HomeMy WebLinkAbout25116RESOLUTION NO. 25116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CONSENTING TO THE
INCLUSION OF THE PROPERTY LOCATED AT 400 N.
PALM CANYON DRIVE, 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 Stonehill PACE,
LLC (including its affiliates, 'Stonehill"); 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 400 N. Palm Canyon Drive, Palm Springs, California (the 'Participating Property') has
' asked the Authority and Stonehill to provide financing through the CSCDA Open PACE
Program for the installation of Improvements on the Participating Property as part of the
construction of a hotel project on the Participating Property (the 'Project'), and the City
Resolution No. 25116
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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.
SECTION 4. 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, on April 2, 2014, pursuant to Resolution No. 23527,
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' the City Council approved the Project, noting that mitigation measures identified in a
previously adopted Mitigated Negative Declaration (No. 2006109031) and conditions of
approval in support of a subsequent environmental analysis were included in the
conditions of approval.
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.
S ott C. Stiles, City Manager
ATTEST:
' Brenda Pree, City Clerk
Resolution No. 25116
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CERTIFICATION I
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. 25116 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 hereunto het my hand and affixed the official seal of the
City of Palm Springs, California, this day of j) N N 1�7 , 902
X�L
Bren a Pree, MMC, CERA, City Clerk ,
City of Palm Springs, California
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