HomeMy WebLinkAbout2014-95 - Authorizing the City to Join the CaliforniaFIRST Program, and Authorizing the California Statewide Communities Development Authority to Accept Applications from Property Owners, Conduct Contractual Assessment Proceedings and Levy Contractual AssRESOLUTION NO. 2014 -95
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AUTHORIZING THE CITY TO JOIN THE CALIFORNIAFIRST
PROGRAM, AND 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
CITY OF NEWPORT BEACH
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
Newport Beach (the "City "); and
WHEREAS, California Communities has established the CaliforniaFIRST
program (the "CaliforniaFIRST Program ") to allow the financing of certain renewable
energy, energy efficiency and water efficiency improvements (the 'Improvements ")
through the levy of contractual assessments pursuant to Chapter 29 of Division 7 of the
Streets & Highways Code ( "Chapter 29 ") and the issuance of improvement bonds (the
"Bonds ") under the Improvement Bond Act of 1915 (Streets and Highways Code
Sections 8500 and following) (the "1915 Act") upon the security of the unpaid
contractual assessments; and
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 Newport
Beach as follows:
SECTION 1,
A. This 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.
B. 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
C. 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
D. The City, its officers, elected or appointed officials, employees, agents and
volunteer 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.
E. 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.
F. 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.
G. 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: Seimone Jurjis, Chief
Building Official, siuriis(a)newportbeachca.aov, (949) 644 -3282.
H. 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.
I. 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 2:
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.
ADOPTED this 25th day of November, 2014
ATTEST:
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Leilani I. Brown
City Clerk
Rush N. Hill, II
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing resolution, being Resolution
No. 2014 -95 was duly and regularly introduced before and adopted by the City Council of said City at a
regular meeting of said Council, duly and regularly held on the 25th day of November, 2014, and that the
same was so passed and adopted by the following vote, to wit:
Ayes: Council Member Petros, Council Member Curry, Mayor Pro Tern Selich,
Council Member Daigle, Council Member Henn, Council Member Gardner,
Mayor Hill
Nays: None
Recused: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 26th day of November, 2014.
4w/` � y / /
City Clerk
Newport Beach, California
(Seal)