HomeMy WebLinkAbout2013-12-03; City Council; Resolution 2013-284Exhibit^
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RESOLUTION NO. 2013-284
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
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.
WHEREAS, the California Enterprise Developnnent Authority ("CEDA") is a joint exercise
of powers authority, comprised of cities and counties in the State of California, including the
City of Carlsbad (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
renewable energy, energy efficiency and water efficiency improvements (the "Improvements")
through the levy of contractual assessments pursuant to Chapter 29 of Division 7 ofthe 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
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only
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
pursuant to the Act; and
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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
1 WHEREAS, the parameters of Figtree PACE are set forth in the Program Report and such
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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
legislative body of the related city to participate in Figtree PACE; and
WHEREAS, the City of Carlsbad (the "City") desires to participate with the County in
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
to finance the Improvements in connection with Figtree PACE; and
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WHEREAS, to protect the City in connection with operation ofthe Figtree PACE, Figtree
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Energy Financing, the program administrator, has agreed to defend and indemnify the City; and
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2Q 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 of the bonds
22 or other indebtedness issued in connection with Figtree PACE
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows that:
1. The above recitations are true and correct.
D
1 2. The City is either a municipal corporation or other public body and a member of
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CEDA in good standing.
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
5 provide significant public benefits, including without limitation, savings in effective
7 interest rates, bond preparation, bond underwriting and bond issuance costs and
reductions in effective user charges levied by water and electricity providers within
the boundaries ofthe City.
4. The City Council ratifies the resolution adopted by the CEDA Board of Directors
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12 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.
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
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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25 desirable for financing the Improvements, including the levying, collecting and
26 enforcement of the contractual assessments to finance the Improvements and the
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adoption of this Resolution by this City Council constitutes the approval by the City
to participate in Figtree PACE. This City Council further authorizes CEDA to set the
terms of, and implement, Figtree PACE and take each and every action necessary or
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assessments as authorized by Chapter 29.
6. The City hereby appoints CEDA as its representative to (i) record the assessment
against the Participating Parcels, (ii) administer the District in accordance with the
1 issuance of bonds, notes or other forms of indebtedness secured by such contractual
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g 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
any claims, proceedings or legal actions as shall be necessary to collect past due
assessments on the properties within the District in accordance with the Law and
Section 6509.6 of the California Government Code. The City is not and will not be
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12 deemed to be an agent of Figtree or CEDA as a result ofthis 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.
indemnification for negligence or malfeasance of any type as a resuit 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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g 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 of the City.
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12 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,
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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
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25 Report to implement Figtree PACE for Participating Property Owners
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1 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
Figtree Energy Financing Company.
14. Services related to the formation and administration of the assessment district
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g 14, California Code of Regulations, Section 15378(b)(4))
7 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
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j2 vvill 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.
MATT HALL, Mayor
ATTEST:
BAfiBAftA ENGLESON,^ity Clerk
~ o •
"",77tts^^<>^
STATE OF CAUFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Barbara Engleson, City Clerk ofthe 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 Carlsbad; 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 Carlsbad, this Sth day of December,
2013.
^^^<A<J7UA (^^C^
A-^^^^ ENGLESON, CITKLERK
EXHIBIT "A"
ASSOCIATE MEMBERSHIP AGREEMENT
by and between the
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and the
CITY OF CARLSBAD, CALIFORNIA
THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership
Agreement"), dated as of /kuxfl 7 7ot^ by and between CALIFORNIA
ENTERPRISE DEVELOPMENr AUTHORITY (the "Authority") and the CITY OF
CARLSBAD, CALIFORNIA, a municipal corporation, duly organized and existing under the
laws ofthe State ofCalifornia (the "City");
WITNESSETH:
WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and
collectively, the "Members"), have entered into a Joint Powers Agreement, dated as of June 1,
2006 (the "Agreement"), establishing the Authority and prescribing its purposes and powers; and
WHEREAS, the Agreement designates the Executive Committee of the Board of
Directors and the President of the Califomia Association for Local Economic Development as
the initial Board of Directors ofthe Authority; and
WHEREAS, the Authority has been formed for the purpose, among others, to assist for
profit and nonprofit corporations and other entities to obtain financing for projects and purposes
serving the public interest; and
WHEREAS, the Agreement permits any other local agency in the State of Califomia to
join the Authority as an associate member (an "Associate Member"); and
WHEREAS, the City desires to become an Associate Member ofthe Authority;
WHEREAS, City Council of the City has adopted a resolution approving the Associate
Membership Agreement and the execution and delivery thereof;
WHEREAS, the Board of Directors of the Authority has determined that the City should
become an Associate Member of the Authority;
4833-7301-9141.1
NOW, THEREFORE, in consideration of the above premises and of the mutual
promises herein contained, the Authority and the City do hereby agree as follows:
Section 1. Associate Member Status. The City is hereby made an Associate Member of
the Authority for all purposes of the Agreement and the Bylaws ofthe Authority, the provisions
of which are hereby incorporated herein by reference. From and after the date of execution and
delivery of this Associate Membership Agreement by the City and the Authority, the City shall
be and remain an Associate Member of the Authority.
