HomeMy WebLinkAbout070-2016RESOLUTION NO. 70-2016
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TOWN'S
JURISDICTION IN THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY (CSCDA) OPEN PACE PROGRAM
WHEREAS, 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 Town of Danville;
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 Deutsche Bank Securities Inc.,
CounterPointe Energy Solutions LLC and Leidos Engineering, LLC), PACE Funding
LLC, Spruce and Renewable Funding LLC, and the Authority will notify the
[County/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 Town of Danville 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 Town of Danville'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, that the Town of Danville 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, be it
RESOLVED, the Danville Town Council hereby finds and declares that properties in the
territory of the Town of Danville will benefit from the availability of the Programs within
the territory of the Town of Danville 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; and, be it further
RESOLVED, in connection with the Programs, the Town of Danville hereby consents
to the conduct of special assessment proceedings by the Authority pursuant to
Chapter 29 on any property within the territory of the Town of Danville 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 Town of Danville 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; and, be it further
RESOLVED, that the appropriate officials and staff of the Town of Danville 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
Town Manager of the Town of Danville from time to time, are hereby designated as the
contact persons for the Authority in connection with the Programs: City Attorney and
Assistant to the Town Manager; and, be it further
RESOLVED, the appropriate officials and staff of the Town of Danville are hereby
authorized and directed to execute and deliver such certificates, requisitions, agreements
PAGE 2 OF RESOLUTION NO. 70-2016
and related documents as are reasonably required by the Authority to implement the
Programs; and further be it
RESOLVED, that the Town of Danville 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); and, be it further
RESOLVED, that this Resolution shall take effect immediately upon its adoption. The
Town of Danville 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.
APPROVED by the Danville Town Council at a regular meeting on July 5, 2016 by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Doyle, Morgan, Stepper, Storer
None
None
None
APPROVED AS TO
FORM:
CITY ATTORNEY
TTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 70-2016
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that this is a true and
correct copy of Town Council Resolution No. 70-2016
Marie Sunseri, City Clerk