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2025-01-27_ATT_Proposed Resolution Authorizing CSCDA Open PACE Program_12402 Washington.pdf

City Council Meeting Agenda
January 27, 2025

Document
2025-01-27_ATT_Proposed Resolution Authorizing CSCDA Open PACE Program_12402 Washington.pdf
Meeting
January 27, 2025
Body
City Council Meeting Agenda
Original file
115 KB
Text extracted from the city's file for reading and search. Open the original on culver-city.legistar1.com. That file is the official record.

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RESOLUTION NO. 2025-R ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CULVER CITY, CALIFORNIA CONSENTING TO THE
INCLUSION OF THE PROPERTY LOCATED AT 12402

WASHINGTON PLACE IN THE CSCDA OPEN PACE
PROGRAM; AUTHORIZING THE CALIFORNIA

STATEWIDE COMMUNITI ES DEVELOPMENT

AUTHORITY TO ACCEPT AN APPLICATION FROM THE

OWNER OF SUCH PROPERTY, CONDUCT

CONTRACTUAL ASSESSMENT PROCEEDINGS AND

LEVY CONTRACTUAL ASSESSMENTS ON SUCH
PROPERTY; AND AUTHORIZING RELATED ACTIONS.

WHEREAS, the California Statewide Communitie s 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 Culver City (the “City”); and WHEREAS, Chapter 29 of Division 7 o f the Streets & Highways Code (“Chapter 29”) authorizes the Authority to establish voluntary contractual assessment programs to finance or refinance renewable energy, energy efficiency, water efficiency an d seismic strengthening impro vements, electric vehi cle 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 assess ments within counties and cit ies throughout the Sta te of California that consent to the participation of properties within their respective territories and the issuance of bonds from time to time; and WHEREAS, for the purpose of providing financing and ref inancing for the Improvements, the Authority has es tablished the California Statewide Communities Development Authority Open Property Assessed Clean Energy Program ( “CSCDA Open PACE Program”); and

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WHEREAS, the Authority has designated multiple third -party program administrators to administer the CSCDA Open PACE Program, including PACE Equity (including its affiliates, “PACE Equity”); 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 owner (the “Participat ing Property Owner”) of the property located at 12402 Washington Place (the “Participating Property”) has asked the Authority and PACE Equity to provide financing through the CSCDA Open PACE Program for the installation of Improvements on the Participatin g Property as part of the construction of an electric car charging station (the “Project”), and the City desires to allow the Participating Property Owner to participate in the CSCDA Open PACE Program and to allow the Authority to conduct assessment proceedings under Chapter 29 within its territory and to issue bonds to finance or refinance the installation of Improvements on the Participating Property; and WHEREAS, the Authority will conduct all assessment proceedings under Chapter 29 for the Participating Property and issue any bonds related to the Participating Property, and the City will not be responsible for the conduct of any assessment proce edings; 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 Participating Property.

NOW, THEREFORE, the City Coun cil of the City of Culver City, California, DOES HEREBY RESOLVE, as follows:

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1. The City Council hereby finds and determines that the foregoing recitals are true and correct, are incorporated herein, and by this reference are made an operative part hereof.

2. The City Council hereby f inds and declares that the Participating Property will benefit from participat ing in the CSCDA Open PACE Program and, pursuant thereto, the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 and the issuance of bonds to fin ance or refinance the installation of Improvements on the Participating Property.

3. The City hereby consents to the conduct of special assessment proceedings by the Authority pursuant to Chapter 29 on the Participating Property and the issuance of bonds t o finance or refinance the installation of Improvements on the Participating Property; provided, that:
(a) the Participating Property Owner, who shall be the legal owner of such Property, executes a contract pursuant to Chapter 29 and complies with other applicable provisions of California law in order to accomplish the valid levy of assessments; and
(b) the City 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 o f any bonds issued by the Authority in connection with the Participating Property.

4. The City Manager or designee is hereby authorized and directed to execute and delive r such certificates, requisitions, agreements and related documents as are reasonabl y required by the Authority to implement the authorization acc omplished by

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this Resolution. The City Manager or designee is hereby designated as the contact persons for the Authority in connection with the CSCDA Open PACE Program.

5. The City Council he reby finds that no environmental review is required under CEQA in connection with the adoption of this Resolution because the related proposed Project is categorically exempt pursuant to Section 15303(e) (Class 3 New Construction) of the State CEQA Guidelines.

6. This Resolution shall take effect immediately upon its adoption.

7. The City Clerk i s hereby authorized and directed to transmit a certified copy of this resolution to the Secretary of CSCDA at: Secretary of the Board, Californi a Statewide Communities Development Authority, 1400 K Street, Sacramento, CA 95814.

APPROVED AND ADOPTED on the 27th day of January, 2025.

____________________________
DAN O’BRIEN, Mayor
City of Culver City, California

ATTEST: APPROVED AS TO FORM:

_______________________________ ____________________________ JEREMY BOCCHINO, City Clerk HEATHER BAKER, City Attorney

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