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HomeMy WebLinkAbout2013-12-03; City Council; Resolution 2013-283 (2)Exhibit A 1 RESOLUTION NO. 2013-284 3 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 10 11 12 13 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 16 17 18 19 20 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 23 24 25 26 2y pursuant to the Act; and 28 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 3 4 5 6 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 9 legislative body ofthe related city to participate in Figtree PACE; and 10 WHEREAS, the City of Carisbad (the "City") desires to participate with the County in 11 Figtree PACE, and provide for participation in Figtree PACE by property owners located within 12 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 16 17 18 19 20 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. 23 24 25 26 27 28 D 27 28 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 2 3 4 5 ^ provide significant public benefits, including without limitation, savings in effective 7 interest rates, bond preparation, bond underwriting and bond issuance costs and o reductions in effective user charges levied by water and electricity providers within 9 the boundaries ofthe City. 10 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. 14 15 16 17 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 21 adoption of this Resolution by this City Council constitutes the approval by the City 22 to participate in Figtree PACE. This City Council further authorizes CEDA to set the 23 terms of, and implement, Figtree PACE and take each and every action necessary or 24 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 ll 1 issuance of bonds, notes or other forms of indebtedness secured by such contractual ^ assessments as authorized by Chapter 29. 3 .. The City hereby appoints CEDA as its representative to (i) record the assessment 4 ^ 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 9 any claims, proceedings or legal actions as shall be necessary to collect past due 10 assessments on the properties within the District in accordance with the Law and 11 Section 6509.6 of the California Government Code. The City is not and will not be 12 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 16 Report" for Figtree PACE (the "Program Report") and associated documents, and 17 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. 21 22 23 24 25 26 27 28 22 23 24 25 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 2 3 4 5 ^ 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 9 alleged to arise as a result of CEDA or Figtree's performance or failure to perform 10 under this Agreement or the Program, except that arising from the sole negligence 11 or willful misconduct ofthe City. 12 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 16 designated by the City Manager from time to time, are hereby designated as the 17 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 27 28 i3 1 2 3 4 5 6 7 8 9 10 11 12 13 // 14 // 15 // 16 // 17 18 // 19 // 20 // 21 // 22 // 23 // 24 25 // 26 // 27 28 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. IH 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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