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HomeMy WebLinkAbout06/30/2014BAKERSFIELD Staff: Steven Teglia, Assistant to the City Manager 1. ROLL CALL Committee mer Willie Rivera, Ch� Ken Weir Terry Maxwell REGULAR MEETING OF THE BUDGET AND FINANCE COMMITTEE of the City Council - City of Bakersfield Monday, June 30, 2014 12:00 p.m. City Hall North 1600 Truxtun Avenue, Bakersfield, CA 93301 First Floor, Conference Room A AGENDA 2. ADOPT APRIL 28, 2014 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Update Report and Committee Recommendation regarding th� Participating in the PACE/HERO Program - Teglia B. Continued Discussion regarding Funding for TRIP Projects - Tandy 5. COMMITTEE COMMENTS BAKERSFIELD /s / ste�v�w Te,g (,i,a� Staff: Steven Teglia Assistant to the City Manager AGENDA SUMMARY REPORT REGULAR MEETING OF THE BUDGET AND FINANCE COMMITTEE Committee Mei Willie Rivera, Cr Ken Weir Terry Maxwell Monday, April 28, 2014 12:00 p.m. City Hall North - Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:04 p.m. 1. ROLL CALL Committee members: Councilmember Willie Rivera, Chair Vice Mayor Ken Weir Councilmember Terry Maxwell - Absent City Staff: Alan Tandy, City Manager Rhonda Smiley, Assistant to the City Manager Steven Teglia, Assistant to the City Manager Chris Huot, Assistant to the City Manager Caleb Blaschke, Management Assistant-City Manager's Office Virginia Gennaro, City Attorney Joshua Rudnick, Deputy City Attorney Nelson Smith, Finance Director Tera Loveless, Accountant II - Financial Services Randy McKeegan, Accounting Supervisor - Financial Services Art Chianello, Water Resources Manager Nick Fidler, Acting Public Works Director AGENDA SU� Budget and Finance Comr Monda� 2. ADOPT FEBRUARY 26, 2014 AGENDA SUMMARY REPORT The Report was unanimously adopted as submitted. Note: It was incorre on the agenda as the January 27, 2014 Agenda Summary Report. 3. PUBLIC STATEMENTS None 4. NEW BUSINESS A. Discussion reqardinq the Open Gov Budqet Data Sharinq Webs Finance Director Smith reported that Councilmember Johnson item to Committee at the City Council meeting on March 5, 201 Public Statement portion of that meeting, a brief presentation Gov software was given by a representative of the Kern Citizens fc Government. He stated that the City is in support of transparency, and has, fo posted financial statements and all Budget documents on the w is fully accessible by the public. Further, the Government Fin� Association (GFOA) requires a high level of disclosure and trans� the City of Bakersfield has repeatedly met that criterion, as e multiple awards bestowed on the City by the Association. Staff researched both the Open Gov software and a product another firm, Socrata. Cost estimates were received. The yearl Open Gov software is $12,000 and $22,000 per year for the Socrat Assistant to the City Manager Budget information posted on navigational tools. The format documents from 1999 forward, posted. Huot provided a practical ovE the City's website, including ho is considered to be user friendl� including a condensed "Budget At the Committee's request, Finance Director Smith accessed tr website, and presented a random overview of its capabilities. that it is an alternative method to viewing the information th available on the City's website. City Manager Tandy added that other than being able to preferred type of chart, all of the information is the same as � /VIY/�NN\/ NNP NNN NNP NNN T/�Y N I/�NN �IVY1/� AGENDA SU� Budget and Finance Comr Monda� Committee Chair Rivera asked when the City's Budget informat posted on our website. Assistant to the City Manager Huot said that it will be posted the City Council meeting during which the Council is provided thE The Telecommunications Division will upload the entire Counci viewing, also. Committee member Weir asked if there is any advantage to the software. City Manager Tandy said that staff does not see an advc information is posted in both comprehensive and condensed fc public. Committee member Weir asked if staff had received any negati� from the public about the Budget that is posted online. Both City Manager Tandy and Finance Director Smith said that � are received; and in response to those that are, those individu walked through the online document, provided with a DVD of tr or provided with an electronic copy of the specific section thE see. Committee member Weir asked if this would be an added budget process, or if would change that process. Finance Director Smith said that the process itself would not cha� involve extra work on staff's part, however, as they would have tc information the first time, then update the data on an annua believes that it would not be worth the effort or expense for the fE who look at the Budget online. City Manager Tandy added that there would be no benefit to sta Committee member Weir asked if there were any pending stc issues that would require a standardization of formatting betv� counties. Citv Manaaer Tandv said that GFOA does not have specific form� AGENDA SU� Budget and Finance Comr Monda� Committee member Weir said that perhaps this could be kept ir future, but he does not see a use for it at the present time. Committee Chair Rivera agreed with that statement. He mentic City's website is in need of update. 5. DEFERRED BUSINESS A. Update on Validation Action City Attorney Gennaro provided a verbal report on the proc current status of the City's action. She said that this is a Court prc City is using to approve or validate sources of funding and borrc be used for TRIP projects. The City's validation action was filed in Kern County Super November 13, 2013. The City is represented by Neil Arney and Iv Kutak Rock, LLP. Mr. Reppe has made presentations to the City C topic. The process involves statutory time limitations, after which adequ and testimony is presented to the Court. If an objection is filec becomes more complicated and lengthy. An administrative re� created, and a hearing is scheduled. In the City's case, an objec by the Westpark Homeowners Association, which is represented � of Brumfield and Hagan. Two status conferences have been held, and the case will a� Judge David Lampe, who set a follow-up case management c� May 21, 2014. The City Clerk is working diligently to put the c record together, and it is estimated, when finalized, to contain ; pages for the Court's review. It is the City's intention t� administrative record with the Court by May 21, 2014. Judge La schedule a hearing date for oral arguments and provide a receipt of required backup documentation from both parties. currently calendaring hearings in March of 2015, so there will waiting period. City Manager Tandy stated that the City will not need to formall funds for at least two years, so the delay wi►I not encroach upon tl B. Continued Discussion reaardina Fundina for TRIP Projects r� _ __ _ __ _'ll _ _ __ _ _ __ _ 1_ _ __ \ I ___ _ _ _ II __ _ I _ _ _I ll_ __1 _I_ _ _ 1 _ I_ ' _ ___ TO: FROM: SU BJ ECT: � B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM June Alan Tandy, City Manager Steven Teglia, Assistant to the City Manager s� Residential Property Assessed Clean Energy (PACE) Prograr� On February 26, 2014, staff provided the Budget and Finance Cc (Committee) with an update regarding the status of residential PACE � in California. This discussion included the potential of the City of Bc joining the HERO Residential PACE program. Staff provided the cc members with a packet of information related to residential PACE and t program (that information is provided once again for reference). During the committee discussion staff conveyed concern in moving forv� joining the HERO program at the time, due to the position the Federal Finance Agency (FHFA) had taken regarding "first-lien" residenti� programs. In response to the process to create a concerns. the FHFA position, the state of California had loss reserve fund, in an attempt to mitigat� At the conclusion of the February 26th meeting, staff requested morE evaluate the impact of the loss reserve fund on FHFA's position. The Cc concurred with this request and directed staff to come back to the Cc or the full council as appropriate. Since that time, staff has received a copy of a letter from FHF� � B A K E R S F I E L D OFFICE OF THE CITY MANAGER MEMORANDUM February 2 TO: Alan Tandy, City Manager FROM: Steven Teglia, Assistant to the City Manager �' SUBJECT: Residential Property Assessed Clean Energy (PACE) Program � During the February 12, 2014 City Council Meeting, several public sp spoke in favor of the City joining the HERO Residential PACE program. Fol those statements, Councilmember Rivera referred the issue to the Buc Finance Committee for further discussion. Background: In 2008, the State of California approved legislation that enabled countiE cities to create PACE Programs to provide a mechanism for property owi fund energy and water efficiency and other renewable energy projects � their property as collateral. The legislation authorized the creation of asse� districts, whereby commercial and residential property owners could finan upfront capital costs of these projects and repay the amount financed tr a contractual assessment on their property. The contractual assessmer recorded as a lien (in most cases a priority lien) against the subject prc entered in the County roll and collected through the property owner's ta> the same time and in the same manner as traditional property assessmenl concept is that the assessments that repay the efficiency project loan a plus interest run with the property until the repayment term expires (Exhibit In response to this movement, some cities and counties began to s� administer and fund local PACE programs. At the same time, several stat Resid Febru< In 2010, the City of Bakersfield and the County of Kern joined a large n other cities and counties throughout California in approving participati CaliforniaFIRST PACE program. This program was sponsored by � Communities, a Joint Powers Authority established by the League of c Cities and the California Association of Counties. Again, this was dc effort to provide City residents and businesses with the opportunity to statewide PACE financing program. In April of 2013, the City expanded PACE program opportunities for City and businesses by joining a second statewide PACE program sponsore California Enterprise Development Authority, a statewide Joint Powers similar to California Communities. This PACE program is commonly refer the Figtree PACE Program, based on the name of the financing com� administers it. Federal Housing Finance Agency (FHFA) Issue: FHFA is an independent federal agency which supervises and regulatE Mae, Freddie Mac and the 12 Federal Home Loan Banks. Togetr enterprises own or guarantee more than $5 trillion in residential mortgc July 6, 2010, FHFA issued a statement raising concerns regarding PACE K (Exhibit B). FHFA's primary concerns were related to the first-lien positio► through the PACE programs and the effects that position could mortgages, either owned or guaranteed by Fannie and Freddie. In follow-up to the July statement, FHFA issued a February 28, 2011 which prohibited Fannie and Freddie from purchasing mortgage loans by properties with outstanding first-lien PACE obligations and to undertc steps necessary to "protect their safe and sound operations from thesf PACE programs" (Exhibit C). Those other steps included: • Carefully monitoring, through their seller-services any progrc create such first-lien obligations; • Continuing to operate in accordance with Lender Letters c undertake other steps necessary to protect their safe anc , operations from these first-lien PACE programs. ' As a result of FHFA's reaction to PACE programs with priority lien com v.r.....1 �A/'`C ....................,... .,l...l���l _.