CC RESOLUTION 4837 RESOLUTION NO. 4837
RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A JOINT POWERS AGREEMENT WITH THE
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
("AUTHORITY") TO PARTICIPATE IN THE FIGTREE ENERGY
FINANCING PROGRAM ("PROGRAM"); AUTHORIZING THE
AUTHORITY TO TAKE ACTION FOR INCLUDING PROPERTY
WITHIN THE CITY'S JURISDICTION IN THE PROGRAM; AND
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE SUCH DOCUMENTS NEEDED TO IMPLEMENT THIS
RESOLUTION.
The City Council does resolve as follows:
SECTION 1: Recitals. The City Council finds as follows:
A. The California Enterprise Development Authority ("Authority") is a
joint powers authority established pursuant to Chapter 5 of Division
7, Title 1 of the Government Code of the State of California
(Section 6500 and following) (the "Act") and the Joint Power
Agreement (the "Authority JPA");
B. Authority participates in the Figtree Energy Financing Program
("Program") to provide for the financing of renewable energy
distributed generation sources, energy and water efficiency
improvements and electric vehicle charging infrastructure (the
"Improvements") to Chapter 29 of the Streets and Highways Code
("Chapter 29") within counties and cities throughout the State of
California that elect to participate in such program;
C. El Segundo (the "City") is committed to development of renewable
energy sources and energy efficiency improvements, reduction of
greenhouse gases, protection of our environment, and reversal of
climate change;
D. Pursuant to Chapter 29, cities may assist property owners in
financing the cost of installing Improvements through a voluntary
contractual assessment program;
E. Installing such Improvements by property owners within the City's
jurisdictional boundaries if it participates in the Program would
promote the purposes cited above;
F. The City wishes to provide innovative solutions to its property
owners to achieve energy and water efficiency and independence,
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and in doing so cooperate with Authority in order to efficiently and
economically assist property owners the City in financing such
Improvements;
G. The City's property owners may participate in the Program, which
will be such a voluntary contractual assessment program, once the
City joins the Authority and the Authority properly establishes the
voluntary assessment districts in accordance with Chapter 29.
Consequently, the City finds it is in the public interest for the City of
El Segundo to enter into an amendment to the Authority JPA
adding the City of El Segundo as an Associate Member of the
California Enterprise Development Authority to Permit the Provision
of Property Assessed Clean Energy (PACE) Program Services
within the City (the "JPA Amendment"), by and between Authority
and the City, a copy of which is attached as Exhibit "A," and
incorporated by reference, to assist property owners within the
incorporated area of the City in financing the cost of installing
Improvements; and
H, The City is not responsible for conducting any assessment
proceedings; the levy and collection of assessments or any
required remedial action in the case of delinquencies in the
payment of any assessments or the issuance, sale or
administration of any bonds issued in connection with the Program.
SECTION 2: Authorization. The City Council takes the following actions:
A. Following Authority's actions to create a voluntary assessment
district pursuant to Chapter 29, the City Council consents to
including all of the properties within the City of El Segundo's
jurisdictional boundaries and to the Improvements, upon the
request by and voluntary agreement of owners of such properties,
within the Program in compliance with the laws, rules and
regulations applicable to such program;
B. Upon City becoming part of the Program, the City Council consents
to Authority assuming jurisdiction of all administrative functions
under Chapter 29 and of the Program. The City will not have any
administrative or legal responsibility for such matters;
C. The consent of this City Council constitutes assent to the
assumption of jurisdiction by Authority for all purposes of the
Program 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 Improvements, including
the levying, collecting and enforcement of the contractual
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assessments to finance the Improvements and the issuance and
enforcement of bonds to represent and be secured by such
contractual assessments;
D. This City Council authorizes the City Manager to execute the JPA
Amendment in a form approved by the City Attorney;
E. The City Manager, or designee, is authorized to implement the
intent of this Resolution and the JPA Amendment;
SECTION 3: This Resolution is exempt from review under the California
Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et
seq.) because it consists only administrative actions for joining a joint powers
authority. Adopting this Resolution will not have the effect of deleting or
substantially changing any regulatory standards or required findings.
SECTION 4: This Resolution will become effective immediately upon adoption
and will remain effective unless repealed or superseded.
