HomeMy WebLinkAboutCM California Statement Communities Designating Marin Energy Authority as a Liaison to the ProgramCITY OF I%r � • `
Department: City Manager's Office
Agenda Item No: 5.c
Meeting Date: November 19, 2012
Prepared by: Cory Bytof City Manager Approval
Volunteer & Sustainability Program Coordinator
SUBJECT: RESOLUTION AUTHORIZING THE CITY OF SAN RAFAEL TO JOIN THE
CALIFORNIAFIRST PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND
LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY;
DESIGNATING MARIN ENERGY AUTHORITY AS A LIAISON TO THE PROGRAM ON
BEHALF OF THE CITY; AND AUTHORIZING RELATED ACTIONS
RECOMMENDATION:
Conduct a public hearing and adopt the resolution authorizing the City of San Rafael to join the
CaliforniaFIRST Program; authorizing the California Statewide Communities Development
Authority to accept applications from property owners, conduct contractual assessment
proceedings and levy contractual assessments within the territory of the City; designating Marin
Energy Authority as a liaison to the program on behalf of the City; and authorizing related
actions.
BACKGROUND:
In April 2009 the City Council adopted San Rafael's Climate Change Action Plan (CCAP), which
includes Program BU5 directing the City to develop a program to achieve energy savings in
existing buildings, with a goal of decreasing energy use by 20% as of the year 2020. In 2011
the City Council adopted the Sustainability Element of the City's General Plan, which includes
Policy SU -4a to support efforts of the Marin Energy Authority, Policy SU -4b to inform
businesses and residents of programs and rebates to conserve energy, and SU -5b to develop
and implement energy efficiency programs such as PACE financing.
Roughly forty-two percent of San Rafael's greenhouse gas emissions result from the residential
and commercial sectors, and the majority of these emissions are caused by the energy our
buildings use. Achieving greater energy efficiency in buildings is something we currently have
the technology to accomplish, but the upfront cost associated with installing more efficient
FOR CITY CLERK ONLY
File No.: 1 1 1 -
Council Meeting: El tq t 7 -
Disposition: 3 6 g
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
equipment is 8 major barrier to property OVVOerS. Establishing a PACE financing p[Og[3rD will
provide a tool for property owners in San Rafael to finance the implementation of more energy
efficient equipment, helping them k}contribute towards the city's overall greenhouse gas
reduction targets. Approving this resolution would enable the Ca|ifO[Oi8F|RSTprogram tobe
available for non-residential property owners within San RGfGe|'s city boundaries.
California Statewide O0D1rDUDities Development Authority (California Communities) is 8 joint
powers authority sponsored bvthe League [f California Cities and the California State
Association OfCounties. The member agencies ofCalifornia Communities include all 58
counties and more than 400 other local agencies throughout California, including the City of San
Rafael.
The Ca|UornioRRST PrOgnBDl is being instituted by California Communities U]allow owners of
property iDparticipating cities and counties to finance renewable energy, energy efficiency and
water efficiency improvements on their property. If a property owner chooses to participate, the
improvements will be financed by the issuance of bonds by California Communities. California
Communities will levy "contractual assessments" ODthe owner's property tOrepay the portion Of
the bonds issued to finance the improvements on that property. California Communities has
selected Renewable Funding LLC to provide administration and coordinate financing for the
pR]g[8nl.
The CaliforniaFIRST Program is a property assessed clean energy (PACE) program. Because
of negative guidance regarding PACE programs provided in 2010 by the Federal Housing
Finance Authority (FHFA).the federal agency that oversees Fannie Mae and Freddie Mac, the
C8|ifO[Oi8F|RST P[Vg[G[D will launch initially providing only financing for non-residential
properties. Should the residential regulatory environment i[DpFOVe' the C8|ifO[Di@F|RST
program would expand tOinclude residential financings. Non-residential includes properties
such as CO[O[De[Ci8/. multi -family with 5 or more UOitS' iOduSt[ia|, and agricultural.
The CaliforniaFIRST Program "contractual assessment" proceedings will be undertaken by
California Communities pursuant toChapter 28OfDivision 7Ofthe Streets & Highways Code,
which was amended in 2008 by Assembly Bill 811 and further amended in 2009 by Assembly
Bill 474'tOallow the financing Ofrenewable energy, energy efficiency and water efficiency
improvements ODprivate property. Pursuant tOChapter 29'assessments may bRlevied to
finance renewable energy, energy efficiency and water efficiency improvements only with the
free and willing consent of the owner of each lot or parcel on which an assessment is levied at
the time the assessment iGlevied, and property owners evidence their consent b}the
@SSeSS[DeDtS by executing a contract with California Communities. Since the contractual
assessment will have priority over pre-existing private |ieDs. such as rnodo@geS' DOUCH to the
property owner and written consent/acknowledgment will be required.
The benefits to the property owner include:
^ Only property owners who choose tOparticipate iDthe program will have aSGeSSFnentS
imposed DDtheir property.
~ |Otoday's economic environment, there may not beattractive private eDLeq]hSe
alternatives such asthis for property owners tofinance renewable energy/energy
effiC/8OC\/wate[effiCieOCy i[HpP3Ve[OeDtS.
* Even when there are private enterprise 8|te[D8tiYeS. most private loans are due on G8|8
of the benefited property, which OO8k8S it difficult for property owners to [n@tCh the life Of
the F8p8y[OeOt Ob|ig81iOD with the USefU| life of the fiD8DCed iDlprOYe[n8OtG. Under the
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 3
CaliforniaFIRST Program, the assessment obligation will transfer with the property upon
sale.
• The property owner can choose to pay off the assessments at any time, subject to
applicable prepayment penalties.
• Regional aggregation provided by the CaliforniaFIRST Program, provides the program
scale and investment sizing that attracts private capital providers, which is much harder
to accomplish on a local, county -wide level.
The benefits to the City include:
• As in conventional assessment financing, the City is not obligated to repay the bonds
issued by California Communities or to pay the assessments levied on the participating
properties.
• California Communities handles all assessment administration, bond issuance and bond
administration functions. A participating city can provide financing of renewable energy,
energy efficiency and water efficiency improvements to property owners through the
CaliforniaFIRST Program — thereby meeting its political and environmental goals — while
committing very limited staff time to administer the program. At the same time, the
program is flexible enough to be able to incorporate City resources such as enhanced
marketing and outreach as determined by the City.
The proposed resolution authorizes California Communities to accept applications from property
owners within our jurisdictional boundaries for municipal financing of renewable energy, energy
efficiency and water efficiency improvements through the CaliforniaFIRST Program. It also
authorizes California Communities to conduct assessment proceedings and levy assessments
against the property of participating owners within our boundaries. It also authorizes
miscellaneous related actions and makes certain findings and determinations required by law.
California Communities will undertake a judicial validation proceeding as part of its initiation of
the CaliforniaFIRST Program, most likely within three to six months after the adoption of this
Resolution.
Any jurisdiction can withdraw from the CaliforniaFIRST Program at any time by passing a
resolution rescinding the authorization. Participating jurisdictions are also free to develop and
operate, or participate in, other financing programs, including alternative PACE programs,
independently of but concurrent to CaliforniaFIRST.