�_1 _.tl-- ------ 1��--- - -�-- --- - -� t- - Resident February Home Energy Renovation Opportunity (HERO) Program: Sponsored by the Western Riverside Council of Governments (WRCOC HERO program functions similar to the CaliforniaFIRST and Figtree progr that it is avaitable to all cities and counties (through joining WRCOG associate member). The HERO program continued to develop and imp�. its residential PACE option irrespective of the response from FHFA dis� above. The HERO program has been primarily established in the Cour Riverside, San Bernardino, Orange and San Diego. However, new addit this list appear to be occurring on a regular basis with several cities and cc poised to join the program. California Response to FHFA: In an effort to respond to FHFA's concerns, Governor Brown signed SB 96 ir in September of 2013. This legislation authorized the California Altei Energy and Advanced Transportation Financing Authority (CAEATf establish a PACE Loss Reserve Program (Exhibit D). The reserve fund reimburse residential PACE programs for costs associated with kE mortgage interests whole in the event of a foreclosure or forced sale. C� is currently in the process of adopting emergency regulations to establ PACE Loss Reserve Program. This process is proposed to be complete a regulations to be effective by March 9, 2014. It is unclear at this time if this Loss Reserve Program will resolve the concer have been put forth by FHFA or if FHFA will provide comment prior implementation of the regulations in early March. Staff has been in p� contact with FHFA's General Counsel regarding residential PACE and the� clear at the time that their objection to the first-lien component of programs remained. Staff has attempted on several occasions to again out to FHFA to solicit feedback regarding the impact of the Loss R Program and the proliferation of the HERO program, but has yet to rec response. Staff was able to obtain a letter authored by FHFA in respons request by San Diego County, when they were considering a residential program, (Exhibit E) which again provides insight into FHFA's position. Conclusion: Staff has been involved in and tracking the development of PACE prc since 2008. Currently, the City offers its residents PACE financing oppori through two sources; the CaliforniaFIRST PACE program and the Figtree r�rnnr�m C�III'I"At1tIV rlAlti'1A1' nf thc�ca nYl�innc r�rnvirlcc n rc�cirion�irrl r�r�mr� Resid� Febru< A recent update provided by the CaliforniaFIRST program did indicate t state Loss Reserve Program is established, without comment from FHFA, would begin moving forward with a residential PACE option by the sprin To date, due to the uncertainty of the potential impact on the res Bakersfield with respect to FHFA's current position and directives to Fa� Freddy, staff has been reluctant to bring forward approval of any RE PACE option, such as the HERO program. Staff is concerned that accE secondary mortgage market could be impacted if a residential PACE was established, thus impacting residents opportunities to sell or refina homes. Staff maintains the position that it would be prudent to allow more timE and evaluate the impact of and reaction to residential PACE programs HERO, before moving forward with residential PACE in Bakersfield. establishment of the California Loss Reserve Program proves to be a sc the concerns of FHFA and other residential PACE programs move foi indicated, joining the WRCOG HERO program would be advisable at tl Staff should have a good indication in the next month or two if circur have changed enough to warrant moving forward with Residential PAC cc: Dovg Mclsaac, Community Development Director Nelson Smith, Finance Director Virginia Gennaro, City Attorney � � � • Summary Articles Regarding Residential PACE and the HERO Program CaliforniaFIRST ��� � . . � £F;. .�a r�;;:}�a� � �al �f�rr���Fi R�T Skip tc� content • Property Owners • (�ontractc�rs • Participating 1�reas • A,�It� • Contact V iei�� all Neti�,�s rltom feed 2013-08-25 Page 1 of 4 Residential PACE Energy Programs Pursue Innovative Approaches Although the Federal Housing Finance Agency (FHFA) has created strict requirements for residential property-assessed clean energy (PACE) programs, a few states and cities are continuing to develop programs and pass legislation. PACE programs make it possible for homeowners to finance energy efficiency retrofits and pay for them gradually through property assessments. To avoid putting homeowners at risk, some programs are attempting to work within the guidelines of the FHFA by making PACE liens lower-priority than mortgages, providing insurance for them, providing homeowners with disclaimers, and/or exploring other legal options. These limitations don't apply to commercial PACE programs, which are growing and thriving in many states. A FHFA Statement Stalled the Growth of PACE Programs In July 2010, the new residential PACE movement nearly stalled. The FHFA, newly created to protect the damaged housing market, issued a statement saying PACE iinancing would pose substantial risks to lenders and the loans "do not have the traditional community beneiits associated with taxing initiatives." The FHFA also expressed skepticism about the performance of the retrofits and the resulting energy savings. The agency advised Fannie Mae and Freddie Mac to avoid buying mortgages for properties with PACE assessments. The FHFA has said that if communities go ahead with PACE programs that take precedence over mortgages and do not meet the FHFA criteria, it will direct Fannie Mae and Freddie Mac to tighten local loan-to-value ratios and make local income criteria stringent. Thus far, FHFA has not taken such measures with any communities. "It took us by surprise," said Cliff Staton, executive vice president of Renewable Funding, a company https://californiafirst.org/news/residential�ace_energy�rograms�ursue_innovative_appr... 2/ 18/2014 CaliforniaFIRST Page 2 of 4 that provides financing and technology to advance clean energy. "We knew they had concerns about it, but there were many players in the administration who were actively supporting PACE — and trying to, in fact, spend hundreds of millions of dollars in DOE funding around the country." Lawsuits and Proposed Legislation Have Not Altered the Picture A large network of concerned organizations has challenged the FHFA's statement through both lawsuits and legislation. But the FHFA's position remains unchanged. "The timing of the rollout of PACE programs was difficult for FHFA and Fannie Mae and Freddie Mac," Staton said. "They were suffering the worst of the housing meltdown. From their standpoint, I could see how it might seem like a potential problem." "The FHFA was created by Congress in response to the market meltdown," said David Gabrielson, Executive Director of the advocacy organization PACENow. Staton said the legislative challenge to the FHFA's position came from a congressional bill that was introduced by Rep. Mike Thompson, D-Calif., in 2010. Despite widespread bipartisan support, the bill became mired in gridlock and did not pass. "We got over 50 co-sponsors for that bill in the House ranging the political spectrum from very liberal to very conservative," Staton said. The supporters included hundreds of organizations from Fortune 500 companies to environmental organizations and chambers of commerce. The broad bipartisan appeal of PACE programs is due to their job creation potential, minimal cost to governments, and reduction of greenhouse gas emissions, Staton said. Local government rights are also an important issue. He said conservatives thought the FHFA, as a federal organization, should not dictate to states and localities that they should steer clear of creating PACE programs. A few lawsuits were filed in response to the FHFA statement, but all of them have no��� run out of steam without successfully pressuring the FHFA to change its position. The first two lawsuits, from communities in New York and Florida, were dismissed. Another lawsuit in California made progress until the U.S. Court of Appeals for the 9th Circuit stated the FHFA was acting as a conservator of the public good and could not be pressured legally into changing its opinion. Residential PACE Programs Are Moving Forward Many states and municipalities have legislation that enables residential PACE. Some even have residential PACE programs. These programs are continuing to advance and find innovative ways to address the stringent requirements of the FHFA. According to Gabrielson, state and local governments have taken a number of different approaches to residential PACE as a result of the FHFA's positions. There are several approaches municipal and county programs can take if they want to pursue residential PACE. Some have chosen to make PACE a junior lien with lower priority than mortgage paym.ents. Staton said four states have taken this approach — Vermont, Oklahoma, Maine and Rhode Island. However, this approach is less attractive to investors than senior-lien PACE is, Staton said. Gabrielson said Vermont Energy Investment Corporation has taken this approach to attract investors https://californiafirst. org/news/residential�ace_energy�rograms�ursue_innovative_appr... 2/ 18/2014 CaliforniaFIRST Page 3 of 4 to its subordinate lien program and has used funds from the Regional Greenhouse Gas Initiative to insure PACE loans. The organization also collects an insurance premium from each participating homeowner. Some municipal and county programs keep PACE as a senior lien, providing disclaimers for homeowners enrolling in the programs. Western Riverside Council of Governments has taken this approach in California with the HERO Program. According to Staton, homeowners have been responsive to the program. Laura Franke, a senior managing consultant at Public Financial Management, a government and nonprofit financial advisory firm, said the HERO program's developers have met with the FHFA's general counsel. The program addressed the FHFA's requirements by giving homeowners two cautionary messages. The first message tells homeowners they should review their mortgages for any provisions that may be triggered by the assessment. The second message says they may have to pay off their assessments when they sell or refinance their homes. HERO Programs are expanding their reach throughout California. Franke said 31 cities in five counties have passed resolutions authorizing participation in a statewide program. She also said another HERO Program is being launched in San Bernardino County. This program will include 23 cities. Existing PACE Programs Are Performing Well The FHFA's concerns about risk have not been borne out by existing PACE programs thus far. Gabrielson co-signed a lengthy statement addressed to the FHFA that cited the successzs of residential PACE to date. The statement provides evidence that PACE retrofits increase the value of homes. It also says PACE does not affect the decisions of home appraisers. Some evidence shows PACE retrofits may reduce the risk of defaults on mortgages by making energy more affordable. "They think homeowners might go into default," Staton said. "That's not been happening. People are not going into default." Gabrielson said research from California shows that in three PACE programs with a total of around 3,000 homes, the default rate for mortgages has been less than one percent. "Energy-efficient homes sell for a premium," Gabrielson said. The statement came from over 29 organizations ranging from the American Council for an Energy- Efficient Economy to the Vote Solar Initiative. According to the statement, over 3,000 comment letters were submitted to the FHFA in support of residential PACE programs. This story was originally published in the Clean Energy Finance Center's newsletter, the Clean Energy Finance Source. To subscribe, please visit the Clean Energy Finance Center website. • f�bor�Xi C;alifc�r�lia�'IRST • Fc�r I:,enc�eE-s • Fc7r Gavernn�ents • News https://californiafirst. org/news/residential�ace_energy�rograms�ursue_innovative_appr... 2/ 18/2014 HERO PACE Poised to Move into Most of California .