HomeMy WebLinkAboutAgr 2015-09-02 (CSDA)Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 E. 415.435.2438 • www.ci.tiburon.ca.us
Office of the Town Clerk / 415.435.7377
October 2, 2015
Secretary of the Board
California Statewide Communities Development Authority
1400 k Street
Sacramento, CA 95814
RE: OPEN PACE PROGRAMS — Town of Tiburon
Dear Sir and Madam:
Enclosed please find a certified copy of Town's Resolution No. 37-2015,
authorizing CSDA to accept applications from property owners in the Town of
Tiburon.
Please let me know if you need anything futher
Thank you for your cooperation in this matter.
Very truly yours,
Diane Crane lacopi
Town Clerk
Enclosure
Cc: Kyra O'Malley, Associate Planner
Frank X. Doyle
Mayor
Erin Tollini
Vice Mayor
Jim Fraser
Councilmember
Alice Fredericks
Councilmember
Emmett O'Donnell
Councilmember
Margaret A. Curran
Town Manager
RESOLUTION NO. 37-2015
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONSENTING
TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE TOWN 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 TOWN;
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 Town of Tiburon (the "Town"); 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 Town in advance of any additions or changes; and
WHEREAS, the Town has previously consented to the inclusion of properties within its
territory in the Program administered by Renewable Funding LLC (also known as the
CaliforniaFIRST program) and the Town now desires to consent to the inclusion of properties
within its territory in the Programs administered by the additional program administrators;
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 Town 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
Tiburon Town Council
Resolution No. 37-2015 09/02/2015 P. 1
WHEREAS, the territory within which assessments may be levied for the Programs shall
include all of the territory within the Town'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 Town 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 Town Council of the Town of
Tiburon as follows:
Section 1. This Town Council hereby finds and declares that properties in the
territory of the Town will benefit from the availability of the Programs within the territory of the
Town 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 Town hereby consents to the conduct
of special assessment proceedings by the Authority pursuant to Chapter 29 on any property
within the territory of the Town 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 Town 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 Town 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 Town Manager of the Town from
time to time, are hereby designated as the contact persons for the Authority in connection with
the Programs: Town Manager.
Section 4. The appropriate officials and staff of the Town 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.
Tiburon Town Council
Resolution No. 37-2015 09/02/2015 P. 2
Section 5. The Town 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
Town 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.
PASSED AND ADOPTED at a regular meeting of the Town Council on September 2, 2015, by
the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST') / ?
DIANE CRANE.IACOPI, TOWN CLERK
Tiburon Town Council
FRANK DOYLE, MAYOR
TOWN OF TIBURON
Resolution No. 37-2015 09/02/2015 P. 3