The CaliforniaFIRST program is not expected to generate a large number of projects, at least
initially. This is partly due to the lengthy administrative process in putting together a potential
project under this type of program, and also partly due to the uncertain interest rate; financing is
determined on a project by project basis, so no single interest rate can be guaranteed. This
program will best match large properties, as the length of the time to develop the project is best
suited for large projects with significant project costs. It is worth noting that Marin Energy
Authority was recently approved to develop and administer a small business on -bill repayment
financing program, which would support smaller projects that need financing and would not be
eligible for a PACE program.
Attached to this staff report is a resolution passed by the Marin Energy Authority authorizing
MEA to act as regional liaison and local point of contact for the CaliforniaFIRST program. MEA
will shoulder as much of the staff responsibilities as possible to further minimize the impact to
the City. Additionally, MEA will serve as a local interface for interested property owners, and
can co -market the CaliforniaFIRST program with its emerging energy efficiency portfolio,
helping motivated property owners identify potential energy savings measures and procure
financing if necessary to accomplish the upgrades.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Pa2e: 4
Attached to the resolution as Exhibit 3 is the "Resolution Approving Modifications to the
CaliforniaFIRST Program to Make Available Financing for Owners of Non -Residential Property
and Multifamily Residential Property with Five Units or More; To Conform to the Requirements
of Assembly Bill 44 and Senate Bill 1340; and Ordering Other Related Matters" that was
approved by California Communities on February 2, 2012. This is for informational purposes
and does not require action by this City Council.
California Environmental Quality Act (CEQA)
Upon review of the literature and in consultation with the City Attorney's Office, it has been
determined that the adoption of this ordinance is exempt from the requirements of the CEQA
Guidelines in that it is not a "project" and 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)).
FISCAL IMPACT:
There is no direct fiscal impact associated with opting into the CaliforniaFIRST program. This
program may provide economic benefits to the region by creating energy savings for property
owners and stimulating local construction jobs.
OPTIONS:
The City Council has the following options to consider on this matter:
1. Adopt the resolution as proposed or with modifications
2. Continue action for additional information and response to Council comments and
concerns
3. Deny the proposed resolution
RECOMMENDED ACTION:
1. Open the public hearing and accept public testimony;
2. Close the public hearing;
3. Adopt the resolution
EXHIBITS:
1. Resolution
2. CaliforniaFIRST Non -Residential PACE Program Terms Summary
3. California Communities Sample Resolution
4. MEA Resolution
5. CaliforniaFIRST Program Timeline
January 22, 2013
California Communities
299 Oak Road, Suite 710
Walnut Creek, CA 94957
To Whom It May Concern:
MAYOR GARY 0. PHILLIPS
VICE MAYOR BARBARA HELLER
COUNCILMEMBER KATE COLIN
COUNCILMEMBER DAMON CONNOLLY
COUNCILMEMBER ANDREW CUYUGAN MCCULLOUGH
k.,. a .,;'" g. _g. u:. gg0t's`
PHONE:CITY CLERK'S OFFICE
!
-
Y: 415-485-3133
File Nos. 271 x 13-1
Enclosed is certified copy of Resolution No. 13463, adopted by the San Rafael City Council at a
regular meeting held on Monday, November 19, 2012, as follows:
RESOLUTION NO. 13463 — RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SAN RAFAEL AUTHORIZING THE CITY OF SAN RAFAEL TO
JOIN THE CALIFORNIAFIRST PROGRAM; AUTHORIZING THE
CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS,
CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE
CITY; DESIGNATING MARIN ENERGY AUTHORITY AS A LIAISON TO
THE PROGRAM ON BEHALF OF THE CITY; AND AUTHORIZING
RELATED ACTIONS
Please note ``Copy of Proof of Publication/Notice of Public Hearing" is also enclosed, indicating
publication date of November 9, 2012.
Sincerely,
Esther Beirne, City Clerk
By Jeanne M. Leoncini, Deputy City Clerk
Enclosures
cc: Cory Byto£ Volunteer & Sustainability Program Coordinator
1400 Fu ?t Al`k:Nt'F: 110 Box 1,;1 i60 SAN RAF AFA- CA 94915-1 S60
WW'W'.CITYOFSANRAFAEL.ORG
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CITY COUNCIL OF THE CITY OF SAN RAFAEL
RESOLUTION NO. 13463
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY OF SAN RAFAEL TO JOIN THE CALIFORNIAFIRST
PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY
OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND
LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE
CITY; DESIGNATING MARIN ENERGY AUTHORITY AS A LIAISON TO THE
PROGRAM ON BEHALF OF THE CITY; AND AUTHORIZING RELATED
ACTIONS
WHEREAS, the City of San Rafael ("City") adopted a Climate Change Action Plan in 2009
and added a Sustainability Element to the San Rafael General Plan 2020 in 2011 that
included Policy SU -4b, which calls for the City to participate in an assessment district
financing ("PACE") program to fund installation of renewable energy systems and other
efficiency upgrades to existing buildings; and
WHEREAS, the California Statewide Communities Development Authority ("California
Communities") 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 San Rafael;
and
WHEREAS, California Communities has established the CaliforniaFIRST program (the
"California FIRST Program") to allow the financing of certain renewable energy, energy
efficiency and water efficiency improvements (the "Improvements") through the levy of
contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways
Code ("Chapter 29") and the issuance of improvement bonds (the "Bonds") under the
Improvement Bond Act of 1915 (Streets and Highways Code Sections 8500 and following)
(the "1915 Act") upon the security of the unpaid contractual assessments; and
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions
only with the free and willing consent of the owner 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 within its jurisdiction
("Participating Property Owners") to participate in the CaliforniaFIRST Program and to
allow California Communities to conduct assessment proceedings under Chapter 29 and
to issue Bonds under the 1915 Act to finance the Improvements; and
WHEREAS, California Communities will conduct assessment proceedings under Chapter
29 and issue Bonds under the 1915 Act to finance Improvements;
1
M
WHEREAS, a proposed form of Resolution of Intention to be adopted by California
Communities in connection with such assessment proceedings (the "ROI"), a copy of
which is attached hereto as Exhibit A, and the territory within which assessments may be
levied for the CaliforniaFIRST Program shall include all of the territory within the City's
official boundaries of record (the "Proposed Boundaries"); and
WHEREAS, the City will 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; and
WHEREAS, pursuant to Government Code Section 6586.5, a notice of public hearing has
been published once at least five days prior to the date hereof in a newspaper of general
circulation in the City, and a public hearing has been duly conducted by this City Council
concerning the significant public benefits of the CaliforniaFIRST Program and the
financing of the Improvements;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as
follows:
Section 1. On the date hereof, the City Council held a public hearing and the City Council
hereby finds and declares that the issuance of bonds by California Communities in
connection with the CaliforniaFIRST Program will provide significant public benefits within
the boundaries of the City.
Section 2. In connection with the CaliforniaFIRST Program, the City hereby consents to
the conduct of special assessment proceedings by California Communities pursuant to
Chapter 29 on any property within the Proposed Boundaries and the issuance of Bonds
under the 1915 Act; provided, that
(1) Such proceedings are conducted pursuant to one or more Resolutions of Intention in
substantially the form of the ROI;
(2) 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
(3) The City will 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.
(4) The issuance of Bonds will occur following receipt of a final judgment in a validation
action filed by California Communities pursuant to Code of Civil Procedure Section 860
that the Bonds are legal obligations of California Communities.
K
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Section 3. Pursuant to the requirements of Chapter 29, California Communities has
prepared 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.