�'�.;. cieantechnica.com Page 1 of 2 hltp�i/clean!e�hi�i:z.corr;zQ14/C2i14/hero-pace-5nancing-poise� move-califerniai HERO PACE Financing Poised To Move Into Most Of California Rov t. tia�c�s Orrc�inaUy put�lished on the ECOrepo�#. A little more than two years since it was launched in Riverside County, the Home Energy Ftenovatio�3 Opportunity (HERQ) financing program is on the verge of an expansion that will soon be accessible to 70% of Californians. "The past two years have confirmed that California cities are deriving great economic benefits from the HERO program," said Dean Hollander, HERO spokesperson. "We're excited to be expanding into more than 100 California communities in 2014." Homeowners who receive HERO financing for Property Assessed Clean Energy (PACE) repay the debt through property taxes and the interest is tax deductible. This investment will stay with the property, if the homeowner sells, and the annual payments are often much lower than their current electric bills. Furthermore, the rate is fixed and that means a lot at a time when utility bills keep getting bigger. HERO officially entered San Bernardino Counry during October 2013, but it started lining up solar companies a month before that. The installers immediately sought out customers and millions of dollars worth of work were waiting by the time HERO officially launched. The same thing is happening in San Diego right now. The cities of Carlsbad, Oceanside, Vista, San Marcos, Solana Beach, and Lemon Grove have all opted to offer homeowners HERO PACE Financing. HERO has set up classes for contractors who want to utilize their program. "I believe this will have a huge impact on the solar industry, home performance and HVAC," said Ken Jutso, of ASI Heating and Air. "We had an introduction to the program last week. We have 3 day long trainings this week. Chula Vista is scheduled to have their own version by March." Siillivari Solar Power has issued a news release in which it states, "An informational HERO Financing seminar will be held on March 22, at the Oceanside Public Library from 11 a.m.-12 p.m." The program is about to enter more than 100 cities throughout California. HERO is moving onto the Sacramento area and Southern Los Angeles County. The cities of Fresno, San Jose, and Newport Beach are all coming into the program. HERO PACE can accommodate up to 3 million additional households in 2014. In the 25 months since the HERO program first started, $200 million dollars have been allocated and an additional $300 million has been approved. Most of that went into Riverside county, but $110 million worth of applications have been approved in San Bernardino County. A number of solar contractors appeared today before the council in Bakersfield, to ensure that the residents of their city are among them. Photo at top of page: AURE Solar Pawer at the home of San Diego's East County Solar Guy.� Tags: bakersfield, Bakersfi�Id solar, California, california pace, Carlsbed, Carlsbad solai, Hero, NERO financing, HF_RG PACF Financing, financinc�, Lemon Grove, Lemon Grove solar, Oceanside, Beach, Solana B�ach soiar, Sullivan Solar Power, Vista, Homa Energy Ranovation �ppoifunity, Home Energy Rencvation Opportunity Oceanside solar, Pf�CE financiny, Riverside County, riverside salar, San Marcos, San Marcos solar, 5olana vista splar http://cleantechnica.com/2014/02/14/hero-pace-financing-poised-move-california/ 2/18/2014 � � � � • July 6, 2010 Statement from FHFA FEDERAL HOUSING FINANCE AGENCY For Immediate Release July 6, 2oio STATEMENT Contact: Corinne Russell Stefanie Mullin FHFA Statement on Certain Energy Retroiit Loan Programs (202) 4i4-69 (202) 4i4-63 After careful review and over a year of working with federal and state government agencies, i Federal Housing Finance Agency (FHFA) has determined that certain energy retrofit lendin� programs present significant safety and soundness concerns that must be addressed by Fanr. Mae, Freddie Mac and the Federal Home Loan Banks. Specifically, programs denominated � Property Assessed Clean Energy (PACE) seek to foster lending for retrofits of residential or commercial properties through a county or city's tax assessment regime. Under most of thes programs, such loans acquire a priority lien over existing mortgages, though certain states h< chosen not to adopt such priority positions for their loans. First liens established by PACE loans are unlike routine tax assessments and pose unusual a� difficult risk management challenges for lenders, servicers and mortgage securities investors The size and duration of PACE loans exceed typical local tax programs and do not have the traditional community benefits associated with taxing initiatives. FHFA urged state and local governments to reconsider these programs and continues to call a pause in such programs so concerns can be addressed. First liens for such loans represent key alteration of traditional mortgage lending practice. They present significant risk to lendE and secondary market entities, may alter valuations for mortgage-backed securities and are � essential for successful programs to spur energy conservation. While the first lien position offered in most PACE programs minimizes credit risk for investc funding the programs, it alters traditional lending priorities. Underwriting for PACE progra: results in collateral-based lending rather than lending based upon ability-to-pay, the absencE Truth-in-Lending Act and other consumer protections, and uncertainty as to whether the ho improvements actually produce meaningful reductions in energy consumption. Efforts are just underway to develop underwriting and consumer protection standards as we as energy retrofit standards that are critical for homeowners and lenders to understand the risks and rewards of any energy retrofit lending program. However, first liens that disrupt a fragile housing finance market and long-standing lending priorities, the absence of robust On May 5, 2oio, Fannie Mae and Freddie Mac alerted their seller-servicers to gain an understanding of whether there are existing or prospective PACE or PACE-like programs in jurisdictions where they do business, to be aware that programs with first liens run contrary to the Fannie Mae-Freddie Mac Uniform Security Instrument and that the Enterprises would provide additional guidance should the programs move beyond the experimental stage. Those lender letters remain in effect. Today, FHFA is directing Fannie Mae, Freddie Mac and the Federal Home Loan Banks to undertake the following prudential actions: i. For any homeowner who obtained a PACE or PACE-like loan with a priority first lien prior to this date, FHFA is directing Fannie Mae and Freddie Mac to waive their Uniform Security Instrument prohibitions against such senior liens. 2. In addressing PACE programs with first liens, Fannie Mae and Freddie Mac should undertake actions that protect their safe and sound operations. These include, but are not limited to: - Adjusting loan-to-value ratios to reflect the maximum permissible PACE loan amount available to borrowers in PACE jurisdictions; - Ensuring that loan covenants require approval/consent for any PACE loan; - Tightening borrower debt-to-income ratios to account for additional obligations associated with possible future PACE loans; - Ensuring that mortgages on properties in a jurisdiction offering PACE-like programs satisfy all applicable federal and state lending regulations and guidance. Fannie Mae and Freddie Mac should issue additional guidance as needed. g. The Federal Home Loan Banks are directed to review their collateral policies in order to assure that pledged collateral is not adversely affected by energy retrofit programs that include first liens. Nothing in this Statement affects the normal underwriting programs of the regulated entities or their dealings with PACE programs that do not have a senior lien priority. Further, nothing in these directions to the regulated entities affect s in any way underwriting related to traditional tax programs, but is focused solely on senior lien PACE lending initiatives. FHFA recognizes that PACE and PACE-like programs pose additional lending challenges, but also represent serious efforts to reduce energy consumption. FHFA remains committed to working with federal, state, and local government agencies to develop and implement energy retrofit lending programs with appropriate underwriting guidelines and consumer protection standards. FHFA will also continue to encourage the establishment of energy efficiency standards to support such programs. FfS� The Federal Housing Finance Agency regulates Fannie Mae, Freddie Mac and the i2 Federal Home Loan Banks. These gouernment-sponsored enterprises provide more than $5.9 trillion in funding for the U.S. mortgage markets and financial institutions. Announcement SEL-2010-12 Options for Borrowers with a PACE Loan August 31, On July 6, 2010, the Federal Housing Finance Agency (FHFA) issued a statement reg Property Assessed Clean Energy (PACE) loan programs. PACE loans are made by local finance residential energy improvements and are generally repaid through the homeownei estate tax bill. In its July 6 statement, FHFA advised that PACE programs that provl automatic lien priority over mortgage loans pose safety and soundness risk to mo investors. The purpose of this Announcement is to issue additional lender requirements to address risks, and to issue special instructions regarding Fannie Mae borrowers who obtained loans prior to July 6, 2010. The Selling Guide will be updated to incorporate these changes at a future date. Requirements for PACE loans originated prior to July 6, 2010 Fannie Mae is implementing specific requirements for lenders regarding borrower: obtained PACE loans prior to July 6, 2010. These requirements are intended to address and soundness concerns caused by PACE loans originated prior to the issuance of state by FHFA and other banki ng regulators. Fannie Mae is waiving the uniform security instrument prohibition against PACE loans w priority for whole loans purchased before July 6, 2010 and for loans in an MBS pool v� issue date on or before July 1, 2010. Additionally, the following requirements apply to borrowers with loans that are owr securitized by Fannie Mae who seek to refinance and who obtained a PACE loan prior to 2010. To mitigate the risk posed by PACE obligations that take lien priority over the mor Fannie Mae is requiring that borrowers with sufficient equity pay off the existing PACE obl' as a condition to obtaining a new mortgage loan. If a lender determines that a borrowe not have sufficient equity to pay off the existing PACE obligation, the lender may underwr loan as described in the second bullet below. This "waterfall" approach is designed to rr Fannie Mae's exposure, while avoiding borrower hardship. • Lender must first attempt to qualify the borrower for either a cash-out or limited ca refinance option, with the PACE loan being paid off as part of the refinance. The pror against using the proceeds of a limited cash-out refinance to pay off a loan not u purchase the property will not apply. (See the Selling Guide, B2-1.2-02, Limited Ca: Refinance Transactions, for structure and eligi bility requirements.) • If the borrower is unable to qualify for a cash-out or limited cash-out refinance with su proceeds to pay off the PACE loan, the lender may underwrite the loan as a limited Note: The PACE loan must be included on the Uniform Residential Loan Application 1003) as an installment debt with the balance and payment reflected. If the PACE loan � be paid off with the transaction, the payment must be included in the total expense ratio. Due to the complexity of data entry options for limited cash-out refinance transactions in the PACE loan is being paid off with mortgage proceeds, these transactions must be m< underwritten. Requirements for PACE loans originated on or after July 6, 2010 Fannie Mae will not purchase mortgage loans secured by properties with an outstanding obligation unless the terms of the PACE program do not permit priority overfirst mortgage Lenders are responsible for monitoring state and local law to determine whether a juris has a PACE program that provides for lien priority. Fannie Mae supports the need for programs to help homeowners fund energy effi improvements, and believes it may be accomplished without altering the lien status mortgages. In the event that PACE or similar programs with automatic lien priority proli Fannie Mae will consider further limitations as necessary to address safety and sour concerns posed by PACE programs, in line with the July 6 FHFA statement. These restr may include tightening borrower debt-to-income ratios or loan-to-value ratios in jurisd offering such programs. Effective Date This Announcement is effective immediately. ***** Lenders who have questions about this Announcement should contact their Customer A� Team. John S. Forlines Vice President Single-Family Chief Risk Officer � �� • February 28, 2011 FHFA Directive Case4:10-cv-03084-CW Document95-1 Filed03/02/11 Page2 of 2 — ` �L7�1_II(f!