HomeMy WebLinkAboutReso 2015-204 RESOLUTION NO. 201�-204
RESOLUTIOI�T OF THE C1T1' COUTCIL OF THE CITY OF
CHiJLA VISTA APPROVII�'G .ASSOCIATE A4E?�4BERSHIP BI'
THE CITY OF CHULA VISTA Ii�' THE CALIFORNIA
E1�TTERPRISE DEVELOPh4E\'T AUTHORITl' AI�'D
AUTHORIZII�TG AND DIRECTING THE EXECUTIOt�' OF
.AN ASSOCIATE MEMBERSHIP AGREEMENT
RELATII�'G TO .4SSOCIATE D4EA4BERSHIP OF THE
CIT1' N THE AUTHOWTY: CONSENTII�'G TO INCLUSION
OF PROPERTIES WITH[I�' T'HE I\CORPORATED AREA OF
THE CITI' IN THE SAN DIEGO COUI�'TY PROPERTl'
ASSESSED CLEAN ENERGY" (PACE) PROGRAI�4 TO
FINA\'CE DISTRIBUTED GE\ERATION RE\rEN'ABLE
ENERGY SOURCES AND E?�TERGl' .S\'D VdATER
EFFICIENCY IA4PROVEA4EI�'TS. APPROVI�'G THE REPORT
SETTII�'G FORTH THE PARAMETERS OF THE
REFERENCED PROGRAn4 AND CERTAIi�' M.ATTERS Ii�r
COI�TI�'ECTION THEREWITH. AI�'D APPROVII�'G .A\
INDEMI�TI7Y .AGREEMENT �1%ITH THE PROGRAn4
ADMIi�'ISTRATOR
�4'HEREAS. on June 6. 201�, the Cit�� Council appro��ed Guidelines for implementation
of the Propert�� Assessed Clean Enere�� (PACE) ProQram per Resolution No. 201�-11� and this
amendment follo«�s these Quidelines: and
W�IEREAS, the Cit�= of Chula Vista. California (the "Cim"); a municipal corporation,
duh� orsanized and e�istine under the Constitution and the la��=s of the State of Califomia: and
_ �4'HEREAS. the Cit}�. upon authorization of the Cit�� Council, ma�� pursuant to Chapter �
of Division 7 of Title 1 of the Go��emment Code of the State of Califomia, commencina �rith
Section 6�00 (the "JPA La���') enter into a joint e�ercise of po�ti�ers agreement with one or more
other public agencies pursuant to ��hich such contractine parties ma��jointh= esercise any po�ver
common to them: and �
11'HEREAS, the Cit�� and other public aeencies wish to jointh� participate in economic
de��elopment financins programs for the benefit of businesses and nonprofit entities ���ithin their
jurisdictions offered b�� membership in the CaliFornia Enterprise De��elopment Authoritv (the
"Authoritv') pursuant to an associate membership agreement and Joint Esercise of Po���ers
Agreement Relating to the Califomia Enterprise De��elopment Authority (the "Aereement"); and
WHEREAS, under the JPA Law and the Agreement. the Authorit�� is a public entitv
sepazate and apart from the parties to the Aereement and the debts, liabilities and oblieations of
the Authorim �vill not be the debts. liabilities or obliaations of the Cit�� or the other members of
the Authorit��: and
Resolution No. 2015-204
Paee No. 2
WHEREAS, the form of Associate Membership Agreement (the "Associate Membership
AgreemenY'), as shown i� Exhibit A. between the City and the Authority on file in the Office of
the Cit�� Clerk; and
WHEREAS. the City is N�lline to become an Associate Member of the Authorit}� subject to
the provisions of the Associate Membership Agreement; and
WHEREAS; CEDA has adopted the Pigtree Property Assessed Clean Energ}� (PACE) and
.lob Creation Program (the '7'rogram" 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 of the Streets &
HighN�ays Code ('`Chapter 29"), and the issuance of improvement bonds or other e��idences of
indebtedness (the "Bonds") under the Improvement Bond Act of 1915 (Streets and Hiehways
Code Sections 8500 et seq.) (the "1915 Act") upon the security of the unpaid contractual
assessments: and
VdHEREAS, Chapter 29 provides that assessments may be levied under its pro��isions only
with the free and willing consent of the 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 of the State of California (the "County'), has adopted Figtree
PACE pursuant to the Act; and
WHEREAS, the pazameters of Figtree PACE are set Fortl� in the Program Report and such
Report has been prepared pursuant to Section 5898.22 of the Act and appro��ed by the CEDA
Board of Directors: and
WHEREAS. the Cit}' Council of the City of Chula Vista (the "City Council") has reviewed
the Report; and
WHEREAS, the Act authorizes CEDA to enter into contractual assessments with property
owners located N�ithin incorporated cities in the County of San Diego upon the approval of the
leeislative bod�� of the related city to participate in Figtree PACE; and
WHEREAS; the City of Chula Vista (the "Ciry�') desires to participate with the Counh� in
Figtree PACE, and provide for participation in Figtree PACE by property owners located within
City limits; and
WHEREAS, pursuant to Chapter 29; the City authorizes CEDA to le��y assessments, pursue
remedies in the e��ent of delinquencies, and issue bonds or other forms of indebtedness to finance
the Improvements in connection ti�ith Figtree PACE; and
WHEREAS, to protect the City in connection with operation of the Figtree PACE, Figtree
Energy Financin�, the program administrator, has agreed to derend and indemnify the City; and
Resolution No. 201�-20�
Paee I�'o. 3
V�'HEREAS. the City w�ill not be responsible for the lev�� of assessments, anv required
remedial action in the case of delinquencies. the issuance, sale or administration of the bonds or
other indebtedness issued in connection with Fiatree PACE: and
V�'HEREAS, the Authorih� established the Figtree Propem Assessed Clean Energ�� and Job
Creation Proeram (the `Fi�ree PACE Pro�ram").
