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Resolution No. 15-054
RESOLUTION OF THE BOAR, OF SUPERVISORS OF THE COUNTY OF BUTTE CONSENTING
TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE COUNTY IN THE
CSCDA OPEN PACE PROGRAMS; AUTHORIZING THE CALIFORNIA STATEWIDE
COMMUNITIES DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM
RESIDENTIAL PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT
PROCEEDINGS AND LEVY CONT' • CT UAL ASSESSMENTS WITHIN THE TER 1 ITORY OF
THE COUNTY; AND AUTHORIZING 'ELATED 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 County of Butte (the "County"); and
WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE) programs, which
it has designated CSCDA Open PACE, consisting of CSCDA 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
W' IEREAS, the program administrators currently active in administering Programs are the
AllianceNRO Program (presently consisting of Deutsche Bank Securities Inc., CounterPointe Energy Solutions
LLC and Leidos Engineering, LLC) and Renewable Funding LLC, and the Authority will notify the County 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 County desires to allow residential, non-commercial 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 County's official boundaries; and
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 County 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 Programs;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte as
follows:
Section 1. This Board of Supervisors hereby finds and declares that residential properties in the
territory of the County will benefit from the availability of the Programs within the territory of the County 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 2. In connection with the Programs, the County hereby consents to the conduct of special
assessment proceedings by the Authority pursuant to Chapter 29 on any residential property within the territory
of the County 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 County 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 Programs.
Section 3. The appropriate officials and staff of the County are hereby authorized and directed to
make applications for the residential 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
Chief Administrative Officer of the County from time to time, are hereby designated as the contact persons for
the Authority in connection with the Programs: Management Analyst/Management Analyst, Senior/
Management Analyst, Principal.
Section 4. The appropriate officials and staff of the County 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.
Section 5. The Board of Supervisors 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 6. The County's participation in the CSCDA Open PACE Program is contingent on each
active program administrator meeting the following requirements:
(1) Be enrolled in the State of California PACE Loss Reserve Program and
(2) Provide full disclosures to participating property owners, including, but not limited to the
disclosure that participation in the residential PACE program may trigger acceleration of
existing obligations of an existing mortgage and that the participant may be required to
prepay the contractual PACE assessments upon the refinance or sale of the property.
Section 7. If CSCDA Open PACE fails to meet the program requirements provided in this
resolution, the County shall opt-out of the CSCDA Open PACE programs.
Section 8. This Resolution shall take effect immediately upon its adoption. The Clerk of the Board
of Supervisors 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 AND ADOPTED by the Butte County Board of Supervisors this 21' day of April, 2015, by the
following vote, to wit:
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES: None
ABSENT: None
NOT VOTING: None
DOUG TLETER, Chair
Butte County Board of Supervisors
ATTEST:
4 (
By:
Paul Hal n ief dministrativ Officer
and Cler of the Board of Supervisors