HomeMy Public PortalAbout2019.007 (02-05-19) RESOLUTION NO. 2019.007
RESOLUTION OF THE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF
LYNWOOD IN THE CSCDA OPEN PACE PROGRAMS; 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 LYNWOOD AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority (the
"Authority") 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 Lynwood
(the "City); and
WHEREAS, the Authority is implementing Property Assessed Clean Energy
(PACE) programs, which it has designated CSCDA Open PACE, consisting of CSCDA
Open PACE programs each administered by a separate program administrator
(collectively with any successors, assigns, replacements or additions, the "Programs"),
to allow the financing or refinancing of renewable energy, energy efficiency, water
efficiency and seismic strengthening improvements, electric vehicle charging
infrastructure and such other improvements, infrastructure or other work as may be
authorized by law from time to time (collectively, the "Improvements") through the levy
of contractual assessments pursuant to Chapter 29 of Division 7 of the Streets &
Highways Code ("Chapter 29") within counties and cities throughout the State of
California that consent to the inclusion of properties within their respective territories in
the Programs and the issuance of bonds from time to time; and
WHEREAS, the program administrators currently active in administering
Programs are the AllianceNRG Program (CounterPointe Energy Solutions (CA) LLC),
PACE Funding Group LLC, CaliforniaFirst (Renew Financial Group LLC), CleanFund
Commercial PACE Capital and Petros PACE Finance and the Authority will notify the
City of Lynwood in advance of any additions or changes; and
WHEREAS, Chapter 29 provides that assessments may be levied under its
provisions only with the free and willing consent of the owner or owners of each lot or
parcel on which an assessment is levied at the time the assessment is levied; and
WHEREAS, the City of Lynwood desires to allow the owners of property
("Participating Property Owners") within its territory to participate in the Programs and to
allow the Authority to conduct assessment proceedings under Chapter 29 within its
territory and to issue bonds to finance or refinance Improvements; and
WHEREAS, the territory within which assessments may be levied for the
Programs shall include all of the territory within the City of Lynwood's official
boundaries; and
WHEREAS, the Authority will conduct all assessment proceedings under
Chapter 29 for the Programs and issue any bonds issued in connection with the
Programs; and
WHEREAS, the City of Lynwood will not be responsible for the conduct of any
assessment proceedings; the levy of assessments; any required remedial action in the
case of delinquencies in such assessment payments; or the issuance, sale or
administration of any bonds issued in connection with the Programs;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
HEREBY FIND, PROCLAIM, ORDER AND RESOLVE AS FOLLOWS:
Section 1. The Lynwood City Council finds and declares that the foregoing
recitals are true and correct, and incorporates said recitals fully into this Resolution as
substantive findings.
Section 2. The Lynwood City Council hereby finds and declares that
properties in the territory of the City of Lynwood will benefit from the availability of the
Programs within the territory of the City of Lynwood and, pursuant thereto, the conduct
of special assessment proceedings by the Authority pursuant to Chapter 29 and the
issuance of bonds to finance or refinance Improvements.
Section 3. In connection with the Programs, the City of Lynwood hereby
consents to the conduct of special assessment proceedings by the Authority pursuant to
Chapter 29 on any property within the territory of the City of Lynwood and the issuance
of bonds to finance or refinance Improvements; 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 of Lynwood will not be responsible for the conduct of any
assessment proceedings; the levy of assessments; any required remedial action
in the case of delinquencies in such assessment payments; or the issuance, sale
or administration of any bonds issued in connection with the Programs.
Section 4. The appropriate officials and staff of the City of Lynwood are
hereby authorized and directed to make applications for the Programs available to all
property owners who wish to finance or refinance Improvements; provided, that the
Authority 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 of the City of Lynwood from time to time, are hereby designated as
the contact persons for the Authority in connection with the Programs: Michelle
Ramirez, Community Development Director.
Section 5. The appropriate officials and staff of the City of Lynwood are
hereby authorized and directed to execute and deliver such certificates, requisitions,
agreements and related documents as are reasonably required by the Authority to
implement the Programs.
Section 6. The City of Lynwood 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. The City of Lynwood may withdraw from the Programs or any
Program upon six (6) months written notice to the Authority. The City may withdraw its
consent and approval for the conduct of special assessment proceedings by any
specific program administrator under a Program within the jurisdictional limits of the City
upon thirty (30) days written notice to the Authority without (a) liability to the Authority or
any affiliated entity, and (b) withdrawing its consent and approval for the conduct of
special assessment proceedings by any other program administrators under the other
Programs. The City's withdrawal from any Program shall not affect the validity of any
voluntary assessment contract entered into prior to the date of such withdrawal or
entered into after the date of such withdrawal so long as the application for such
voluntary assessment contract was submitted to and approved by the Authority prior to
the date of the City's notice of withdrawal.
Section 8. This Resolution shall take effect immediately upon its adoption. The
City Clerk of the City of Lynwood is hereby authorized and directed to transmit a
certified copy of this resolution to the Secretary of the Authority at: Secretary of the
Board, California Statewide Communities Development Authority, 1400 K Street,
Sacramento, CA 95814.
PASSED, APPROVED, AND ADOPTED THIS 5th day of February 2019.
Jo.= Luis Solache, Mayor
ATTEST:
aria Quinonez, City Clerk dir
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
l �
Noel Tapia, City Attorn y Jose eteotl, City Manager
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 5th day of February, 2019.
AYES: MAYOR PRO TEM CASTRO, MAYOR SOLACHE, COUNCIL MEMBERS
ALATORRE, CASANOVA, AND SANTANA
NOES: NONE
ABSENT: NONE
RECUSE: NONE
(74( ,
Maria Quinonez, ity Clerk
STATE OF CALIFORNIA
) SS.
COUNTY OF LOS ANGELES )
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. 2019.007 on file in my office and that said Resolution
was adopted on the date and by the vote therein stated.
Dated this 5th day of February, 2019.
Maria Quinonez, City Clerk