HomeMy WebLinkAboutResolutions - No. 2015-111RESOLUTION NO. 2015-111
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY OF LODI TO JOIN THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA) OPEN
PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM
WHEREAS, the California Statewide Communities Development Authority ("Authority") 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 Lodi ("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, 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) and Renewable Funding,
LLC, 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 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 property ("Participating Property
Owners") within the incorporated area of the City to participate in the Programs and to allow the
Authority to conduct assessment proceedings under Chapter 29 within the incorporated territory
of the City and to issue Bonds under the 1915 Act to finance or refinance the 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
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 or collection of assessments or any required remedial action in the case
of delinquencies in such assessment payments; or the issuance, sale or administration of any
other bonds issued in connection with the Programs.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council:
Section 1. Finds and declares that properties in the City's incorporated area will
benefit from the availability of the Programs within the incorporated 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, hereby consents to the conduct of
special assessment proceedings by the Authority pursuant to Chapter 29 on any property within
its jurisdiction 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 or collection of assessments or any required remedial action in the case
of delinquencies in such assessment payments; or the issuance, sale or
administration of the Bonds or any other bonds issued in connection with the
Programs.
Section 3. The appropriate officials and staff of the City are authorized, but not
required, 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 appropriate officials and staff of the City are hereby authorized 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, California, 95814.
Dated: July 15, 2015
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I hereby certify that Resolution No. 2015-111 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held July 15, 2015, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
NNIFERW. FERRAIOLO
City Clerk
2015-111