Section 4. The appropriate officials and staff of the City are hereby authorized and
directed to make applications for the CaliforniaFIRST program available to all property
owners who wish to finance Improvements; provided, that California Communities shall be
responsible for providing such applications and related materials at its own expense. The
City designates the Marin Energy Authority as the primary point of contact for California
Communities in connection with the CaliforniaFIRST Program.
Section 5. 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 6. 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.
1, ESTHER BEIRNE, City Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council held on Monday, November 19, 2012, by the following vote, to wit:
AYES.- COUNCILMEMBERS:
Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS:
None
ABSENT: COUNCILMEMBERS:
None
ABSTAIN: COUNCILMEMBERS:
None
/4 S44,•, ,
: Esther Beirn6, City lerl
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EXHIBIT A
FORM OF RESOLUTION DECLARING INTENTION
TO FINANCE INSTALLATION OF
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES,
ENERGY EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS
RESOLUTION NO.
RESOLUTION DECLARING INTENTION TO FINANCE INSTALLATION OF
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY
EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS
COUNTY OF MARIN
WHEREAS, the California Statewide Communities Development Authority ("California
Communities") is authorized under the authority granted California Communities pursuant to
Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California in
accordance with Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State
of California ("Chapter 29") to authorize assessments to finance the installation of distributed
generation renewable energy sources, energy efficiency and water efficiency improvements that
are permanently fixed to real property ("Authorized Improvements"); and
WHEREAS, Chapter 29 authorizes California Communities to enter into contractual
assessments, to finance the installation of Authorized Improvements in the County of Marin (the
"County"); and
WHEREAS, California Communities wishes to declare its intention to establish a
CaliforniaFIRST program (the "California FIRST Program") in the County, pursuant to which
California Communities, subject to certain conditions set forth below, would enter into
contractual assessments to finance the installation of Authorized Improvements in the County;
NOW, THEREFORE, BE IT RESOLVED by the California Statewide Communities
Development Authority, as follows:
Section 1. Findings. California Communities hereby finds and declares the following:
(a) The above recitals are true and correct.
(b) Energy conservation efforts, including the promotion of energy-related Authorized
Improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of global climate change and the reduction of greenhouse gas emissions in
the County.
(c) Water conservation efforts, including the promotion of water -related Authorized
Improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of chronic water shortages in California.
(d) The upfront cost of making residential, commercial, industrial, or other real
property more energy and water efficient, along with the fact that most commercial loans for that
purpose are due on the sale of the property, prevents many property owners from installing
Authorized Improvements.
(e) A public purpose will be served by
program, to be known as the CaliforniaFIRST
Communities will finance the installation of Authorized
industrial, or other real property in the County.
2
establishing a contractual assessment
Program, pursuant to which California
Improvements to residential, commercial,
Section 2. Determination of Public Interest. California Communities hereby
determines that (a) it would be convenient, advantageous, and in the public interest to designate
an area, which shall encompass the entire geographic territory within the boundaries of the
County, within which California Communities and property owners within the County may enter
into contractual assessments to finance the installation of Authorized Improvements pursuant to
Chapter 29 and (b) it is in the public interest for California Communities to finance the
installation of Authorized Improvements in the County pursuant to Chapter 29.
Section 3. Identification of Authorized Improvements. California Communities
hereby declares that it proposes to make contractual assessment financing available to property
owners to finance installation of Authorized Improvements, including but not limited to those
improvements detailed in the Report described in Section 8 below, as that Report may be
amended from time to time.
Section 4. Identification of Boundaries. Contractual assessments may be entered into
by property owners located within the entire geographic territory of the County; provided,
however, that California Communities shall not enter into contractual assessments to finance the
installation of Authorized Improvements with the owner of any property in the County unless
requested to do so first by the County if the property is located in unincorporated territory or a city
if the property is located in incorporated territory and after such city or the County, as applicable,
has held a public hearing pursuant to Section 6586.5 of the Government Code of the State of
California. The form of resolution pursuant to which cities may request California Communities
to enter into contractual assessments to finance the installation of Authorized Improvements is
attached as Exhibit A.
Section 5. Proposed Financing Arrangements. Under Chapter 29, California
Communities may issue bonds pursuant to Chapter 29 that are payable by contractual
assessments and California Communities may advance its own funds to finance work to be
repaid through contractual assessments, and may from time to time sell bonds to reimburse
itself for such advances. Division 10 (commencing with Section 8500) of the Streets &
Highways Code of the State (the "Improvement Bond Act of 1915") shall apply to any bonds
issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not in conflict
with Chapter 29.
California Communities shall determine the creditworthiness of a property owner to
participate in the financing of Authorized Improvements based on the criteria developed by the
Program Manager in consultation with the CaliforniaFIRST Program financing team.
In connection with bonds issued under the Improvement Bond Act of 1915 that are
payable from contractual assessments, serial and/or term improvement bonds shall be issued
in such series and shall mature in such principal amounts and at such times (not to exceed 20
years from the second day of September next following their date) and at such rate or rates of
interest (not to exceed the maximum rate permitted by applicable law) as shall be determined
by California Communities at the time of the issuance and sale of the bonds. The provisions
of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is
the intention of California Communities to create a special reserve fund for the bonds under
Part 16 of the Improvement Bond Act of 1915. California Communities will not advance
available surplus funds from its treasury to cure any deficiency in the redemption fund to be
created with respect to the bonds; provided, however, that this determination shall not prevent
California Communities from, in its sole discretion, so advancing funds. The bonds may be
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refunded under Division 11.5 of the California Streets and Highways Code or other applicable
laws permitting refunding of the bonds, upon the conditions specified by and at the
determination of California Communities.
California Communities hereby authorizes the Program Manager, upon consultation
with bond counsel and the CaliforniaFIRST Program underwriter, to provide for the issuance
of bonds payable from contractual assessments.
In connection with the issuance of bonds payable from contractual assessments,
California Communities expects to obligate itself, through a covenant with the owners of the
bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment
installments under specified circumstances.
Section 6. Public Hearing. Pursuant to the Act, California Communities hereby orders that
a public hearing be held before this Commission, at , on 2012 at
a.m., for the purposes of allowing interested persons to object to or inquire about the
proposed program or any of its particulars. The public hearing may be continued from time to time
as determined by the Commission for a time not exceeding a total of 180 days.
At the time of the hearing, the Report described in Section 8 below shall be summarized
and the Commission shall afford all persons who are present an opportunity to comment upon,
object to, or present evidence with regard to the proposed contractual assessment program, the
extent of the area proposed to be included within the program, the terms and conditions of the
draft Contract described in Section 8 below, or the proposed financing provisions. Following the
public hearing, California Communities may adopt a resolution confirming the Report (the
"Resolution Confirming Report") or may direct the Report's modification in any respect, or may
abandon the proceedings.
The Commission hereby orders the Secretary to publish a notice of public hearing once a
week for two successive weeks. Two publications in a newspaper published once a week or
more often, with at least five days intervening between the respective publication dates not
counting such publication dates, are sufficient. The period of notice will commence upon the first
day of publication and terminate at the end of the fourteenth day. The first publication shall occur
not later than 20 days before the date of the public hearing.
Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the
Streets & Highways Code, the Commission hereby orders the Secretary to provide written notice
of the proposed contractual assessment program within the County to all water and electric
providers within the boundaries of the County not less than 60 days prior to adoption of the
Resolution Confirming Report.
