CC Resolution No. 17-015 Consenting to the Inclusion of Properties within the Territory of the City in the CSCDA Open PACE ProgramsRESOLUTION NO . 17-015
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
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 Cupertino
(the "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 (CounterPointe Energy Solutions (CA) LLC),
PACE Funding LLC, CaliforniaFirst (Renew Financial Group LLC), CleanFund
Commercial PACE Capital and Spruce Finance 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
Resolution No. 17-015
Page 2
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, BE IT RESOLVED by the City Council of the City of
Cupertino as follows:
Section 1. 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.
Section 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.
Resoluti o n No. 17-01 5
Page3
Section 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.
The following staff persons, together with any other staff persons chosen by the City
Manager of the City from time to time, are hereby designated as the contact persons for
the Authority in connection with the Programs: Misty Mersich, Sustainability Manager
Section 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.
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 153~8(b)(4).
Section 6. This Resolution shall take eff ect once it is adopted only for a
program administrator who has entered into the collaborative services agreement with
the Association of Bay Area Gcwernments (ABAG) and provides the City a fully
executed copy of such agreement with ABAG. 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.
Resolution No. 17-0 15
Page4
PASS ED AND ADOPTED at a Regular M eeting of the City Council of the City of
Cupertino the 7th day of February, 2017 by the following vote:
AYES:
NOES :
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Vaidhyanathan, Paul, Chang, Scharf, Sinks
None
None
None
APPROVED :
021/~~QLI di ~J/~ct~
Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor,
City of Cupertino