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
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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.
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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
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