/f/ .,• !�, � � ii�i:� ` �v �J''�i'� •f: ,���`'' f�cbruary 2H, 2U11 Federal Housing Finance Agency 1700 G Street, N. W., Washin�ton, I).C. 20552-0003 Telephone: (202) 414-3800 Facsirnile: (202) 414-3�23 www. thfa.gov "l�imc�rl��- J. NIa}fO��OLIIOS, l�.sq. (;c�icral C:c>u�isel 1���»riu I�I�c 3�)()() \X/iticoiisiil i1V�I1ilC, N.V'v'. �Xlashin�;ec�il, I�(.; 2001Ci IZI?: P,1(�L Pro�rat�is l��Ir. �ta��c�Ix�ulc�s anc3 �Ir. Rc>strcnn: R�>bcrt 1?. R�sr��<�m, I?sq. 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If ��c�u ha��c sin�� clucstic�t�s, ��ou ma�• cc�nrsicr mr. :�r 202 4�14 37AR. �Virl, �11 bcsr �vishes, 1 am �1t1CCl"CI\', �j � _ // � ,� • California PACE Loss Reserve Program Information � OFFICE OF 1'IIL GOVLRNOR September 23, 2013 Edward DeMarco Acting Director rederal Housi�lg Finance Agency 1700 G S treet, N W Washingion, DC 20552-0003 Re: PAC� Program in California; Resolution of Fannie Mae and Freddie Mac Issues Dear Mr. DeMarco: Last year, I asked President Oba�na to direct the Federal Housing Finance Agency to work with California to revive Property Assessed Clean Energy (PACE} progranis, which provide home owners with funding for energy-efficiency retrofts. The Pederal Housing Pinance Agency prohibited Faiuzie Mae and Freddie Mac from purchasing mortgages subject to PAC� Ii��1s in certain types of PACE programs. Califori�ia has devised a rnecllanism d�at 4vill address the concen�s raised by FHPA and protect the interest of Fannie Mae and Freddie Mac, wliich I describe below. The California Alteinative Energy a�id Advanced Transportatiou Finaucing Authority (Autl�ority), a�i e�isiing state agency chaired hy the California State Treasurer {Divisian 16 [commencin� with Section 2b000] of the Public Resources Code), will create a reserve fund for PACE progra�ns. Any PACE progra�n that wishes to use tfie reserve fund will enter an agreement that requires the PACE program to make �'annie Mae and Freddie Mac whoZ�,, as roiioWS: 1. In any foreclasure, for any losses to Fannie Mae and Freddie Mac resulting from tlle paymen# of any PACE assessment paid while i�i possession of the property, and 2. In any forced sale for ui�paid taxes or special assessments, for azly losses to Fanr,ie Mae and Freddie Mac that result from PACE assessments being paid before the outstanding mortgage. GOVERNOR LD��IUND G. t3R0\1�N.JR. � SACCAI��tENTO. CAtlI=0R1`'lA 95�1-F •(91C�) =�-IS-2E�-11 -�-� .. Edward DeMarco September ?3, 20 l3 Page 2 PACE programs that enroll in the Auttiority reserve fund wiIl meet basic sh•uctural criteria, con�ply witii underwriting criteria set by the Authority, and pay an annual premium based on the size of their porl%lio. In the event af foreclosure, Fannie Mae and Freddie Mac will be able to claini from the PACE program any an�ounts paid to keep the PACE assessment current until the property is sold to a new buyer. If the property is sold for back ta�ces or speciat assessments, and the sale results in insufticient filnds to satisfy the outstanding mortga�e because of PAC� lien priority payments, Fannie Mae and Freddie Mac will be able to recover that amount fror,i the PACE progra�n. In both instances, upon a showing that Fannie Mae and Freddie Mac have been paid by the PACE progi�am, the Authority will reimburse the PACE program. This process addresses tl�e issues t�aised by the Federal Housing Finance Agency and ensures tl�at Pannie Mae and Freddie Mac wiil not be adversely impacted by the PACE first lien. Ti.e next step in znoving this approlch to fruitioiz will be for ille Authority to issue draft regulations for public comment, setting forth tlle requirements for PACE prograFns to participate in the reserve account. We will provide you with notice of that pracess a�id invite your �articipation. I loolc forward to moving ahead on a much larger scale with PACE in California. Sincerely, G. .1r. cc: Vzlerie Jarrett, Senior Advisor to the President, 'fihe White I-Iouse Alfred Pollard, General Counsel, Federal I-Iousmg Fina�iee Agency Bill LocI<yer, Treasurer, State of California Members of the California Congressioual Delegation CAEATFA PACE �f�LlF�Ftl�{A �TAT� TR�AS�I�R�R ���/ ������� ,� ,_ . � ° ���„�Fti`��P��E� a�� `I �;,��;��`����:; �;��;,��a�` ���� �������a-::� ���s�a�r.QS�ar,r��„'� '° < �' < �.�s�;��„� ������k���������� ��������� ���€ �'������� t Property Assessed Clean Energy (PACE) Reserve Programs What is PACE? Page 1 of 2 Property Assessed Clean Energy (PACE) is an innovative method of financing renewable energy, energy or water efficiency retrofits, or electric vehicle charging stations for residential and commercial properties. Property owners in a PACE district can use PACE financing to retrofit their home or business with no money down and pay for the assessment through their local property tax bill. PACE assessments are also easily transferrable upon the sale of a property. In July of 2010, the Federal Housing Finance Agency (FHFA) raised concerns regarding the effects of PACE liens on mortgages held by Fannie Mae and Freddie Mac. Due to these concerns, in August of 2010 Fannie Mae and Freddie Mac announced that they would no longer purchase mortgages for homes with first lien priority PACE obligations, leading many PACE administrators to suspend their residential programs. PACE Lass Reserve Program In September of 2013, Governor Jerry Brown signed SB 96 into law, authorizing the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) to establish a PACE Loss Reserve program. This program seeks to address FHFA's concerns through the use of a reserve fund that would reimburse residential PACE programs for costs associated with keeping mortgage interests whole in the event of a foreclosure or forced sale. The full text of SB 96 can be found on the California Legislative Counsel's website. CAEATFA is proposing to adopt emergency regulations to establish the PACE Loss Reserve Program. CAEATFA published an initial draft of these regulations on January 16, 2014 and held a public workshop to gather input from stakeholders on January 24, 2014. After considering the comments received, CAEATFA published a revised draft of the regulations on February 3 for additional comments. The final draft of the proposed regulations, available below, balances stakeholders' comments with the Program's statutory, legal and administrative requirements. The proposed regulations were approved by CAEATFA's Board at a publicly noticed meeting on February 18, 2014. After a five-day notice period, CAEATFA will submit these regulations to the Office of Administrative Law (OAL) for review on February 27, 2014. OAL will then have 10 calendar days to review the proposed regulations. ■ Notice of Emerqencv Requlations ■ Pr�osed Requlation Text ■ Findinq of Emerqencv ■ Staff Summarv Prepared for the Board If you have any questions about the proposed regulations or the PACE Loss Reserve Program please contact Noah Proser at (916) 653-3032. PACE Bond Reserve Program CAEATFA has put the development of the PACE Bond Rese►ve Program on hold pending the resolution of FHFA's concems described above. http://www.treasurer.ca.gov/caeatfalpace/index.asp 2/20/2014 CAEATFA PACE Page 2 of 2 On April 21, 2010 Governor Arnold Schwarzenegger signed Senate Bill 77 (Pavley) into law, authorizing CAEATFA to develop and administer a state PACE Bond Reserve Program. If developed and implemented, this reserve would be used to pay bondholders in the event that a PACE program had insufficient funds. By reducing the risk to bondholders, the reserve would facilitate lower interest rates for PACE bonds. Accordingly, participating PACE programs would be able to offer lower interest rates to property owners. SB 77 authorizes CAEATFA to use up to $25 million for this purpose. The full text of SB 77 can be found on the California Legislative Counsel's website. For more information about CAEATFA's role in facilitating PACE Financing in California, please contact: CAEATFA (916) 651-8157 http://www.treasurer.ca.gov/caeatfa/pace/index.asp 2/20/2014 Agenda Item — 4.A. CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY Meeting Date: February 18, 2014 Request to Consider and Approve Emergency Regulations for the Property Assessed C[ean Energy (PACE) Loss Reserve Program Prepared By: Noah Proser Issue. In 2013, Senate Bill 96 (Committee on Budget and Fiscal Review) authorized the California Alternative Energy and Advanced Transportation Financing Authority (Authority or CAEATFA) to create a risk mitigation program for Property Assessed Clean Energy (PACE) loans using $10 million allocated in the Budget Act of 2013. Pursuant to this authority, CAEATFA staff (Staf� are proposing emergency regulations to create a residential PACE Loss Reserve Program (Program). The proposed regulations are included in Attachment A. Background. PACE is an innovative financing method that uses community facility districts or improvement districts to finance the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements. PACE improvements can be funded by bonds or other sources of capital that are repaid through the property owner's property tax bill. PACE allows homeowners to finance retrofits over up to 20 years with no money down. Additionally, PACE obligations have lien-priority over other voluntary obligations. The security provided by this priority allows PACE programs to offer favorable interest rates. In 2010, the Federal Housing Finance Agency (FHFA) raised concerns that Property Assessed Clean Energy (PACE) financing created safety and soundness concerns for federal mortgage enterprises due to its priority lien status over mortgages. FHFA directed federal mortgage enterprises to adjust their lending criteria in areas with residential PACE programs and require homeowners to seek approval from their mortgage lenders before taking on a PACE obligation. Following this decision, many PACE administrators halted their residential PACE programs to avoid placing homeowners in conflict with the terms of their mortgages. The State of California and several other parties sued FHFA for making this decision without a formal rulemaking; however, in March 20l 3, the 9th Circuit Court of Appeals ruled in FHFA's favor. The proposed Program seeks to address FHFA's concerns regarding the senior lien priority of PACE obligations by reimbursing first mortgage lenders for specified losses resulting from the existence of a PACE lien on a property during a foreclosure or forced sale for unpaid property taxes. Covering those losses should mitigate any additional risk to first mortgage lenders created by PACE liens and allow residential PACE programs in California to move forward. 