HomeMy WebLinkAboutResolutions - No. 2014-235RESOLUTION NO. 2014-235
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY OF LODI TO JOIN THE CALIFORNIAFIRST
PROPERTY ASSESSED CLEAN ENERGY (PACE) PROGRAM
WHEREAS, the California Statewide Communities Development Authority ("California
Communities") 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 Lodi ("City"); and
WHEREAS, California Communities has established the CaliforniaFIRST Program
("CaliforniaFIRST Program") and will provide financing for certain improvements authorized by
Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29"), including, but not
limited to, renewable energy, energy efficiency and water efficiency improvements and seismic
strengthening improvements ("Improvements") through the levy of contractual assessments
pursuant to Chapter 29 of Division 7 of the Streets & Highways Code ("Chapter 29") and the
issuance of improvement bonds ("Bonds") under the Improvement Bond Act of 1915 (Streets &
Highways Code Sections 8500 and following) ("1915 Act") upon the security of the unpaid
contractual assessments; and
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions
only with the free and willing consent of the owner of each lot or parcel on which an assessment
is levied at the time the assessment is levied; and
WHEREAS, the City desires to allow the owners of property ("Participating Property
Owners") within the incorporated territory of the City to participate in the CaliforniaFIRST
Program and to allow California Communities to conduct assessment proceedings under
Chapter 29 within the incorporated territory of the City and to issue Bonds under the 1915 Act to
finance the Improvements; and
WHEREAS, California Communities will conduct assessment proceedings under
Chapter 29 and issue Bonds under the 1915 Act to finance Improvements; and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy or collection of assessments or any required remedial action in the case
of delinquencies in such assessment payments; or the issuance, sale or administration of the
Bonds or any other bonds issued in connection with the CaliforniaFIRST Program.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council:
Section 1. Finds and declares that properties in the City's incorporated area will
benefit from the availability of the CaliforniaFIRST Program within the incorporated territory of
the City and, pursuant thereto, the conduct of special assessment proceedings by California
Communities pursuant to Chapter 29 and the issuance of Bonds under the 1915 Act.
Section 2. Consents to the conduct of special assessment proceedings by California
Communities pursuant to Chapter 29 on any property within its jurisdiction and the issuance of
Bonds under the 1915 Act as it relates to the CaliforniaFIRST Program; 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.
(2) The City will not be responsible for the conduct of any assessment
proceedings; the levy or collection of assessments or any required remedial action in the
case of delinquencies in such assessment payments; or the issuance, sale or
administration of the Bonds or any other bonds issued in connection with the
CaliforniaFIRST Program.
(3) The issuance of Bonds will occur following receipt of a final judgment in a
validation action filed by California Communities pursuant to Code of Civil Procedure
Section 860 that the Bonds are legal obligations of California Communities.
Section 3. Pursuant to the requirements of Chapter 29, California Communities has
prepared and will update from time to time the "Program Report" for the CaliforniaFIRST
Program ("Program Report"), and California Communities will undertake assessment
proceedings and the financing of Improvements as set forth in the Program Report.
Section 4. The appropriate officials and staff of the City are authorized, but not
required, to make applications for the CaliforniaFIRST program available to all property owners
who wish to finance Improvements; provided, that California Communities shall be responsible
for providing such applications and related materials at its own expense.
Section 5. The appropriate officials and staff of the City are hereby authorized to
execute and deliver such closing certificates, requisitions, agreements and related documents
as are reasonably required by California Communities in accordance with the Program Report
to implement the CaliforniaFIRST Program for Participating Property Owners.
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. 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
Secretary of California Communities.
Dated: December 17, 2014
I hereby certify that Resolution No. 2014-235 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held December 17, 2014, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and
Mayor Johnson
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
�'ri • 1�Za�i�f1�--
VNIFE ROBISON
City Clerk
2014-235