HomeMy WebLinkAboutReso - CC - 034-2015RESOLUTION NO. 34-2015
RESOLUTION OF CITY COUNCIL OF THE CITY OF BURLINGAME CONSENTING TO THE
INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY 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; 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, including the City of Burlingame;, 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
AllianceNRG 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 or owners 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 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'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 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, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AS
FOLLOWS:
This City Council hereby finds and declares that properties in the territory of the
City will benefit from the availability of the Programs within the 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.
2. In connection with the Programs, the City 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 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 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.
3. The appropriate officials and staff of the City 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. Staff persons chosen by the City Manager from time to time, are hereby
designated as the contact persons for the Authority in connection with the
Programs.
4. The appropriate officials and staff of the City are 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.
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).
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.
Terry Nager, Mayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify that the
foregoing Resolution was introduced at a regular meeting of the City Council held on the 6th day of
April, 2015, and was adopted thereafter by the following vote:
AYES: Councilmembers: BROWNRIGG, KEIGHRAN, NAGEL, ORTIZ, ROOT
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
[I � "44 q & e-140 A�
Mary Elle Kearney, City Clerk