R10940City Council Meeting: March 1, 2010
Santa Monica, California
RESOLUTION NUMBER 1 e.I (CCS)
(City Council Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF
THE CITY IN THE CALIFORNIA STATEWIDE COMMUNITY DEVELOPMENT
AUTHORITY 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
"CSCDA 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
Santa Monica; and
WHEREAS, the CSCDA 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 "CSCDA
PACE 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
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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 of Santa Monica 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 City approved PACE Programs,
including the CSCDA Programs and to allow the CSCDA 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 PACE
Programs shall include all of the territory within the City of Santa Monica's official
boundaries; and
WHEREAS, the CSCDA Authority will conduct all assessment proceedings under
Chapter 29 for the Programs and issue any bonds issued in connection with the CSCDA
PACE Programs; and
WHEREAS, the City of Santa Monica will not be responsible for the conduct of
any assessment proceedings; the levy of assessments; any required remedial action in
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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 SANTA MONICA
DOES RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth hereinabove are true and correct in all
respects.
SECTION 2. This City Council hereby finds and declares that properties in the
territory of the City will benefit from the availability of the CSCDA PACE 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 3. The City consents to the inclusion of properties within the territory
of the City in the CSCDA PACE Program, and authorizes the CSCDA to accept
applications from property owners within the City for participation in the CSCDA PACE
Program.
SECTION 4. The City 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 in
accordance with applicable laws, rules and regulations; 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
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(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 CSCDA PACE
Program.
SECTION 5. The City Manager or his designee is authorized to execute and
deliver any certificates, requisitions, agreements and related documents as are
reasonably required by the City for the CSCDA Authority to implement the CSCDA Pace
Program.
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.
,. N N • r WARMLOWNUT
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Adopted and approved this 15� day of March, 2016.
Tonl Vazquez, y
I, Denise Anderson Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Resolution No. 10940 (CCS) was duly adopted at a
meeting of the Santa Monica City Council held on the 15t day of March, 2016, by the
following vote:
AYES: Councilmembers O'Day, Himmelrich, Davis, McKeown,
Mayor Pro Tem Winterer, Mayor Vazquez
NOES: None
ABSENT: Councilmember O'Connor
ATTEST:
Denise Anderson -Warren, - - City Clerk