1 Agenda Item — 4.A. PACE Loss Reserve Program Goals & Development. 1. Pro�ram Goals. The Program is intended to remove any additional risk to the first mortgage lender resulting from the existence of a PACE loan on a property in a foreclosure or forced sale for unpaid taxes. By addressing the concerns raised by FHFA, the Program should provide additional safeguard for both existing and new residential PACE programs to expand in California. If FHFA and the federal mortgage enterprises are satisfied, they may allow mortgages to be purchased without requiring the PACE loan to be extinguished. Lifting this requirement would restore one of the principal advantages of PACE financing: transferability of the loan upon the sale of a home. Additionally, by tracking the performance of PACE portfolios over the next several years, the Program should provide more detailed information on the actual credit risk associated with PACE financing than is currently available. This information will be useful for potential investors in PACE bonds and securities and may allow them to accept lower returns on these investments. 2. Pro�ram Development. Staff has been working with stakeholders on program goals and potential structures since July 2013 and has determined that a loss reserve model would accomplish the Program's goals efficiently and at a reasonable cost to participants and the State. Staff provided the proposed regulations to the public for review and comment on January 16, 2014 and held a workshop on January 24, 2014. Forty-three stakeholders participated in the workshop, and seven comment letters were submitted to the Authority. After considering the comments received, Staff provided revisions to the proposed regulations on February 4, 2014 and received four additional comment letters to date. Staff has analyzed and considered all comments and incorporated changes to the emergency regulations when appropriate. The proposed final emergency regulations balance stakeholders' comments with the statutory, legal and Program administration framework. Program Structure. 1. Application — �10081 To apply for the Program, PACE program administrators will submit: • the formation documents required by the PACE program's authorizing statute; � documents showing the PACE program meets the Authority's underwriting criteria; � a description of transactional activities including fees; • a description of quality assurance and consumer protection protocols; and, • information on the size of their existing loan portfolios. � Agenda Item — 4.A. Additionally, applicants will agree to permit CAEATFA to audit their records as requested by the Executive Director. CAEATFA will have 10 calendar days to review and approve complete applications. Kev Policy Issues and Decisions: The Authority's statute specifies underwriting criteria that PACE programs receiving assistance must meet. The underwriting criteria listed in the proposed regulations are largely drawn from these statutory criteria. Stakeholders have commented that some of these criteria are too restrictive and do not match their current practices. Loan Value Limitation CAEATFA's statute limits the value of loans receiving assistance to less than 10% of the home value. � Several stakeholders have commented that this limitation will preclude homeowners in less affluent areas from performing whole-house energy efficiency retrofits or installing rooftop solar. While stakeholders have suggested several alternative underwriting criteria that could provide similar or greater levels of protection, these alternatives would require a statutory change. Requirement to Meet Underwritin� Criteria in Full Some stakeholders also suggested that PACE programs would appreciate the ability to partially enroll in the Program, covering only those loans that met the criteria. Doing so would provide those PACE programs using different underwriting criteria than the Program with the flexibility to enroll without altering their current operations; however, Staff determined that partial enrollment would weaken the impact of the Program. Allowing partial enrollment would also create an administrative burden for mortgage lenders, PACE programs, and the Authority to establish the eligibility and coverage status of each loan. In the application to the Program, PACE programs will demonstrate that these criteria are met going forward, but their existing portfolios will not need to meet the criteria to be covered as described below. It is unclear whether requiring full enrollment will deter participation from PACE programs with less restrictive underwriting criteria. Some stakeholders have indicated that they may temporarily alter their programs to meet the underwriting criteria, but will seek legislative changes to the 10% limitation in the long term. 2. Function of the Reserve -&10083 The Program will cover two, specific types of losses for first mortgage lenders: a. If a first mortgage lender forecloses on a property with a PACE loan, the Program will cover the amount of property tax attributable to the PACE lien that is paid by the first mortgage lender while in possession of the property. The Program will also cover penalties and interest if accrued through no fault of the first mortgage lender. 1 Public Resources Code §26063(a)(4) 3 Agenda Item — 4.A. b. If a county conducts a forced sale on a property for unpaid taxes, the Program will cover any losses to the first mortgage lender up to the amount of overdue PACE payments. PACE programs will submit claims for eligible losses to CAEATFA and either accept payment from the loss reserve as a reimbursement or as a pass-through to the frst mortgage lender. Staff analyzed several potential liability scenarios and determined that the $l0 million authorized for the Program should last beyond 10 years in most cases. Even in the most conservative scenario, the reserve is projected to last through year eight. While this scenario is unlikely, it would still provide sufficient time to better understand the performance of PACE portfolios and seek additional funds if necessary. In reality, Staff expect the reserve funds to last beyond 10 years since losses are limited in several ways. Unlike traditional property taxes, PACE loans are screened by PACE programs' underwriting criteria to select homeowners that are likely to repay their obligations. Where homeowners do fail to pay their obligations (either the PACE assessment or the mortgage), claims to the reserve are limited to those cases where the first mortgage lender takes possession of the home or where the property is sold by the county for less than the combined value of the taxes and the frst mortgage. Since regular property tax payments will resume upon the property's sale, the reserve will not be liable for the full PACE loan amount, only those payment amounts described above. Key Policy Issues and Decisions: Eli�ibilitv ofLosses to Private MoNtgaQe Lenders The proposed Program would cover losses to any frst mortgage lender as described above. Some stakeholders have commented that reserve funds should solely be used to compensate federal mortgage enterprises to address FHFA's specific concerns and increase the lifespan of the $10 million currently allocated. Staff has determined that discriminating between federal mortgage enterprises and other first mortgage lenders would result in confusion and uncertainty in the market. Since mortgages are resold regularly and private mortgage lenders may have similar concerns as FHFA, Staff is proposing to cover all frst mortgage lenders for eligible losses. Limitation of Losses to First Mort�age Lenders Additionally, Staff had not originally specified that losses could only apply to first mortgage lenders. Stakeholders commented that only first mortgage lenders should be eligible to receive payments from the reserve, as second mortgages have a lesser lien priority. It is unlikely that a second mortgage lender would incur the eligible losses described; however, Staff has updated the proposed regulations to limit losses to first mortgage lenders to address this possibility. � Agenda Item — 4.A. 3. Coverage of PACE Portfolios —&10082 The Program will cover PACE loans for the length of their terms for the losses allowed under the Program as specified. All loans issued by enrolled programs and included on reports submitted to the Authority will be covered by the reserve. In addition, the Program will accommodate existing loan portfolios of existing programs that apply up to 90 days after the regulations take effect, and any loans issued by a newly created PACE Program up to 30 days before its enrollment in the Program. Kev Policv Issues and Decisions: Accommodatin� Existin� PACE Programs' Loan Port olios Staff has proposed to incorporate the existing portfolios of PACE programs to minimize risk and uncertainty in the market and maximize the Program's impact. For existing PACE Programs that apply within 90 days of the effective date of the regulations, the Program will cover any loans issued through the enrollment date. These loans will be covered at no charge since the PACE Programs have no means of collecting additional fees from loans that have already been issued, and the Authority already has a budget allocation for administrative expenses in the current year. Additionally, for new PACE Programs, Staff has proposed a 30 day coverage window before enrollment to allow those programs to begin lending during the Authority's review of their applications. Loans issued within that 30 day period would also be covered at no charge. As discussed above, the preexisting loans would not need to meet the Program's underwriting criteria to be covered by the reserve. 4. PACE Prosram Reporting and Administrative Fee -&10086 Enrolled PACE programs will report to CAEATFA on March 1 St and October 1 St of each year. The March 1 St report will include information on loans issued between July 1 and December 31 of the previous year. The October 1 St report will include informations on loans issued between January 1 and June 30 of that year, and cumulative information on the loan portfolio and energy and water savings resulting from the PACE loans. Each of these reports will be submitted with an administrative fee of 0.25% (25 basis points) of the principal value of new loans issued during the reporting period. This fee will not be assessed on the existing portfolio of loans described above. Kev Policv Issues and Decisions: Administrative Fee The administrative fee is designed to cover the Authority's reasonable costs of administering the Program over twenty or more years. Since many PACE loans have 20- year terms, Staff expects to administer the Program for up to 20 years after the last loan is issued. Fee revenue will depend on enrollment and loan activity, and may need to be adjusted once a track record for the Program is established. Some stakeholders requested a formal timeline for review of the fee amount. Staff is proposing to review the fee after two years and annually thereafter or upon determination by the Board. 