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HomeMy WebLinkAboutCity Council - 2016-04 RESOLUTION NO. 2016-04 RESOLUTION AUTHORIZING THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY TO JOIN THE CALIFORNIAFIRST PROGRAM, AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS WITHIN THE INCORPORATED TERRITORY OF THE CITY, AND AUTHORIZING RELATED ACTIONS WHEREAS, the California Statewide Communities Development Authority ("California Communities") is a j oint exercise of powers authority, the members of which include numerous cities and counties in the State of California, including the City of Huntington Beach(the "City"), and California Communities represented that it has established the CaliformaFIRST program (the "CaliformaFIRST Program provides financing for certain improvements authorized by Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29"), Streets & Highways Code Sections 5898 et seq , including, but not limited to, renewable energy, energy efficiency and water efficiency improvements and seismic strengthening improvements (the "Improvements") through the levy of assessments if a property owner voluntarily enters into a contract; and Chapter 29 provides that assessments may be levied on a parcel only with the consent of the owner of each parcel owner; and The City desires to provide owners of property ("Participating Property Owners") within the incorporated territory of the City the ability to participate in the CaliforniaFIRST Program, and California Communities has agreed it has or will conduct assessment proceedings required by Chapter 29, and The City through a separate Indemnification Agieement with California Communities will be indemnified and not be responsible for the conduct of any assessment proceedings; the levy or collection of assessments or any required remedial action in the case of delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program or any liability related to this resolution, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1 This City Council hereby finds and declares that properties within the City's boundaries will benefit from the CaliforniaFIRST Financing Program. 1 15-5020/129418 Resolution No . 2016-U4 Section 2 In connection with the CalifoimaFIRST Program, the City hereby consents to California Communities conducting special assessment proceedings pursuant to Chapter 29 on any property within its jurisdiction provided, that- (1) The Participating Property Owners, who shall be the legal owners of such property, execute a contract put suant to Chapter 29 and comply with other applicable provisions of California law in older to accomplish the valid levy of assessments; and (2) California Communities indemnifies the City such that the City is not liable for any actions taken in furtherance of this Resolution, including for the conduct of any assessment proceedings, the levy or collection of assessments or any requited remedial action in the case of delinquencies in such assessment payments, or the issuance, sale or administration of the Bonds or any other bonds issued in connection with the CaliforniaFIRST Program or any liability whether in law or equity related to this resolution. Section 3 Pursuant to the requirements of Chapter 29, California Communities has represented that it agreed to prepare and will update from time to time the "Program Report" for the CaliforniaFIRST Program (the "Program Report"), and California Communities will undertake assessment proceedings and the financing of Improvements as set forth in the Program Report as well as all applicable state and federal law Section 4. The City Manager or designee are authorized to make applications for the CalrforniaFIRST program available to all property owners who wish to finance Improvements, provided, that California Communities shall be responsible for providing such applications and related mateirals at its own expense The City Manager or designee is hereby designated as the contact pet sons for California Communities in connection with the CalrforniaFIRST Program. Section 5 The City Manager or designee are hereby authorized and directed to execute and delrvei such closing certificates, requisitions, agreements and related documents as aie seasonably required by California Communities in accordance with the state law including the Program Report to implement the CalrformaFIRST Program for Participating Property Owners 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 to the Secretary of California Communities. 2 15-5020/129418 Resolution No . 2016-04 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 19 t h day of January 201 6, VWWW Mayor REVIEW �PPROVED APPROVED AS RM. Manager City Attorney ?11-T-�LD AN APPR VED: Assistant City Manager 3 15-5020/129418 INDEMNIFICATION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND RENEWABLE FUNDING LLC This Indemnification and Insurance Agreement("Agreement") is entered into by and between the City of Huntington Beach, a municipal corporation ("City")and Renewable Funding LLC, a California limited liability company ("Administrator"),the administrator of CalifoiniaFIRST, the California Statewide Communities Development Authority's Property Assessed Clean Energy(PACE) Program RECITALS WHEREAS, the California Statewide Communities Development Authority ("Authority") is a joint exeicise of powers authority established pursuant to Chapter 5 of Division 7, Title I of the California Goveinment Code (Section 6500 et seq) and the Joint Exercise of Powers Agreement entered into on July 1, 1993, as amended from time to time ("Authority JPA"), and WHEREAS, the Authority has established a PACE program to provide foi the financing of i enewable energy generation, energy and water efficiency improvements, seismic retrofits and electric vehicle charging infrastructure(the"Improvements")pursuant to Chaptei 