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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />RESOLUTION NO. 2016-072 <br />RESOLUTION CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE <br />TERRITORY OF THE CITY IN THE CSCDA OPEN PACE PROGRAMS; AUTHORIZING <br />THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY TO <br />ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL <br />ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS WITHIN <br />THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS <br />WHEREAS, the California Statewide Communities Development Authority (the <br />"Authority") is a joint exercise of powers authority, the members of which include numerous <br />cities and counties in the State of California, including the City of San Leandro (the "City"); and <br />WHEREAS, the Authority is implementing Property Assessed Clean Energy (PACE) <br />programs, which it has designated CSCDA Open PACE, consisting of CSCDA Open PACE <br />programs each administered by a separate program administrator (collectively with any <br />successors, assigns, replacements or additions, the "Programs"), to allow the financing or <br />refinancing of renewable energy, energy efficiency, water efficiency and seismic strengthening <br />improvements, electric vehicle charging infrastructure and such other improvements, <br />infrastructure or other work as may be authorized by law from time to time (collectively, the <br />"Improvements") through the levy of contractual assessments pursuant to Chapter 29 of Division <br />7 of the Streets & Highways Code ("Chapter 29") within counties and cities throughout the State <br />of California that consent to the inclusion of properties within their respective territories in the <br />Programs and the issuance of bonds from time to time; and <br />WHEREAS, the administrators currently active in administering Programs are the <br />AllianceNRG Program (presently consisting of Deutsche Bank Securities Inc., CounterPointe <br />Energy Solutions LLC and Leidos Engineering, LLC), PACE Funding LLC, Spruce and <br />Renewable Funding LLC, and the Authority will notify the City of San Leandro in advance of <br />any additions or changes; and <br />WHEREAS, Chapter 29 provides that assessments may be levied under its provisions <br />only with the free and willing consent of the owner or owners of each lot or parcel on which an <br />assessment is levied at the time the assessment is levied; and <br />WHEREAS, the City desires to allow the owners of property ("Participating Property <br />Owners") within its territory to participate in the Programs and to allow the Authority to conduct <br />assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or <br />refinance Improvements; and <br />WHEREAS, the territory within which assessments may be levied for the Programs shall <br />include all of the territory within the City's boundaries; and <br />WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for <br />the Programs and issue any bonds issued in connection with the Programs; and <br />