HomeMy Public PortalAbout2016.020 (02-02-16)RESOLUTION.2016.020
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD,
CALIFORNIA CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE
CITY'S JURISDICTION IN THE CALIFORNIA HOME FINANCE AUTHORITY
COMMUNITY FACILITIES DISTRICT NO. 2014 -1 (CLEAN ENERGY) TO
FINANCE RENEWABLE ENERGY IMPROVEMENTS, ENERGY EFFICIENCY
AND WATER CONSERVATION IMPROVEMENTS AND ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE AND APPROVING ASSOCIATE
MEMBERSHIP IN THE JOINT EXERCISE OF POWERS AUTHORITY
RELATED THERETO
WHEREAS, the California Home Finance Authority, a California joint
powers authority, (the "Authority ") has established the Community Facilities
District No. 2014-1 (Clean Energy) in accordance with the Mello -Roos Community
Facilities Act, set forth in sections 53311 through 53368.3 of the California
Government Code (the "Act ") and particularly in accordance with sections
53313.5(1) and 53328.1(a) (the "District "); and
WHEREAS, the purpose of the District is to finance or refinance (including
the payment of interest) the acquisition, installation, and improvement of energy
efficiency, water conservation, renewable energy and electric vehicle charging
infrastructure improvements permanently affixed to private or publicly -owned real
property (the "Authorized Improvements "); and
WHEREAS, the Authority is in the process of amending the Authority Joint
Powers Agreement (the "Authority JPK) to formally change its name to the
Golden State Finance Authority; and
WHEREAS, the City is committed to development of renewable energy
generation and energy efficiency improvements, reduction of greenhouse gases,
and protection of the environment; and
WHEREAS, in the Act, the Legislature has authorized a parcel within the
territory of the District to annex to the District and be subject to the special tax
levy of the District only (i) if the city or county within which the parcel is located
has consented, by the adoption of a resolution by the applicable city council or
county board of supervisors, to the inclusion of parcels within its boundaries in the
District and (ii) with the unanimous written approval of the owner or owners of the
parcel when it is annexed (the "Unanimous Approval Agreement "), which, as
provided in section 53329.6 of the Act, shall constitute the election required by the
California Constitution; and
WHEREAS, the City wishes to provide innovative solutions to its property
owners to achieve energy efficiency and water conservation and in doing so
cooperate with Authority in order to efficiently and economically assist property
owners the City in financing such Authorized Improvements; and
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WHEREAS, the Authority has established the District, as permitted by the
Act, and the Authority JPA, originally made and entered into July 1, 1993, as
amended to date, and the City, desires to become an Associate Member of the
JPA by execution of the JPA Agreement, a copy of which is attached as Exhibit
"A" hereto, to participate in the programs of the JPA and, to assist property
owners within the incorporated area of the City in financing the cost of installing
Authorized Improvements; and
WHEREAS, the City will not'be responsible for the conduct of any special
tax proceedings; the levy and collection of special taxes or any required remedial
action in the case of delinquencies in the payment of any special taxes in
connection with the District.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
DOES HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. This City Council finds and declares that properties in the City's
incorporated area will be benefited by the availability of the Authority CFD No.
2014 -1 (Clean Energy) to finance the installation of the Authorized Improvements.
Section 2. This City Council consents to inclusion in the Authority CFD No.
2014 -1 (Clean Energy) of all of the properties in the incorporated area within the
City and to the Authorized Improvements, upon the request of and execution of
the Unanimous Approval Agreement by the owners of such properties when such
properties are annexed, in compliance with the laws, rules and regulations
applicable to such program; and to the assumption of jurisdiction thereover by
Authority for the purposes thereof.
Section 3. The consent of this City Council constitutes assent to the
assumption of jurisdiction by Authority for all purposes of the Authority CFD No.
2014 -1 (Clean Energy) and authorizes Authority, upon satisfaction of the
conditions imposed in this resolution, to take each and every step required for or
suitable for financing the Authorized Improvements.
Section 4. This City Council hereby approves joining the JPA as an
Associate Member and authorizes the execution by the Mayor of any necessary
documents to effectuate such membership in a form approved by the City
Attorney.
Section 5. City staff is authorized and directed to coordinate with Authority
staff to facilitate operation of the Authority CFD No. 2014 -1 (Clean Energy) within
the City, and report back periodically to this City Council on the success of such
program.
Section 6. That this Resolution shall take effect immediately upon its
adoption.
Section 7. The City Clerk is directed to send a certified copy of this
Resolution to the Secretary of the Authority.
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Section 8. The City Clerk shall certify as to the adoption of this City
Council Resolution.
PASSED, APPROVED and ADOPTED this 2 "d day of February, 2016.
r ATTEST:
Maria Quinonez,
City Clerk,
APP VED As TO L"'
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David A. Garcia,
City Attorney
W. 4'. /
Edwin Hernandez,
Mayor
J. Arnoldo Beltran,
City Manager
APPROVED AS TO CONTENT:
Ra-uf Godinez 11, \PI E.
Director of Public orks /City Engineer
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STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby
certify that the foregoing Resolution was passed and adopted by the City Council
of the City of Lynwood at a regular meeting held on the 2nd day of February,
2016, and passed by the following vote:
AYES: COUNCIL MEMBERS ALATORRE,
SOLACHE, CASTRO AND HERNANDEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
aria Quinonez, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
SANTILLAN -BEAS,
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the
Clerk of the City Council of said City, do hereby certify that the above foregoing is
a full, true and correct copy of Resolution No. 2016.020 on file in my office and
that said Resolution was adopted on the date and by the vote therein stated.
Dated this 2nd day of February, 2016.
Maria Quinonez, City Clerk
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