HomeMy WebLinkAboutCC RESO 2016-132RESOLUTION NO. 2016 — 132
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE CITY'S
JURISDICTION IN THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY OPEN PACE PROGRAMS; AUTHORIZING
THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY
TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL
ASSESSMENTS WITHIN THE CITY'S JURISDICTION; AUTHORIZING
THE MAYOR TO EXECUTE INDEMNIFICATION AND INSURANCE AGREEMENTS
WITH PARTICIPATING ADMINISTRATORS; AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority (the
"Authority") is a joint exercise of powers authority, the members of which include numerous
cities and counties in the State of California, including the City of National City (the "City"); and
WHEREAS, the Authority is implementing Property Assessed Clean Energy
(PACE) programs, which it has designated CSCDA Open PACE, consisting of CSCDA Open
PACE programs each administered by a separate program administrator (collectively with any
successors, assigns, replacements or additions, the "Programs"), to allow the financing or
refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening
improvements, electric vehicle charging infrastructure and such other improvements,
infrastructure or other work as may be authorized by law from time to time (collectively, the
"Improvements") through the levy of contractual assessments pursuant to Chapter 29 of the
Improvement Bond Act of 1911, Division 7 of the Streets & Highways Code ("Chapter 29") within
counties and cities throughout the State of California that elect to participate in such program;
and
WHEREAS, the program administrators currently active in administering
Programs are Counterpointe Energy Solutions LLC, d.b.a. "AllianceNRG Program";
Counterpointe Energy Solutions (CA) LLC, d.b.a. "AllianceNRG Program"; Cleanfund
Commercial Pace Capital, Inc., d.b.a. "Clean Fund"; Pace Funding Group, LLC, d.b.a. "PACE
Funding"; Renewable Funding LLC; and Spruce Finance Inc., and the Authority will notify the
City in advance of any requested additions or changes to the manner in which the program
administrators operate within the City's jurisdiction; and
WHEREAS, the Legislature has authorized cities and counties to assist property
owners in financing the cost of installing Improvements through a voluntary contractual
assessment program; and
WHEREAS, the City desires to allow the owners of all of the property
("Participating Property Owners") in the incorporated area within the City to participate in the
Programs and to allow the Authority to conduct assessment proceedings under Chapter 29
within its jurisdiction and to issue bonds to finance or refinance Improvements; and
WHEREAS, the Authority will conduct all assessment proceedings under Chapter
29 for the Programs and issue any bonds issued in connection with the Programs; 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, sale or administration of
any bonds issued in connection with the CSCDA Open PACE Program.
Resolution No. 2016 — 132
Page Two
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
Section 1. This City Council hereby finds and declares that the foregoing recitals are
true and correct.
Section 2. The City Council finds and declares that properties located within the
City's jurisdiction will be benefited by the availability of the Programs to finance the installation
of Improvements.
Section 3. In connection with the Programs, the City hereby consents to the conduct
of special assessment proceedings by the Authority pursuant to Chapter 29 on any property
within the City's jurisdiction and the issuance of bonds under the 1911 Act to finance or
refinance Improvements; provided, that
(1) The Participating Property Owners, who shall be the legal owners of such
property, execute a contract pursuant to Chapter 29 and comply with other applicable provisions
of California law in order to accomplish the valid levy of assessments; and
(2) The City will not be responsible for the conduct of any assessment
proceedings; the levy or collection of assessments or any required remedial action in the case
of delinquencies in such assessment payments; or the issuance, sale or administration,
repayment or guarantee of any bonds or any other bonds issued in connection with the
Programs.
(3) The administrators of the CSCDA Open PACE Program listed in Section
5 below execute the City's Indemnification and Insurance Agreement on substantially similar
terms as presented herewith.
Section 4. The appropriate officials and staff of the City are hereby authorized and
directed to make applications for the Programs available to all property owners who wish to
finance or refinance Improvements; provided, that the Authority shall be responsible for
providing such applications and related materials at its own expense. The following staff
persons, together with any other staff persons chosen by the City Manager of the City from time
to time, are hereby designated as the contact persons for the Authority in connection with the
Programs: Alfredo Ybarra, Director of Housing, Grants, and Assessment Management, (619)
336-4254, aybarra(a�nationalcityca.gov.
Section 5. The Mayor is authorized to execute the Indemnification and Insurance
Agreement between the City and: Counterpointe Energy Solutions LLC, d.b.a. "AllianceNRG
Program"; Counterpointe Energy Solutions (CA) LLC, d.b.a. "AllianceNRG Program"; Cleanfund
Commercial Pace Capital, Inc., d.b.a. "Clean Fund"; Pace Funding Group, LLC, d.b.a. "PACE
Funding"; Renewable Funding LLC; and Spruce Finance Inc., the administrators of the CSCDA
Open PACE Program on substantially similar terms as presented herewith.
Section 6. The City Manager, or her designees, are hereby authorized and directed
to execute and deliver such certificates, requisitions, agreements and related documents as are
reasonably required by the Authority to implement the Programs.
Resolution No. 2016 — 132
Page Three
Section 7. The City Council hereby finds that adoption of this Resolution is not a
"project" under the California Environmental Quality Act, because the Resolution does not
involve any commitment to a specific project which may result in a potentially significant
physical impact on the environment, as contemplated by Title 14, California Code of
Regulations, Section 15378(b)(4).
Section 8. This Resolution shall take effect immediately upon its adoption. The City
Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the
Secretary of the Authority at: Secretary of the Board, California Statewide Communities
Development Authority, 1400 K Street, Sacramento, CA 95814.
PASSED and ADOPTED this 6th day of Septe 16.
n Morrison, Mayor
ATTEST:
Michael R. Della, Cit 'Clerk
PPROVED AS TO FORM:
1 0. i 4
tAd.tiolk,,..mA
'aaudia Gas ua it l
City Att
Passed and adopted by the Council of the City of National City, California, on
September 6, 2016 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
1.Atiterk of the City of
City ffational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-132 of the City of National City, California, passed and
adopted by the Council of said City on September 6, 2016.
City Clerk of the City of National City, California
By:
Deputy