HomeMy WebLinkAbout2015-003 - Californiafirst ProgramROH — 01/20/15
RESOLUTION NO. 2015 -003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
CITY'S JURISDICTION IN THE CALIFORNIAFIRST PROGRAM TO
FINANCE RENEWABLE ENERGY AND ENERGY AND WATER
EFFICIENCY IMPROVEMENTS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1. The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A. The California Statewide Communities Development Authority ( "California
Communities ") 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 Ana (the "City ").
B. California Communities has established the CaliforniaFIRST program (the
"CaliforniaFIRST Program ") to allow the financing of certain renewable
energy, energy efficiency and water efficiency improvements (the
"Improvements ") through the levy of contractual assessments pursuant to
Chapter 29 of Division 7 of the Streets & Highways Code ( "Chapter 29 ")
and the issuance of improvement bonds (the "Bonds ") under the
Improvement Bond Act of 1915 (Streets and Highways Code Sections
8500 and following) (the "1915 Act ") upon the security of the unpaid
contractual assessments.
C. Chapter 29 provides that assessments may be levied under its provisions
only with the free and willing consent of the owner of each lot or parcel on
which an assessment is levied at the time the assessment is levied.
D. The City desires to allow the owners of property ( "Participating Property
Owners ") within the incorporated territory of the City to participate in the
CaliforniaFIRST Program and to allow California Communities to conduct
assessment proceedings under Chapter 29 within the incorporated
territory of the City and to issue Bonds under the 1915 Act to finance the
Improvements.
E. California Communities will conduct assessment proceedings under
Chapter 29 and issue Bonds under the 1915 Act to finance Improvements.
The City will not be responsible for the conduct of any assessment
proceedings; the levy or collection of assessments or any required
remedial action in the case of delinquencies in such assessment
Resolution No. 2015 -003
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payments; or the issuance, sale or administration of the Bonds or any
other bonds issued in connection with the CaliforniaFIRST Program.
Section 2. This City Council hereby finds and declares that properties in the
City's incorporated area will benefit from the availability of the CaliforniaFIRST Program
within the incorporated territory of the City and, pursuant thereto, the conduct of special
assessment proceedings by California Communities pursuant to Chapter 29 and the
issuance of Bonds under the 1915 Act.
Section 3. In connection with the CaliforniaFIRST Program, the City hereby
consents to the conduct of special assessment proceedings by California Communities
pursuant to Chapter 29 on any property within its jurisdiction and the issuance of Bonds
under the 1915 Act; 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 City will not be responsible for the conduct of any °assessment
proceedings; the levy or collection of assessments or any required
remedial action in the case of delinquencies in such assessment
payments; or the issuance, sale or administration of the Bonds or any
other bonds issued in connection with the CaliforniaFIRST Program.
(3) The issuance of Bonds will occur following receipt of a final judgment in a
validation action filed by California Communities pursuant to Code of Civil
Procedure Section 860 that the Bonds are legal obligations of California
Communities.
Section 4. Pursuant to the requirements of Chapter 29, California
Communities has prepared and will update from time to time the "Program Report' for
the CaliforniaFIRST Program (the "Program Report'), and California Communities will
undertake assessment proceedings and the financing of Improvements as set forth in
the Program Report.
Section 5. The appropriate officials and staff of the City are hereby authorized
and directed to execute and deliver such closing certificates, requisitions, agreements
and related documents as are reasonably required by California Communities in
accordance with the Program Report to implement the CaliforniaFIRST Program for
Participating Property Owners.
Section 6. The City 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
Resolution No. 2015 -003
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Code of Regulations, Section 15378(b)(4).
Section 7. 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 California Communities.
ADOPTED this 201h day of January, 2015.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
M
AYES: Councilmembers: Amezcua, Benavides, Martinez, Pulido, Revna
Sarmiento, Tinalero (7)
NOES: Councilmembers: None (0)
ABSTAIN: Councilmembers: None (0)
NOT PRESENT: Councilmembers:
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Resolution No. 2015 -003 to be the original resolution adopted by the City Council of the
City of Santa Ana on January 20, 2015.
Date: l Id %
v. iJ• (�r
Clerk of the Council
City of Santa Ana
Resolution No. 2015 -003
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