HomeMy WebLinkAbout025-2015RESOLUTION NO. 25-2015
CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE TOWN'S
JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2014-1 (CLEAN ENERGY) TO
FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY AND
WATER CONSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE MEMBERSHIP
IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO
WHEREAS, the California Home Finance Authority, a California joint powers authority,
(the "Authority") has established the Community Facilities District No. 2014-1(Clean
Energy) in accordance with the Mello -Roos Community Facilities Act, set forth in sections
53311 through 53368.3 of the California Government Code (the "Act") and particularly in
accordance with sections 53313.5(1) and 53328.1(a) (the "District"); and
WHEREAS, the purpose of the District is to finance or refinance (including the payment of
interest) the acquisition, installation, and improvement of energy efficiency, water
conservation, renewable energy and electric vehicle charging infrastructure improvements
permanently affixed to private or publicly -owned real property (the "Authorized
Improvements"); and
WHEREAS, the Authority is in the process of amending the Authority Joint Powers
Agreement (the "Authority JPA") to formally change its name to the Golden State Finance
Authority; and
WHEREAS, the Town of Danville is committed to development of renewable energy
generation and energy efficiency improvements, reduction of greenhouse gases, and
protection of the environment; and
WHEREAS, in the Act, the Legislature has authorized a parcel within the territory of the
District to annex to the District and be subject to the special tax levy of the District only (i) if
the city or county within which the parcel is located has consented, by the adoption of a
Resolution by the applicable city council or county board of supervisors, to the inclusion of
parcels within its boundaries in the District and (ii) with the unanimous written approval
of the owner or owners of the parcel when it is annexed (the "Unanimous Approval
Agreement"), which, as provided in section 53329.6 of the Act, shall constitute the election
required by the California Constitution; and
WHEREAS, the Town wishes to provide innovative solutions to its property owners to
achieve energy efficiency and water conservation and in doing so cooperate with the
Authority in order to efficiently and economically assist property owners the Town in
financing such Authorized Improvements; and
WHEREAS, the Authority has established the District, as permitted by the Act, the
Authority JPA, originally made and entered into July 1, 1993, as amended to date, and the
Town, desires to become an Associate Member of the JPA by execution of the JPA
Agreement, a copy of which is attached as Exhibit "A" hereto, to participate in the
programs of the JPA and, to assist property owners within the incorporated area of the
Town in financing the cost of installing Authorized Improvements; and
WHEREAS, the Town will not be responsible for the conduct of any special tax
proceedings; the levy and collection of special taxes or any required remedial action in the
case of delinquencies in the payment of any special taxes in connection with the District;
now, therefore, be it
RESOLVED that:
1. The Danville Town Council finds and declares that properties in the Town's
incorporated area will be benefited by the availability of the Authority CFD No. 2014-1
(Clean Energy) to finance the installation of the Authorized Improvements.
2. The Danville Town Council consents to inclusion in the Authority CFD No.
2014-1 (Clean Energy) of all of the properties in the incorporated area within the Town and
to the Authorized Improvements, upon the request of and execution of the Unanimous
Approval Agreement by the owners of such properties when such properties are annexed,
in compliance with the laws, rules and regulations applicable to such program; and to the
assumption of jurisdiction thereover by Authority for the purposes thereof.
3. The consent of this Town Council constitutes assent to the assumption of
jurisdiction by the Authority for all purposes of the Authority CFD No. 2014-1 (Clean
Energy) and authorizes the Authority, upon satisfaction of the conditions imposed in this
Resolution, to take each and every step required for or suitable for financing the
Authorized Improvements.
4. This Town Council hereby approves joining the JPA as an Associate Member
and authorizes the execution by appropriate Town officials of any necessary documents to
effectuate such membership.
5. Town staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the Town, and
report back periodically to this Town Council on the success of such program.
This Resolution shall take effect immediately upon its adoption. The City Clerk is directed
to send a certified copy of this Resolution to the Secretary of the Authority.
APPROVED by the Danville Town Council at a regular meeting on March 17, 2015 by the
following vote:
PAGE 2 OF RESOLUTION NO. 25-2015
AYES: Doyle, Stepper, Arnerich, Morgan, Storer
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY
AYOR
ATTEST:
0
CITY CLERK
PAGE 3 OF RESOLUTION NO. 25-2015