HomeMy WebLinkAbout2016-38 -Authorizing the City’s Consent to the Inclusion of Properties within the City’s Jurisdiction in the CMFA Pace Program; Authorizing the California Municipal Finance Authority to Accept Applications from Property Owners, Conduct ContractuRESOLUTION NO. 2016-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH, CALIFORNIA, AUTHORIZING THE CITY'S CONSENT TO THE
INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION 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 CITY
WHEREAS, the California Municipal Finance Authority ("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 Newport Beach ("City);
WHEREAS, the Authority has established its CMFA PACE Program ("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;
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;
WHEREAS, the territory within which assessments may be levied for the
Program shall include all of the territory within the City's official boundaries;
WHEREAS, the Authority will conduct all assessment proceedings under
Chapter 29 for the Program and issue any bonds 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. 2016-38
Page 2 of 3
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Newport Beach as follows:
Section 1: The City Council finds and declares that the foregoing recitals are
true and correct.
Section 2: The City Council 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:
(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 execute and deliver such certificates, requisitions, agreements and
related documents as are reasonably required by the Authority to implement the
Program.
Section 5: The City Council finds the adoption of this resolution is not subject
to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2)
(the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential for resulting in physical change to the environment, directly
or indirectly. Alternatively, the City Council finds the adoption of this resolution is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for
causing a significant effect on the environment.
Resolution No. 2016-38
Page 3 of 3
Section 6: If any section, subsection, sentence, clause or phrase of this
resolution is, for any reason, held to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of the remaining portions of this resolution. The
City Council hereby declares that it would have passed this resolution, and each
section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid
or unconstitutional.
Section 7: This resolution shall take effect immediately upon its adoption by
the City Council and the City Clerk shall certify the vote adopting this resolution. 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.
ADOPTED this 8 day of March, 2016.
lane B. Dixon
Mayor
ATTEST:
Leilani I. Brown
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2016-38 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 8th day of March, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Duffield, Council Member Selich,
Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 8th day of March, 2016.
Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)