Section 8. Report. The Commission hereby directs the Program Manager for the
CaliforniaFIRST Program to prepare and file with the Commission a report (the "Report") at or
before the time of the public hearing described in Section 6 above containing all of the following:
(a) A map showing the boundaries of the territory within which contractual
assessments are proposed to be offered, as set forth in Section 4 above.
(b) A draft contract (the "Contract") specifying the terms and conditions that would be
agreed to by California Communities and a property owner within the County. The Contract may
allow property owners to purchase directly the related equipment and materials for the
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installation of the Authorized Improvements and to contract directly for the installation of such
Authorized Improvements.
(c) A statement of California Communities' policies concerning contractual
assessments including all of the following:
(1) Identification of types of Authorized Improvements that may be financed
through the use of contractual assessments.
(2) Identification of California Communities official authorized to enter into
contractual assessments on behalf of California Communities.
(3) A maximum aggregate dollar amount of contractual assessments in the
County.
(4) A method for setting requests from property owners for financing through
contractual assessments in priority order in the event that requests appear likely to
exceed the authorization amount.
(d) A plan for raising a capital amount required to pay for work performed pursuant
to contractual assessments. The plan may include amounts to be advanced by California
Communities through funds available to it from any source. The plan may include the sale of a
bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The
plan shall include a statement of or method for determining the interest rate and time period
during which contracting property owners would pay any assessment. The plan shall provide for
any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of
the costs incidental to financing, administration, and collection of the contractual assessment
program among the consenting property owners and California Communities.
(e) A report on the results of the consultations with the County Auditor -Controller
described in Section 10 below concerning the additional fees, if any, that will be charged to
California Communities for incorporating the proposed contractual assessments into the
assessments of the general taxes of the County on real property, and a plan for financing the
payment of those fees.
Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and
the interest and any penalties thereon, will constitute a lien against the lots and parcels of land
on which they are made, until they are paid. Unless otherwise directed by California
Communities, the assessments shall be collected in the same manner and at the same time
as the general taxes of the County on real property are payable, and subject to the same
penalties and remedies and lien priorities in the event of delinquency and default.
Section 10. Consultations with County Auditor -Controller, California Communities
hereby directs the Program Manager to enter into consultations with the County Auditor -
Controller in order to reach agreement on what additional fees, if any, will be charged to
California Communities for incorporating the proposed contractual assessments into the
assessments of the general taxes of the County on real property.
Section 11. Preparation of Current Roll of Assessment. Pursuant to Section
5898.24(c), California Communities hereby designates the Program Manager (or his/her
designee) as the responsible official for annually preparing the current roll of assessment
obligations by assessor's pB[Ce| number on property subject to 8 voluntary contractual
assessment.
Section 12. Procedures for Responding to Inquiries. The Fzrog[@nl Manager shall
establish procedures t0promptly respond b} inquiries concerning current and future estimated
liability for 8voluntary contractual assessment.
Section 13. Professionals Appointed. California Communities hereby appoints Jones
Hall, AProfessional Law Corporation, San FnonCiSCO, California, asbond counsel tmCalifornia
COnlnlunihee in connection with the Ca1iforDiaF|F|GT PnDgngrn. The CornrniosiDO hereby
authorizes and directs an Authorized Signatory of California Communities /@S determined from
time to time by the Co[nrniemiOD by separate resolution) to enter into appropriate GgnaenOen1S
with such firm for its services to California CODlnnuniUea in connection with the matters
addressed in this Resolution.
Section . Effective Date. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED by the California Statewide COrnrnVniUSS Development
Authority thie____. 2012.
|' the undersiQned, the duly appoiOtGd, and qualified member of the CornnOi8siVD of the
California Statewide Communities Development Authority, OC) HEREBY CERTIFY that the
foregoing resolution was duly adopted by the Commission of said Authority at 8 duly called
meeting of the Commission Ofsaid Authority held in accordance with law OD. 2012.
N
CalifornlaFIRST -a program of
CalifornialFIRST Non -Residential PACE Program Terms Summary
Getting Started
Program Basics
Minimum Financing
The minimum financing amount is $50,000.
Maximum Financing
The maximum financing amount is dependent on the property value.
Current outstanding debt plus CaliforniaFIRST financing amount plus
other special assessment liens and special tax debt must be less
than the property value plus the value of the financed projects.
Application Fee
There is no application fee.
Contractors
Contractors must be licensed by the State and acquire all
appropriate permits for the installation of the project(s).
Authorized Improvements
Financed measures must be permanently attached to the property
and provide energy and/or water savings.
Project Lender
Property owner(s) works directly with its selected project lender to
negotiate additional terms of financing.
Rebates and Incentives
Property owners are encouraged to participate in applicable rebate
and incentive programs to reduce the project's installation cost.
Audit
ASHRAE 2 or corngarable audit is reguired.
Underwriting Criteria
Lender Acknowledgement
The existing mortgage or loan holder(s) must provide affirmative
acknowledgement of property participation in CaliforniaFIRST.
Property Taxes and Liens
Property owner must be current and have no involuntary liens on the
property.
Mortgage
____
Property owner must be current and have no notices of default in the
last 5 years.
Costs and Fees
Program Costs
Interest Rate
The interest rate depends on the cost of capital provided by each
proiect lender and on-going program fees.
Closing Fees
Closing fees include program management, project underwriting, lien
recordation, bond document preparation and funding disbursement.
Capitalized Interest
Depending on when the financing closes (there is a county -imposed
deadline to place assessment installments on the property tax bill for
a tax year), it may be necessary to finance the first year's
assessment installments.
Municipal Fee
Annual Collection Fee The county tax collection fee covers the expense of placing the
assessment on the tax roll, collecting funds, and distributing funds to
the CaliforniaFl RST program. Fees range from $0.10 per parcel to
1 2% per pgyment depending on the counly.
ore liviormation
Detailed information is available for property owners, contractors and lenders. Contact us to
1 request the complete Program Handbook or for assistance in getting started.
Web: CaliforniaFIRST.org
Email: inn'�'o@Ca�lifornia�F�
Phone: (510) 692-9995
www.CaIiforniqE,LRS-r.org v.9.11.12
EXHIBIT A
FORM OF RESOLUTION DECLARING INTENTION
TO FINANCE INSTALLATION OF
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES,
ENERGY EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS
RESOLUTION NO.
RESOLUTION DECLARING INTENTION TO FINANCE INSTALLATION OF
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY
EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS
COUNTY OF MARIN
WHEREAS, the California Statewide Communities Development Authority ("California
Communities") is authorized under the authority granted California Communities pursuant to
Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California in
accordance with Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State
of California ("Chapter 29") to authorize assessments to finance the installation of distributed
generation renewable energy sources, energy efficiency and water efficiency improvements that
are permanently fixed to real property ("Authorized Improvements"); and
WHEREAS, Chapter 29 authorizes California Communities to enter into contractual
assessments. to finance the installation of Authorized Improvements in the County of Marin (the
"County"); and
WHEREAS, California Communities wishes to declare its intention to establish a
CaliforniaFIRST program (the "CaliforniaFIRST Program") in the County, pursuant to which
California Communities, subject to certain conditions set forth below, would enter into
contractual assessments to finance the installation of Authorized Improvements in the County;
NOW, THEREFORE, BE IT RESOLVED by the California Statewide Communities
Development Authority, as follows:
Section 1. Findings. California Communities hereby finds and declares the following:
(a) The above recitals are true and correct.
(b) Energy conservation efforts, including the promotion of energy-related Authorized
Improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of global climate change and the reduction of greenhouse gas emissions in
the County.
