Res 15-043RESOLUTION NO. 15 -043
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY,
CALIFORNIA 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 Poway (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 (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 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
Resolution No. 15 -043
Page 2
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 Poway 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.
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: the Director of Public Works.
Section 4. The appropriate officials and staff of the City are hereby authorized and
directed to execute and deliver such certificates, requisitions, agreement's 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
Resolution No. 15 -043
Page 3
Secretary of the Authority at: Secretary of the Board, California Statewide Communities
Development Authority, 1400 K Street, Sacramento, CA 95814.
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway at a
regular meeting this 20'" day of October 2015.
Steve Vaus, Mayor
ATTEST:
hN 1 u 1-" ,&)t�
Sheila R. Cobain, CMC, City Clerk
STATE OF CALIFORNIA )
) SS
COUNTY OF SAN DIEGO )
I, Sheila R. Cobian, CMC, City Clerk, of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 15 -043 was duly adopted by the City
Council at a meeting of said City Council held on the 20th day of October 2015, and that it
was so adopted by the following vote:
AYES: LEONARD, CUNNINGHAM, MULLIN, GROSCH, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sheila R. Cobian, CMC, City Clerk
City of Poway