HomeMy WebLinkAbout15-57 - Authorize City to Join CaliforniaFIRST ProgramRESOLUTION NO. 15-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, AUTHORIZING THE CITY TO JOIN THE CALIFORNIAFIRST
PROGRAM; AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES
DEVELOPMENT AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY
OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE INCORPORATED TERRITORY OF
THE CITY; AND AUTHORIZING RELATED ACTIONS
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES
AS FOLLOWS:
WHEREAS, the California Statewide Communities Development Authority
("California Communities") 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
Costa Mesa (the "City"); and
WHEREAS, California Communities has established the CaliforniaFIRST
program (the "CaliforniaFIRST Program") and will provide financing for certain
improvements authorized by Chapter 29 of Part 3 of Division 7 of the Streets &
Highways Code (Streets and Highways Code Sections 5898.10 et seq.) ("Chapter 29"),
including, but not limited to, renewable energy, energy efficiency and water efficiency
improvements and seismic strengthening improvements (the "Improvements") through
the levy of contractual assessments pursuant to Chapter 29 and the issuance of
improvement bonds (the `Bonds') under the Improvement Bond Act of 1915 (Streets
and Highways Code Sections 8500 et seq.) (the "1915 Act") upon the security of the
unpaid contractual assessments; and
Resolution No. 15-57 Page 1 of 5
WHEREAS, Chapter 29 provides that assessments may be levied under its
provisions only with the free and willing consent of the owner 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 the incorporated territory of the City to participate in the
CaliforniaFIRST Program and to allow California Communities to conduct assessment
proceedings under Chapter 29 within the incorporated territory of the City and to issue
Bonds under the 1915 Act to finance the Improvements; and
WHEREAS, California Communities will conduct assessment proceedings under
Chapter 29 and issue Bonds under the 1915 Act to finance Improvements;
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy or collection of assessments or any required remedial action in
the case of delinquencies in such assessment payments; or the issuance, sale or
administration of the Bonds or any other bonds issued in connection with the
CaliforniaFIRST Program;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa
Mesa as follows:
Section 1. The City Council hereby finds and declares that properties in the
City's incorporated area will benefit from the availability of the CaliforniaFIRST Program
within the incorporated territory of the City and, pursuant thereto, the conduct of special
assessment proceedings by California Communities pursuant to Chapter 29 and the
issuance of Bonds under the 1915 Act.
Resolution No. 15-57 Page 2 of 5
Section 2. In connection with the CaliforniaFIRST Program, the City hereby
consents to the conduct of special assessment proceedings by California Communities
pursuant to Chapter 29 on any property within its jurisdiction and the issuance of Bonds
under the 1915 Act; 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 or collection of assessments or any required remedial
action in the case of delinquencies in such assessment payments; or the
issuance, sale or administration of the Bonds or any other bonds issued in
connection with the CaliforniaFIRST Program.
(3) The issuance of Bonds will occur following receipt of a final
judgment in a validation action filed by California Communities pursuant to Code
of Civil Procedure Section 860 that the Bonds are legal obligations of California
Communities.
Section 3. Pursuant to the requirements of Chapter 29, California
Communities has prepared and will update from time to time the "Program Report" for
the CaliforniaFIRST Program (the "Program Report'), and California Communities will
undertake assessment proceedings and the financing of Improvements as set forth in
the Program Report.
Resolution No. 15-57 Page 3 of 5
Section 4. The appropriate officials and staff of the City are hereby authorized
and directed to make applications for the CaliforniaFIRST program available to all
property owners who wish to finance Improvements; provided that California
Communities 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 City Manager from time to time, are hereby designated as the contact
persons for California Communities in connection with the CaliforniaFIRST Program:
Daniel Baker, 714-754-5156.
Section 5. The appropriate officials and staff of the City are hereby authorized
and directed to execute and deliver such closing certificates, requisitions, agreements
and related documents as are reasonably required by California Communities in
accordance with the Program Report to implement the CaliforniaFIRST Program for
Participating Property Owners.
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 Secretary of California Communities.
Resolution No. 15-57 Page 4 of 5
PASSED AND ADOPTED this 20th day of October, 2015.
Stephen
ATTEST:
Brenda Green, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
ATfiomCDuarte.�tityAttcrney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that the above and foregoing is the original of Resolution No. 15-57 and was
duly passed and adopted by the City Council of the City of Costa Mesa at a regular
meeting held on the 20th day of October, 2015, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
Foley, Genis, Monahan, Righeimer, Mensinger
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 21 st day of October, 2015.
1�'�llrY& QX.-UIV\-
Brenda Green, CAy Clerk
(SEAL)
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