HomeMy WebLinkAboutReso 81-2018 (18-60)City of South San Francisco
P.O. Box 711 (City Hall,
400 Grand Avenue)
South San Francisco, CA
City Council
Resolution: RES 81 -2018
File Number: 18 -60 Enactment Number: RES 81 -2018
RESOLUTION APPROVING THE INCLUSION OF PROPERTIES IN
THE CITY OF SOUTH SAN FRANCISCO IN THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY OPEN PROPERTY ASSESSED
CLEAN ENERGY PROGRAMS; AUTHORIZING THE CALIFORNIA
MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS
FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL
ASSESSMENT PROCEEDINGS, AND LEVY CONTRACTUAL
ASSESSMENTS WITHIN THE CITY OF SOUTH SAN FRANCISCO;
AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS AND TAKE ANY ACTIONS NECESSARY AND
APPROPRIATE TO CARRY OUT THE INTENT OF THIS
RESOLUTION.
WHEREAS, the California Municipal Finance Authority (CMFA) 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 South San Francisco ( "City "); and
WHEREAS, the CMFA implements Property Assessed Clean Energy (PACE) programs, which are
administered by a separate program administrator (collectively with any successors, assigns,
replacements or additions, the "Programs "); and
WHEREAS, the Open PACE Programs allow the financing or refinancing of renewable energy, energy
efficiency, water efficiency, 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 "); and
WHEREAS, the financing or refinancing is providing through the levy of contractual assessments
pursuant to Chapter 29 of Division 7 of the Streets & Highways Code (Chapter 29) within jurisdictions
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 Open PACE Programs are:
Energy Efficient Equity, Inc.; B1ueFlame PACE Services LLC; OnPACE Energy Solutions, LLC; Petros
PACE Administrator, LLC; Structured Finance Associates, LLC; and Twain Community Partners II
LLC; and the CMFA will notify the City in advance of any additions or changes; and
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File Number. 18 -60 Enactment Number. RES 81 -2018
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) in its
territory to participate in the Programs and to allow the CMFA 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 CMFA 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 South San Francisco 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 CMFA 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 CMFA 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.
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File Number: 18 -60
Enactment Number. RES 81 -2018
Section 4. The City Manager or his designee is 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 CMFA shall be responsible for providing such applications and related materials at its own
expense.
Section 5. The City Manager is hereby authorized and directed to execute and deliver such certificates,
requisitions, agreements and related documents as are reasonably required by the CMFA 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 CMFA. 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 CMFA without (a) liability to the CMFA 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 CMFA 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 CMFA at: California Municipal Finance Authority, 2111 Palomar Airport
Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper.
At a meeting of the City Council on 5/23/2018, a motion was made by Richard Garbarino, seconded by
Pradeep Gupta, that this Resolution be approved. The motion passed.
Yes: 4 Mayor Pro Tem Matsumoto, Councilmember Garbarino, Councilmember Gupta,
and Councilmember Addiego
Absent: 1 Mayor Normandy
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File Number: 18 -60
Attest by
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Enactment Number: RES 81 -2018