HomeMy WebLinkAbout2016 CON Blueflame Pace Services - CMFA Open PACE ProgramNOTE TO FILE
07-15-2019
IN THE MATTER OF: The 2016 BlueFlame PACE Services Agreement. Please
note the following:
NO FULLY EXECUTED ORIGINAL AGREEMENT
WAS FILED WITH THE OFFICE OF THE CITY CLERK.
ORIGINATING DEPARTMENT:
NTF
CDC X Housing & Economic Development
City Attorney Human Resources
City Manager MIS
Community Svcs. Planning
Engineering Police
Finance Public Works
Fire
CITY OF NATIONAL CITY, CALIFORNIA c, ra o \6 - ?� %
COUNCIL AGENDA STATEMENT
EETING DATE:
September 6, 2016
AGENDA ITEM NO. 18
ITEM TITLE:
Of
to accept
Insurance
Housing
National City consenting to the inclusion of
Finance Authority Open PACE Programs;
applications from property owners, conduct
assessments within the City's jurisdiction;
Agreements with participating administrators;
& DEPARTMENT: Housing
properties within the
authorizing the
contractual
authorizing the
and
& Economic
I pm nt Dept.
Resolution of the City Council of the City
City's jurisdiction in the California Municipal
California Municipal Finance Authority
assessment proceedings and levy contractual
Mayor to execute Indemnification and
authorizing related actions.
PREPARED BY: Carlos Aguirre,
Economic Development
PHONE: 619 336-4391
Manager De
APPROVED
EXPLANATION:
A
Please see Attachment No. 1
FINANCIAL STATEMENT:
APPROVED:
APPROVED:
impact statement.
in Section 57378 of the
the California Environmental
FINAL ADOPTION:
mance
'CCOUNT NO.
Please see Attachment No. 1 for fiscal
ENVIRONMENTAL REVIEW:
MIS
California Code of Regulations.
Quality Act.
This activity is not a project as defined
Therefore, no action is required under
ORDINANCE: INTRODUCTION:
STAFF RECOMMENDATION:
Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Insurance Agreement
C'-.-Lovv1‘o% vo• ao‘G • tsG
1. Background Report
2. Form of Indemnification and
3. Resolution
Attachment No. 1
CMFA PACE Program Background Report
The CMFA is a Joint Powers Authority formed to assist local governments, non-profit
organizations and businesses by promoting economic, cultural and community development, with
the financing of economic development and charitable activities throughout California. To date,
over 200 municipalities have become members of the CMFA.
As part of its economic and community development, the CMFA along with its initial Program
Administrators is offering PACE financing for residential and commercial property owners in its
member territories. The CMFA is expected to issue limited obligation bonds, notes or other forms
of indebtedness to fund the projects.
PACE is an innovative way to finance energy efficiency, water efficiency, and renewable energy
upgrades for residential and commercial buildings. Property owners who participate in the
program repay the loans through a voluntary contractual assessment collected together with their
property taxes. One of the most notable characteristics of PACE programs is that the loan is
attached to the property rather than belonging to an individual. Therefore, when the owner sells
the property, the loan may be paid off during the sale or stay with the property and be paid off by
the new owner, who also benefits from the upgrades that were completed.
PACE financing enables individuals and businesses to defer the upfront costs of energy
efficiency, water efficiency and renewable energy improvements. PACE loans are paid over a
long period of time while energy costs are simultaneously lower, which typically provides the
property owner with net savings. PACE overcomes challenges that have hindered adoption of
energy efficiency and renewable energy measures for many property owners.
ANALYSIS OF THE JOINT EXERCISE OF POWERS AGREEMENT:
In order for the CMFA to have the authority to provide PACE financing in the City, it is necessary
for the City to become a member of the CMFA. Attached to this report is a copy of the Joint
Exercise of Powers Agreement to be executed by a designated signatory of the City.
The Joint Exercise of Powers Agreement provides that the CMFA is a public entity, separate and
apart from each member executing such agreement. The debts, liabilities and obligations of the
CMFA do not constitute debts, liabilities or obligations of the members executing such agreement.
There are no costs associated with membership in the CMFA and the City will in no way become
exposed to any financial liability by reason of its membership in the CMFA. In addition,
participation by the City in the CMFA will not impact the City's appropriations limits and will not
constitute any type of indebtedness by the City. The Joint Exercise of Powers Agreement
expressly provides that any member may withdraw from such agreement upon written notice to
the Board of Directors of the CMFA.
ANALYSIS OF THE PACE PROGRAM:
Staff has determined that participation in this program is a cost effective means of offering
property owners the opportunity to make energy and water efficiency retrofits to their property and
create new local jobs. Property owners will repay the financing as a charge on their property tax
bill over a period of years.
