HomeMy WebLinkAboutReso 150-17 California Municipal Finance Authority Open PACE Program RESOLUTION NO. 150 — 17
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN
THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE PROGRAMS; AUTHORIZING
THE CALIFORNIA MUNICIPAL FINANCE 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 Municipal Finance Authority (CMFA) 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 Dublin (City); and
WHEREAS, the CMFA is implementing Property Assessed Clean Energy (PACE) programs,
which it has designated CMFA Open PACE, consisting of CMFA 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 Energy
Efficient Equity, Inc.; BlueFlame PACE Services LLC; OnPACE Energy Solutions, LLC; Petros PACE
Administrator, LLC; Structured Finance Associates, LLC; and Twain Community Partners II LLC; and
the CMFA 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 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 CMFA 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
Reso No. 150-17, Adopted 12/5/2017, Item No. 4.3 Page 1 of 3
assessment payments; or the issuance, sale, administration repayment or guarantee of any bonds
issued in connection with the Programs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin as follows:
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 CMFA pursuant to Chapter 29 and the issuance of
bonds to finance or refinance Improvements.
2. In connection with the Programs, the City hereby consents to the conduct of special
assessment proceedings by the CMFA 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
(a) 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
(b) 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, administration, repayment or guarantee of any bonds issued in
connection with the Programs.
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.
4. The City may withdraw from the Programs or any Program upon six months written
notice to the CMFA. The City may withdraw its consent and approval for the conduct of special
assessment proceedings by any specific program administrator under a Program within the
jurisdictional limits of the City upon 30 days written notice to the CMFA without (a) liability to the
Authority or any affiliated entity, and (b) withdrawing its consent and approval for the conduct of
special assessment proceedings by any other program administrators under the other Programs. The
City's withdrawal from any Program shall not affect the validity of any voluntary assessment contract
entered into prior to the date of such withdrawal or entered into after the date of such withdrawal so
long as the application for such voluntary assessment contract was submitted to and approved by the
CMFA prior to the date of the City's notice of withdrawal.
5. 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 Financial Advisor of the Authority at: California Municipal Finance Authority, 2111 Palomar
Airport Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper.
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:
Reso No. 150-17, Adopted 12/5/2017, Item No. 4.3 Page 2 of 3
ABSTAIN:
Mayor
ATTES :
ect
City Clerk
Reso No. 150-17, Adopted 12/5/2017, Item No. 4.3 Page 3 of 3