HomeMy WebLinkAbout2017-02-14 - RESOLUTIONS - INCLUSION IN PACE PROGRAMS (2)RESOLUTION NO. 17-12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA,
CALIFORNIA, CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
TERRITORY OF THE CITY OF SANTA CLARITA IN THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY 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 SANTA CLARITA; AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority (Authority
or CSDA) 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 Santa Clarita (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 (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
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 the Programs
are the AllianceNRG Program (CounterPointe Energy Solutions (CA), LLC); PACE Funding,
LLC; CaliforniaFirst (Renew Financial Group, LLC); CleanFund Commercial PACE Capital;
and Spruce Finance, and the Authority will notify the City in advance of any additions or
changes; 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 commercial property only
(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
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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 assessment payments; or the issuance, sale, or administration of any bonds issued in
connection with the Programs.
NOW, THEREFORE, the City Council of the City of Santa Clarita does hereby
resolve as follows:
SECTION 1. The 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 commercial
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: Planning, Marketing, and Economic Development Manager and Environmental
Services Manager.
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
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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.
SECTION 7. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 14th day of February 2017.
MAYOR
ATTEST:
�V
CITY CLERK
DATE:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the
foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a
regular meeting thereof, held on the 14th day of February 2017, by the following vote:
AYES: COLNCILMEMBERS : Kellar, Weste, McLean, Miranda, Smyth
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS: None
CITY CLERK