Attachment No. 1
The benefits to the property owner include:
• Access to funds for home improvements: In today's economic environment, alternatives for
property owners to finance renewable energy, energy efficiency, and water conservation
improvements may not be available. Therefore, many property owners do not have options
available to them to lower their utility bills.
• Savings: Renewable energy, energy efficiency, and water conservation improvements help
lower utility bills.
Payment obligation is tied to the property: The debt should not need to be repaid when the
property is sold or transferred. The new owner assumes the obligation to repay the
remaining balance with the property taxes.
Voluntary: Property owners choose to participate in the program at their own discretion.
Repayment obligation matched to the useful life of the financed improvements: The length
of the financing is based on the expected useful life of the improvements. Depending on
the lender and the improvements, the term can range from five (5) years to thirty-nine (39)
years.
Prepayment options: Property owners can pay off the assessments at any time; however,
there may be applicable prepayment penalties, and the program administrators review these
terms with prospective participants.
• Improved quality of life: Residents benefit from improvements, such as more effective
cooling provided by new air conditioning units and less outside noise when new double -
paned windows are installed.
The benefits to the City include:
• The City is not obligated to repay the bonds issued by CMFA or to pay the assessments
levied on the participating properties. The City will not incur any cost or involvement, and
there are no administrative responsibilities, marketing obligations, or financial exposures to
the City.
• The CMFA and its Program Administrators handle all assessment administration, bond
issuance and bond administration functions.
The proposed Resolution authorizes the CMFA to accept applications from owners of property
within our territory for municipal financing of authorized improvements through the CMFA
Program. It also authorizes The CMFA to conduct assessment proceedings and levy
assessments against the property of participating owners within the incorporated territory of the
City.
FISCAL IMPACT:
There is no negative fiscal impact to the City's general fund incurred by consenting to the inclusion
of properties within the City limits in the PACE Programs.
The Board of Directors of the California Foundation for Stronger Communities, a California non-
profit public benefit corporation (the "Foundation"), acts as the Board of Directors for the CMFA.
Through its conduit issuance activities, the CMFA shares a portion of the issuance fees it receives
with its member communities and donates a portion of these issuance fees to the Foundation for
2
Attachment No. 1
the support of local charities. With respect to the City, it is expected that that a portion of the
issuance fee will be granted by the CMFA to the general fund of the City. Such grant may be
used for any lawful purpose of the City. A similar amount will be donated by the CMFA to a non-
profit organization in the City. The amount of the issuance fees generated from the PACE program
that is provided to the City's general fund is unknown at this time.
3
Attachment No. 2
INDEMNIFICATION AND INSURANCE AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
BLUEFLAME PACE SERVICES LLC
This Indemnification and Insurance Agreement ("Agreement") is entered into by and
between the City of National City, a municipal corporation ("City") and Blueflame Pace Services
LLC, a Delaware limited liability company ("Administrator"), an administrator of California
Municipal Finance Authority's Open PACE Program ("CMFA Open PACE Program" or
"Program").
RECITALS
WHEREAS, the California Municipal 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 January 1, 2004, as amended from time to time ("Authority JPA"); 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, seismic strengthening improvements,
electric vehicle charging infrastructure and such other infrastructure as may be authorized by law
from time to time (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, the City Council of the City of National City has approved the City joining
the Authority, has consented to the inclusion in the CMFA Open 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; and
WHEREAS, the Authority and the Administrator have entered into a Third Party
Administration Agreement, dated June 22, 2016, in which the Administrator agrees to administer
the CMFA Open PACE Program; and
WHEREAS, the Administrator agrees to indemnify the City and to provide insurance in
connection with the administration of the CMFA Open PACE Program in the City of National
City.
Indemnification Insurance Agreement
1 City of National City and
2016 Blueflame Pace Services LLC
Attachment No. 2
NOW, THERFORE, in consideration of the Recitals above and of the City's agreement
to join the Authority and to participate in the Authority's CMFA Open PACE Program, the
parties agree as follows:
1. Agreement to Indemnify. The Administrator agrees to defend, indemnify, and
hold harmless the City, its officers, elected or appointed officials, employees, agents, and
volunteers from and against any and all claims, damages, losses, expenses, fines, penalties,
judgments, demands, and defense costs (including, without limitation, actual, direct, out-of-
pocket costs and expenses, and amounts paid in compromise or settlement and reasonable
outside legal fees arising from litigation of every nature or liability of any kind or nature
including civil, criminal, administrative or investigative) arising out of or in connection with the
Authority's CMFA Open PACE Program, except such loss or damage which was caused by the
sole negligence or willful misconduct of the City. The Administrator will conduct all defenses at
its sole cost and expense, and the City shall reasonably approve selection of the Administrator's
counsel. This indemnity shall apply to all claims and liability regardless of whether any
insurance policies of the Administrator, its affiliates or any other parties are applicable thereto.
