R10942City Council Meeting: March 1, 2016 Santa Monica, California
RESOLUTION NUMBER 10q (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 HOME FINANCE AUTHORITY PACE PROGRAM;
AUTHORIZING THE CALIFORNIA HOME 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 Home Finance Authority (the "CHFA 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 CHFA Authority has established its CHFA PACE Program ("the
CHFA PACE Program") facilitated through the Ygrene Energy Fund to allow the financing
or refinancing both residential and commercial renewable energy generation, energy and
water efficiency improvement, and seismic strengthening projects 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 respective territories in
the CHFA PACE Program and the issuance of bonds from time to time; and
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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 CHFA PACE Program and to allow the CHFA 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 CHFA Authority will conduct all assessment proceedings under
Chapter 29 for its CHFA PACE Program and issue any bonds issued in connection with
its CHFA 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 CHFA PACE Program
or its successor organization.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth hereinabove are true and correct in all
respects.
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SECTION 2. This City Council hereby finds and declares that properties in the
territory of the City will benefit from the availability of the CHFA PACE Program within the
territory of the City and, pursuant thereto, the conduct of special assessment proceedings
by the CHFA 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 CHFA PACE Program, and authorizes the CHFA Authority to accept
applications from property owners within the City for participation in the CHFA PACE
Program.
SECTION 4. The City hereby consents to the conduct of special assessment
proceedings by the CHFA Authority pursuant to Chapter 29 on any property within the
territory of the City and the issuance of bonds to finance or refinance 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 CHFA PACE
Program.
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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 CHFA Authority to implement the CHFA PACE
Program.
SECTION 6. The City Council hereby approves the joining of the Joint Powers
Authority with the California Home Finance 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:
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Adopted and approved this 1 st day of March, 2016.
1, Denise Anderson -Warren, City Clerk of the City of SbaJA Monica, do
hereby certify that the foregoing Resolution No. 10942 (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
ABSENT: Councilmember O'Connor
ATTEST:
Denise Anderson -Warren, City Clerk