I�'OVJ. THEREFORE. BE IT RESOLVED that the Ciri� Council of the Cirv of Chula
Vista. herebv finds. determines and declares as follo��s:
Section l. The City Council hereby specificall�� finds and declares that the actions
authorized hereb�� constimte public affairs of the City. The City Council further finds
that the statements, findinos and determinations of the Citv set forth in the preambles
abo��e are true and correct.
Section 2. The Associate Membership Agreement presented to this meeting and on file
�ti�ith the Citv Clerk is hereb�� approved. The Ma��or of the Cit��; the Cim Manaeer. the
Cit�� Clerk and other officials of the Citv aze each hereb� authorized and directed. for and
on behalf of the City, to eaecute and deli��er the Associate Membership Aereement in
substantiall�� said form; N�ith such chan�es therein as such officer may require or approve.
such approval to be conclusi��el�� e��idenced b}� the execution and deli��en� thereof.
Section 3. The officers and officials of the Citv are hereb�� authorized and directed.
jointly and se��erally, to do an}� and all things and to esecute and deliver any and all
documents N�hich they ma}� deem necessar}� or ad��isable in order to consummate; cam�
out, give effect to and compl�� H�ith the terms and intent of this resolution and the
Associate Membership Agreement. All such actions heretoFore tal:en by such officers
and officials are hereby confirmed, ratified and appro��ed.
Section 4. Good Standine. The City is a municipal corporation in sood standine.
Section �. Public Benefits. On the date hereof. the Citv Council herebv finds and
determines that the Proeram and issuance of Bonds bv CEDA in connection with Fi�ree
PACE N�ill provide sienificant public benefits_ includine without limitation, sa��ines in
effective interest rates.�bond preparation, bond unden�Titing and bond issuance costs and
reductions in effecti��e user charees le��ied by w�ater and electricity pro��iders within the
boundaries of the City.
Section 6. Resolution of Intention. The Citv Council ratifies the resolution adopted
b�� the CEDA Board of Directors on October 1� . 201� declaring the Boazd's intention
to order the implementation of a contractual assessment program to finance
Improvements pursuant to the Act. To the maaimum extent alloti�ed by law,
Authorin� shall defend, indemnify, protect and hold harmless the Ciri�, its elected and
appointed officers, aeents and emplo}�ees. from and against any and all claims; demands,
causes of action; costs, espenses, (including reasonable attome��`s fees and acrual
costs), liabilin�, loss, damage or injun�, in law or equitv; to propertv or persons, includine
��TOngful death, in any manner arisine out of or incident to any alleged acts, omissions,
ne�ligence. or ��illful misconduct of Authority, its members, employees, officials,
Resolution No. 201�-204
Page No. 4
officers, agents, and convactors, arising out of or in connection with the Agreement or
this Associate Membership Agreement, or the Figtree PACE Program. This indemniry
provision does not include any daims, damages, liability, costs and expenses (including
without limitations, attorneys fees) arising from the sole negligence, active negligence or
willful misconduct of the Ciry, its officers, employees. Also covered is liability arising
from, connected with, caused by or daimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or employees which may be in
combination with the active or passive negligent acts or omissions of the Authority, its
members, employees; aeents or officers, or any third party.
Section 7. Boundaries. 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 of the energy and water efficiency measures set forth in the
Report upon the request and agreement of the affected property o�mec and the
assumption of jurisdiction thereof by CEDA for the aforesaid purposes. The adoption of
this Resolution by this City Council constitutes the approva] 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 desirable for
financing the Improvements, including the levying, collecting and enforcement of the
contractual assessments to finance the Improvements and the issuance of bonds; notes or
other forms of indebtedness secured by such contractual assessments as authorized by
Chapter 29. The Authority agrees to comply with all state and local laws, and the City's
PACE Guidelines, in its implementation and provision of the Figtree PACE Program in
the City.
