Resolution 15466CITY OF ALAMEDA RESOLUTION NO. 15466
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 Alameda (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, Inc.; BlueFiame PACE Services LLC; OnPACE Energy
Solutions, LLC; PACE Equity, LLC; Samas Capital LLC; Structured Finance Associates,
LLC; and Twain Community Partners II LLC; 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 by the City Council of the City of Alameda
as follows:
Section 1 . This City Council hereby finds and declares that the foregoing
recitals are true and correct.
Section 2. This 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: Assistant City Manager.
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. The City may withdraw from the Programs or any Program upon six
(6) months written notice to the Authority. The City may withdraw its consent and approval
for the conduct of special assessment proceedings by any specific program administrator
under a Program within the jurisdictional limits of the City upon thirty (30) days written
notice to the Authority without (a) liability to the Authority or any affiliated entity, and (b)
withdrawing its consent and approval for the conduct of special assessment proceedings
by any other program administrators under the other Programs. The City's withdrawal
from any Program shall not affect the validity of any voluntary assessment contract
entered into prior to the date of such withdrawal or entered into after the date of such
withdrawal so long as the application for such voluntary assessment contract was
submitted to and approved by the Authority prior to the date of the City's notice of
withdrawal.
Section 8. 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, Attn: Travis
Cooper.
*****
I, the undersigned, hereby certify that the foregoing Resolution was duly and
regularly adopted and passed by the Council of the City of Alameda in a regular meeting
assembled on the 18th day of December, 2018, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer-5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 19th day of December, 2018.
Approved as to Form:
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Michael H. Roush
Interim City Attorney
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Lara Weisiger, atlerk
City of Alameda