HomeMy WebLinkAboutCC RESO 2015-114RESOLUTION NO. 2015 -- 114
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN
THE CITY OF NATIONAL CITY'S JURISDiC T !ON IN THE CALIFORNIA
HOME FINANCE AUTHORITY COMMUNITY FACILITIES DiSTRICT NO. 2014-1
(CLEAN ENERGY) TO FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY
EFFICIENCY AND WATER CONSERVATION IMPROVEMENTS, AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE WITH YGRENE ENERGY FUND
WHEREAS, the California Home Finance Authority ("Authority") is a joint
exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the
California Government Code (Section 5500 et. secy.) and he joint Exercise of Powers
Agreement entered into on July 1, 1993, as amended from time to time ("Authority .IPA"); and
WHEREAS, the Authority is in the process of amending the Authority JF'A to
formally change its name to the Golden State Finance Authority; and
WHEREAS, the Authority has established Community Facilities District No. 2014-
1(Clean Energy) in accordance with the Mello -Roos Community Facilities Act, set forth in
sections 53311 through 53368.3 of the California Government Code ("Act") and particularly in
accordance with sections 53313.5(I) and 53328.1(a) ("District"); and
WHEREAS, the purpose of the District is to finance or refinance (including the
payment of interest) the acquisition, installation, and improvement of energy efficiency, water
conservation, renewable energy, and electric vehicle charging infrastructure improvements
permanently affixed to private or publicly -owned real property (the "Authorized Improvements");
and
WHEREAS, the Act authorizes a parcel within the territory of the District to
annex to the District and be subject to the special tax levy of the District only (I) if the City
Council has consented, by the adoption of a resolution, to the inclusion of parcels within its
jurisdiction in the District and (ii) with the unanimous written approval of the owner or owners of
the parcel when it is annexed, which, as provided in section 53329.6 of the Act, shall constitute
the eleuti ri required by the California Constitution; and
WHEREAS, the Authority directed the preparation of the California Clean Energy
Program, California Home Finance Authority Community Facilities District No. 2014-1 Hearing
Report which includes a form for the required unanimous written approval called the Unanimous
Approval Agreement; and
WHEREAS, the City Council of the City of National City has reviewed the
Hearing Report; and
WHEREAS, the City desires to participate in the District and provide for
participation in the District by property owners located within the City's jurisdiction; and
WHEREAS, to protect the City in connection with the administration of the
District, Ygrene Energy Fund CA, LLC, the Program administrator, has agreed to defend and
indemnify the City; and
Resolution No. 2015 --114
Page Two
WHEREAS, the City will not be responsible for the conduct of any special tax
proceedings, the levy and collection of special taxes or any required remedial action in the case
of delinquencies in the payment of any special taxes in connection with the District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
1. The City Council finds and declares that properties in the City's jurisdiction will be
benefited byth;e aveilshility Community Facilities District ct Nc 2014-1(Clean finance
-::: _ � of -:' t, • �• • �s s.,€;,; Energy) to
the installation of the Authorized improvements,
2. The City Council consents to inclusion in Community Facilities District No. 2014-
1(Clean Energy) of all of the properties in the C ity's jurisdiction and to the construction and
installation of the Authorized Improvements, upon the request of, and execution of the
Unanimous Approval Agreement by, the owners of such properties when such properties are
annexed, in compliance with the laws, rules and regulations applicable to the District.
3. The City Council consents to the assumption of jurisdiction by the Authority for all
purposes of Community Facilities District No. 2014-1(Clean Energy) and authorizes the
Authority, upon satisfaction of the conditions imposed in this Resolution, to take each and every
step required for, or suitable for, financing the Authorized Improvements.
4. The Authority will administer, or cause the administration of, Community Facilities
District No. 2014-1(Clean Energy) at no cost to the City.
5. The City will not be responsible for the conduct of any special tax proceedings,
the levy and collection of special taxes or any required remedial action in the case of
delinquencies in the payment of any special taxes in connection with Community Facilities
District No. 2014-1(Clean Energy).
0 This Resolution shall take effect immediate`:; upon its adoption. T!;; City Clerk is
directed to send a certified copy of this Resolution to the Secretary of the Authority.
PASSED and ADOPTED this 4th day of August, 2015.
Al TEST:
Michael R. Della, ty Clerk
on Morrison,
TO FORM:
acitu- Silva
City Attorney J
Passed and adopted by the Council of the City of National City, California, on August 4,
2015 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY RON MORRISON►
Mayor of the City of National City, California
City Clerk of the City ofiR+lational City, California
By:
Deputy
HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-114 of the City of National City, California. passed and
r
adopted by the Coundii ui said City on August 4, 2015.
City Clerk of the City of National City, California
By:
Deputy