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HomeMy WebLinkAbout2013-12-03; City Council; Resolution 2013-284Exhibit^ 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 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 23 24 25 26 27 28 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 2 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 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 9 10 11 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 to finance the Improvements in connection with Figtree PACE; and 17 WHEREAS, to protect the City in connection with operation ofthe Figtree PACE, Figtree 18 Energy Financing, the program administrator, has agreed to defend and indemnify the City; and 19 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 2 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 8 9 10 11 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 21 22 23 24 25 desirable for financing the Improvements, including the levying, collecting and 26 enforcement of the contractual assessments to finance the Improvements and the 27 28 14 15 16 17 18 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 21 22 23 24 25 26 27 28 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 2 3 4 5 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 9 10 11 12 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 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. 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 2 3 4 5 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 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 of the City. 12 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 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, 18 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 22 23 24 25 25 Report to implement Figtree PACE for Participating Property Owners 27 28 i3 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 2 3 4 5 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 9 10 11 j2 vvill be provided by CEDA at no cost to the City. 13 // 14 // II 16 // 17 ,8 " 19 // 20 // 21 // 22 // 23 // 24 25 // 26 // 27 28 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 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: