HomeMy WebLinkAboutReso 02-17 CSCDA Open Space Programs RESOLUTION NO. 02 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY
OF DUBLIN IN THE CSCDA OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY OF DUBLIN; AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority (the Authority) is a
joint exercise of powers authority, the members of which include numerous cities and counties in the
State of California, including the City of Dublin (the City); and
WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE) programs,
which it has designated CSCDA Open PACE, consisting of CSCDA Open PACE programs each
administered by a separate program administrator (collectively with any successors, assigns,
replacements or additions, the "Programs"), to allow the financing or refinancing of renewable energy,
energy efficiency, water efficiency and seismic strengthening improvements, electric vehicle charging
infrastructure and such other improvements, infrastructure or other work as may be authorized by law
from time to time (collectively, the "Improvements") through the levy of contractual assessments
pursuant to Chapter 29 of Division 7 of the Streets & Highways Code (Chapter 29) within counties
and cities throughout the State of California that consent to the inclusion of properties within their
respective territories in the Programs and the issuance of bonds from time to time; and
WHEREAS, the program administrators currently active in administering Programs are the
AllianceNRG Program (presently consisting of CounterPointe Energy Solutions LLC and Leidos
Engineering, LLC), PACE Funding LLC, Renewable Funding LLC, CleanFund Commercial PACE
Capital and Spruce Finance; and
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions only
with the free and willing consent of the owner or owners of each lot or parcel on which an assessment
is levied at the time the assessment is levied; and
WHEREAS, the City desires to allow the owners of property (Participating Property Owners)
within its territory to participate in the Programs and to allow the Authority to conduct assessment
proceedings under Chapter 29 within its territory and to issue bonds to finance or refinance
Improvements; and
WHEREAS, the territory within which assessments may be levied for the Programs shall
include all of the territory within the City's official boundaries; and
WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for the
Programs and issue any bonds issued in connection with the Programs; and
WHEREAS, the City will not be responsible for the conduct of any assessment proceedings;
the levy of assessments; any required remedial action in the case of delinquencies in such
Reso No. 02-17, Adopted 01/10/2017, Item No. 4.3 Page 1 of 3
assessment payments; or the issuance, sale or administration of any bonds issued in connection with
the Programs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does as
follows:
Section 1. This City Council hereby finds and declares that properties in the territory of the
City will benefit from the availability of the Programs within the territory of the City and, pursuant
thereto, the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 and
the issuance of bonds to finance or refinance Improvements.
Section 2. In connection with the Programs, the City hereby consents to the conduct of
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
(1) The Participating Property Owners, who shall be the legal owners of such
property, execute a contract pursuant to Chapter 29 and comply with other applicable
provisions of California law in order to accomplish the valid levy of assessments; and
(2) The City will not be responsible for the conduct of any assessment proceedings;
the levy of assessments; any required remedial action in the case of delinquencies in such
assessment payments; or the issuance, sale or administration of any bonds issued in
connection with the Programs.
Section 3. The appropriate officials and staff of the City are hereby authorized and 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. The following staff persons, together with any
other staff persons chosen by the City Manager of the City from time to time, are hereby designated
as the contact persons for the Authority in connection with the Programs: Environmental Coordinator.
Section 4. 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.
Section 5. The City Council hereby finds that adoption of this Resolution is not a "project"
under the California Environmental Quality Act, because the Resolution does not involve any
commitment to a specific project which may result in a potentially significant physical impact on the
environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4).
Section 6. This Resolution shall take effect immediately upon its adoption. The City Clerk is
hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of the
Authority at: Secretary of the Board, California Statewide Communities Development Authority, 1400
K Street, Sacramento, CA 95814.
Reso No. 02-17, Adopted 01/10/2017, Item No. 4.3 Page 2 of 3
PASSED, APPROVED AND ADOPTED this 10th day of January 2017, by the following vote:
AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert
NOES:
ABSENT:
ABSTAIN:
(/'\` Mayor
ATTEST:
City Clerk
Reso No. 02-17, Adopted 01/10/2017, Item No. 4.3 Page 3 of 3