HomeMy WebLinkAbout2013/11/05 Item 13 �
� - �-�-�.f�. �� CITY COUNCIL
� =� � AGENDA STATEMENT
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CHUTAVISTA
11/OS/13, Item (3
ITED1 TITLE: A RESOLUTION OF THE CITY COU?��CIL OF THE CITY OF
CHULA VISTA AIvIE\iDIi�'G THE CITY OF CHULA VISTA
STATEA4ENT OF GOALS AND POLICIES REGARDII�TG
THE ESTABLISHMENT OF COMMiINITY FACILITIES
DISTRICTS TO PROVIDE FOR ENERGY EFFICIENCY.
WATER CONSERVATION, AND RENER�ABLE ENERGY
IMPROVEMENTS FIi�'AI�rCII�iG PROGRAI�4S
A RESOLUTION OF THE CITY COUtiTCIL OF THE CITY OF
CHiJLA VISTA DECLARIi�'G ITS INTENTION TO
ESTABLISH COA4\Q[JNITY FACILITIES DISTRICT NO.
2013-1 (CLEAN E\rERGY PROGRAM), CITY OF CHULA
VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFORNIA AI�TD TO LEVY SPECIAL TAXES THEREIN
TO FII�'ANCE OR REFII�'ANCE THE ACQUISITIOI�';
II�'STALLATION. r�\'D IMPROVEMENT OF ENERGY
EFFICIENCY. \4'ATER CONSERVATION. AND
RENE\'�JABLE ENERGY IMPROVEMENTS
PERI�4ANENTLY AFFIXED TO OR ON REAL PROPERTY
AI�'D II�' BUILDII`TGS
SUBIIITTED BY: DIRECTOR OF PUBLIC \T��ORKS
ADMINISTRATIVE RVICES n� GER �
RE�'IE�YED B1': CITY A�LANAGE
ASSISTA\iT CIT n4AI`rAGER�'
�/hTHS VOTE: 1'ES � \`O �X
SUA'i1�4ARY
As part of i[s Climate Action Plan implementation, the City is pursuin2 the establishment
of a Chula Vista-specific Propertq Assessed Clean Energv (PACE) proeram; in
partnership with Ygrene Energy Fund. PACE proerams help provide financine to
propertti� owners interested in energy efficiency; �vater conservation, and rene�vable
enerey improvements. To enable a local PACE proeram, the City must amend iu
Community Facilities Disvic[ (CFD) Goals & Policies document to ailow "clean energy"
improvements, declaze its intent to form a clean energy-focused CFD, and set a formal
public hearine date for consideration of the new CFD.
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11/OS/13,Item ��j
Page 2 of�
ENVIRONMENTAL REVIE��'
The Development Services Director has reviewed the proposed activity for compliance
with the California Environmental Quality Act (CEQA) and has determined that the
activity qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions
by Regulatory Agencies for Protection of tbe Environment] of the State CEQA
Guidelines. Thus, no further enviromnental review is necessary.
RECOMMENDATION
Council adopt the resolution.
BOARDS/COMn�ISSION RECOMMENDATTON
At their October 14`h meeting, the Resource Conservation Commission unanimously
recommended that the City Council amend the Chula Vista Community Facilities District
(CFD) Goals & Policies document to allow "clean energy" improvements and declare the
City's intent to form a clean energy CFD.
DISCUSSION
As part of its Climate Action Plun implementation (Mitigation Measures #2, 3, �, & 7 and
Adaptation Strategies #4 & 11), the City has been pursuing the establishment of a Chula
Vista-specific "Property Assessed Clean Energy" (PACE) program over the last 9
months. PACE programs allow property-owners to voluntarilv finance energy and water-
saving improvements through a ta�c assessment on their property and the resulting utility
savings are used to help offset the new assessment. Assessment obligations generally
transfer with the propert}� upon sale, because the new owner continues to benefit from the
efficiency iinprovements. The creation of a local PACE program was also prioritized
within the City's recent Strategie Plan under tbe "Healtl�y Community" core goal.
