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AgdaPkt 2020-11-23 Joint SA PFA
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AgdaPkt 2020-11-23 Joint SA PFA
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Last modified
12/3/2020 5:27:49 PM
Creation date
11/19/2020 6:20:52 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
11/23/2020
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8.A. - Page 49 of 51 <br />and large-scale planning efforts to determine how to reduce greenhouse gas emissions. Additionally, <br />the State has enacted the California Global Warming Solutions Act of 2006 (Senate Bill No. 32), which <br />established a revised statewide GHG emission reduction target of 40% below 1990 levels by 2030. <br />Redwood City. Redwood City adopted a Climate Action Plan (the "2013 CAP") on April 22, <br />2013 that contained strategies to reduce emissions 15% below 2005 levels by 2020. Since the <br />adoption of the 2013 CAP, a majority of recommended strategies therein are on-going programs, have <br />been completed by Redwood City, or have been superseded by subsequent reduction measures. On <br />November 16, 2020, Redwood City adopted the 2030 Climate Action Plan, which identifies <br />greenhouse gas emission reduction targets through 2030, builds on Redwood City's recent 2013 CAP <br />implementation experiences, and adds sea level rise and climate adaptation strategies. <br />San Carlos. San Carlos adopted a Climate Action Plan (the "San Carlos CAP") on October <br />12, 2009 that contained strategies to reduce emissions 15% below 2005 levels by 2020 and 35% <br />below 2005 levels by 2030. San Carlos is in the process of updating the San Carlos CAP with a <br />Climate Mitigation and Action Plan (the "San Carlos CMAP"). The San Carlos CMAP is intended to <br />act as a blueprint for how San Carlos will address climate change and will include new and updated <br />climate action strategies consistent with state efforts to reduce greenhouse gas emissions as far out <br />as 2050, look at how climate change may affect natural hazards, and incorporate policies to help build <br />a more resilient community. <br />West Bay. West Bay has not adopted a climate action plan, however West Bay management <br />takes climate factors into consideration during planning and operations. <br />The Participating Members are unable to predict the impact that any current or future laws and <br />regulations related to climate change, if adopted, and the effects of climate change will have on the <br />revenues of the Participating Members. However, such effects could be material. <br />Limitations on Remedies Available; Bankruptcy <br />The enforceability of the rights and remedies of the Owners and the obligations of any of the <br />Participating Members may become subject to the following: the federal bankruptcy code and <br />applicable bankruptcy, insolvency, reorganization, moratorium, or similar laws relating to or affecting <br />the enforcement of creditors' rights generally, now or hereafter in effect; equitable principles which <br />may limit the specific enforcement under State law of certain remedies; the exercise by the United <br />States of America of the powers delegated to it by the Federal Constitution; and the reasonable and <br />necessary exercise, in certain exceptional situations, of the police power inherent in the sovereignty <br />of the State and its governmental bodies in the interest of servicing a significant and legitimate public <br />purpose. Bankruptcy proceedings, or the exercising of powers by the federal or State government, if <br />initiated, could subject the Owners to judicial discretion and interpretation of their rights in bankruptcy <br />or otherwise and consequently may entail risks of delay, limitation, or modification of their rights. <br />Limited Obligations <br />The SBSA Bond Payments and Authority Bond Payments are limited obligations of the <br />Participating Members payable solely from and secured solely by the Net Revenues of their respective <br />wastewater systems. If for any reason, any Participating Member does not have Net Revenues <br />available in an amount sufficient to make its SBSA Bond Payments or Authority Bond Payments, the <br />Participating Member will not be obligated to utilize any other of its funds to make SBSA Bond <br />Payments or Authority Bond Payments. <br />The obligation of the Participating Members to pay the SBSA Bond Payments and Authority <br />Bond Payments does not constitute an obligation of any Participating Member for which the <br />ATTY/AGR/2020.264/PRELI M I NARY OFFICIAL STATEMENT— WASTEWATER <br />REV: 11-18-2020 EI <br />Page 27 of 29 <br />715 <br />
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