5 Agenda Item — 4.A. 5. Reports to the Legislature As required by the Program's authorizing statute, the Authority will report the status of the loss reserve account, a summary of the loans that received assistance, the amount of energy savings resulting from and number of jobs created by those loans, and a summary of the benefits provided by the Program to the Legislature on an annual basis. Due to the standard timeframes for the preparation of annual tax levies, the reported data will be based on the fiscal year. Re�ulatorv Process. Upon Board approval of the proposed final emergency regulations, the formal emergency rulemaking process will begin. Staff will post the notice of emergency rulemaking, a finding of emergency and the text of emergency regulations to the CAEATFA website. Staff will also provide these documents to all interested parties through the e-mail listserv. Upon submittal of the regulation package to the Office of Administrative Law ("OAL"), emergency regulations will be subject to a five day public comment period. CAEATFA will have until day eight to respond to any public comments that are submitted; and OAL must make a final decision on the tenth day following submission. If on the tenth day OAL approves the emergency regulations, they will be filed with the Secretary of State and become effective upon this filing date. The emergency regulations will be valid for six months (180 days), during which time CAEATFA will begin the regular rulemaking process. Tentative Timeline. All of the dates below are tentative and subject to change at any time. February 1 gtn CAEATFA Board reviews and approves emergency regulations and proposed Program forms February 25t" Emergency regulations are submitted to OAL five business days after approval by the Board and notice by the Authority March 7th OAL decision deadline, emergency regulations in effect for 180 days June 5`h Last day for existing PACE programs to apply to accommodate existing portfolios September 3rd End of 180 Days for emergency regulations 0 Agenda Item — 4.A. Recommendation. Staff recommends adoption of a resolution to approve the proposed emergency regulations establishing the PACE Loss Reserve Program and authorize Staff to undertake emergency and regular rulemaking proceedings and other actions related to promulgation of the regulations. Attachments: � Attachment A— Proposed Text of Emergency Regulations 7 Agenda Item — 4.A. Resolution of the California Alternative Energy and Advanced Transportation Financing Authority Approving Regulations and Authorizing Emergency and Regular Rulemaking Proceedings and Other Actions Related Thereto, Including the Public Notice and Comment Procedures to Implement The PACE Loss Reserve Program WHEREAS, the California Alternative Energy and Advanced Transportation Financing Authority ("Authority") is authorized by California Public Resources Code Section 26009 to adopt regulations to implement and make specific the statutory provisions governing the Authority; and WHEREAS, the Authority has determined that amendments to the Authority's regulations relating to its implementation of the PACE Loss Reserve Program (the Program), as authorized in Section 26060 of the Public Resources Code, are necessary to be adopted at this time to implement the Program. NOW, THEREFORE, BE IT RESOLVED by the California Alternative Energy and Advanced Transportation Financing Authority as follows: Section l. The proposed form of Regulations, on file with the Authority, is hereby approved. The Chair, Executive Director and Deputy Executive Director are hereby authorized to file the Regulations, with the supporting documentation required by law, with the Office of Administrative Law as emergency regulations in the form currently on file with the Authority. Section 2. The Chair, Executive Director and Deputy Executive Director are hereby authorized to proceed with the public notice and comment procedures required by California Rulemaking Law prior to submitting emergency and regular regulations to the Office of Administrative Law. Section 3. The Chair, Executive Director and Deputy Executive Director of the Authority are hereby authorized to take necessary actions, including making any necessary changes to the Regulations to secure approval by the Office of Administrative Law, and to execute and deliver any and all documents necessary or advisable in order to effectuate the purposes of this resolution. Section 4. This resolution shall take effect immediately upon its approval. E Agenda Item — 4.A. Attachment A PROPOSED TEXT OF REGULATIONS CALIFORNIA CODE OF REGULATIONS Title 4. Business Regulations Division 13. California Alternative Energy and Advanced Transportation Financing Authority CALIFORNIA ALTERNATIVE ENERGY AND ADVANCED TRANSPORTATION FINANCING AUTHORITY REGULATIONS IMPLEMENTING THE PACE LOSS RESERVE PROGRAM Article 4. PACE Loss Reserve Program §10080. Definitions. (a) "Authority" means the California Alternative Energy and Advanced Transportation Financing Authority (CAEATFA) established pursuant to Division 16 (commencing with Section 26000) of the Public Resources Code. (b) "Executive Director" means the Executive Director of the Authority or his or her designee. (c) "Loan" means a loan issued by, or a contractual assessment or special tax levied by a PACE program. (d) "PACE Program" means a residential property assessed clean energy program financing the installation of distributed generation renewable energy sources, electric vehicle charging infrastructure, or energy or water efficiency improvements and established pursuant to: (1) Chapter 29 (commencing with Section 5898.10) of Part 3 of Division 7 of the Streets and Highways Code; or, (2) Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code. (3) A charter city's constitutional authority under Section 5 of Article XI of the California Constitution. (e) "Program" means the PACE Loss Reserve Program established pursuant to Chapter 4 (commencing with Section 26050) of Division 16 of the Public Resources Code. §10081. Application by PACE Program to the PACE Loss Reserve. A PACE Program seeking to participate in the PACE Loss Reserve Program shall complete an application that shall include the following information: (a) The formation documents required pursuant to: A-1 Agenda Item — 4.A. (1) Streets and Highways Code Sections 5898.12, 5898.14,and 5898.20 — 5898.22; or, (2) Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code; or, (3) In the case of a charter city, a copy of a resolution or other document adopted by the city's governing board evidencing approval of the PACE Program. (b) If not included in the documentation required in subdivision (a) above, documents showing that the PACE Program requires that property owners can show all of the following as part of the financing underwriting process: (1) All property taxes for the assessed property are current for the previous three years or since the current owner acquired the property, whichever period is shorter. (2) The property is not subject to any involuntary lien in excess of $1,000. (3) The property is not subject to any notices of default. (4) The property owner is not in bankruptcy proceedings. (5) The property owner is current on all mortgage debt. (6) The party seeking �nancing is the holder of record on the property. (7) The property is within the geographical boundaries of the PACE Program. (8) The Loan is for a residential property of three units or fewer. (9) The Loan is for less than ten percent (10%) of the value of the property. (c) If not included in the documentation required in subdivision (a) above, a detailed description o£ (1) The transactional activities associated with the Loan issuance, including all transactional costs; and, (2) Requirements for quality assurance and consumer protection, as related to achieving efficiency and clean energy production. (d) A summary of the PACE Program's existing residential financing portfolio certified pursuant to Section 10087 as of the date of application. The summary shall include the following information: (1) The total number of Loans in the portfolio. (2) The total value of the portfolio. (e) The PACE Program's agreement to permit an audit of any of its records relating to enrolled Loans, during normal business hours on its premises, by the Authority or its agents, and to supply such other information concerning enrolled Loans as shall be requested by the Executive Director. A-2 Agenda Item — 4.A. (� Upon receipt of a completed application, the Executive Director will within ten business days review and determine whether additional information is required, or whether the application is sufficient to enroll the PACE Program. The Executive Director's decision whether an application is sufficient shall be final. §10082. Coverage of PACE Loan Portfolios. (a) For PACE Programs created before the effective date of these regulations and making application pursuant to Section 10081 not more than 90 calendar days after the effective date of these regulations, all PACE Loans outstanding at the time of enrollment shall be covered by the loss reserve pool for the length of their term. In addition PACE Loans originated after enrollment and included in reports as provided in Section 10085 shall be covered by the loss reserve pool for the length of their term. (b) For PACE Programs created after the effective date of these regulations, all PACE Loans originated not more than 30 calendar days before the date of the PACE Program enrollment pursuant to Section 10081 shall be covered by the loss reserve pool for the length of their term. In addition PACE Loans originated after enrollment and included in reports as provided in Section 10085 shall be covered by the loss reserve pool for the length of their term. §10083. Claims Against the Loss Reserve Pool. Any PACE Program may make claim for payment from the loss reserve pool for the following losses incurred by first mortgage lenders and limited to losses on the Loans described in Section 10082 directly attributable to the existence of a PACE Program lien on a specified property. Losses include: (a) Losses resulting from the first mortgage lender's payment of any PACE assessment paid while in possession of the property subject to the PACE assessment. Losses may also include penalties and interest where they have accrued through no fault of the first mortgage lender. (b) In any forced sale for unpaid taxes or special assessments, losses incurred by the first mortgage lender resulting from PACE assessments being paid before the outstanding balance. In no instance shall the loss exceed the amount of the PACE assessment, or in the case of forced sale for unpaid taxes or special assessments, the amount of the delinquent PACE assessments. §10084. Claims Procedure. (a) Any PACE Program seeking to make a claim against the loss reserve pool for losses as described in Section 10083 shall submit satisfactory evidence of the eligible loss, A-3 Agenda Item — 4.A. including but not limited to the assessor's parcel number, the loss amount, the origination date, the first mortgage lender, the date of the loss or losses, and the certification described in Section 10087. The Authority shall make payments to PACE Programs within 20 calendar days of receipt of a completed claim. (b) In the event of an eligible claim on a Loan where the PACE Program has been terminated pursuant to Section 10086, the Authority may seek additional evidence of the eligible loss from the first mortgage lender. §10085. PACE Program Reporting and Administrative Fee. (a) Each enrolled PACE Program shall report to the Authority twice each calendar year. These reports shall be certified pursuant to Section 10087. (1) On March lst of each year, each enrolled PACE Program shall submit the following for the period from July 1 through December 3l : i. The assessor's parcel number, principal amount, annual assessment amount and term of each new Loan originated in the reporting period. ii. The total number and value of new Loans originated in the reporting period. iii. Payment of the administrative fee set forth in paragraph (b) of this section. (2) On October 1 St of each year, each enrolled PACE program shall submit the following for the period from January 1 through June 30: i. The information and payment outlined in subdivision (a)(1) above. ii. The total number of outstanding Loans. iii. The total value of the Loan portfolio. iv. Information on energy and water savings resulting from the