HomeMy WebLinkAbout25115RESOLUTION NO. 25115
A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CONSENTING TO THE
INCLUSION OF
THE PROPERTY LOCATED AT 3500
RAMON ROAD,
PALM SPRINGS, CALIFORNIA IN THE
CSCDA OPEN
PACE PROGRAM; AUTHORIZING THE
CALIFORNIA
STATEWIDE COMMUNITIES
DEVELOPMENT
AUTHORITY TO ACCEPT AN
APPLICATION FROM THE OWNER OF SUCH. PROPERTY,
CONDUCT
CONTRACTUAL ASSESSMENT
PROCEEDINGS
AND 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 Palm Springs
(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 GreenRock
Capital, LLC and Poppy Bank (collectively, 'Program Administrators"); 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 owner (the 'Participating Property Owner") of the property located
at 3500 Ramon Road, Palm Springs, California (the 'Participating Property") has asked
the Authority and the Program Administrators to provide financing through the CSCDA
Open PACE Program for the installation of Improvements (including solar panels and
electric vehicle charging stations) on the Participating Property as part of the construction
Resolution No. 25115
Page 2
of a covered parking lot adjacent to the Palm Springs International Airport (the "Project'),
and the City desires to allow the Participating Property Owner to participate in the CSCDA '
Open PACE Program and to allow 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; and
WHEREAS, the Authority will conduct all assessment proceedings under Chapter
29 for the Participating Property and issue any bonds related to the Participating Property,
and 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 or administration of any bonds issued in
connection with the Participating Property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. 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.
SECTION 2. 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 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 or
administration of any bonds issued by the Authority in connection with the
Participating Property.
SECTION 3. 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.
Resolution No. 25115
Page 3
SECTION 4. The City's consent is subject to the condition that the Authority shall
' not issue bonds to finance or refinance the installation of Improvements on the
Participating Property until the Participating Property Owner has provided evidence to the
Authority that the City has approved the Project in compliance with the California
Environmental Quality Act ("CEQA").
SECTION 5. 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.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5T" DAY OF JUNE 2023.
b' l
Sc tt C. Stiles, City Manager
ATTEST:
' Brenda Pree, City Clerk
Resolution No. 25115
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25115 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 5, 2023, by the following
vote:
AYES: Councilmembers deHarte, Holstege, Middleton, Mayor Pro Tern Bernstein and
Mayor Garner
NOES: None
ABSENT: None
RECUSED: None
IN WITNESS WHEREOF, I have hereVnto set my hand and affixed the official seal of the
City of Palm Springs, California, this OTK day of d (AN t✓
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Brend Pre, CERA, City Clerk ,
City of Palm Springs, California