CC Resolution 2016-021RESOLUTION NO. 2016 - 021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, 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 La Quinta;
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), PACE
Funding 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 voluntary consent of the owner(s) 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
Resolution No. 2016-021
Consenting to Inclusion of Properties for CaliforniaFIRST PACE Program
Adopted: June 21, 2016
Page 2 of 3
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 La Quinta,
California, 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 execute and deliver such certificates, requisitions, agreements and related
documents as are reasonably required by the Authority to implement the Programs.
Resolution No. 2016-021
Consenting to Inclusion of Properties for CaliforniaFIRST PACE Program
Adopted: June 21, 2016
Page 3 of 3
SECTION 4. 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 5. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City
Council held on this 21st day of June, 2016, by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, City Crk
City of La Quints, California
(CITY SEAL)
APPROVED AS TOFORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California