HomeMy WebLinkAbout2015-06-09; City Council; Resolution 2015-142EXHIBIT I
1 RESOLUTION NO. 2015-142
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN
THE CITY'S JURISDICTION IN THE CALIFORNIA HOME FINANCE
4 AUTHORITY PROGRAM TO FINANCE RENEWABLE ENERGY
GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS
5 AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND
APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF
POWERS AUTHORITY RELATED THERETO.
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WHEREAS, the California Home Finance Authority (Authority) is a joint exercise of
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powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government
11 Code of the State of California (Section 6500 and following) (the Act) and the Joint Power
12 Agreement entered into on July 1,1993, as amended from time to time (Authority JPA); and
WHEREAS, the Authority is in the process of amending the Authority JPA to formally
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change its name to the Golden State Finance Authority; and
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WHEREAS, the Authority has established a property-assessed clean energy (PACE)
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Program (Authority PACE Program) to provide for the financing of renewable energy
18 generation, energy and water efficiency improvements and electric vehicle charging
19 infrastructure (improvements) pursuant to Chapter 29 of the Improvement Bond Act of 1911,
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being Division 7 ofthe California Streets and Highways Code (Chapter 29) within counties and
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cities throughout the State of California that elect to participate in such program; and
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WHEREAS, the City of Carlsbad is committed to development of renewable energy
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24 generation and energy and water efficiency improvements, reduction of greenhouse gases, and
25 protection ofthe environment; and
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1 WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist
property owners in financing the cost of installing improvements through a voluntary
contractual assessment program; and
WHEREAS, installation of such improvements by property owners within the
jurisdictional boundaries ofthe counties and cities that are participating in the Authority PACE
7 Program would promote the purposes cited above; and
8 WHEREAS, the city wishes to provide innovative solutions to its property owners to
achieve energy and water efficiency, and in doing so cooperate with the Authority in order to
efficiently and economically assist property owners within the city in financing such
improvements; and
WHEREAS, the Authority has established the Authority PACE Program, which is such a
14 voluntary contractual assessment program, as permitted by the Act, the Authority JPA,
15 originally made and entered into July 1, 1993, as amended to date, and the city, desires to
become an Associate Member of the JPA by execution of the JPA Agreement, a copy of which is
attached as Exhibit "A" hereto, to participate in the programs ofthe JPA and to assist property
owners within the jurisdiction of the city in financing the cost of installing improvements; and
WHEREAS, the city will not be responsible for the conduct of any assessment
21 proceedings; the levy and collection of assessments or any required remedial action in the case
^2 of delinquencies in the payment of any assessments or the issuance, sale or administration of
any bonds issued in connection with the Authority PACE Program.
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1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
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The City Council finds and declares that properties in the city's incorporated area
will be benefited by the availability of the Authority PACE Program to finance the
installation ofthe improvements.
y 3. The City Council consents to inclusion in the Authority PACE Program of all of the
properties in the jurisdictional boundaries of the city and to the improvements,
8 upon the request by and voluntary agreement of owners of such properties, in
compliance with the laws, rules and regulations applicable to such program; and to
9 the assumption of jurisdiction thereover by the Authority for the purposes thereof.
4. The consent ofthe City Council constitutes assent to the assumption of jurisdiction
by the Authority for all purposes of the Authority PACE Program and authorizes
the Authority, upon satisfaction of the conditions imposed in this resolution, to
12 take each and every step required for or suitable for financing the improvements,
including the levying, collecting and enforcement of the contractual assessments
13 to finance the improvements and the issuance and enforcement of bonds to
represent such contractual assessments.
5. The City Council hereby approves joining the JPA as an Associate Member and
authorizes the execution by appropriate city officials of any necessary documents
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17 6. City staff is authorized and directed to coordinate with the Authority staff to
facilitate operation ofthe Authority PACE Program within the city, and report back
periodically to the City Council on the success of such program.
This Resolution shall take effect immediately upon its adoption. The City Clerk is
directed to send a certified copy of this resolution to the Secretary of the
Authority.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 9**^ day of June, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
ATT H^LL, Mayor MA
ATTEST:
BARBARA ENGLESON,(^ity Clerk
(SEAL)