HomeMy WebLinkAboutCC Reso 2017-27 RESOLUTION NO. 2017- 27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY, CALIFORNIA CONSENTING TO INCLUSION OF PROPERTIES
WITHIN THE CITY'S JURISDICTION IN THE GOLDEN STATE FINANCE
AUTHORITY COMMUNITY FACILITIES DISTRICT TO FINANCE
RENEWABLE.ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND
WATER CONSERVATION IMPROVEMENTS, SEISMIC IMPROVEMENTS,
AND ELECTRIC VEHICLE CHARGING INFRASTRUCTURE AND
APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF
POWERS AUTHORITY RELATED THERETO
WHEREAS, the Golden State Finance Authority is a joint powers authority, (the
"Authority") established pursuant to Chapter 5 of Division 7, Title 1, of the Government
Code of the State of California (Section 6500 and following) and the Joint Powers
Agreement entered into on July 1, 1993, as amended to date (the "Authority JPA"); a copy
of the Authority JPA (without the signature pages) is attached hereto as Exhibit A; and
WHEREAS, the Authority has amended the Authority JPA to formally change its
name from California Home Finance Authority to Golden State Finance Authority; and
WHEREAS, the Authority has established a Community Facilities District, CHFA
No. 2014-1 (Clean Energy) (the "Authority CFD Program") in accordance with the Mello-
Roos Community Facilities Act, set forth in sections 53311 through 53368.3 of the
California Government Code (the "Act") and particularly in accordance with sections
53313.5(1) and 53328.1(a) (the "District"); and
WHEREAS, the purpose of the Authority CFD Program is to finance or refinance
(including the payment of interest)the acquisition, installation, and improvement of energy
efficiency, water conservation, seismic improvements, renewable energy and electric
vehicle charging infrastructure improvements permanently affixed to private or publicly-
owned real property (the "Authorized Improvements"); and
WHEREAS, the City of Cathedral City (the "City") is a member of the Coachella
Valley Association of Governments ("CVAG"), also a joint powers authority; and
WHEREAS, the City and other CVAG member jurisdictions have previously
entered into an Implementation Agreement authorizing CVAG to implement, manage and
administer Regional PACE Programs (as defined in said Implementation Agreement)
within the jurisdictional boundaries of the CVAG member jurisdictions; and
WHEREAS, CVAG proposes to enter into one or more Administration Agreements
with program administrators currently active in the Authority CFD Program to provide the
Regional PACE Programs to CVAG member agencies, whereby portions of the
administration of the Authority CFD Program in Eastern Riverside County shall be
delegated to CVAG (the "Administration Agreements"); and
WHEREAS, the City is committed to development of renewable energy generation
and energy efficiency improvements, reduction of greenhouse gases, and protection of
the environment; and
WHEREAS, in the Act, the Legislature has authorized a parcel within the territory
of the District to annex to the District and be subject to the special tax levy of the District
only (i) if the city or county within which the parcel is located has consented, by the
adoption of a resolution by the applicable city council or county board of supervisors, to
the inclusion of parcels within its boundaries in the District and (ii) with the unanimous
written approval of the owner or owners of the parcel when it is annexed (the "Unanimous
Approval Agreement"), which, as provided in section 53329.6 of the Act, shall constitute
the election required by the California Constitution; and
WHEREAS, the City has determined that it is in the public interest and for the
public benefit that the City become a Member of the Authority so that property owners
within the City's territory may participate in any Regional PACE Programs implemented
by CVAG pursuant to any Administration Agreements by and between CVAG and
Authority program administrators; and
WHEREAS, the Authority has established the District, as permitted by the Act and
the Authority JPA, and the City, desires to become an Associate Member of the Authority
JPA by acknowledgement of the Authority JPA Agreement, to participate in any of the
Regional PACE Programs for which CVAG has entered into an Administration Agreement
with an Authority CFD Program administrator, and to assist property owners within the
incorporated area of the City to participate in such Regional PACE Programs; and
WHEREAS, the City will not be responsible for the conduct of any special tax
proceedings, the levy and collection of special taxes, or any required remedial action in
the case of delinquencies in the payment of any special taxes in connection with the
District.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This City Council finds and declares that properties in the City's
incorporated area will be benefited by the availability of the Authority CFD Program to
finance the installation of the Authorized Improvements.
2. In connection with the Regional PACE Programs, and subject to the terms
of the Administration Agreements, this City,Council consents to inclusion in the Authority
CFD,Program of all of the properties in the incorporated area within the City and to the
Authorized Improvements, upon the request of and execution of the Unanimous Approval
Agreement by the owners of such properties when such properties are annexed, in
compliance with the laws, rules and regulations applicable to such program; and to the
assumption of jurisdiction thereover by Authority for the purposes thereof.
