Loading...
HomeMy WebLinkAbout2015-06-09; City Council; Resolution 2015-141EXHIBIT I 1 RESOLUTION NO. 2015-141 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY OF CARLSBAD IN THE CSCDA 4 OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO 5 ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE 7 CITY OF CARLSBAD; AND AUTHORIZING RELATED ACTIONS. 6 8 ^ WHEREAS, the California Statewide Communities Development Authority (the 10 Authority) is a joint exercise of powers authority, the members of which include numerous 11 cities and counties in the State of California, including the City of Carlsbad; and 12 ^3 WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE) 14 programs, which it has designated CSCDA Open PACE, consisting of CSCDA Open PACE 15 programs each administered by a separate program administrator (collectively with any successors, assigns, replacements or additions, the "programs"), to allow the financing or 17 refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening 18 improvements, electric vehicle charging infrastructure and such other improvements, 2Q infrastructure or other work as may be authorized by law from time to time (collectively, the 21 "improvements") through the levy of contractual assessments pursuant to Chapter 29 of 22 Division 7 of the Streets & Highways Code (Chapter 29) within counties and cities throughout 23 the State of California that consent to the inclusion of properties within their respective 24 territories in the programs and the issuance of bonds from time to time; and 25 26 27 28 3 1 WHEREAS, the program administrators currently active in administering programs are 2 the AllianceNRG Program (presently consisting of Deutsche Bank Securities Inc., CounterPointe 3 Energy Solutions LLC and Leidos Engineering LLC) and Renewable Funding LLC, and the 4 Authority will notify the city in advance of any additions or changes; and 5 , WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only 6 7 with the free and willing consent of the owner or owners of each lot or parcel on which an 8 assessment is levied at the time the assessment is levied; and ^ WHEREAS, the city desires to allow the owners of property (participating property 10 owners) within its territory to participate in the programs and to allow the Authority to conduct 11 assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or 12 ^3 refinance improvements; and 14 WHEREAS, the territory within which assessments may be levied for the programs shall 15 include all ofthe territory within the city's official boundaries; and WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for 17 the programs and issue any bonds issued in connection with the programs; and 18 WHEREAS, the city will not be responsible for the conduct of any assessment 19 2Q proceedings; the levy of assessments; any required remedial action in the case of delinquencies 21 in such assessment payments; or the issuance, sale or administration of any bonds issued in 22 connection with the programs; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 23 24 25 26 27 28 9 10 11 1 2. The City Council hereby finds and declares that properties in the territory of the 2 city will benefit from the availability of the programs within the territory of the city 3 and, pursuant thereto, the conduct of special assessment proceedings by the 4 Authority pursuant to Chapter 29 and the issuance of bonds to finance or 5 . refinance improvements. 6 7 3. In connection with the programs, the city hereby consents to the conduct of 8 special assessment proceedings by the Authority pursuant to Chapter 29 on any property within the territory of the city and the issuance of bonds to finance or refinance improvements; provided, that: a. The participating property owners, who shall be the legal owners of such 12 ^3 property, execute a contract pursuant to Chapter 29 and comply with other 14 applicable provisions of California law in order to accomplish the valid levy of 15 assessments. b. The city will not be responsible for the conduct of any assessment proceedings; 17 the levy of assessments; any required remedial action in the case of 18 delinquencies in such assessment payments; or the issuance, sale or 19 2Q administration of any bonds issued in connection with the programs. 21 c. The appropriate officials and staff of the city are hereby authorized and 22 directed to make applications for the programs available to all property owners who wish to finance or refinance improvements; provided, that the Authority shall be responsible for providing such applications and related materials at its own expense. 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 /// 11 /// 12 13 /// 14 /// 15 /// 16 /// 17 /// 18 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 26 /// 27 28 d. The appropriate officials and staff of the city are hereby authorized and directed to execute and deliver such certificates, requisitions, agreements and related documents as are reasonably required by the Authority to implement the programs. 4. This Resolution shall take effect immediately upon its adoption. The City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the Authority at: Secretary of the Board, California Statewide Communities Development Authority, 1400 K Street, Sacramento, CA 95814. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 9*'' day of June, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, Cily Clerk (SEAL) /5?^^^.^^'o>