Section 2. Restrictions and Rights of Associate Members. The City shall not have the
right, as an Associate Member of the Authority, to vote on any action taken by the Board of
Directors or by the Voting Members of the Authority. In addition, no oflBcer, employee or
representative of the City shall have any right to become an ofificer or director ofthe Authority
by virtue ofthe City being an Associate Member of the Authority.
Sections. Effect of Prior Authoritv Actions. The City hereby agrees to be subject to and
bound by all actions previously taken by the Members and the Board of Directors of the
Authority to the same extent as the Members of the Authority are subject to and bound by such
actions.
Section 4. No Obligations of Associate Members. The debts, liabilities and obligations
ofthe Authority shall not be the debts, liabilities and obligations ofthe City.
Sections. Execution of the Agreement. Execution of this Associate Membership
Agreement and the Agreement shall satisfy the requirements ofthe Agieement and Article XII of
the Bylaws of the Authority for participation by the City in all programs and other undertakings
of the Authority.
4833-7301-9141.1
1
IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership
Agreement to be executed and attested by their proper officers thereunto duly authorized, on the
day and year first set forth above.
CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHOMTY
By:_^
Gurbax Sahota, (^hair
Board of Directors
Attest:
CITY OF CARLSBAD, CALIFORNIA
Attest:
City Clerk
4833-7301-9141.1
RESOLUTION NO. 14-28
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
RESOLUTION APPROVING ASSOCIATE MEMBERSHIP OF THE CITY
OF CARLSBAD IN THE CALIFORNIA ENTERPRISE DEVELOPMENT
AUTHORITY AND THE EXECUTION OF ASSOCIATE MEMBERSHIP
AGREEMENTS RELATING TO SAID ASSOCIATE MEMBERSHIPS
WHEREAS, pursuant to the provisions of the Joint Powers Act, Articles 1 through 4 of
Chapter 5 of Division 7 of Title 1 (commencing with Section 6500) of the Govemment Code of
the State of California, the cities of Eureka, Lancaster and Selma entered into a joint exercise of
powers agreement (the "Agreement") for the creation of the Califomia Enterprise Development
Authority (the "Authority"); and
WHEREAS, pursuant to Section 2.10 of the Agreement, a local agency may be admitted
as an associate member of the Authority upon approval of the Board of Directors of the
Authority and the adoption by the legislative body ofthe local agency of a resolution approving
an Associate Membership Agreement; and
WHEREAS, the City of Carisbad (the "Public Entity") desires to join the Authority and
has adopted the authorizing resolution approving an Associate Membership Agreement (the
"Associate Membership Agreement"); and
WHEREAS, the Board of Directors desires to admit the Public Entity into the Authority
as an associate member.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY, AS FOLLOWS;
Section I. The Public Entity is hereby admitted as an associate member of the Authority.
Section 2. The Chair or the Vice Chair of the Board of Directors is hereby authorized to
execute the Associate Membership Agreement with the Public Entity. All actions heretofore
taken by the officers, or their respective designees, employees and agents of the Authority in
connection with the Authority's entry into the Associate Membership Agreement with the
County are hereby ratified and confirmed.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this 7'" day of April 2014.
CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY
Gurbax Sahota, Chair
ATTEST: