HomeMy WebLinkAboutResolution No. UB-11-2016RESOLUTION NO. UB -11-2016
A RESOLUTION OF THE UTILITY BOARD/CITY COUNCIL OF THE
CITY OF AZUSA CALIFORNIA, CONSENTING TO THE INCLUSION
OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE
CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE
PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT
PROCEEDINGS, AND LEVY CONTRACTUAL ASSESSMENTS WITHIN
THE TERRITORY OF THE CITY; AND, AUTHORIZING RELATED
ACTIONS
WHEREAS, the California Municipal Finance Authority (the "Authority") is a joint
exercise of powers authority, the members of which include numerous cities and counties in the
State of California, including the City of Azusa (the "City); and
WHEREAS, the Authority is implementing Property Assessed Clean Energy ("PACE")
programs, which it has designated CMFA Open PACE, consisting of CMFA Open PACE
programs each administered by a separate program administrator (collectively with any
successors, assigns, replacements or additions, the "Programs"), to allow the financing or
refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening
improvements, electric vehicle charging infrastructure and such other improvements,
infrastructure or other work as may be authorized by law from time -to -time (collectively, the
"Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division
7 of the Streets & Highways Code ("Chapter 29") within counties and cities throughout the State
of California that consent to the inclusion of properties within their respective territories in the
Programs and the issuance of bonds from time -to -time; and
WHEREAS, the program administrators currently active in administering Programs are
Energy Efficient Equity, B1ueFlame PACE Services and Structured Finance Associates, and the
Authority will notify the City in advance of any additions or changes; and
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions
only with the free and willing consent of the owner or owners of each lot or parcel on which an
assessment is levied at the time the assessment is levied; and
WHEREAS, the City desires to allow the owners of property ("Participating Property
Owners") within its territory to participate in the Programs and to allow the Authority to conduct
assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or
refinance Improvements; and
WHEREAS, the territory within which assessments may be levied for the Programs shall
include all of the territory within the City's official boundaries; and
WHEREAS, the Authority will conduct all assessment proceedings under Chapter. 29 for
the Programs and issue any bonds issued in connection with the Programs; and
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 Programs.
NOW, THEREFORE, BE IT RESOLVED that the Utility Board/City Council of the
City of Azusa does hereby finds, determines and declares as follows:
SECTION 1.
SECTION 1. The City Council hereby finds and declares that the foregoing recitals are
true and correct.
SECTION 2. The City Council hereby finds and declares that properties in the territory
of the city will benefit from the availability of the Programs within the territory of the city and,
pursuant thereto, the conduct of special assessment proceedings by the Authority pursuant to
Chapter 29, and the issuance of bonds to finance or refinance Improvements.
SECTION 3. In connection with the Programs, the City hereby consents to the conduct
of special assessment proceedings by the Authority pursuant to Chapter 29 on any property
within the territory of the city and the issuance of bonds to finance or refinance Improvements;
provided, that
1) The Participating Property Owners, who shall be the legal owners of
such property, execute a contract pursuant to Chapter 29 and comply
with other applicable provisions of California law in order to
accomplish the valid levy of assessments; and
2) 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 Programs.
SECTION 4. The appropriate officials and staff of the City are hereby authorized and
directed to make applications for the Programs available to all property owners who wish to
finance or refinance Improvements; provided, that the Authority shall be responsible for
providing such applications and related materials at its own expense. The following staff
persons, together with any other staff persons chosen by the Mayor or City Manager of the City
from time -to -time, are hereby designated as the contact persons for the Authority in connection
with the Programs: Paul Reid, Utility Programs Specialist.
SECTION 5. The appropriate officials and staff of the City are hereby authorized and
directed to execute and deliver such certificates, requisitions, agreements, and related documents
as are reasonably required by the Authority to implement the Programs.
SECTION 6. The City Council hereby finds that adoption of this Resolution is not a
`project' under the California Environmental Quality Act, 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)).
SECTION 7. 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 the
Financial Advisor of the Authority at: California Municipal Finance Authority, 2111 Palomar
Airport Road, Suite 320, Carlsbad, California 92011.
PASSED, APPROVED and ADOPTED this 26`h day of September 2016.
JoJo emero Rocha
Board Member/Mayor
ATTEST:
r n e Comejo,ir.
Secretar City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF AZUSA )
I HEREBY CERTIFY that the foregoing Resolution No.UB-11-2016 was duly adopted
by the Utility Board/City Council of the City of Azusa at a regular meeting thereof held on the
26th day of September 2016 by the following vote of Council:
AYES: BOARD/COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, ALVAREZ, ROCHA
NOES: BOARD/COUNCILMEMBERS: NONE
ABSENT: BOARD/COUNCILMEMBERS: NONE
APPROVED AS TO FORM:
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Best est & Krieger, LLP
City Attorney