Loading...
HomeMy WebLinkAboutRES NO 099-2023RESOLUTION NO. 0 2 02 3 x_ ?0 23 - 1 b 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY O BAKERSFIELD, CALIFORNIA CONSENTING TO THE INCLUSION O THE PROPERTY LOCATED AT 5201 RIVERLAKES DRIV , BAKERSFIELD, CALIFORNIA IN THE CSCDA OPEN PAC PROGRAM; AUTHORIZING THE CALIFORNIA STATEWID COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT A APPLICATION FROM THE OWNER OF SUCH PROPERT , CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AN LEVY CONTRACTUAL ASSESSMENTS ON SUCH PROPERTY; 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 City of Bakersfield (the "City"); and WHEREAS, Chapter 29 of Division 7 of the Streets & Highways Code (''Chapter 29") authorizes the Authority to establish voluntary contractual assessment programs to finance or refinance 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 within counties and cities throughout the State of California that consent to the participation of properties within their respective territories and the issuance of bonds: from time to time; and WHEREAS, for the purpose of providing financing and refinancing for the Improvements, the Authority has established the CSCDA Open PACE Program; and WHEREAS, the Authority has designated multiple third -party program administrators to administer the CSCDA Open PACE Program, including Nuveen Green Capital (including its affiliates, "Nuveen"); 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, Preservation Golf, LLC the owner (the "Participating Property Owner") of the property located at 5201 Riverlakes Drive, Bakersfield, California (the "Participating Property") has asked the Authority and Nuveen to provide financing through the CSCDA Open PACE Program for the installation optKF9s a - Page 1 of 3 Pages - OA �n ORIGIN °,La Improvements on the Participating Property (the "Project"), and the City consents and authorizes the Participating Property Owner to participate in the CSCDA Open PACE Program and consents and authorizes the Authority to conduct assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or refinance the installation of Improvements on the Participating Property (the "CSDSDA Open PACE Program Actions); and WHEREAS, the Authority shall conduct all assessment proceedings under Chapter 29 for the Participating Property and issue any bonds related to the Participating Property, and the City shall 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 Participating Property. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Bakersfield hereby resolves as follows: 1. The City Council finds and declares that the foregoing recitals are true and correct and incorporated herein by reference. 2. The City Council hereby finds and declares that the Participating Property will benefit from participating in the CSCDA Open PACE Program 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 the installation of Improvements on the Participating Property. 3. The City hereby consents to the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 on the Participating Property and the issuance of bonds to finance or refinance the installation of Improvements on the Participating Property; provided, that: (1) the Participating Property Owner, who shall be the legal owner of such property, executes a contract pursuant to Chapter 29 and complies with other applicable provisions of California law in order to accomplish the valid levy of assessments; and (2) the City shall 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 by the Authority in connection with the Participating Property. 4 f� - Page 2 of 3 Pages - 4. The City Manager or designee is 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 authorization accomplished by this Resolution. The City Manager or designee is hereby designated as the contact persons for the Authority in connection with the CSCDA Open PACE Program. 5. The City Council hereby finds that no environmental review is required under the California Environmental Quality Act ("CEQA") in connection with the adoption of this Resolution because the Project is categorically exempt pursuant to Section 15303(e) (Class 3- New Construction) of the State CEQA Guidelines. 6. 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 the Authority at: Secretary of the Board, California Statewide Communities Development Authority, 1400 K Street, Sacramento, CA 95814. HEREBY CERTIFY that the foregoing Resolution was passed and adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on J U N 2 8 2023 by the following vote: AYES: N ABSTAIN: ABSENT: COUNCILMEMBER ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER APPROVED: JUN 2 8 2023 By AoM ujO KAREN GOH Mayor JULIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio of the Council of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney I, Y: SHUA H. RUDNICK Deputy City Attorney JHR/vlg/ag > �� S:\COUNCIL\Resos\22-23\CSCDA Open PACE (RwedakesI.Reso.doc - Page 3 of 3 Pages - 00RIGINA! o