Res 15-042RESOLUTION NO. 15 -042
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY
CALIFORNIA CONSENTING TO THE INCLUSION OF PROPERTIES
WITHIN THE TERRITORY OF THE CITY IN THE CMFA PACE PROGRAM;
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 Poway (the "City); and
WHEREAS, the Authority has established its CMFA PACE Program (the
"Program ") 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 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 the Program 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 Program
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 Program and issue any bonds issued in connection with the 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 Program.
Resolution No. 15 -042
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
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 Program 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 Program, 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 Program.
Section 4. The appropriate officials and staff of the City are hereby authorized
and directed to make applications for the Program 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 Program: the Director of Public Works.
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 Program.
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. 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
Resolution No. 15 -042
Page 3
to the Financial of the Authority at: California Municipal Finance Authority, 2111 Palomar
Airport Road, Suite 320, Carlsbad, California 92011, Attn: Anthony Stubbs.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 20th day of October 2015.
eve Vaus, Mayor
ATTEST:
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Sheila . Cobain, CMC, City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 15 -042 was duly adopted by the City
Council at a meeting of said City Council held on the 20th day of October 2015, and that
it was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
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Sheila R. Cobian, CMC, City Clerk
City of Poway