Section 8. Appointment of CEDA. The City of Chula Vista hereby appoints CEDA
as its representative to (i) record the assessment against the Participating Parcels, (ii)
administer the District in accordance with the ]mprovement Act of 1915 (Chapter 29 Part
1 of Division 10 of the California Streets and Highways Code (commencing with Section
8500 et seq.) (the "Law"), (iii) prepare program guidelines for the operations of the
Program and (iv) proceed with any claims; proceedings or legal actions as shal] be
necessary to collect past due assessments on the properties within the District in
accordance with the Law and Section 6509.6 of the Califomia Govemment Code. The
City is not and will not be deemed to be an agent of Figtree or CEDA as a result of this
Resolution. No suit or arbitration shall be brought arising out oFthis Agreement, against
City unless a claim has first been presented in writing and filed with City and acted upon
by City in accordance with the procedures set forth in Chapter 134 of the Chula Vista
Municipal Code, as same may from time to time be amended, the provisions of which are
incorporated by this reference as if fully set forth herein, and such policies and
procedures used by Ciry in the implementation o1' same. Upon request by City, the
Authority shall meet and confer in good faith with City for the purpose of resolving any
dispute over the terms of this Agreement.
Section 9. Program Report. 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 Report ' for Figtree PACE (the "Program Report ') and associated
documents. and CEDA will undertake assessment proceedin�s and the financing of
Improvements as set forth in the Pro�ram Report.
Resolution?�o. Z01�-204
Pase Ivo. �
Section 10. Foreclosure. The Citv Council hereb}� acl:noH�ledaes that the Law permits
foredosure in the event that there is a default in the pa��ment of assessments due on a
propem. The Cit�� Council hereb�= designates CEDA as its representative to proceed ti�ith
collection and foreclosure of the liens on the defaulting properties ���ithin the District.
includine accelerated foreclosure pursuant to the Program Report.
Section 11. Indemnification. The Cin Council acl:noHledees that Fietree has
pro�ided the Citv ���ith an indemnification agreement, as sho�ti�n in Eahibit B on file in the
Office of the Cin� Clerk; for neslieence or malfeasance of an�� tvpe as a result of the acts
or omissions of Figtree: its officers; employees. subcontractors and agents. The Cin�
Council hereb}� authorizes the appropriate officials and staff of the Cit�� to execute and
deliver the Indemnification Aareement to Fistree.
Section 12. Cit� Contact Desisnation. The appropriate officials and staff of the Citv
of Chula Vista are hereb�� authorized and directed to mal:e applications for Fi`tree PACE
available to all propert}� o«ners ��-ho �i�ish to finance Impro��ements. The folloH�ine staff
persons, together N�ith an}� other staff desienated b�� the Citv A4anaser from time to time, are
hereb�� designated as the contact persons for CEDA in connection ti�ith Figtree PACE:
Director of Public 1\'orks. The Citv Clerk is directed to provide a certified cop�� of this
Resolution to Fietree Enere�� Financine.
Section li. CEQA. The Cim Council hereb� finds that adoption of this Resolution is
not a "projecr' under the California Em-ironmental Quality Act (`CEQA"), because the
Resolution does not invol��e any commitment to a specific project which ma}� result in a
potentially si�nificant ph��sical impact on the environment, as contemplated by Title 1�,
Califomia Code of Reeulations_ Section 1>378(b )( 4).
Section 14. Effecti��e Date. This Resolution shall tal:e effect immediateh� upon its
adoption. The Citv Clerk is herebv authorized and directed to transmit a certified copy of
this resolution to Fi�tree Enerev Financine.
Section 1�. Costs. Services related to the fortnation and administration of the
assessment district ���ill be provided by CEDA at no cost to the City.
Presented bv Appro��ed as to form b��
_ —/ �/ .
Ric azd A.�Hop � ` Cr en R. Go �ins �
Director of Public li'orks Citv Attorneti�
���
Resolution No. 201�-204
Pa�e No. 6
PASSED; APPROVED; and ADOPT�D by the City Council of the City of Chula Vista.
California, this ]8th da�� of August 2015 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan, McCann; Miesen and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mar}� S as, Mayor
ATTEST:
�
Donna R. Norris. C. Citv Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
]. Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoine
Resolution No. 201�-204 was duly passed, approved. and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 18th da�� of August 201�.
Executed this 18th da�� of August 20]�.
�� �.� °
Donna R. Norris. C C. Cit�� Clerk