projects funded by the covered portfolio of Loans. (b) The Authority shall assess an administrative fee of 0.0025 (0.25%) of the principal value of each Loan issued by a Participating PACE Program during the period covered by the report, except those outstanding at the time of enrollment as described in Section 10082. Two years after the effective date of these regulations and every year thereafter, the Authority shall review the fee. In addition, the Authority may review the fee at any time upon a vote of a majority of the Authority. (c) In the event that a report and payment is not received within 60 calendar days of the due date as set forth in this section, the Authority may terminate the PACE Program's enrollment, pursuant to Section 10086(b). :� Agenda Item — 4.A. §10086. Termination and Withdrawal from the Program. (a) Each enrolled PACE Program may withdraw from the Program after giving written notice to the Authority. The notice shall specify either: (1) That the enrolled PACE Program waives any further interest in the loss reserve pool (including for the reason that all Loans covered by the loss reserve pool have been repaid); or, (2) That the enrolled PACE Program will not enroll any further financings under the Program but shall continue to count on the loss reserve pool to secure all Loans reported prior to the notice. (b) The Executive Director may terminate participation of an enrolled PACE Program in the Program, by notice in writing, upon the occurrence of any of the following: (1) Entry of a cease and desist order, regulatory sanction, or any other action against the PACE Program that may impair its ability to participate in the Program; or (2) Failure of the enrolled PACE Program to abide by any applicable law, including these regulations; or (3) Failure of the enrolled PACE Program to report any Loans under the Program for a period of one year; or (4) Provision of false or misleading information regarding the enrolled PACE Program to the Authority, or failure to provide the Authority with notice of material changes in submitted information regarding the enrolled PACE Program. In the event of termination, the enrolled PACE Program shall not be authorized to have any further Loans covered by the loss reserve pool, but all previously enrolled Loans shall continue to be covered by the loss reserve pool until they are paid, claims are filed, or the enrolled PACE Program withdraws from the Program pursuant to this section. §10087. Certification of Reports and Claims. (a) All applications, reports and claims submitted by a PACE Program must be signed by the PACE Program administrator certifying that they are accurate and true. (b) If an application, report or claim is submitted by a third-party program administrator on behalf of a PACE Program, an appropriate public official must provide the Authority with a signed letter certifying that the PACE Program has the ability to audit the records of the third-party administrator, including all information included in the applications, reports and claims submitted to the Authority. � A-5 � � • July 29, 2013 FHFA Letter of Response to San Diego County 1� edera� :I�ausing F���ance ���;��c� �,�X1S1.Itll�l�i1 (;�11t��' �00 i`h Str-eet, S.W. i��as.taiTati,�on; :I�.t;. 20024 Tcic;pllotze: (20?) fi4�)-3�00 �i�acsirnile: {2�2) fi�19-10'71 rv�r��.�I�fa.gov Jul�� 2�, 2013 Horioxable Greg Cox Chairman Sai� Die�o I3�ard of Su��er�risors 1600 Pacific High�va�� Rooin .335 San Diego, California 92101 Dear Chairman Cox: In res�onsc to }�our communication to r�cting I7irector De141arco, I am pro�-iding the follo�-ing information regarding residential Prc�pert�> �1.ssessed Clean Ts��ergy (PAC�) programs and the pc�sirion of the Federal .[-{ousiz�� Tii.nance ��genc>> (Eii-II�.1). FHFr'� has duected �'annie .[�Zae and Freddie Mac not to puxchase oiiginal loans or ie-financed loans secured by pr.operties that hazre a first lien T'.��C_:T, obl.igation attached, rurther., rHF� has directed the Federal Home Loan 13anks, also regulated entiries, to take actions ro protect theinselves froni such £irst lie.�x P.;\CT:. Ic�ans in the coJ.lateral that tlie I3anks accept to support advances to their member institution5. �HIi., based those directives on safety aud soundness considerations relating r.c> financial risk. Tl�ese risks also i.uclude mortgagc-backed securities investments of Tannie A�Iae, F�reddie Nf.ac and Yhe FTome Laan Banks— it�vestments which face adverse unpacts ui �-aluc by an overla}' �at first-lien l?��CI�, loans on uz�derl}ru-cg mc�rtgages, regardless of wliether such mortgages were awned or guaranteed bj- a regulated enrit��. FF�I���'s directi�-es i.n no u=a3� prohibit the Count�• frozn creatin� a residential PACE program w-itli such clzaracteristics as the County may deem appropriate. However, FH�11's duecti�•es to its regulated entities, noted above, reznain ui place and will affect whether J�'annie A'Iae and Freddie �Iac can purchase or hold moxtgages oi� pa��ticipating proper.ries. Indeed, three federal Cot�rt af .��ppcals— the Secc�nd, Ninrh, and Is].eventli Circuits— have uniforrnly found NI-IF'A's issuance of those direcrives as witivn its core responsibilities as Consen�axor for Fanrue Mae and Freddie Nfac and rejected challe��ges to thc vaJiciity of the ciirectives. In. }�oui letter, you suggest that youx Count�- may "establish a residential [I':10E� prograrn �vit}i seniot� li.en piiorit�T, but specificall5� exclude FHr�1 mort�a�es," and solicit a response from FHF<�. California's Tar�CI; statutes specifically provide first-lien priox.i.ry for P�'10E obligations; your letter does not desc��ibe any mechaza.ism b}� whicli your pxo�rai�� would excludr Fannic. �Sae or Treddie l��tac mortgages fr�m thcix operation. ticcordingly�, it is not possible tor rHFA to respond in detail to i>our suggestion. Neverthe.less, yo�zr sug�esrion inay ue clifficult to unplement in regards to Page 2 mortgages hcld or guaraiiteed by the Entea-prises or whicl� arc part of securities in�c>estments of the regulated e.ntities. T{T-II��1 ilas �.iot objected to sul�ordinate li.en, iesidcntial I't�CE loans that are offered in four states. FHFtI continues its review of alternati�Te lendin.g programs that �vould facilitate ener�� retrofi.t lending while not transferring risk to its r.egutated enrities and have appropriate consumer protections and robust e��er�� standards. I l�ope this provides the clar.ity you requested as to ]�'�-�.F��'s pc�siaon as you look to deplo�� a pro�ratn for energ5� retrofits in the CountS-. I am available t� ans�ver an}� questions �ou or 3�our staff may have and may be reached at 202 649 3050. �X'ith all bcst �vishes, I am Sinccrely, 1� d I�1. Pollard -� �- =°;�)1111�1 �i��, �� ... .. TO: FROM: DATE: S U BJ ECT: MEMORANDUM Budget and Finance Committee Nelson K. Smith, Finance Director �S June 26, 2014 Update to Budget Finance April 2014 Packet Information regar TRIP Revenues and Expenses The purpose of this memo is to provide supplemental information to thE information originally provided to the committee members in the Ap committee packet. The item regarding TRIP revenues and expenses was the meeting of June 30, 2014. In the April 24, 2014 cover memo to the TRIP agenda item the third paragraphs discuss the amount of future borrowing and potential timing 2014 staff informed the Council that the future borrowing estimate was be from $270 million down to $240 million. Two things have changed since that time. First, KernCOG obtained add Transportation funds, increasing their future contribution to the TRIP progr million to $33 million. Second, the County of Kern has recently authorized c contribution to the TRIP program this year where they had previously K overall contribution of $57 million at some time in the future. The Cour documentation to show that their expenditures to date were over $23 mi the $40 million payment, so their total payments toward the TRIP projects over $63 million. The $40 million item was approved by Council on June 25, 2014. The net irr two actions combined could lower the future borrowing needs of the Ci� $12 million (additional future cost of $17 million offset by additional contrib� --'ii� - - � i i - - - — - - - 1 - - rr' - - �� - �- — - - - - ii_ _ n�� i� --'n� - - �- - -- - - Additionally, the $40 million from the County will allow the City to cash flc needs for the next two to three years rather than have to borrow to covE cash flow needs of fronting federal program funds. Staff has been workinc months to establish a line of credit with a bank to address this issue, but � million cash on hand we will now be able to terminate those discussions. $40 million cash on hand will also get us further along in providing local p needed for construction before we consider a long term borrowing to fir projects. cc: Alan Tandy, City Manager Virginia Gennaro, City Attorney � �#�l � � �,Jll��»�% �� .. . TO: FROM: DATE: SUBJECT: MEMORANDUM Alan Tandy, City Manager Nelson K. Smith, Finance Director �� April 24, 2014 Council Request for Information on TRIP Revenues and Expense Councilmember Maxwell requested the Budget and Finance Committee k a variety of information regarding TRIP revenues and expenses. A copy of is attached for reference. As a general review, back in February 2013 staff estimated total project � multiple City TRIP projects at approximately $1.3 billion with a proje� borrowing need of approximately $270 million to complete the projects. Interchange is a completed project, as are several phases of the Westsic Additionally, the Gap 58 project and Morning Drive Interchange are construction. Hosking Road Interchange, Rosedale Highway Widenir Operational Improvements and SR 178 Widening are all expected tc construction within the next 6-12 months. In March 2014 staff provided an update regarding the future financing n� City. Based on updated revenue estimates and revised project cost figure borrowing need was lowered by $30 million; now approximptely $240 millio� recent update the City has received notice from the Kern Council of G that they have been successful in obtaining additional State Transportation increasing their share of future project costs from $4 million to a revised These additional funds will further reduce the City's future borrowing need� a precaution we are still technically estimating the borrowing amount at $2 Based on current project schedules we anticipate being able to pay cc matching requirements for the next two to three years before the need a long term borrowing to complete the remaining TRIP road projects. Fiscal Year 2014-15 includes another $21 million. In specific response to the questions posed by Councilmember Maxwell, t questions was regarding the 24t" Street project. A response to Council was distributed on or about March 27, 2014 which we believe addresse� questions listed. A copy of that memo is attached for reference. In spec to item #2, requesting specific vendor payments, the following s information is as follows. As reported in the March 27 memo, actual cos through June 30, 2013 were $10,796,296. Of this amount $5,734,313 � Parsons for environmental work and $5,047,472 was paid to RBF C environmental work. The balance of $14,51 1 was paid to other miscellanE for support costs related to the environmental study (printing, p�blic adver Question #4 is regarding the cost of landscaping. The budget construction ($32.8 million) includes $2 million estimate for landscaping. T expense to maintain the landscaping is difficult to estimate with great acc point (since it hasn't been designed yet), but based on the current conc date Parks staff has provided a rough estimate that annual maintenancE 24th Street corridor landscape will be roughly $13,000 per year. The next set of questions was regarding Centennial Corridor. At1 spreadsheet similar to that provided on 24th Street, which provides a m summary of actual