Resolution 2017-02RESOLUTION NO. 2017-02
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY 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 (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 Gilroy (the "City); and
WHEREAS, the Authority 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; and Structured Finance Associates, LLC; and the Authority 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
RESOLUTION NO. 2017-02
WHEREAS, the Authority 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 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 Gilroy as
follows:
Section 1. This City Council hereby finds and declares that the foregoing recitals are
true and correct.
Section 2. 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 Authority pursuant to
Chapter 29 and the issuance of bonds to finance or refinance Improvements.
Section 3. In connection with the Programs, the City hereby consents to the conduct
of special assessment proceedings by the Authority 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
(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 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.
Section 4. The appropriate officials and staff of the City are hereby authorized and
directed to make applications for the Programs available to all property owners who wish to
finance or refinance Improvements; provided, that the Authority shall be responsible for
providing such applications and related materials at its own expense. The following staff
persons, together with any other staff persons chosen by the Mayor or City Manager of the City
from time to time, are hereby designated as the contact persons for the Authority in connection
with the Programs: City Administrator or Designee.
Section 5. 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.
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RESOLUTION NO. 2017-02
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 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
Financial Advisor of the Authority at: California Municipal Finance Authority, 2111 Palomar
Airport Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper.
PASSED AND ADOPTED this 23`d day of January, 2017 by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, KLOECKER, LEROE-
MUNOZ, TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
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and Velasco, Mayor
RESOLUTION NO. 2017-02
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2017 -02 an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 23`d day of January, 2017, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gily<yy this 25th day of iai}uary, 2017.
Shav mr eels, MMC
City Clerk of the City of Gilroy
(Seal)