(c) Water conservation efforts, including the promotion of water -related Authorized
Improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of chronic water shortages in California.
(d) The upfront cost of making residential, commercial, industrial, or other real
property more energy and water efficient, along with the fact that most commercial loans for that
purpose are due on the sale of the property, prevents many property owners from installing
Authorized Improvements.
(e) A public purpose will be served by establishing a contractual assessment
program, to be known as the CaliforniaFIRST Program, pursuant to which California
Communities will finance the installation of Authorized Improvements to residential, commercial,
industrial, or other real property in the County.
4
Section 2. Determination of Public Interest. California Communities hereby
determines that (a) it would be convenient, advantageous, and in the public interest to designate
an area, which shall encompass the entire geographic territory within the boundaries of the
County, within which California Communities and property owners within the County may enter
into contractual assessments to finance the installation of Authorized Improvements pursuant to
Chapter 29 and (b) it is in the public interest for California Communities to finance the
installation of Authorized Improvements in the County pursuant to Chapter 29.
Section 3. Identification of Authorized Improvements. California Communities
hereby declares that it proposes to make contractual assessment financing available to property
owners to finance installation of Authorized Improvements, including but not limited to those
improvements detailed in the Report described in Section 8 below, as that Report may be
amended from time to time.
Section 4. Identification of Boundaries. Contractual assessments may be entered into
by property owners located within the entire geographic territory of the County; provided,
however, that California Communities shall not enter into contractual assessments to finance the
installation of Authorized Improvements with the owner of any property in the County unless
requested to do so first by the County if the property is located in unincorporated territory or a city
if the property is located in incorporated territory and after such city or the County, as applicable,
has held a public hearing pursuant to Section 6586.5 of the Government Code of the State of
California. The form of resolution pursuant to which cities may request California Communities
to enter into contractual assessments to finance the installation of Authorized Improvements is
attached as Exhibit A.
Section 5. Proposed Financing Arrangements. Under Chapter 29, California
Communities may issue bonds pursuant to Chapter 29 that are payable by contractual
assessments and California Communities may advance its own funds to finance work to be
repaid through contractual assessments, and may from time to time sell bonds to reimburse
itself for such advances. Division 10 (commencing with Section 8500) of the Streets &
Highways Code of the State (the "Improvement Bond Act of 1915") shall apply to any bonds
issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not in conflict
with Chapter 29.
California Communities shall determine the creditworthiness of a property owner to
participate in the financing of Authorized Improvements based on the criteria developed by the
Program Manager in consultation with the CaliforniaFIRST Program financing team.
In connection with bonds issued under the Improvement Bond Act of 1915 that are
payable from contractual assessments, serial and/or term improvement bonds shall be issued
in such series and shall mature in such principal amounts and at such times (not to exceed 20
years from the second day of September next following their date) and at such rate or rates of
interest (not to exceed the maximum rate permitted by applicable law) as shall be determined
by California Communities at the time of the issuance and sale of the bonds. The provisions
of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is
the intention of California Communities to create a special reserve fund for the bonds under
Part 16 of the Improvement Bond Act of 1915. California Communities will not advance
available surplus funds from its treasury to cure any deficiency in the redemption fund to be
created with respect to the bonds; provided, however, that this determination shall not prevent
California Communities from, in its sole discretion, so advancing funds. The bonds may be
refunded under Division 11.5 of the California Streets and Highways Code or other applicable
laws permitting refunding of the bonds, upon the conditions specified by and at the
determination of California Communities.
California Communities hereby authorizes the Program Manager, upon consultation
with bond counsel and the CaliforniaFIRST Program underwriter, to provide for the issuance
of bonds payable from contractual assessments.
In connection with the issuance of bonds payable from contractual assessments,
California Communities expects to obligate itself, through a covenant with the owners of the
bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment
installments under specified circumstances.
Section 6. Public Hearing. Pursuant to the Act, California Communities hereby orders that
a public hearing be held before this Commission, at , on 2012 at
a.m., for the purposes of allowing interested persons to object to or inquire about the
proposed program or any of its particulars. The public hearing may be continued from time to time
as determined by the Commission for a time not exceeding a total of 180 days.
At the time of the hearing, the Report described in Section 8 below shall be summarized
and the Commission shall afford all persons who are present an opportunity to comment upon,
object to, or present evidence with regard to the proposed contractual assessment program, the
extent of the area proposed to be included within the program, the terms and conditions of the
draft Contract described in Section 8 below, or the proposed financing provisions. Following the
public hearing, California Communities may adopt a resolution confirming the Report (the
"Resolution Confirming Report") or may direct the Report's modification in any respect, or may
abandon the proceedings.
The Commission hereby orders the Secretary to publish a notice of public hearing once a
week for two successive weeks. Two publications in a newspaper published once a week or
more often, with at least five days intervening between the respective publication dates not
counting such publication dates, are sufficient. The period of notice will commence upon the first
day of publication and terminate at the end of the fourteenth day. The first publication shall occur
not later than 20 days before the date of the public hearing.
Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the
Streets & Highways Code, the Commission hereby orders the Secretary to provide written notice
of the proposed contractual assessment program within the County to all water and electric
providers within the boundaries of the County not less than 60 days prior to adoption of the
Resolution Confirming Report.
Section 8. Report. The Commission hereby directs the Program Manager for the
CaliforniaFIRST Program to prepare and file with the Commission a report (the "Report") at or
before the time of the public hearing described in Section 6 above containing all of the following:
(a) A map showing the boundaries of the territory within which contractual
assessments are proposed to be offered, as set forth in Section 4 above.
(b) A draft contract (the "Contract") specifying the terms and conditions that would be
agreed to by California Communities and a property owner within the County. The Contract may
allow property owners to purchase directly the related equipment and materials for the
4
installation of the Authorized Improvements and to contract directly for the installation of such
Authorized Improvements.
(c) A statement of California Communities' policies concerning contractual
assessments including all of the following:
(1) Identification of types of Authorized Improvements that may be financed
through the use of contractual assessments.
(2) Identification of California Communities official authorized to enter into
contractual assessments on behalf of California Communities.
(3) A maximum aggregate dollar amount of contractual assessments in the
County.
(4) A method for setting requests from property owners for financing through
contractual assessments in priority order in the event that requests appear likely to
exceed the authorization amount.
(d) A plan for raising a capital amount required to pay for work performed pursuant
to contractual assessments. The plan may include amounts to be advanced by California
Communities through funds available to it from any source. The plan may include the sale of a
bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The
plan shall include a statement of or method for determining the interest rate and time period
during which contracting property owners would pay any assessment. The plan shall provide for
any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of
the costs incidental to financing, administration, and collection of the contractual assessment
program among the consenting property owners and California Communities.
(e) A report on the results of the consultations with the County Auditor -Controller
described in Section 10 below concerning the additional fees, if any, that will be charged to
California Communities for incorporating the proposed contractual assessments into the
assessments of the general taxes of the County on real property, and a plan for financing the
payment of those fees.
Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and
the interest and any penalties thereon, will constitute a lien against the lots and parcels of land
on which they are made, until they are paid. Unless otherwise directed by California
Communities, the assessments shall be collected in the same manner and at the same time
as the general taxes of the County on real property are payable, and subject to the same
penalties and remedies and lien priorities in the event of delinquency and default.