29 of Division 7 of the California Streets and Highways Code("Chapter 29"), within counties and cities throughout the State of California that elect to participate in the Program, and WHEREAS, the City Council of the City of Huntington Beach has approved the City joining the Authoi ity, has consented to the inclusion in the Authority's PACE Program of all of the properties in the jurisdictional boundaries of the City upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to the Program, [and has consented to upon the request of, and execution of the owners of such properties when such properties annexation into the District, if or when said properties are annexed, in compliance with the laws, rules and regulations applicable to the District, and WHEREAS, the Authority and the Administrator have entered into a Third Party Administration Agreement, dated Maich 2015, in which the Administrator agrees to administer the Authority PACE Program on behalf of the Authority, and WHEREAS, the Administrator agrees to indemnify and hold harmless the City and to provide insurance in connection with the administration of the Authority's PACE Program in the City of Huntington Beach NOW,THERFORE, in consideration of the Recitals above and of the City's agreement to join the Authority and to paiicipate in the Authority's PACE Program the parties agree as follows 1 Agreement to Indemnify The Administrator agrees to defend, indemnify, and hold harmless the City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,fines, penalties,judgments, demands, and defense costs(including, without limitation, actual, direct, out-of-pocket costs and expenses, and amounts paid in compromise or settlement and reasonable outside legal fees arising from litigation of every nature or liability of any kind or nature including civil, criminal, administrative or investigative)arising out of of in connection with the Authority's PACE Program, except such loss or damage caused by the sole negligence or wilful misconduct of the City. The Administrator will conduct all defenses at its sole cost and expense, and the City shall reasonably approve selection of the Administratoi's counsel This indemnity shall apply to all claims and liability regardless of whether any insurance policies of the Administratoi, its affiliates or any other parties are applicable thereto The policy limits of any insurance of the Administiator, its affiliates or other parties are not a limitation upon the obligation of the Administrator, including without limitation,the amount of indemnification to be piovided by the Administratoi The provisions of this section shall survive the termination of this Agreement 2 Amendment/Interpretation of this Agreement. This Agreement represents the entile understanding of the parties as to those matters contained herein No prioi oral of written understanding shall be of any force or effect with respect to those matters covered hereunder.No supplement, modification, or amendment of this Agreement shall be binding unless executed in wi iting by both parties hereto This Agreement shall not be interpreted for or against any party by reason of the fact that such party may have drafted this Agreement of any of its provisions 3 Section Headings Section headings in this Agreement are included for convenience of reference only and shall not constitute a part of this Agreement for any other purpose. 4 Waiver No waiver of any of the provisions of this Agreement shall be binding unless in the foim of a writing signed by the party against whom enforcement is sought, and no such waiver shall operate as a waivei of any other provisions hereof(whether or not similar), nor shall such waiver constitute a continuing waivei Except as specifically provided herein, no failure to exercise or any delay in exercising any right or remedy hereunder shall constitute a waiver thereof 5. Severability and Governing Law If any provision or portion thereof of this Agreement shall be held by a court of competent jurisdiction to be invalid,void, or otherwise unenforceable,the remaining provisions shall remain enforceable to the fullest extent permitted by law This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of California applicable to contracts made and to be performed in California 6 Notices All notices, demands and other communications required or permitted hereunder shall be made in writing and shall be deemed to have been duly given if delivered by hand, against receipt,or mailed certified or registered mail and addressed as follows• If to the Administrator Renewable Funding LLC 1221 Broadway,41h Floor Oakland, CA 94612 Attn- Legal Department Email notices(1i enewfinancial com Indemnification Agreement 2 City of Huntington Bench 2016 If to the City: Patti Williams Risk Managei City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 7 Counterparts This Agi eement may be executed in one or more counterparts, each of which shall be deemed to be an original, which togethei shall constitute the same instrument 8. Effective Date This Agieement will be effective as of the date of the signature of City's representative as indicated below in the City's signature block iN WITNESS HEREOF,the parties hereto duly executed this Agreement as of the date below CITY ADMINISTRATOR , CITY OF HUNTING N BEACH RENEWABLE FUNDING L By By VWI 4 Katherine Mimi Fiusha s , R4ayoi Secietary r Date Date it.0 APPROVED ORM Zityttoiney Indemnification Agreement 3 City of Huntington Beach 2016 Res. No. 2016-04 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven, that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on January 19, 2016 by the following vote AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize NOES: Sullivan, Peterson ABSENT: None ABSTAIN: None City CI k and ex-office Clerk of the City Council of the City of Huntington Beach, California