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Home My WebLink About16-105 v/�r ''/ �, i� rf of 1f i e I,i,.J,.r �iu> eIJir ,r � r.!r.Y✓....,„r/,,.,.:,,,.„,,,..,x ✓ .1.l� /rk r n. . �Jvr ,,(y, .._.,..µ/. .„m,..1.,..,1 .,. / rr✓.r..,../IIJ rr „Ir� Vi. , a rr.,.„ .r / � �� ir ,�,,r,,( r Ia/ rrJJ /rJ,`�e G .�✓� �, 1) d / , I ,✓{r/rJ ///. JaLtm /rI / a„� /s r .,�ir/ �hs /l . �v i, 1 /iGr/�f ./ / /g,,� +,,� t*,,,*7,0„,(114:,A,1 A/Jr / ,„1r / �fir/, iW /r �(/ /,f � „� / i , // /, , ra' / .,, L %r , iF30/11#115,(11„'l rr J ,t� k / , ( r/I / y , // /I1 I �, „r7r1 r r �� J,✓/ /e �,/ � � i/ � 7/ /,. '',/' ,G,,„r . . „rrfP../ ,/rrnr rt/ .��r / Ai fi� .!� ,, rr / „ „, r ' i/ ,,,, /, „M, kria/ , r1 /f1r „0,,„,,,,,v, e � �,,4 / u a/ . rr / I. . ., a ,, /n 44,0040r�,�,� � � „bel raelcr / / , 1 ,, rr ! / r� / J� / / 'r / /r / /a / . la / r„e. �/, i Resolution No. 16-105 RESOLUTION OF THE BOARD 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 PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE COUNTY; 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 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 program is 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 Alliance NRG and Renewable Funding LLC, and the Authority will notify the County in advance of any additions or changes; and WHEREAS, on April 21, 2015, by Resolution No. 15-454, the County consented 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 WHEREAS,the County finds that commercial properties in the territory of the County will also benefit from the availability of the Programs; and WHEREAS,to effectuate the County's consent to the Authority to conduct special assessment proceedings pursuant to Chapter 29 on commercial properties within the territory of the County, Resolution No. 15-054 needs to be repealed and replaced by this Resolution; 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 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 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 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 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 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 Analysts. 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 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 all disclosures to participating residential 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 6. If a CSCDA Open PACE administrator fails to meet the program requirements provided in this resolution, the County shall opt-out of the CSCDA Open PACE administrator's program who failed to meet the program requirements. Section 7. This Resolution repeals and replaces Resolution No. 15-054 passed and adopted by the Butte County Board ofSupervisors onApril 2I, 2O15. Section 8. The Board of Supervisors hereby finds that adoptionnfthisReso|utionlsmota "project" wnderthe 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 9. This Resolution shall take effect immediately upon its adoption.The Clerk ufthe Board ofSupen/isom � hereby authorized and directed totramsmnitacerti�edcopy ofthis resolution tnthe Secretary ofthe 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 9th day of August, 2016, by the following vote: AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None NOT VOTING: None , BILL CONNELLY, Chair Butte County Board of Supervisors ATTEST: .- ' By�_~��`_ ~~ � ~- PauUHahn' Officer and Clerk oft~F :oati .upervisors