CC Resolution 11974RESOLUTION N0.11974
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CONSENTING TO
INCLUSION OF PROPERTIES WITHIN THE CITY'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 City of Campbell 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 City wishes to provide innovative solutions to its property owners to achieve
energy efficiency and water conservation and in doing so cooperate with Authority in order to
efficiently and economically assist property owners the City 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 City, 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 City in financing the cost of installing
Authorized Improvements; and
WHEREAS, the City 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 the City Council of the City of Campbell
1. Finds and declares that properties in the City of Campbell 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. Consents to inclusion in the Authority CFD No. 2014-1 (Clean Energy) of all of
the properties in the incorporated area within the City 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 there over by
Authority for the purposes thereof.
3. The consent of this City Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the Authority CFD No. 2014-1 (Clean Energy) and
authorizes 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. Hereby approves joining the JPA as an Associate Member and authorizes the
execution by the City Manager of any necessary documents to effectuate such membership.
5. City Manager is authorized and directed to coordinate with Authority staff to
facilitate operation of the Authority CFD No. 2014-1 (Clean Energy) within the City
6. 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.
PASSED AND ADOPTED this 19th day of April, 2016 by the following roll call vote:
AYES: Councilmembers: Kotowski, Gibbons, Baker
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
\'f '~
ason T. Baker, Mayor
ATTEST:
Wendy od, City Clerk