HomeMy WebLinkAbout2013-12-03; City Council; Resolution 2013-283 (2)Exhibit A
1 RESOLUTION NO. 2013-284
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN
THE INCORPORATED AREA OF THE CITY IN THE SAN DIEGO
4 COUNTY PROPERTY ASSESSED CLEAN ENERGY PROGRAM TO
FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY
5 SOURCES AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS,
APPROVING THE REPORT SETTING FORTH THE PARAMETERS OF
THE REFERENCED PROGRAM AND CERTAIN MATTERS IN
CONNECTION THEREWITH.
8 WHEREAS, the California Enterprise Development Authority ("CEDA") is a joint exercise
9 of powers authority, comprised of cities and counties in the State of California, including the
City of Carisbad (the "City"); and
WHEREAS, CEDA has adopted the Figtree Property Assessed Clean Energy (PACE) and
Job Creation Program (the "Program" or "Figtree PACE"), to allow the financing of certain
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14 renewable energy, energy efficiency and water efficiency improvements (the "Improvements")
15 through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets
& Highways Code ("Chapter 29"), and the issuance of improvement bonds or other evidences of
indebtedness (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Highways
Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual
assessments; and
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21 WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only
22 with the free and willing consent ofthe owner of each lot or parcel on which an assessment is
levied at the time the assessment is levied; and
WHEREAS, the Board of Supervisors (the "Board of Supervisors") of the County of San
Diego, a political subdivision ofthe State ofCalifornia (the "County"), has adopted Figtree PACE
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2y pursuant to the Act; and
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1 WHEREAS, the parameters of Figtree PACE are set forth in the Program Report and such
^ Report has been prepared pursuant to Section 5898.22 of the Act and approved by the CEDA
Board of Directors; and
WHEREAS, the City Council ofthe City of Carlsbad (the "City Council") has reviewed the
Report, attached hereto as Exhibit "A"; and
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7 WHEREAS, the Act authorizes CEDA to enter into contractual assessments with property
8 owners located within incorporated cities in the County of San Diego upon the approval of the
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legislative body ofthe related city to participate in Figtree PACE; and
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WHEREAS, the City of Carisbad (the "City") desires to participate with the County in
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Figtree PACE, and provide for participation in Figtree PACE by property owners located within
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j2 City limits; and
14 WHEREAS, pursuant to Chapter 29, the City authorizes CEDA to levy assessments,
15 pursue remedies in the event of delinquencies, and issue bonds or other forms of indebtedness
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to finance the Improvements in connection with Figtree PACE; and
WHEREAS, to protect the City in connection with operation ofthe Figtree PACE, Figtree
Energy Financing, the program administrator, has agreed to defend and indemnify the City; and
WHEREAS, the City will not be responsible for the levy of assessments, any required
21 remedial action in the case of delinquencies, the issuance, sale or administration ofthe bonds
or other indebtedness issued in connection with Figtree PACE.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad,
California, as follows that:
1. The above recitations are true and correct.
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CEDA in good standing.
3. On the date hereof, the City Council hereby finds and determines that the
Program and issuance of Bonds by CEDA in connection with Figtree PACE will
1 2. The City is either a municipal corporation or other public body and a member of
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^ provide significant public benefits, including without limitation, savings in effective
7 interest rates, bond preparation, bond underwriting and bond issuance costs and
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reductions in effective user charges levied by water and electricity providers within
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the boundaries ofthe City.
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The City Council ratifies the resolution adopted by the CEDA Board of Directors
j2 on September 12, 2013 declaring the Board's intention to order the implementation
13 of a contractual assessment program to finance Improvements pursuant to the Act.
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within City limits ofthe energy and water efficiency measures set forth in the Report
19 upon the request and agreement of the affected property owner, and the
20 assumption of jurisdiction thereof by CEDA for the aforesaid purposes. The
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adoption of this Resolution by this City Council constitutes the approval by the City
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to participate in Figtree PACE. This City Council further authorizes CEDA to set the
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terms of, and implement, Figtree PACE and take each and every action necessary or
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2^ desirable for financing the Improvements, including the levying, collecting and
26 enforcement of the contractual assessments to finance the Improvements and the
5. The City Council hereby approves the inclusion in Figtree PACE all of the
properties in the incorporated area within the City, as same may be amended
through annexation from time to time, the acquisition, construction and installation
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1 issuance of bonds, notes or other forms of indebtedness secured by such contractual
^ assessments as authorized by Chapter 29.
