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Imf 1/22/18 <br />RESOLUTION NO. 2018 -XXX <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />SANTA ANA CONSENTING TO THE INCLUSION OF <br />PROPERTIES WITHIN THE TERRITORY OF THE CITY IN <br />THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY <br />OPEN PACE PROGRAMS; AUTHORIZING THE <br />CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO <br />ACCEPT APPLICATIONS FROM PROPERTY OWNERS, <br />CONDUCT CONTRACTUAL ASSESSMENT <br />PROCEEDINGS, AND LEVY CONTRACTUAL <br />ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; <br />AND AUTHORIZING RELATED ACTIONS <br />WHEREAS, the California Municipal Finance Authority ("Authority") is a joint <br />exercise of powers authority, the members of which include numerous cities and counties <br />in the State of California, including the City of Santa Ana ("City); and <br />WHEREAS, the Authority is implementing Property Assessed Clean Energy <br />(PACE) programs, which it has designated CMFA Open PACE, consisting of CMFA Open <br />PACE programs each administered by a separate program administrator (collectively with <br />any successors, assigns, replacements or additions, the 'Programs"), to allow the <br />financing or refinancing of renewable energy, energy efficiency, water efficiency and <br />seismic strengthening improvements, electric vehicle charging infrastructure, and such <br />other improvements, infrastructure or other work as may be authorized by law from time <br />to time (collectively, the 'Improvements") through the levy of contractual assessments <br />pursuant to Division 7, Part 3, Chapter 29 of the California Streets and Highways Code <br />("Chapter 29") within counties and cities throughout the State of California that consent <br />to the inclusion of properties within their respective territories in the Programs and the <br />issuance of bonds from time to time; and <br />WHEREAS, the program administrators currently active in administering Programs <br />are Energy Efficient Equity, Inc.; BlueFlame PACE Services LLC; OnPACE Energy <br />Solutions, LLC; Petros PACE Administrator, LLC; Structured Finance Associates, LLC; <br />and Twain Community Partners II LLC; and whereas the Authority will notify the City in <br />advance of any additions or changes; and <br />WHEREAS, Chapter 29 provides that assessments may be levied under its <br />provisions only with the free and willing consent of the owner or owners of each lot or <br />parcel on which an assessment is levied at the time the assessment is levied; and <br />WHEREAS, the City desires to allow the owners of property ('Participating <br />Property Owners") within its territory to participate in the Programs and to allow the <br />Authority to conduct assessment proceedings under Chapter 29 within its territory and to <br />issue bonds to finance or refinance Improvements; and <br />Resolution No. 2018 -XXX <br />Page 1 of 4 <br />55C-5 <br />