HomeMy WebLinkAboutReso 2017-150RESOLUTION NO. 2017-150
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CONSENTING TO THE INCLUSION OF
PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY (CMFA)
PROPERTY ASSESSED CLEAN ENERGY (PACE)
PROGRAM; APPROVING THE CMFA JOINT EXERCISE OF
POWERS AGREEMENT AND THE CITY'S MEMBERSHIP IN
THE CMFA; AND APPROVING PARTICIPATION
AGREMENTS WITH CMFA AND ITS ADMINISTRATORS:
ENERGY EFFICIENT EQUITY, INC., BLUEFLAME PACE
SERVICES, LLC., AND ONPACE ENERGY SOLUTIONS,
LLC.
WHEREAS, the City of Chula Vista has been pursuing the establishment of Property
Assessed Clean Energy (PACE) programs, which allow property -owners to finance energy and
water saving improvements through a voluntary tax assessment on their property; and
WHEREAS, Chula Vista property owners can currently choose between four different
PACE Program providers; and
WHEREAS, California Municipal Financing Authority (CMFA), a PACE provider, has
requested that Chula Vista become a member of the CMFA and allow the CMFA PACE program
to operate in Chula Vista; and
WHEREAS, participation in the CMFA program allows the City to expand PACE
options for residents and businesses, encourages competition, and does not require significant
staff time to administer the program; and
WHEREAS, CMFA is a joint exercise of powers authority, formed in accordance with
the Joint Exercise of Powers Act (California Government Code Title 1, Division 7, Chapter 5)
and, in order to allow the City's property owners to participate in the CMFA PACE program, the
City must approve the CMFA Joint Exercise of Powers Agreement and become a member of the
CMFA; and
WHEREAS; the CMFA utilizes the following entities to assist in administering its PACE
Program: Energy Efficient Equity, Inc.. Blueflame Pace Services. LLC., and OnPace Energy
Solutions. LLC. (the "Administrators"); and
WHEREAS; the CMFA and its Administrators have executed agreements whereby they
commit to. among other things. comply with the City's PACE Program Guidelines. defend and
indemnify the City, and comply with the City's insurance requirements, with respect to
participation in the CMFA PACE Program; and
Resolution No. 2017-150
Page No. 2
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy of assessments; any required remedial action in the case of delinquencies
in such assessment payments, or the issuance, sale, administration repayment or guarantee of any
bonds issued in connection with the Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it consents to the inclusion of properties within the City in the California Municipal
Finance Authority Property Assessed Clean Energy (PACE) program.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the City's membership in the California Municipal Finance Authority and, accordingly,
approves the Joint Exercise of Powers Agreement Relating to the California Municipal Finance
Authority, in substantially the form presented, and authorizes and directs the Mayor to execute
that agreement.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the Participation Agreements between the City, CMFA and each of the following
Administrators: Energy Efficient Equity, Inc., Blueflame Pace Services, LLC., and OnPace
Energy Solutions, LLC., in substantially the form presented for each, and authorizes and directs
the Mayor to execute each Participation Agreement.
Presented by
l
2 Z� -, �
ric C. Crockett
Director of Economic Development
Approved as to form by
k
qlen R. oogins
City Amo ey
Resolution No. 2017-150
Page No. 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 8th day of August 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
I
i
Mary igas, Mayor
ATTEST:
Kerry K. gelow, MC, Acting City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Kerry K. Bigelow, Acting City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2017-150 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 8th day of August 2017.
Executed this 8th day of August 2017.
Kerry K. Qelow, AMC, Acting City Clerk