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HomeMy WebLinkAboutReso 149-17 Golden State Finance Authority's Contractual Assessment Program for PACE Authorized Under AB 811 ..,r. .,..der. x.tt=w-,:.ter—.-. w�i�r^ aav W:. ✓ _:..,. x.�:N:.-c.a=avarvc-}v. .3.?[�r+b+rt T RESOLUTION NO. 149 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY OF DUBLIN'S JURISDICTION IN THE GOLDEN STATE FINANCE AUTHORITY PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AND OTHER IMPROVEMENTS AND APPROVING ASSOCIATE MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY RELATED THERETO WHEREAS, the Golden State Finance Authority (GSFA) is a joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500 and following) (Act) and the Joint Power Agreement entered into on July 1, 1993, as amended from time to time (GSFA JPA); and WHEREAS, GSFA has established a property assessed clean energy (PACE) Program (GSFA PACE Program) to provide for the financing of renewable energy generation, energy and water efficiency improvements, electric vehicle charging infrastructure, and other improvements (Improvements) pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and Highways Code (Chapter 29) within counties and cities throughout the State of California that elect to participate in such program; and WHEREAS, City of Dublin (City) is committed to development of renewable energy generation and energy and water efficiency improvements, reduction of greenhouse gases, and protection of the environment; and WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist property owners in financing the cost of installing Improvements through a voluntary contractual assessment program; and WHEREAS, installation of such Improvements by property owners within the jurisdictional boundaries of the counties and cities that are participating in the GSFA PACE Program would promote the purposes cited above; and WHEREAS, the City wishes to provide innovative solutions to its property owners to achieve energy and water efficiency, and in doing so cooperate with GSFA in order to efficiently and economically assist property owners within the City in financing such Improvements; and WHEREAS, GSFA has established the GSFA PACE Program, which is such a voluntary contractual assessment program, as permitted by the Act, the GSFA JPA, originally made and entered into July 1, 1993, as amended to date, and the City, desires to become an Associate Member of the JPA by acknowledgment of the JPA Agreement to participate in the programs of the JPA, and to assist property owners within the jurisdiction of the City in financing the cost of installing Improvements; and WHEREAS, the City will not be responsible for the conduct of any assessment proceedings; the levy and collection of assessments or any required remedial action in the case of delinquencies in the payment of any assessments or the issuance, sale or administration of any bonds issued in connection with the GSFA PACE Program. Reso No. 149-17, Adopted 12/5/2017, Item No. 4.3 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED THAT: 1. This City Council finds and declares that properties in the City's incorporated area will be benefited by the availability of the GSFA PACE Program to finance the installation of the Improvements. 2. This City Council consents to inclusion in the GSFA PACE Program of all of the properties in the jurisdictional boundaries of the City and to the Improvements, upon the request by and voluntary agreement of owners of such properties, in compliance with the laws, rules and regulations applicable to such program; and to the assumption of jurisdiction there over by GSFA for the purposes thereof. 3. The consent of this City Council constitutes assent to the assumption of jurisdiction by GSFA for all purposes of the GSFA PACE Program and authorizes GSFA, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements, including the levying, collecting and enforcement of the contractual assessments to finance the Improvements and the issuance and enforcement of bonds to represent such contractual assessments. 4. City staff is authorized and directed to coordinate with GSFA Authority staff to facilitate operation of the GSFA PACE Program within the City. 5. This Resolution shall take effect immediately upon its adoption. The City Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority. BE IT FURTHER RESOLVED that the City Council of the City of Dublin does hereby approve joining the JPA as an Associate Member, with a copy of the JPA Agreement attached hereto as Exhibit A, and authorizes the City Manager to execute the Golden State Finance Authority Signature Page for New Associate Members attached hereto as Exhibit B, and any necessary documents to effectuate such membership. PASSED, APPROVED AND ADOPTED this 5th day of December, 2017, by the following vote: AYES: Councilmembers Biddle, Goel, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: ABSTAIN: Mayor ATTEST: pt_ City Clerk Reso No. 149-17, Adopted 12/5/2017, Item No. 4.3 Page 2 of 2 SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS NAME OF COUNTY OR CITY: ______________________________ Dated: By: Name: Title: Attest: By __________________________________ [Clerk of the Board Supervisors or City Clerk] SIGNATURE PAGE FOR NEW ASSOCIATE MEMBERS ACKNOWLEDGING RECEIPT OF THE GOLDEN STATE FINANCE AUTHORITY AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT CITY OF DUBLIN By: Dated: Christopher L. Foss, City Manager Attest: By __________________________________ City Clerk