HomeMy Public PortalAbout2019.008 (02-05-19) RESOLUTION NO. 2019.008
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD CONSENTING
TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN
THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE PROGRAMS;
AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT
APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL
ASSESSMENT PROCEEDINGS AND LEVY CONTRACTUAL ASSESSMENTS
WITHIN THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS
WHEREAS, the California Municipal Finance 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 CMFA Open PACE, consisting of CMFA 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 Energy Efficient Equity, Inc.; BlueFlame PACE Services LLC; OnPACE Energy
Solutions, LLC; PACE Equity, LLC; Samas Capital LLC; Structured Finance Associates,
LLC; and Twain Community Partners II LLC; 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,
administration repayment or guarantee 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 City Council for the City of Lynwood finds and declares that the
foregoing recitals are true and correct, and incorporates said recitals fully into this
Resolution as substantive findings.
Section 2. This City Council hereby finds and declares that properties in the
territory of the City of Lynwwod will benefit from the availability of the Programs within the
territory of the City 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 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,
administration, repayment or guarantee of any bonds issued in connection with the
Programs.
Section 4. The appropriate officials and staff of the City 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 from time to time, are hereby designated as the contact persons for the
Authority in connection with the Programs: Michelle Ramirez, Community Development
Director, mramirez(a�lynwood.ca.us.
Section 5. The appropriate officials and staff of the City of Lynwwod 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 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 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 is hereby authorized and directed to transmit a certified copy of this resolution
to the Financial Advisor of the Authority at: California Municipal Finance Authority, 2111
Palomar Airport Road, Suite 320, Carlsbad, California 92011, Attn: Travis Cooper.
PASSED, APPROVED, AND ADOPTED THIS 5th day of February, 2019.
ot,Jo - Luis Solache, Mayor
ATTEST:
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11.
Maria Quinonez
City Clerk 410
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APPROVED AS TO FORM: APPROVED AS TO CONTENT:
AKILasiiiso
Noel Tapia, City Attorn y Jose Omet-xr, City Manager
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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 5th day of February, 2019.
AYES: MAYOR PRO TEM CASTRO, MAYOR SOLACHE, COUNCIL MEMBERS
ALATORRE, CASANOVA, AND SANTANA
NOES: NONE
ABSENT: NONE
RECUSE: NONE
/ Aft
Maria Quinonez, City 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. 2019.008 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.
u.r ' ��
Maria Quinonez, City Clerk .
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