CC Resolution 11972RESOLUTION NO. 11972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CONSENTING TO
THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY OF CAMPBELL
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
CAMPBELL; 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; 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 and Renewable Funding LLC, and the Authority will
notify the City of Campbell 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 of Campbell 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 of Campbell 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 of Campbell 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 that the City Council of the City of Campbell
Section 1. Hereby finds and declares that properties in the territory of the City of Campbell
will benefit from the availability of the Programs within the territory of the City of Campbell 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 of Campbell 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 of Campbell 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 of Campbell 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 City Manager and staff of the City of Campbell 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.
Section 4. The City Manager of the City of Campbell is 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.
PASSED AND ADOPTED this 19th day of April, 2016 by the following roll call vote:
AYES: Councilmembers: Kotowski, Gibbons, Baker
NOES: Councilmembers: Resnikoff, Cristina
ABSENT: Councilmembers: None
A PROVED:
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son T. Baker, Mayor
ATTEST:
Wendy od, City Clerk