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The City hereby appoints CEDA as its representative to (i) record the assessment
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^ against the Participating Parcels, (ii) administer the District in accordance with the
^ Improvement Act of 1915 (Chapter 29 Part 1 of Division 10 of the California Streets
7 and Highways Code (commencing with Section 8500 et seq.) (the "Law"), (iii)
^ prepare program guidelines forthe operations ofthe Program and (iv) proceed with
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any claims, proceedings or legal actions as shall be necessary to collect past due
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assessments on the properties within the District in accordance with the Law and
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Section 6509.6 of the California Government Code. The City is not and will not be
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j3 deemed to be an agent of Figtree or CEDA as a result of this Resolution.
14 7. The City Council hereby acknowledges that pursuant to the requirements of
Chapter 29, CEDA has prepared and will update from time to time the "Program
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Report" for Figtree PACE (the "Program Report") and associated documents, and
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CEDA will undertake assessment proceedings and the financing of Improvements as
set forth in the Program Report
20 8. The City Council hereby acknowledges that the Law permits foreclosure in the
event that there is a default in the payment of assessments due on a property. The
City Council hereby designates CEDA as its representative to proceed with collection
and foreclosure ofthe liens on the defaulting properties within the District, including
accelerated foreclosure pursuant to the Program Report.
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indemnification for negligence or malfeasance of any type as a result of the acts or
omissions of Figtree, its officers, employees, subcontractors and agents, arising from
or related to negligent performance by Figtree of the work required under the
1 9. The City Council acknowledges that Figtree has provided CEDA with an
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^ agreement between Figtree and CEDA. Figtree, on behalf of itself and CEDA, agrees
7 to defend, indemnify, and hold harmless the City, its officers, agents, employees and
^ attorneys from and against any and all liabilities, claims, or demands arising or
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alleged to arise as a result of CEDA or Figtree's performance or failure to perform
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under this Agreement or the Program, except that arising from the sole negligence
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or willful misconduct ofthe City.
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13 10. The appropriate officials and staff of the City are hereby authorized and directed
14 to make applications for Figtree PACE available to all property owners who wish to
finance Improvements. The following staff persons, together with any other staff
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designated by the City Manager from time to time, are hereby designated as the
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contact persons for CEDA in connection with Figtree PACE: Conrad "Skip" Hammann,
JP Jr., Public Works Director, 760-602-2400, skip.hammann@carlsbadca.gov. The City
20 Clerk is directed to provide a certified copy of this Resolution to Figtree Energy
21 Financing Company
11. The appropriate officials and staff of the City are hereby authorized and directed
to execute and deliver such closing certificates, requisitions, agreements and related
documents as are reasonably required by CEDA in accordance with the Program
26 Report to implement Figtree PACE for Participating Property Owners
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12. The City Council hereby finds that adoption of this Resolution is not a "project"
under the California Environmental Quality Act ("CEQA"), 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)).
13. 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
Figtree Energy Financing Company.
14. Services related to the formation and administration ofthe assessment district
will be provided by CEDA at no cost to the City.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 3'^^ day of December 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn, Douglas.
None.
ABSENT: None.
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A XT UAII K/l..^..^^ / MATT HALL, Mayor
ATTEST:
B^«BA(^A ENGLESON,^ity
STATE OF CAUFORNIA )
COUNTY OF SAN DIEGO )ss.
I, Barbara Engleson, City Clerk of the City of Carlsbad, County of San Diego, State of
California, hereby certify that I have compared the foregoing copy with the original
RESOLUTION NO. 2013-284. CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE
INCORPORATED AREA OF THE CITY IN THE SAN DIEGO COUNTY PROPERTY ASSESSED CLEAN
ENERGY PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES
AND ENERGY AND WATER EFFICIENCY IMPROVEMENTS. APPROVING THE REPORT SETTING
FORTH THE PARAMETERS OF THE REFERENCED PROGRAM AND CERTAIN MATTERS IN
CONNECTION THEREWITH, with the original now on file in the Office ofthe City Clerk of
the City of Carisbad; that the same contains a full, true and correct transcript therefrom
and of the whole thereof.
Witness my hand and the seal of said City of Carisbad, this 6th day of December,
2013.
ENGLESON, CITT^LERK