Section 10. Consultations with County Auditor -Controller, California Communities
hereby directs the Program Manager to enter into consultations with the County Auditor -
Controller in order to reach agreement on what additional fees, if any, will be charged to
California Communities for incorporating the proposed contractual assessments into the
assessments of the general taxes of the County on real property.
Section 11. Preparation of Current Roll of Assessment. Pursuant to Section
5898.24(c), California Communities hereby designates the Program Manager (or his/her
designee) as the responsible official for annually preparing the current roll of assessment
obligations by assessor's parcel number on property subject to a voluntary contractual
assessment.
Section 12. Procedures for Responding to Inquiries. The Program Manager shall
establish procedures to promptly respond to inquiries concerning current and future estimated
liability for a voluntary contractual assessment.
Section 13. Professionals Appointed. California Communities hereby appoints Jones
Hall, A Professional Law Corporation, San Francisco, California, as bond counsel to California
Communities in connection with the CaliforniaFIRST Program. The Commission hereby
authorizes and directs an Authorized Signatory of California Communities (as determined from
time to time by the Commission by separate resolution) to enter into appropriate agreements
with such firm for its services to California Communities in connection with the matters
addressed in this Resolution.
Section 14. Effective Date. This resolution shall take effect immediately upon its
adoption.
PASSED AND ADOPTED by the California Statewide Communities Development
Authority this _, 2012.
1, the undersigned, the duly appointed, and qualified member of the Commission of the
California Statewide Communities Development Authority, DO HEREBY CERTIFY that the
foregoing resolution was duly adopted by the Commission of said Authority at a duly called
meeting of the Commission of said Authority held in accordance with law on 2012.
M-
RESOLUTION NO. 2012-19
MARIN I
VER Y Al ITHOPITV
-Gu-
A RESOLUTION OF THE BOARD OF DIRECTO
THEMARIN ENERGY AUTHORITY SUPPORTING THE CITIES AND COUNTY
OF MEA TO ENROLL IN THE CALIFORNIA FIRST PACE FINANCING
PROGRAM AND AUTHORIZING MEA AS REGIONAL LIAISON FOR THE
PROGRAM
WHEREAS, the Marin Energy Authority ("MEA") is a joint powers authority
established on December 19, 2008, and organized under the Joint Exercise of
Powers Act (Government Code Section 6500 et seq.); and
WHEREAS, MEA members include the following MEA communities: the
County of Marin, the City of Belvedere, the Town of Corte Madera, the Town
of Fairfax, the City of Larkspur, the City of Mill Valley, the City of Novato, the City
of Richmond, the Town of Ross, the Town of San Anselmo, the City of
Sausalito, the City of San Rafael, and the Town of Tiburon; and
WHEREAS, the purpose of the Marin Energy Authority is to address climate
change by reducing energy related greenhouse gas emissions and securing
energy supply, price stability, energy efficiencies and local economic and
workforce benefits;
WHEREAS, It is the intent of MEA to promote the development and use of
a wide range of renewable energy sources and energy efficiency programs,
including but not limited to solar and wind energy production at competitive rates
for customers; and
WHEREAS, the upfront cost of financing is a major barrier to the installation
of energy efficiency and distributed generation improvements; and
WHEREAS, PACE financing programs are an innovative means to offering
Marin County residents and businesses a source of financing for accomplishing
these improvements; and
WHEREAS, the California FIRST program would provide a PACE financing
program locally with minimal investment on the part of the participating county
and cities; and
WHEREAS, MEA is authorized by charter to take actions to represent the
member jurisdictions in matters related to energy efficiency and distributed
generation;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Directors of the
Marin Energy Authority
1. The Board hereby encourages the County of Marin and each City
and town within the MEA's jurisdiction to opt into the California FIRST program,
enabling local residents and businesses to access financing through this
program for installation of energy efficiency and distributed generation
improvements.
2. The Board hereby authorizes MEA to act as regional liaison for
PACE activities as required by participation in this program, including but not
limited to preparation of draft Resolution documents for each MEA jurisdiction,
research and reporting on proposed changes to California FIRST program
design, and marketing, outreach, and lead generation activities to encourage
participation in the California FIRST financing program.
PASSED AND ADOPTED at a regular meeting of the Marin Energy
Authority Board of Directors on this first day of November by the following vote:
-1-Wl Wki
County of Marin
City of Belvedere
Town of Corte Madera
Town of Fairfax
City of Larkspur
City of Mill Valley
City of Novato
City of Richmond
Town of Ross
Town of San Anselmo
City of San Rafael
City of Sausalito
Town of Tiburon
CHAIR, MARIN ENERGY AUTHORITY BOARD
ATTEST:11
SECRETARY, MARIN ENERGY AUTHORITY BOARD
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Marin Independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals@marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS,1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004683273
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
111912012
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 9th day of November, 2012.
Signature
Legal No. 0004683273
CITY OF SAN RAFAEL
NOTICE OF PUALLIC HEARING
CONSIDERATION OF RESOLUTION TO JOIN THE
CAUFORNLAFIRST PROGRAM, ENABLING PROP-
ERTY OWNERS TO FINANCE RENEWABLE ENER-
GY, ENERGY EFFICIENCY AND WATER EFFICIEW
CY IMPROVEMENTS ON THEIR PROPERTY
THROUGH PROPERTY ASSESSMENTS
DATE/TIME; Monday. November 19, 2012 at
7:00 P.M.
LOCATIONS City Council Chambers.
1400 Fifth Avenue. San Rafael, CA
PURPOSE: To consider proposed participation
by the City of San Rafael in the CahfomlaFIRST
Program of the California Statewide Communi-
ties Deveiopprnent Authanty.,Participatian in the
CaiiforniaFIRST Program will enable property
owners to finance renewable energy, energy e -
ticiency and water efriciency improvements on
their property through the levy of contractual
assossmenis pursuant to Chapter 29 of Division
7 0# the Streets &Highways Gode ("Chapter
29") and the issuance of improvement bonds
under the Improvement Bond Act of 1915
(Streets and Highways Code Sections 8500 and
fallowing)upon the security of the unpaid con-
tractual assessments. Chapter 29 rovides that
assessments may be levied under its provi-
sions only with the free and willing consent of
the owner of each lot or parcel on which an as-
sessment is levied at the time the assessment
is levied,
PUBLIC COMMENTS: The full text of the
Resolution can be found at
www.CityofSanRafael.org/citymgr-green-home
/. Public comments are welcome and can be
submitted in writing to: Esther Beirne. City
Clerk, City of San Rafael, P.O. Box 151560, San
Rafael, CA 94915.1550. You may also hand de-
liver a letter prior to the meeting to City Hall.
1400 5th Avenue, downtown San Rafael.
FOR MORE INFORMATION: You may contact
Cory B,ytof, City of San Rafael Sustainability
Coordinator at (415) 485.3407 for more informa-
tion Monday through Friday, between 9:00 a.m.
and 5:00 p.m.
SAN RAFAEL CITY COUNCIL.
ESTHER BEIRNE
CITY CLERK, CITY Of SAN RAFAEL
—� By Jeanne ht. Leoncmi
Deputy City Clerk
NO.1713 November 9, 2012
Addendum to SRCC/SRSA
Agenda Item 5.c
November 19, 2012
Marin Independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals@marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS, 1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004683273
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
1119(2012
I certify for declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 9th day of November, 2012.