costs to date, current budget figures and future cost specific response to the request for specific vendor payments, tl supplemental information is as follows. Actual costs expended through J were $46,503,041. Of this amount $37,217,231 was paid to Parsons for e� and advanced preliminary engineering work and $9,090,882 was p� Company for environmental work. The balance of $194,928 was p� miscellaneous vendors for support costs related to the project. It should be noted that the Centennial project has evolved over time. project currently under construction and the Beltway Operational I project to be bid later this year were both under the broader umk Centennial Corridor project. Some of the prior year costs referenced relate to the former definition of the broader project. Current year budc future year estimates are now separated by current project definitions. State Gas Tax Revenues Transportation Development Fees Utility Surcharge/Additional Franchise Fees Total - Summary of Road Funds Actual 2010-11 8,255,992 Actual 2011-12 ' 9,257,404 7,� 6, 897,147 10,159, 883 4,493,024 4,633,602 16. a 19,646,163 24,050,889 29, These funds have been spent on either road maintenance or road constr� would propose that over the next three years these funds be used for loc requirements associated with the TRIP program projects. We implei additional franchise and surcharge fees with PG&E in 2009, which mc historic figures above. We recently added the local surcharge ,to tl California Gas Company franchise agreement and this additional reven� approximately $200,000 will begin being collected in 2014. The final request was for a combined graph of each of the three func providing a revenue history for the past 10 years. The requested chart is at Attachments: - Copy of requested information - Council Referral Memo #461 - 24th Street - Centennial Project cost worksheet - Combined graph of three funding sources - 10 year history cc: Virginia Gennaro Budget and Finance Committee 24t" Street; 1) Expenses since July, 2013 to present. 2) Account for all of the $29.4 million in expenses reported in the July, 2013 report. State this in sections stating who was paid and for what service (please be specific and start with Parsons). 3) Explain the future expenses of over $33 million. Break these down into ROW (categorize each section; legal, eminent domain, etc.), destruction, construction, and final design. 4) What is the cost of the landscaping, how and where is it being budgeted, and what is the long term expense to maintain the landscaping. Centennial Corridor; 1) Expenses to the present with a delineation of those expenses. 2) Current forecast of expected expenses (please be specific for each category). Funding sources; 1) provide a 3 year history of the Gas Tax Fund, Transportation Impact Fees, and utility surcharge fund. Explain how each of these funds has been used in the last 3 years. 2) How will these funds be used in the next 3 years. 3) on a graph please show the running average of each funding source over the last 10 years. Please include a bar graph of each fund showing the total income for each fund for the last 10 years. These graphs can be overlaid. MEMORANDUM TO: Alan Tandy, City Manager FROM: Nelson K. Smith, Finance Director ��J DATE: April 24, 2014 SUBJECT: Correction to Council Referral Item #461 - 24th Street Wideninc A response memo was issued by my office on March 27, 2014 regarc referral item #461 - 24th Street Widening project. During our preparation 30, 2014 Budget and Finance Committee meeting, we discovered ar spreadsheet that was used in assembling the memo information. T statement in the March 27 memo that read "Total project costs from star currently estimated at $62,845,624". This figure is not correct. Staff had previously reported to Council that the Engineers estimate for tr project was $62,114,848. The engineers estimate has not changed and $62,1 14,848 is the figure that should have been reported in the March 27 r the other figures in the memo are correct and were not impacted by the error. A corrected copy of the spreadsheet, which was attached to tr memo is attached for your information. My sincere apologies for any confusion this error may have caused. Attachment cc: Virginia Gennaro, City Attorney Ol N 01 C1 Q1 �y — « Vl 01 e-1 Vl N + �p O N M V 00 01 lD (n G! V� � N 01 N Q�1 +��+ R t� N Vl M 00 d y � Ql M N 1� N w .1 M II � O W l� F°. a` v � � � � � � -p O� Ol � V C 00 00 } � N N N N m m LL W � �"� n n � j � e��i �y W O LL • i � � N l0 Q1 p � tM0 O V1 ' �D e�i � V .�-1 N .�-1 00 V � C tD N t�i1 NV � � V /0 M N lD II N C m � � W C � 3 a .� d p � , N � c � � V � ri D y,� O � a � N � v °/ W i a Q) 1 Y y f� � m C v- � n ui c� � � a �n � � N �N-1 � � � � i U1 ,.�.' � N t0 Oi N �' U 0 v m � � � O N � a — � w Y � C1 L Y N t � � l�1 o m � � �n a o0 00 � O�0 1D N t�A a m �m-1 � M N tD N� rl �-1 r� oo m .� rn 00 V�1 00 � N t0 f� V .� O O �"� N f� N e� V N V N N e-1 tA O1 N N � � .-1 ri v a V1 V1 N N M O M e-1 �-+ �n o ' a Vl �'i N Op N � N M rl rl � � .t0-� t�0 �n a m M N V1 � ' � n N N � � M t�l1 0�p n 00 I� cf O a v N o .-� N ���5� N O N QQ � 00 � W W � e�i M M N N r1 N M t0 � � � � dQ 8 O �� N N M M a O t0 � O � O.y � � M tD pp pp M M f� .-1 rl � � � ' ' � rl rl N O1 , � 0�0 ' O n n � N M N � � � � ' � v1 O N 00 o � oNO v'"i .�i f/1 M 00 t-1 rl N M i� f� 01 01 t0 lD N�-i V1 V1 M M O1 Q1 .N. C O 00 00 �t � N � � � nl f0 N M � � � � �O t0 .�-+ } a � � .�-� �o �o r°i. � 0 a �- W L 01 Q1 .1 �-1 O O v v v 0C 6/ C � LL .N � + W O CO — V t � Q Q � I I a�� � O � U � H a N c o � V �' 01 � m � .o W C ��.. � LL N {n Y � v � 0 ��.. N � �LL N a N � N � C N n c W � « � m t � Q Q O � L r � � N � � � a` � m N rl � l0 N 00 Oa1 N� �-a1 00 N e-i M N l0 � � � 01 00 �-i m a g 1� V1 N N M o ano � � � � a � V1 1� M V1 M Ol N N � W C :c E �a� O u � C N N � � `7 �� � O�D � LL N m � 7 m � �+ C � p � O o g, A � � N '� ` � C O « aj N 7 OC Q C 1p O l� � W N 0 L r � 00 O � C M � � C LL ^ � � v u. _ O TO: FROM: DATE: SUBJECT: MEMORANDUM Alan Tandy, City Manager � Nelson K. Smith, Finance Director �`� March 27, 2014 Council Referral Item #461 - 24th Street Widening Project REFERRAL - At the March 5, 2014 Council meeting Councilmember Maxweil requested the Budget and Finance Committee discuss the costs related to borrowing for the 24th Street widening project. Councilmember Maxwell wanted further details regarding expenses incurred to date as well as more detailed cost estimates by project component going forward. RESPONSE - In response to a previous request for information staff had provided Councilmember Maxwell with a summary overview of 24th Street costs and estimates (Attachment 1). The format of this information was originally created in February 2013 for the purpose of explaining future borrowing needs of the City regarding various TRIP projects. Attached is an expanded spreadsheet (Attachment 2) that provides greater detail of the summary overview numbers, providing more information regarding budgeted figures and actual expenses as well as more detail regarding historical and future cost estimates for each segment of the 24th street project (design/right of way/etc.) Total project costs from start to finish are currently estimated at $62,845,624. We have actually spent $10,796,296 in prior fiscal years and we have actually spent $534,881 in the current fiscal year. We have b�dgeted $3,640,000 for design of the project and we have budgeted approximately $13.8 million for right of way related costs. The right of way cost estimate includes estimated costs for acquisition, demolition, relocation assistance and administrative support services. This information was originally prepared for discussion at the March 2014 Budget and Finance Committee meeting, which has since been cancelled. Staff will be happy to walk through the information and provide further explanation. Attachments - 1. Response to Council Inquiry - Feb. 2014 - 2. 24th Street - Project Cost Overview cc: Virginia Gennaro, City Attorney Response to question 2. from email from Councilmember Maxweil dated 2/3/14: 2. At the July 29th meeting we were given several overheads covering the estimated project costs as weli as the Funding of several projects. The total overall costs were estimated at $64,783,023 for the widening of 24th. The total Federal/state Funding was listed as $32,894,630 and we had at that time spent $25,856,090 of that amount, leaving $7,038,540 remaining. The Local Funding needs were listed as $31,888,393 and we had spent $3,349,930, teaving $28,538,463 left to complete the project. Could you update this info�mation in terms of how much more of the Federal/State Funds we have used? Answer: The following table includes the latest information for the costs and expenses for the 24`" Street Improvement Project. Please note that the estimated costs have been developed using Caltrans and FHWA estimating practices and standards as required by the use of federal funds. Past bidding history has confirmed the conservative nature of these construction estimates. in addition, unit pricing is updated twice a year and validated by FHWA on an annual basis. City of Bakersfield - 24th Street Improvement Project Cost Overview Project to date Expenses/ Future Years Est. Costs Total Overal{ Estimated Project Description Budget through lune 2014 FY 2014-15 and Beyond Costs - All Combined Federal/State Funding 24th St Improvements $ 25,565,670 Local Funding Needs: (Includes County Funds) 24th St Improvements $ 3,749,178 Total P�oject Costs - All Combined 24th St Improvements $ 29,314,848 $ � � 7,328,959 $ 25,471,Q41 $ 32,800,000 $ 32,894,629 29,220,219 62,114,848 Y1 N Ol Ql V1 M Ql �-1 v7 O + � a N .,aoomv m W U a�+ n N O^1 N N + 0� 1O a cv v� m ic � O �vi ri I� r.i a O.O W e-i .-i M � � a v N � � `m u° c } `� � LL ` � � 7 � � E .°� LL W N LL v o � ' ,�-� a u U C m m 'i u m II N � m W C � � � m M � � 'i N a v � � IA N '-1 M N 1�/f ei c+1 N �-1 3 a .� i Q � � �Y/1 'a-I m U � N � � V N � � •O W N� L d � 1 Y N f0 a�+ C� = � � � � ° E � d � � N �' ; N � � N �O U Q u M �M-1 C � O N � a � t�p W ai ai � a+ N i � � N � oNi ,�-� N a 00 .a-�Yu aNm OC f/1 N IA m O ? � � � N m d N � � C p � n } X � N rl a o W m m a` � o � � a r � C � � e^-I N � O1 m � � rl N � � N rl o; N � ~ � O � C C 3 � F- w 9 � C � Y C � � � N LL C o m O W 0 GC U � Y n ro m .ti m 0 0 �o a .-i 00 �A 00 O N O N N n N .-ivNaN N 'i YI C1 N N � � ri ri v a N N ti � O ' V1 �"� N � a N e-I � � � l0 � m � � N N � o � n1 V1 Op a a N e-I m a � io lD N .i � � m M '-1 � � � � � � N � m n °m O N m a t�0 t0 ri Oa1 O � O �O N O N O a ua0i � aNO o�o 00 'N-1 m N tN+f l�0 � 1 I O O a�o o� N N m en n o 0 N O tD � o � a'�o N M M N � � � � � .�-I 0�0 ' O ' n n N � �D O N � Op � ' O�0 af N 1� t0 Op rl t!f t+f e-1 � � � � N 0�1 n c n � a � � � � lD ti rl � m � N t+f Q N N �o N tD n 0 � !� C � � C N O IO ' C A 0 N E 3�� e E 3�� � C O� LL C c O� ��.m +' C Yi � eo L� ;'S � m o ai c a�i m o LLw 0 GC U 6 w � 2(J Q � O O v d v m °� E � LL '«� E + W � m — � + � Q Q u O ,�, c� � O O U H � � N C o �, u v Y m W � C V � LL Y ~ N N � Q � N LL LL N N N � C N X 7 a�+ LOD m + '� O a O � Y 'C � Y d � � � a` � m v° rv � tN0 N 00 tm+l N tND m o 0 N n O m a o0 I� V1 N N fYf V � N a .� �o O�1 � O N I� O t0 M O N f/f v c a E U a N � N � Z V :� m � C C � �p N LL C O ` li d N m N lL J � N � N N N M C � Y N .` 0 r Y � Q O c � 9 N c lL ~ Y � E N W � 0 � 0 r�+ J � n O W O V d m � 7 a O d N m d C 9 N v z O �� .` O � u � C m 0�0 W > � A m � � C'F' �p. a O m y N N = � C � m O Centen n ia l S readsheet p 3 a, .� L N � Y N O U U � .O � L a v � W N L C � �C � C m d � O O L +T+ Q' :.� � L � � �L L � �..i � .0 � � C U LL = Y t i p �^ m O � � t � a a ;� II O 0 W � F a � H � � � 'p � O i a '�° w `^ LL ` a�+ �„� 7 � � � H LL � N W } LL v o �' N V •�-�+ E u c m 16 II N � m W C � � H d a c .�+ m m � � � N � V c w � v � � a � N '� !'' 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