SECTION 5: The City Clerk will certify to the passage and adoption of this
Resolution; will enter the same in the book of original Resolutions of said City;
and will make a minute of the passage and adoption thereof in the record of
proceedings of the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
PASSED AND ADOPTED this 20th da • " ugust 201 .
Bill Fisher,
Mayor
ATT ST:
Ul I A AWL.
Tracy Wea r,
City Clerk
APPROVED AS TO FORM:
Mark D. ensley, City Attorn
•
By. tom]
K rI H. Berger,
Assistant City Attorney
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EXIBHIT A
ASSOCIATE MEMBERSHIP AGREEMENT
by and between the
CALIFORNIA ENTERPRISE DEVELOPMENT AUTHORITY
and the
•
CITY OF -, CALIFORNIA
THIS ASSOCIATE MEMBERSHIP AGREEMENT (this "Associate Membership
Agreement"), dated as of by and between CALIFORNIA
ENTERPRISE DEVELOPMENT AUTHORITY (the "Authority") and the CITY OF
, CALIFORNIA, a municipal corporation, duly organized and existing under the laws
of the State of California (the "City");
WITNESSETH:
WHEREAS, the Cities of Selma, Lancaster and Eureka (individually, a "Member" and
collectively, the "Members"), have entered into a Joint Powers Agreement, dated as of June 1,
2006 (the "Agreement"), establishing the Authority and prescribing its purposes and powers; and
WHEREAS, the Agreement designates the Executive Committee of the Board of
Directors and the President of the California Association for Local Economic Development as
the initial Board of Directors of the Authority; and
WHEREAS, the Authority has been fonned for the purpose, among others, to assist for
profit and nonprofit corporations and other entities to obtain financing for projects and purposes
serving the public interest; and
WHEREAS, the Agreement permits any other local agency in the State of California to
join the Authority as an associate member (an"Associate Member"); and
WHEREAS, the City desires to become an Associate Member of the Authority;
WHEREAS, City Council of the City has adopted a resolution approving the Associate
Membership Agreement and the execution and delivery thereof;
WHEREAS, the Board of Directors of the Authority has determined that the City should
become an Associate Member of the Authority;
NOW, THEREFORE, in consideration of the above premises and of the mutual
promises herein contained, the Authority and the City do hereby agree as follows:
4833-7301-9141.1 1
Section 1. Associate Member Status. The City is hereby made an Associate Member of
the Authority for all purposes of the Agreement and the Bylaws of the Authority, the provisions
of which are hereby incorporated herein by reference. From and after the date of execution and
delivery of this Associate Membership Agreement by the City and the Authority, the City shall
be and remain an Associate Member of the Authority.
Section 2. Restrictions and Rights of Associate Members. The City shall not have the
right, as an Associate Member of the Authority, to vote on any action taken by the Board of
Directors or by the Voting Members of the Authority. In addition, no officer, employee or
representative of the City shall have any right to become an officer or director of the Authority
by virtue of the City being an Associate Member of the Authority.
Section 3. Effect of Prior Authority Actions. The City hereby agrees to be subject to and
bound by all actions previously taken by the Members and the Board of Directors of the
Authority to the same extent as the Members of the Authority are subject to and bound by such
actions.
Section 4. No Obligations of Associate Members. The debts, liabilities and obligations
of the Authority shall not be the debts, liabilities and obligations of the City.
Section 5. Execution of the Agreement. Execution of this Associate Membership
Agreement and the Agreement shall satisfy the requirements of the Agreement and Article XII of
the Bylaws of the Authority for participation by the City in all programs and other undertakings
of the Authority.
4833-7301-9141.1 2
IN WITNESS WHEREOF, the parties hereto have caused this Associate Membership
Agreement to be executed and attested by their proper officers thereunto duly authorized, on the
day and year first set forth above.
CALIFORNIA ENTERPRISE
DEVELOPMENT AUTHORITY
By:
Gurbax Sahota, Chair
Board of Directors
Attest:
Michelle Stephens, Asst. Secretary
CITY OF , CALIFORNIA
By:
Mayor
City Council
Attest:
City Clerk
4833-7301-914I.1 3