The policy limits of any insurance of the Administrator, its affiliates or other parties are not a
limitation upon the obligation of the Administrator, including without limitation, the amount of
indemnification to be provided by the Administrator. The provisions of this section shall survive
the termination of this Agreement.
2. Insurance. The Administrator agrees, at no cost or expense to the City, at all
times during the administration of the Authority's CMFA Open PACE Program, to maintain the
insurance coverage set forth in Exhibit "A" to this Agreement.
3. Amendment/Interpretation of this Agreement. This Agreement, including all
Exhibits attached hereto, represents the entire understanding of the parties as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered hereunder. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing by both parties hereto. This Agreement
shall not be interpreted for or against any party by reason of the fact that such party may have
drafted this Agreement or any of its provisions.
4. Section Headings. Section headings in this Agreement are included for
convenience of reference only and shall not constitute a part of this Agreement for any other
purpose.
5. Waiver. No waiver of any of the provisions of this Agreement shall be binding
unless in the form of a writing signed by the party against whom enforcement is sought, and no
such waiver shall operate as a waiver of any other provisions hereof (whether or not similar), nor
shall such waiver constitute a continuing waiver. Except as specifically provided herein, no
Indemnification Insurance Agreement 2 City of National City and
20I6 Blueflame Pace Services LLC
Attachment No. 2
failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a
waiver thereof.
6. Severability and Governing Law. If any provision or portion thereof of this
Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise
unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted
by law. This Agreement shall be governed by and construed and enforced in accordance with
the laws of the State of California applicable to contracts made and to be performed in
California.
7. Notices. All notices, demands and other communications required or permitted
hereunder shall be made in writing and shall be deemed to have been duly given if delivered by
hand, against receipt, or mailed certified or registered mail and addressed as follows:
If to the Administrator:
If to the City:
Alfredo Ybarra
Director, Housing, Grants, and Asset Management
City of National City
1243 National City Boulevard
National City, CA 91950-4301
8. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed to be an original, which together shall constitute the same instrument.
9. Effective Date. This Agreement will be effective as of the date of the signature of
City's representative as indicated below in the City's signature block.
IN WITNESS HEREOF, the parties hereto duly executed this Agreement as of the date
below.
CITY ADMINISTRATOR
CITY OF NATIONAL CITY BLUEFLAME PACE SERVICES LLC
By: By:
Indemnification Insurance Agreement 3 City of National City and
2016 Blueflame Pace Services LLC
Attachment No. 2
Ron Morrison, Mayor
Name Title
Date: Date:
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
Indemnification Insurance Agreement
4 City of National City and
2016 Blueflame Pace Services LLC
Attachment No. 2
INSURANCE
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
EXHIBIT A
1. The coverage provided by Insurance Services Office Commercial General
Liability coverage ("occurrence") Form Number CG 0001; and
2. The coverage provided by Insurance Services Office Form Number CA 0001
covering Automobile Liability. Coverage shall be included for all owned, non -
owned and hired automobiles; and
3. Workers' Compensation insurance as required by the California Labor Code and
Employers Liability insurance; and
4. Professional Liability Errors & Omissions for all professional services.
There shall be no endorsement reducing the scope of coverage required above unless approved
by the National City Risk Manager.
B. Minimum Limits of Insurance
Administrator shall maintain limits no less than:
1. Commercial General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial Liability Insurance or other
form with a general aggregate limit is used, either the general aggregate limit shall
apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit; and
2. Automobile Liability: $1,000,000 combined single limit per accident for bodily
injury and property damage; and
3. Workers' Compensation and Employers Liability: Workers' Compensation limits
as required by the California Labor Code and Employers Liability limits of
$1,000,000 per accident; and
4. Professional Liability Errors & Omissions $1,000,000 per occurrence/ aggregate
limit.
C. Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to, and approved by the National
City Risk Manager. At the option of City, either: the insurer shall reduce or eliminate such
deductibles or self -insured retentions as respects City, its officers, employees, agents,
Indemnification Insurance Agreement
5 City of National City and
2016 Blueflame Pace Services LLC
Attachment No. 2
contractors, and volunteers; or Administrator shall procure a bond guaranteeing payment of
losses and related investigations, claim administration and defense expenses in an amount
specified by the National City Risk Manager.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. Commercial General Liability and Automobile Liability Coverages.
a. National City, its officers, employees, agents, contractors, and volunteers
are to be covered as additional insureds as respects: Liability arising out
of activities performed by or on behalf of Administrator; products and
completed operations of Administrator; premises owned, leased, or used
by Administrator; and automobiles owned, leased, hired or borrowed by
Administrator. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, employees, agents,
contractors, and volunteers.
b. Administrator's insurance coverage shall be primary insurance as respects
the City, its officers, employees, agents, contractors, and volunteers. Any
insurance or self-insurance maintained by City, its officers, employees,
agents, contractors, or volunteers shall be excess of Administrator's
insurance and shall not contribute with it.
c. Any failure to comply with reporting provisions of the policies by
Administrator shall not affect coverage provided to the City, its officers,
employees, agents, contractors, or volunteers.
d. Coverage shall state that Administrator's insurance shall apply separately
to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
e. Coverage shall contain a waiver of subrogation in favor of the City, its
officers, employees, agents, contractors and volunteers.
2. Workers' Compensation and Employers' Liability.
Coverage shall contain waiver of subrogation in favor of National City, its
officers, employees, agents, contractors, and volunteers.
3. All Coverages
Each insurance policy required by this AGREEMENT shall be endorsed to state
that coverage shall not be suspended, voided, cancelled, or reduced in limits
except after thirty (30) days' prior written notice has been given to the City,
except that ten (10) days' prior written notice shall apply in the event of
cancellation for nonpayment of premium.
Indemnification Insurance Agreement
6 City of National City and
2016 Blueflame Pace Services LLC
Attachment No. 2
E. Acceptability of Insurers.
Insurance is to be placed with insurers acceptable to the National City Risk Manager.
F. Verification of Coverage.
Administrator shall furnish the City with certificates of insurance and with original endorsements
affecting coverage required by this AGREEMENT. The certificates and endorsements for each
insurance policy are to be signed by a person authorized by that insurer to bind coverage on its
behalf.
Proof of insurance shall be either emailed in pdf format to: eamaya@nationalcityca.gov or
mailed to the following postal address or any subsequent address as may be directed in writing
by the National City Risk Manager:
City of National City
Attn: Risk Manager
1243 National City Boulevard
National City, CA 91950-4301
G. Subcontractors
Administrator shall include all subcontractors as insureds under its policies or shall obtain
separate certificates and endorsements for each subcontractor.
Indemnification Insurance Agreement
7 City of National City and
2016 Blueflame Pace Services LLC
RESOLUTION NO. 2016 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION
IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE
PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE
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 Municipal Finance 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 CMFA Open PACE, consisting of CMFA 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 Energy Efficient Equity, Inc., BlueFlame PACE Services LLC and SFA Partners,
LLC, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as
follows:
Resolution No. 2016 —
Page Two
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 CMFA 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 Energy Efficient Equity, Inc., BlueFlame PACE Services LLC
and SFA Partners, LLC, the administrators of the CMFA 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.
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).
Resolution No. 2016 —
Page Three
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
Financial Advisor of the Authority at: California Municipal Finance Authority, 2111 Palomar
Airport Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper.
PASSED and ADOPTED this 6th day of September, 2016.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
RESOLUTION NO. 2016 — 136
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
THE INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION
IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE
PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE
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 Municipal Finance 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 CMFA Open PACE, consisting of CMFA 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 Energy Efficient Equity, Inc., BlueFlame PACE Services LLC and SFA Partners,
LLC, 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as
follows:
Resolution No. 2016 — 136
Page Two
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 CMFA 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 Energy Efficient Equity, Inc., BlueFlame PACE Services LLC
and SFA Partners, LLC, the administrators of the CMFA 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.
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).
Resolution No. 2016 — 136
Page Three
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
Financial Advisor of the Authority at: California Municipal Finance Authority, 2111 Palomar
Airport Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper.
PASSED and ADOPTED this 6`h day of Septemb- , 2016.
Morrison, Mayor
ATTEST:
e
Mich
Mi l R. Dalla, ity Clerk
APPROVED AS TO FIRM:
udia Gac ua Silv
City Attor
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
/� A
City Cle of the City of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-136 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
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950
619-336-4228 phone / 619-336-4229 fax
Michael R. Dalla, CMC - City Clerk
September 13, 2016
Mr. Travis Cooper
California Municipal Finance Authority
2111 Palomar Airport Road, Suite 320
Carlsbad, CA 92011
Dear Mr. Cooper,
Enclosed is a certified copy of Resolution No. 2016-136 for your files.
If you have any questions, please feel free to call me at 619-336-4226.
Michael Dalla
City Clerk
Enclosure