The Lake County Board of Supervisors voted unanimously to authorize the California Statewide Communities Development Authority (CSCDA) to begin proceedings to form a community facility district for the Gwinnock Valley Mixed Use Development.
Ben Rickelman, deputy county administrative officer, introduced the item and said CSCDA would handle formation work and that county staff would retain discretion over financing terms and final agreements. "I'm here for consideration of a resolution that would authorize the California Statewide Communities Development Authority ... to form a community facility district for the Gwynnock Mixed Use Development," Rickelman said.
Lou Feldman, a consultant and counsel for the developer, asked the board to pass the resolution and described the financing team and mechanics. "The simple request we have today is to have this resolution that's in front of you passed, and it will allow the California Statewide Community Development Authority ... to start the proceedings to create the infrastructure financing district that we've asked you to help us with," Feldman said. Feldman said Hilltop Securities would serve as bond underwriter, Goodwin Consulting would prepare the special tax formula, an independent trustee would hold bond proceeds, and the developer had deposited funds to cover bond counsel and special-tax consulting services.
Supervisor Sabatier asked the board to make sure the county's indemnification is explicit in written documents. "I do see there's an indemnification clause in the resolution ... I don't see anything that indemnifies us even though we're the ones making the approval process," Sabatier said, asking whether state statute already provides protection.
Brian Forbath, bond counsel on the CSCDA team, responded that indemnification for the county is set out in the acquisition agreement attached to the materials. "The indemnification to the county is set forth in section 3.01 of the acquisition agreement that's attached as the form here ... the developer will be indemnifying the county for basically everything under the sun in connection with the CFD," Forbath said.
The county's Interim Public Works Director noted remaining practical concerns about what the county will receive once infrastructure is built, whether improvements will meet county standards, responsibility for maintenance, and coordination with other agencies such as water and fire districts. The director said most of those questions were addressed in prior staff briefings but emphasized that other departments may need to review and that the county will seek reimbursement for staff time devoted to reviews.
No members of the public spoke on the item. An unidentified board member offered the resolution to authorize CSCDA to establish the CFD, and the board approved the motion on a roll-call vote: Supervisors Owen, Sabatier, Crandall, Paiszka and Rasmussen each voted 'aye.' The chair closed the item.
The board's action authorizes CSCDA to advance CFD formation and for staff to continue negotiations; the resolution does not itself adopt financing terms or commit the county to final conveyance or maintenance agreements, which will be subject to later review and approval by the county and appear in the acquisition agreement and other form documents.