3. Consistent with the recitals above, and subject to the terms of the
Administration Agreements, the consent of this City Council constitutes assent to the
assumption of jurisdiction by Authority for said purposes and authorizes Authority, upon
satisfaction of the conditions imposed in this resolution, to take each and every step
required for or suitable for financing the Authorized Improvements; provided, however,
that the City will not be responsible for the conduct of any assessment or special tax
proceedings; the levy of assessments or special taxes; any required remedial action in
the case of delinquencies in such assessment or special tax payments; or the issuance,
sale, administration, repayment or guarantee of any bonds or other debt issued in
connection with the Authority CFD Program.
4. This City Council hereby approves joining the JPA as an Associate Member
and authorizes the execution by appropriate City officials of any necessary documents to
effectuate such membership and implementation of the Authority CFD Program,
including, but not limited to the JPA Addendum attached hereto as Exhibit B and
incorporated herein by reference.
5. City staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the Authority CFD Program within the City consistent with the terms
of any Administration Agreements by and between CVAG and an Authority CFD Program
administrator, and report back periodically to this City Council on the success of such
program.
6. This Resolution shall take effect once it is adopted only for an Authority CFD
Program administrator who has entered into an Administration Agreement with CVAG
and provides the City a fully executed copy of such agreement. The City Clerk is directed
to send a certified copy of this resolution to the Secretary of the Authority.
PASSED, APPROVED, and ADOPTED at a regular meeting of the City Council for the
City of Cathedral City held on this 14th day of June, 2017, by the following vote:
Ayes: Councilmembers Aguilar, Carnevale and Kaplan; Mayor
Pro Tem Pettis andMayor Henry
Noes: None
Absent: None
Abstain: None
Stanley E. Henry, May.--
Cathedral City
ATTEST.
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City Clerk
APPROVED AS TO FORM:
City Attorney
Exhibit A
JPA Addendum
GOLDEN STATE FINANCE AUTHORITY
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT
(Original date July 1, 1993 and as last amended and restated May 5, 2015)
SIGNATURE PAGE WITH ASSOCIATE MEMBERSHIP TERMS AND CONDITIONS
FOR CITY OF CATHEDRAL CITY ("JPA Addendum")
The City of Cathedral City ("City") hereby agrees to become an Associate Member of the
Authority expressly subject to the following:
1. The City joins the Authority as an Associate Member solely for the purpose of enabling
the Authority to make its property-assessed clean energy (PACE) Programs (the
"Authority PACE Programs")1 available to properties within the jurisdictional boundaries
of the City, as further set forth in Resolution Nos. 2017-27 and 2017-28 adopted by the
City Council of the City on June 14, 2017 ("Resolutions").
2. Notwithstanding Section 4(d) of the Amended and Restated Joint Exercise of Powers
Agreement entered into on July 1, 1993, as amended to date ("Agreement"), no terms
and conditions established by the Board, and not contained in the Agreement as of the
date of City's execution of this JPA Addendum, shall be binding on the City unless and
until approved, in writing, by the City Manager of the City ("City Manager"). Further,
notwithstanding Section 19 of the Agreement, no amendment to the Agreement which
impacts the City, as an Associate Member, shall be binding on the City unless approved
in writing by the City Manager.
3. For clarification, and pursuant to Section 6(g) of the Agreement, any Bonds, together
with any interest and premiums thereon, shall not constitute debts, liabilities or
.
Obligations of the City.
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4. The Agreement shall not be exclusive, and the City expressly reserves its rights to
carry out other public capital improvements and programs as provided for by law and to
issue other obligations for those purposes.
5. • The right of the City to withdraw from the Authority, withdrawal shall become
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effective thirty (30) days after a resolution adopted by the City Council of the City is
received by the Authority, except that the City Manager may terminate the Authority's
rights and authorizations as set forth in the Resolutions.
1 The Authority PACE Programs are(i)a financing program authorized under Chapter 29 of the Improvement Bond
Act of 1911, being Division 7 of the California Streets and Highways Code;and(ii)a financing program authorized
under the Mello-Roos Community Facilities Act,set forth in sections 53311 through 53368.3 of the California
Government Code,and particularly in accordance with Sections 53313.5(l)and 53328.1(a).
6. Section 4(d) of the Agreement authorizes the Board to add an Associate Member by
an affirmative vote of the Board with such rights, privileges, and responsibilities
established from time to time by the Board. Accordingly, through the affirmative vote of
the Board to add City as an Associate Member, the Authority hereby agrees to such the
terms and conditions contained in this JPA Addendum and the Resolutions; provided, no
future change to the Agreement shall be effective without compliance with paragraph 2
of this Addendum.
7. By its signature below, the Authority agrees to be bound by this JPA Addendum,
and it further agrees that the Authority shall not challenge, in a court of law or otherwise,
the validity, legality, and enforceability of this JPA Addendum.
[Signatures on following page]