Legal No. 0004683273
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
CONSIDERATION OF RESOLUTION TO JOIN THE
CALIFORNIAFIRST PROGRAM, ENABLING PROP-
ERTY OWNERS TO FINANCE RENEWABLE ENER-
GY, ENERGY EFFICIENCY AND WATER EFFICIEW
CY IMPROVEMENTS ON THEIR PROPERTY
THROUGH PROPERTY ASSESSMENTS
DATE,MME: Monday. November 19, 2012 at
7:00 p.m.
LOCATION: City Council Chambers,
1400 Fifth Avenue, San Rafael, CA
PURPOSE: To consider proposed participation
by the City of San Rafael in the CaliforniaFIRST
Program of the California Statewide Communi-
ties Development Authority, Participation in the
CaliforniaFIRST Program will enable propertyty
owners to finance renewable energy, energy ef-
ficiency and water efficienc} improvements on
their property through the levy of contractual
assessments pursuant to Chapter 29 of Division
' of the Streets & Highways Code f"Chapter
29") and the issuance of improvement bonds
under the improvement Bond Act of 1915
'Streets and Highways Code Sections 8500 and
following) upon the security of the unpaid con-
tractual assessments. Chapter 29 rovides that
assessments may be levied under its provi-
sions only with the free and willing consent of
the owner of each lot or parcel on which an as-
sessment is levied at the time the assessment
is levied.
PUBLIC COMMENTS: The full text of the
Resolution can be found at
wvw,,v.0 ityofSanRafael.org/c ity mgr -green -home
A Public comments are welcome and can be
submitted in writing to: Esther Beirne, City
Clerk, City of San Rafael, P.G. Box 151560, San
Rafael, CA c1915-1560. You may also hand de-
liver a letter prior to the meeting to City Hail.
1400 50 Avenue, downtown San Rafael.
FOR MORE INFORMATION: You may contact
Cory Bytof, city of San Rafael Sustainability
Coordinator at (415) 485-3467 for more infortna-
tion Monday through Friday. between 7:00 a.m.
and 5:60 p.m.
SAN RAFAEL CITY COUNCIL
ESTHER BEI RNE
CITY CLERK, CITY OF SAN RAFAEL
By Jeanne M.Leoncini
DeputyCity Clerk
NO.1713 November 9, 2012
Jeannie Courteau
From: Lazarus, Donna [diazarus@marinij.com]
Sent: Friday, November 09, 2012 9:05 AM
To: Jeannie Courteau
Cc: LEGALS@MARINIJ.COM
Subject: 0004683273
Attachments: OrderConf.pdf.
t
OrderConf.pdf (87
KB)
PROOF OF PUBLICATION
LOGGING NUMBER 1713
COST $110.80
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
CONSIDERATION OF RESOLUTION TO JOIN THE CALIFORNIAFIRST PROGRAM,
ENABLING PROPERTY OWNERS TO FINANCE RENEWABLE ENERGY, ENERGY
EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS ON THEIR PROPERTY
THROUGH PROPERTY ASSESSMENTS
DATE/TIME: Monday, November 19, 2012 at 7:00 p.m.
LOCATION: City Council Chambers, 1400 Fifth Avenue, San Rafael, CA
PURPOSE: To consider proposed participation by the City of San Rafael in the
CalifornialFIRST Program of the California Statewide Communities
Development Authority. Participation in the CaliforniaFIRST
Program will enable property owners to finance renewable energy,
energy efficiency and water efficiency improvements on their
property through the levy of contractual assessments pursuant to
Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter
29") and the issuance of improvement bonds under the
Improvement Bond Act of 1915 (Streets and Highways Code
Sections 8500 and following) upon the security of the unpaid
contractual assessments. Chapter 29 provides that assessments
may be levied under its provisions only with the free and willing
consent of the owner of each lot or parcel on which an assessment
is levied at the time the assessment is levied.
PUBLIC The full text of the Resolution can be found at
COMMENTS: www.CityofSanRafael.orq/citymqr-green-home/. Public comments
are welcome and can be submitted in writing to: Esther Beirne, City
Clerk, City of San Rafael, P.O. Box 151560, San Rafael, CA 94915-
1560. You may also hand deliver a letter prior to the meeting to
City Hall, 1400 5th Avenue, downtown San Rafael.
FOR MORE You may contact Cory Bytof, City of San Rafael Sustainability
INFORMATION: Coordinator at (415) 485-3407 for more information
Monday through Friday, between 9:00 a.m. and 5:00 p.m.
SAN RAFAEL CITY COUNCIL
/s/ Esther Beirne
ESTHER BEIRNE
CITY
• CITY OF SAN RAFAEL
(Please publish in the Marin Independent Journal on Friday, November 9, 2012)
Marin independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
Iegals@marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS, 1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004683273
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
11/9/2012
I certify for declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 9th day of November, 2012
i
Signature
Legal No. 0004683273
CITY OF SAN RAFAEL
NOTICE OF PUBLIC NEARING
CONSIDERATION OF RESOLUTION TO JOIN THE
CALIFORNUIFIRST PROGRAM, ENABLING PROP`
ERTY OWNERS TO FINANCE RENEWABLE ENER,
BY, ENERGY EFFICIENCY AND WATER EFFICIEW
CY IMPROVEMENTS ON THEIR PROPERTY
THROUGH PROPERTY ASSESSMENTS
DATE MMEt Monday. November 19.2012 at
7:00 p.m.
LOCATION: City Council Chambers,
1400 Fifth Avenue. San Rafael, CA
PURPOSE: To consider proposed participation
by the City of San Rafael in the Ca ifornlaFIRST
Program of the California Statewide Communi-
ties Development Authority., Participation in the
CaliforniaFIFIST Program will enable property
owners to finance renewable energy, energy ef-
ficiency and water efficiency improvements on
their property through the levy of contractual
assessments pursuant to Chapter 29 of Division
7 of the Streets & Highways Code ("Chapter
29" and the issuance of improvement bonds
under the Improvement Bond Act of 1915
(Streets and Highways Code Sections 8500 and
following} upon the security of the unpaid con-
tractual assessments. Chapter 29 provides that
assessments may be levied under its provi-
sions only with the free and willin0 consent of
the owner of each lot or parcel on which an as-
sessment is levied at the time the assessment
is levied.
PUBLIC COMMENTS: The full text of the
Resolution can be found at
www.CityofSanRafael.org/citymgr-green-home
/. Public comments are welcome and can be
submitted in writing to: Esther Beirne, City
Clerk, City of San Rafael, P.O. Box 151560, San
Rafael, CA 94915.1560. You may also hand de-
liver a letter prior to the meeting to City Hall.
1400 5th Avenue, downtown San Rafael.
FOR MORE INFORMATIONt You may contact
Cory B,ytof, City of San Rafael Sustainability
Coordinator at (415) 485-3407 for more informa-
tion Monday through Friday, between 9:00 a.m.
and 5:00 p.m.
SAN RAFAEL CITY COUNCIL
ESTHER BEIRNE
CITY CLERK, CITY OF SAN RAFAEL
By Jeanne M. Leoncinni��
Deputy City Clerk
NO.1713 November 9.2012
Addendum to SRCC/SRSA
Agenda Item 5.c
November 19, 2012
Page 1 of 1
Jeannie Courteau
From: Cory Bytof
Sent: Monday, November 19, 2012 2:48 PM
To: Esther Beirne
Cc: Jeannie Courteau
Subject: Jeanne - answers to your questions re: my reso
Hi Jeanne,
I talked to Lisa and Jim.
