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HomeMy WebLinkAboutCC RES 17-26RESOLUTION NO. 17-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE GOLDEN STATE FINANCE AUTHORITY PACE PROGRAM TO FINANCE RENEWABLE ENERGY GENERATION, ENERGY AND WATER EFFICIENCY IMPROVEMENTS, ELECTRIC VEHICLE CHARGING INFRASTRUCTURE, AND OTHER AUTHORIZED IMPROVEMENTS WHEREAS, the Golden State Finance Authority ("Authority") 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) (the "Act") and the Joint Power Agreement entered into on July 1, 1993, as amended from time to time (the "Authority JPA"); and WHEREAS, the Authority has amended the Authority JPA to formally change its name from California Home Finance Authority to Golden State Finance Authority; and WHEREAS, Authority has established a property -assessed clean energy ("PACE") Program (the "Authority PACE Program") to provide for the financing of renewable energy generation, energy and water efficiency improvements, electric vehicle charging infrastructure, and such other improvements as may be authorized by law from time to time (the "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, the City of Tustin (the "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 Authority 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 Authority in order to efficiently and economically assist property owners within the territory of the City in financing such Improvements; and WHEREAS, Authority has established the Authority PACE Program, which is such a voluntary contractual assessment program, as permitted by the Act and the Authority JPA originally made and entered into July 1, 1993, as amended to date; the City is an Associate Member of the JPA and desires to participate in the Authority PACE Program and to assist property owners within the territory of the City in financing the cost of installing Improvements; and Resolution 17-26 Page 1 of 3 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 Authority PACE Program. NOW, THEREFORE, BE IT RESOLVED THAT: 1. This City Council finds and declares that properties in the City's territory will be benefited by the availability of the Authority PACE Program to finance the installation of the Improvements. 2. This City Council consents to inclusion in the Authority PACE Program of all of the properties in the territory within 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 Authority for the purposes thereof. 3. The consent of this City Council constitutes assent to the assumption of jurisdiction by Authority for all purposes of the Authority PACE Program and authorizes Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every step required for or suitable for financing the Improvements; provided, however, that the City shall assist in the levying, collecting and enforcement of the contractual assessments and the issuance and enforcement of bonds to finance the Improvements. 4. City staff is authorized and directed to coordinate with Authority staff to facilitate operation of the Authority PACE Program within the City, and report back periodically to this City Council on the success of such program. 5. This Resolution shall take effect immediately upon its adoption. The Clerk is directed to send a certified copy of this resolution to the Secretary of the Authority. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 6'h day of June 2017. ATTEST: r 2 ERICA N. RABE, City Clerk - q&�O� DR. A LAN BERNSTEIN, Mayor Resolution 17-26 Page 2 of 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council is five; that the above and foregoing Resolution No. 17-26 was duly and regularly passed and adopted at a regular meeting of the City Council held on the 6th day of June, 2017 by the following vote: COUNCILMEMBER AYES: Bernstein, Murray, Gomez, Clark (4-) COUNCILMEMBER NOES: (0 COUNCILMEMBER ABSTAINED: (0 ) COUNCILMEMBER ABSENT: Pinkett ( 1 ) &7 ERICA N. RABE, City Clerk Resolution 17-26 Page 3 of 3