HomeMy WebLinkAboutRES CC 2018 3731 2018 0801 RESOLUTION NO. 2018-3731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA CONSENTING TO THE
INCLUSION OF PROPERTIES WITHIN THE TERRITORY
OF THE CITY OF MOORPARK IN THE CALIFORNIA
STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY (CSCDA) OPEN PACE PROGRAMS;
AUTHORIZING THE CSCDA TO ACCEPT APPLICATIONS
FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL
ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE
TERRITORY OF THE CITY OF MOORPARK; 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 Moorpark
(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 Group LLC, CaliforniaFirst (Renew Financial Group LLC), CleanFund
Commercial PACE Capital and Spruce Pace 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
Resolution No. 2018-3731
Page 2
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 MOORPARK
DOES HEREBY RESOLVE 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: Community Services Manager.
Resolution No. 2018-3731
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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 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, CA 95814
SECTION 7. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 1st day of August, 2018.
4 . ,
ice S. Parvin, Mayor
ATTEST: Amin,` �
400.040
Maureen Benson, City Clerk `- •
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Resolution No. 2018-3731
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STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Resolution No. 2018-3731 was
adopted by the City Council of the City of Moorpark at a regular meeting held on the 1st
day of August, 2018, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 6th day of August, 2018.
N�itJ�-ate
Maureen Benson, City Clerk
(seal)
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