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R10941Council Meeting: March 1, 2016 Santa Monica, California RESOLUTION NUMBER 10J11 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY PACE PROGRAM; AUTHORIZING THE CALIFORNIA ENTERPRISE DEVELOPMENT 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 Enterprise Development Authority (the "CEDA Authority"), a joint exercise of powers authority, has established the Communities Facilities District No. 2014-1 ("Clean Energy") in accordance with the Mello -Roos Community Facilities Act, set forth in California Government Code Sections 53311 through 53368.3, and particularly in accordance with Sections 53313.5(1) and 53328.1(a)(the "District"); and WHEREAS, the CEDA Authority has established its CEDA PACE Program ("the CEDA PACE Program") through Figtree Financing ("Figtree") to allow the financing or refinancing the acquisition, installation, and improvement of energy efficiency and renewable energy generation projects for both residential and commercial properties or other work as may be authorized by law from time to time (collectively, the "Authorized 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 1 respective territories in the CERA PACE Program and the issuance of bonds from time to time; 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 City approved PACE Programs, including the CEDA PACE Program and to allow the CEDA Authority to conduct assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or refinance Authorized Improvements; and WHEREAS, the territory within which assessments may be levied for the City approved PACE Programs shall include all of the territory within the City's official boundaries; and WHEREAS, the CEDA Authority will conduct all assessment proceedings under Chapter 29 for its CEDA PACE Program and issue any bonds issued in connection with its CEDA PACE Program; 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 CEDA PACE Program or its successor organization. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: 2 SECTION 1. The recitals set forth hereinabove are true and correct in all respects. SECTION 2. This City Council hereby finds and declares that properties in the territory of the City will benefit from the availability of the CEDA PACE Program within the territory of the City and, pursuant thereto, the conduct of special assessment proceedings by the CEDA Authority pursuant to Chapter 29 and the issuance of bonds to finance or refinance Improvements. SECTION 3. The City consents to the inclusion of properties within the territory of the City in the CEDA PACE Program, and authorizes the CEDA Authority to accept applications from property owners within the City for participation in the CEDA PACE Program. SECTION 4. The City hereby consents to the conduct of special assessment proceedings by the CEDA Authority pursuant to Chapter 29 on any property within the territory of the City and the issuance of bonds to finance or refinance Authorized Improvements in accordance with applicable laws, rules and regulations; 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 CEDA PACE Program. 3 SECTION 5. The City Manager or his designee is authorized to execute and deliver any certificates, requisitions, agreements and related documents as are reasonably required by the City for the CEDA Authority to implement the CEDA PACE Program. SECTION 6. The City Council hereby approves the joining of the Joint Powers Authority with the California Enterprise Development Authority as an Associate Member and authorizes the execution by the City Manager of any necessary documents to effectuate such membership. 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 Secretary of the California Home Finance Authority. APPROVED AS TO FORM: 121 Adopted and approved this 111t day of March, 2016. I, Denise Anderson -Warren, - City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10941 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 1st day of March, 2016, by the following vote: AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown, Mayor Pro Tem Winterer, Mayor Vazquez NOES: None ASSENT: Councilmember O'Connor ATTEST.- Denise TTEST: Denise Anderson -Warren, City Clerk