1. 1 will correct that error about it not being an "ordinance"
2. 1 heard back from CaliforniaFIRST and the Exhibit is correct. Their language for my staff report
was incorrect.
I will clarify that the Exhibit referenced is different than what I said in the staff report, but is indeed the
correct one. So we do not need to copy and distribute the incorrectly referenced Exhibit.
3. The resolution I'm asking Council to pass is correct. It allows for non-residential as well should
that come online in the future. However, the current PACE program that California Communities
is starting is for commercial only. They would need to come up with a residential program and it
would need to be approved by the feds before that could come about. There will be a lot of
hoopla about it and although we would technically probably be able to begin without more
Council action, we would almost assuredly go before them again with an informational staff
report at the very least.
Thanks very much.
Cory Bytof
City of San Rafael
Sustainability and Volunteer Program
415.485.3407
www.CitvofSan Rafael ory — www.SanRafaelVolunteers.org
11/119/2 012
Marin independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals@marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS, 1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004683273
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566: that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
11/912012
1 certify (or declare] under the penalty of perjury that the foregoing
is true and correct.
Dated this 9th day of November, 2012.
v'
Signature
Legal No. 0004683273
CITY OF SAN RAFAEL
NOTICE OF PUBLIC NEARING
CONSIDERATION OF RESOLUTION TO JOIN THE
CAUFORNUIFIRST PROGRAM, ENABLING PROP-
ERTY OWNERS TO FINANCE RENEWABLE ENER-
GY, ENERGY EFFICIENCY AND WATER EFFICIEW
CY IMPROVEMENTS ON THEIR PROPERTY
THROUGH PROPERTY ASSESSMENTS
DATE/TIME; Monday. November 19, 2012 at
7:00 p.m.
LOCATIONS City Council Chambers,
1400 Fifth Avenue. San Rafael, CA
PURPOSE: To consider [proposed participation
by the City of San Rafael 'm the CallfornlaFIRST
Program of the California Statewide Communi-
ties Development Authority. Participation in the
CaliforniaFIRST program will enable property
owners to finance renewable energy, energy ef-
ficiency arra water efficiency improvements on
their property through the levy of contractual
assessments pursuant to Chapter 29 of Division
7 of the Streets & High:vays Code ("Chapter
29") and the issuance of improvement bonds
under the Improvement Bond Act of 1915
(Streets and Highways Code Sections &500 and
following) upon the security of the unpaid con-
tractual assessments. Chapter 29 rovides that
assessments may be levied under its provi-
sions only with the free and willing consent of
the owner of each lot or parcel on which an as-
sessment is levied at the time the assessment
is levied.
PUBLIC COMMENTS: The full text of the
Resolution can be found at
w,ww.Cityot5anRafael.org/citymgr-green-tiome
/. Public comments are welcome and can be
submitted in writing to: Esther Beirne, City
Clerk, City of San Rafael, P.G. Box 151560, San
Rafael, CA c 4915-1560. You may also hand de-
liver a letter prior to the meeting to City Hall.
1400 5th Avenue, downtown San Rafael.
FOR MORE INFORMATION: You may contact
Cory pytof. City of San Rafael Sustainability
Coordinator at (415) 485-34.07 for more informa-
tion Monday through Friday, between 9:00 a.m.
and 5:00 p.m.
SAN RAFAEL CITY COUNCIL
ESTH£R BEIRNE
CITY CLERK, CITY GF SAN RAFAEL
By Jeanne M. Leoncinr
Deputy City Clerk
NOAT13 November 9, 2012
Page I of I
Jeannie Courteau
From: Cory Bvtof
Sent: Tuesday, January 22.2O131:55PW1
To: JennnieCourteau
Subject: For Jeanne - address
Hi Jeannie,
This is what Jeanne asked me to get her this morning. Please pass along. Thanks!
ADDRESS California Communities@
2999 Oak Rd., Suite 710
Walnut Creek, CA 94597
PHONE (925) 933-9229
(800) 635-3993
FAX (925) 933-8457
EMAIL infoacacommunities.org
[oryByto
City ofSan Rafael
Sustainability and Volunteer Program
415.485.3407
wwwIitvof5anRafaeions—www.SanRafaeiVo|untee/s.orA
)/22/2Ol3
Marin independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals@marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS, 1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004683273
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Marin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
11!9!2012
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 9th day of November, 2012,
1;
Signature
Legal No. 0004683273
CITY OF SAN RAFAEL
NOTICE OF PUBLIC HEARING
CONSIDERATION OF RESOLUTION TO JOIN THE
CALIFORNIAFIRST PROGRAM, ENABLING PROP-
ERTY OWNERS TO FINANCE RENEWABLE ENER-
GY, ENERGY EFFICIENCY AND WATER EFFICIEW
CY IMPROVEMENTS ON THEIR PROPERTY
THROUGH PROPERTY ASSESSMENTS
DATE/TIME: Monday. November 19, 2012 at
7:00 p.m.
LOCATION: City Council Chambers,
1400 Fifth Avenue. San Rafael, CA
PURPOSE: To consider proposed participation
by the City of San Rafael in the CaliforniaFIRST
Program of the California Statewide Communi-
ties Development Authority., Participation in the
CalifornYAFIRST Program will enable property
owners to finance renewable energy, energy e -
ficiency and water efficiency improvements on
their property through the levy of contractual
assessments pursuant to Chapter 29 of Division
7 of the Streets & Highways Code ("Chapter
29") and the issuance of improvement bonds
wider the Improvement Bond Act of 1915
(Streets and Highways Code Sections 8500 and
following) upon the security of the unpaid con-
tractual assessments. Chapter 29 rovides that
assessments may be levied under its provi-
sions only with the free and willing consent of
the owner of each lot or parcel on which an as-
sessment is levied at the time the assessment
is levied.
PUBLIC COMMENTS: The full text of the
Resolution can be found at
www.0 ityofSanRafael .org/c ity mg r -g reen -home
/. Public comments are welcome and can be
submitted in writing to: Esther Beirne, City
clerk, City of San Rafael, P.G. Box 151560, San
Rafael, CA 94915-1560. You may also hand de-
liver A letter prior to the meeting to City Hail.
1400 5th Avenue. downtown San Rafael -
FOR MORE INFORMATION: You may contact
Cary aytof, City of San Rafael Sustainability
Coordinator at (415) 485-3407 for more informa-
tion Monday through Friday, between 9:00 a.m.
and 5:00 p.m.
SAN RAFAEL CITY COUNCIL
ESTHER BEIRNE
CITY CLERK, CITY OF SAN RAFAEL
y Jeanne 1. teoncini
Deputy City Clerk
NO.1713 November 9. 2012
CITY OF SAN RAFAEL
.. a — a ■ w • A •
w
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA/ SRCC AGENDA ITEM NO. 5.c
DATE OF MEETING: November 19, 2012
'• Cory Bytof
DEPARTMENT: City Manager
DATE: November 13, 2012
TITLE OF DOCUMENT:
RESOLUTION AUTHORIZING THE CITY OF SAN RAFAEL TO JOIN THE CALIFORNIAFIRST
PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT
CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS
WITHIN THE TERRITORY OF THE CITY; DESIGNATING MARIN ENERGY AUTHORITY AS A
LIAISON TO THE PROGRAM ON BEHALF OF THE CITY; AND AUTHORIZING RELATED
ACTIONS
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL I AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
-4
City Manager (signature) City Attorney (signature)
