HomeMy WebLinkAboutCC RESO 2015-113RESOLUTION NO. 2015 — 113
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN
THE CITY OF NATIONAL Ci T Y'S JURiSD1CTION IN THE CALIFORNIA
HOME FINANCE ��AUTHORITY'S,�PACE lPROGRAM TO FINANCE RENEWABLE
ENERGY GENERATION, ENERGY AND Y tiATER EFFICIENCY iMPTOV EMEN IMPROVEMENTS,
AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE; AUTHORIZING
THE AUTHORITY TO LEVY ASSESSMENTS, IMPOSE CONTRACTUAL
ASSESSMENT LIENS, AND FINANCE ELIGIBLE IMPROVEMENTS ON
THOSE PROPERTIES; APPROVING MEMBERSHIP IN THE CALIFORNIA
HOME FINANCE AUTHORITY; AND AUTHORIZING THE MAYOR TO
EXECUTE T FEE INDEMNIFICATION AND INSURANCE AGREEMENT
WITH YGRENE ENERGY FUND CA, LLC
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 6500 et. seq.) and the Joint Exercise of Powers
Agreement entered into on July 1, 1993, as amended from time to time ("Authority JPA"); and
WHEREAS, the Authority is in the process of amending the Authority IPA to
formally change its name to the Golden State Finance Authority; and
WHEREAS, the Authority has established a property -assessed clean energy
("PACE") Program ("Authority PACE Program") to provide for the financing of renewable energy
generation, energy and water efficiency improvements, and electric vehicle charging
infrastructure (the "Improvements") pursuant to Chapter 29 of Division 7 of the California Streets
and Highways Code ("Chapter 29"), within counties and cities throughout the State of California
that elect to participate in the Program; and
WHEREAS, Chapter 29 authorizes cities and counties to assist property owners
in financing the cost of installing the improvements through a voluntary contractual assessment
program; and
WHEREAS, t- pursuant to Chapter29, and the interest
vv nr-rc rra.� the :���t_?��:rlir+r�iv iFaur�ri and
any penalties thereon, shah constitute a lien against the lots and parcels of land on which they
are made, until they are paid; and
WHEREAS, the assessments may be levied under the provisions of Chapter 29
only with the free and willing consent of the owner of each lot or parcel on which an assessment
is levied at the time the assessment is levied; and
WHEREAS, the parameters of the Authority PACE Program are set forth in the
Program Report which has been prepared pursuant to Section 5898.22 of Chapter 29; and
WHEREAS, the City Council of the City of National City has reviewed the
Program Report; and
WHEREAS, the City desires to participate in the Authority PACE Program and
provide for participation in the Authority PACE Program by property owners located within the
City's jurisdiction; and
Resolution No. 2015-113
August 4, 2015
Page Two
WHEREAS, in order to participate in the Authority PACE Program, the City
desires to become an Associate Member of the Authority. A copy of the JPA Agreement is
attached to this Resolution as Exhibit "A"; and
1A HEREAC to tee City a:__ t t.
Y k : ILI i—l1oJ. to protect the CRy i 7 connection with the administration of the
Authority PACE Program, Ygrene Energy Fund CA, LLC, the Program administrator, has
agreed to defend and indemnify the City; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings, the levy and collection of assessments or any required remedial action in the case
of delinquencies in the payment of any assessments or the issuance, saie or administration of
any bonds issued in connection with the Authority PACE Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
1. The City Council approves the City joining the Authority as an Associate member
and authorizes the Mayor to execute the Signature Page for New Associate Members to the
JPA Agreement.
2. The City Council finds and declares that properties in the City's jurisdiction will be
benefited by the availability of the Authority PACE Program to finance the installation of the
Improvements.
3. The City Council consents to inclusion in the Authority PACE Program of all of
the properties in the jurisdictional boundaries of the City and to the acquisition, construction, and
installation of the Improvements, upon the request by and voluntary agreement of owners of
such properties, in compliance with the laws, rules and regulations applicable to the Program.
4. The City Council consents to the assumption of jurisdiction by the Authority for ail
purposes of the Authority PACE Program 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 Improvements, including the levying, collecting and enforcement of the contractual
assessments to finance the Improvements and the issuance and enforcement of bonds to
represent such contractual assessments.
5. The City Council acknowledges that the Authority has prepared, and will update
City Vvui[
from time to time, the Program Report pursuant to requirements of Chapter 29, and the
Authority will undertake assessment proceedings and the financing of the Improvements as set
forth in the Program Report.
6. The Authority will administer, or cause the administration of, the Authority PACE
Program at no cost to the City.
7. The Mayor is authorized to execute the Indemnification and insurance
Agreement with Ygrene Energy Fund CA, LLC.
Resolution No. 2015-113
August 4, 2015
Page Three
8. The City will not be responsible for the conduct of any assessment proceedings,
the levy and collection of assessments or any required remedial action in the case of
delinquencies in the payment of any assessments or the issuance, sale or administration of any
bonds issued in connection with the Authority PACE Program.
9, This Resolution shall take effect immediately upon its adoption. The 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.
on Morrison, Mayor
ATTEST: A
Y11 1 L I .
NJ
Michael R. Dafla,'City Clerk
PPROVED AS TO FORM:
Claudia Gacit
City Attorney
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
� t
City lerk of the City of#Vational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-113 of the City of National City, California, passed and
adopted by The Cc ui �c of said City on August 4, 2015.
City Clerk of the City of National City, California
By:
Deputy