HomeMy WebLinkAbout2016-06-14; City Council; Resolution 2016-106EXHIBIT 1
1 RESOLUTION NO. 2016-106
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA,CONSENTING TO THE INCLUSION OF PROPERTIES
WITHIN THE CITY TO PARTICIPATE IN THE CALIFORNIA MUNICIPAL
4 FINANCE AUTHORITY PROPERTY ASSESSED CLEAN ENERGY
PROGRAM; AUTHORIZING CMFA TO ACCEPT APPLICATIONS FROM
5 PROPERTY OWNERS,CONDUCT CONTRACTUAL ASSESSMENT
6 PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN
THE CITY; AND AUTHORIZING RELATED ACTIONS
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8 WHEREAS,the California Municipal Finance Authority (Authority)is a joint exercise of
9 powers authority, the members of which include numerous cities and counties in the State of
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California, including the City of Carlsbad (city); and
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WHEREAS,the Authority has established its CMFA PACE Program (Program) to allow the
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13 financing or refinancing of renewable energy, energy efficiency, water efficiency and seismic
14 strengthening improvements,electric vehicle charging infrastructure and such other
15 improvements,infrastructure or other work as may be authorized by law from time to time
16 (Improvements) through the levy of contractual assessments pursuant to Chapter 29 of Division
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7 of the Streets & Highways Code (Chapter 29) within counties and cities throughout the State of
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California that consent to the inclusion of properties within their respective territories in the
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20 Program and the issuance of bonds from time to time; and
21 WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only
22 with the free and willing consent of the owner or owners of each lot or parcel on which an
23 assessment is levied at the time the assessment is levied; and
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WHEREAS,the city desires to allow the owners of property (Participating Property
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26 Owners) within its territory to participate in the Program and to allow the Authority to conduct
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1 assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or
2 refinance Improvements; and
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WHEREAS,the territory within which assessments may be levied for the Program shall
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include all of the territory within the city's official boundaries; and
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6 WHEREAS,the Authority will conduct all assessment proceedings under Chapter 29 for
7 the Program and issue any bonds issued in connection with the Program; and
8 WHEREAS,the city will not be responsible for the conduct of any assessment proceedings;
9 the levy of assessments;any required remedial action in the case of delinquencies in such
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assessment payments;or the issuance,sale,administration repayment or guarantee of any
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bonds issued in connection with the Program.
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13 NOW, THEREFORE,BE IT RESOLVED by the City Council of the City of Carlsbad, California
14 as follows:
15 1.That the above recitations are true and correct.
16 2.This City Council hereby finds and declares that the foregoing recitals are true and
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correct.
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3.This City Council hereby finds and declares that properties in the territory of the city
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20 will benefit from the availability of the Program within the territory of the city and,
21 pursuant thereto, the conduct of special assessment proceedings by the Authority
22 pursuant to Chapter 29 and the issuance of bonds to finance or refinance
23 Improvements.
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4.In connection with the Program, the city hereby consents to the conduct of special
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26 assessment proceedings by the Authority pursuant to Chapter 29 on any property
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1 within the territory of the city and the issuance of bonds to finance or refinance
2 Improvements; provided, that
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a.The Participating Property Owners,who shall be the legal owners of such
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property,execute a contract pursuant to Chapter 29 and comply with other
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6 applicable provisions of California law in order to accomplish the valid levy of
7 assessments; and
8 b.The city will not be responsible for the conduct of any assessment proceedings;
9 the levy of assessments;any required remedial action in the case of
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delinquencies in such assessment payments;or the issuance,sale,
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administration, repayment or guarantee of any bonds issued in connection with
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13 the Program.
14 c.The City Council hereby finds that adoption of this Resolution is not a project
15 under the California Environmental Quality Act, because the Resolution does not
16 involve any commitment to a specific project which may result in a potentially
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significant physical impact on the environment,as contemplated by Title 14,
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California Code of Regulations, Section 15378(b)(4).
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20 d.This Resolution shall take effect immediately upon its adoption. The City Clerk is
21 hereby authorized and directed to transmit a certified copy of this Resolution to
22 the Financial Advisor of the Authority at:California Municipal Finance Authority,
23 2111 Palomar Airport Road, Suite 320, Carlsbad, California 92011, Attn: Anthony
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Stubbs.
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1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
2 Carlsbad on the 14th day of June, 2016, by the following vote to wit:
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AYES:Hall,Wood,Schumacher,Blackburn,Packard.
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6 NOES:None.
7 ABSENT:None.
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9 tedia'10 Mat Hall, Mayor
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BARBARA ENGLESON, City atkek'
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