PACE programs were authorized under California Assembly Bill 811, Assembly Bill
474, and Senate Bill 5» and have successfully facilitated building energy and water
upgrades in a number of Califomia communities (such as Sonoma County, westem
Riverside County, City of Palm Desert, and City of Sacramento), while creating local
economic development benefits. Typically, third-party administrators, on behalf of the
host jurisdictions, manage the creation of the assessment district and day-to-day
operations including contractor outreach, property-owner enrollment, and private
financing coordination. Through a competirive solicitation process, the City of Chula
Vista entered into a no-cost contract with Ygrene Energy Fund to administer a Chula
Vista-specific PACE program for both residential and commercial property-owmers on
August 6, 2013 (Resolution .#2013-161).
As outlined in SB555 (which amended the Mello Roos Community Facilities Act of
1982), the City of Chula Vista must take a number of specific steps in order to form a
local PACE program. First, the City must amend its Chula Vista Community Facilities
District (CFD) Goals & Policies document to allow for the financing of energy
effciency, water conservation, and renewable energy improvements. The City Council
approved its eaisting "Statement of Goals and Policies Regarding the Establishment of
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Page 3 of A
Community Facilities Districts° on December 8, 1998. The proposed amendments would
set the elieible property types as both pri��ate and public; require certain special tax lien
notices to be recorded; establish the mar.imum annual special taY limits (aggre�ate) at
�%, and permit recovery of program administration costs.
Secondly; the Ciry must pass a resolution declarine its intention to establish a "clean
energy" community facilities district. The new CFD v��ill initially only contain territory
proposed for annexation in the future. This azea includes the entire jurisdictional
boundaries of the Cirv of Chula Vista and a propem� �ti�thin it may be annexed to the
Community Facilities District (and subjected to the special ta�c) only with the unanimous
��ritten approval of the ow�ner or o��ners of the property at the time of annexation. In
addition; the rate of special tar for each propem� ���ill be established in an amount
requued to finance or refinance the property's particulaz energy and water uperade
improvements; plus any related program administration costs. The special taK ��ll be
recorded as a special tax lien on the property and will be collected throueh the normal
Counrv property tar bill process.
Finally; the City Council must set a public hearing to consider the establishment of the
"dean energy�' communiry facilities district Specifically, the public hearing will allow
vettine of the proposed list of authorized improvements, CFD boundaries; and an}� other
related matter. As required by la���; if 50% or more of the reeistered voters or owners of
one-half or more of the land area residing within the proposed CFD file ���ritten protests,
then no further proceedines to form the Community Facilities District may be undertaken
for at least one veaz from the date of the City Council's determination that a majority
prorest exists. If the majoriri� protest is only aeainst the fiunishine of a specified tvpe or
types of Authorized Improvements, or aeainst le�ying a specified special taK; or aeainst
any aspect of the incurrence of debt, then only those elements need be eliminated from
the proceedin2s. The City is proposine to set the aforementioned public hearine for
Tuesday; December 10`�' at 2:OOpm as part of the re�ular Cin� Council meetine.
DECISIO\� D4AKER CONFLICT
Staff has determined that the recommendations requiring Council action aze not site
specific and consequentl�� the �00 foot rule found in Califomia Code of Reeulations
section 18704.2(a)(1) is not applicable to this decision. Staff is not independendv aware;
nor has staff been informed by any Cit}� Councilmember, of any other fact that may
constitute a basis for a decision mal:er conflict of interest in this matter.
CliRRENT 1'EAR FISCAL I14PACT
There «�ould be no impact to the City's General Fund caused b�� the proposed
amendments to tbe Chula Vista CFD Goals & Policies document to allow "clean ener2}�'
improvements or by declarine the City's intent to form a clean enerev CFD. Ygrene
EnereY Fund covers all costs associated with designing and administering a PACE
program includine district formation; mazketing; and project financine. In addition, the
Cirv is able to recover am� costs associated���ith staff time related to the program.
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ONGOING FISCAL IMPACT
There �vould be no ongoing impact to t6e City's General Fund caused b�� the
establishment and operation of a Chula Vista-specific PACE program.
ATTACHA4ENTS
None.
Prepared 6y:Brendan Reed,Envisonntenm(Resovxe Manager,Public N�osks-Conservation
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RESOLUTION NiJn4BER 2013-
A RESOLUTION OF THE CITY COUT'CIL OF THE CITY OF
CHULA VIST.A .4D4ENDII�'G THE CITY OF CHULA VISTA
STATEA4ENT OF GOALS AND POLICIES REGARDNG THE
ESTABLISH�QENT OF COA4ML7NITY FACILITIES
DISTRICTS TO PROVIDE FOR ENERGY EFFICIENCY.
R'ATER CONSERV.ATIOI�'. A\'D REI�'E�i'ABLE EI�'ERGY
IMPRO\%EA4ENTS FT�AI�'CII�TG PROGRAI�4S
l�'HEREAS. the �4ello Roos Communin- Facilities Act of 1982. set forth in Go��ernment
Code Section �3311, and follo�ring (the "Act"); pro�ides that a local agency may initiate
proceedines to establish a community facilities district (the "CFD") only afrer first adoptine and
considering local goals and policies concernin� the use of the Act: and
WHEREAS; on December S, 1998, in compliance ���th the Act; the Cin� Council (the
"Cit}� CounciP') of the City of Chula Vista (the "Cin�`) appro��ed the Ciri� of Chula Vista
Statement of Goals and Policies Regarding the Establishment of Communiri- Facilities Districts
(the "Policies'); and
VJHEREAS; in 2011 the Legislature passed. and the Govemor siened; Senate Bill No.
5», ���hich became effective on Januar� 1, 2012 (Stats. 2011, Ch. 493).� Senate Bill No. »>
amended the Act to authorize the establishment of CFDs for use in financing the installation of
energv efficiencv; «'ater consen�ation, and renewable energ}� improvements to residential,
commerciai, industrial: or other property; and
\VHEREAS; the City Council desires to amend the Policies so that the City ma}� a��ail
itself of this ne«�authorin�.
NO�V, THEREFORE; BE 1T RESOLVED by the Cit}� Council of the Cih� of Chula
Vista. as follo�i�s:
Section l. The above recitals are true and correct. and the Cin� Council so
finds and determines.
Section 2. The Policies are hereby amended by adding a new section to the
end thereof as follo���s:
COA4A4U1VITl' FACiLITIES DISTRICTS FOR ENERGY EFFICIENCI'. R'ATER
CONSERV:�7'ION. AND RENE�VABLE ENERGY IMPROVEMENTS
� Introductor�� Sfatcment
Senate Bill V'o. »j (Stamtes 20ll; chapter 493) amended the A4ello-Roos Communin�
Facilities Act of 1982 (Go�. Code; §§ �33ll-�3368.3) (the "Act") to authorize the use of
communit�� facilities districts for financin� energy efficiency; ��ater consen�ation. and
reneN�able enere�� improvements to privatel�� or publicly o�tired real propem� and buildinas.
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In particular; Senate Bill No. 555 added secUOn 53328.1 to the Act, thereby authorizing
special taaes to be le��ied onl}� ��ith the unanimous consent of all owners of property to be
taxed by such a district.
In light of the leeislati��e findings in section 8 of Senate Bill No. 555, the City Council ma��
determine to establish one or more programs through which the City may use section
53328.1 of the Act aud the related provisions added to the Act by Senate Bill No. 5» to
provide special tax financing for improvements and properties that meet the criteria set
forth in the hearin� report prepared in connection with the establishment of any such
program (each a "Program"). The City will administer each Program or contract with a
third-party to administer such Program (a "Program Administrator').
With respect to finaucings done through a Program, the goals and policies set forth in this
section; as such goals and policies may be amended from time to time; supersede any other
goals and policies adopted by the City concerning the use of the Act.
a. Elieibie Impro�-cmcnts. A Program may be used to finance or refinance the
acquisition, installation, and improvement of energy efficiency, water conservation,
and rene��able energy improvements on real property and in or on buildin�s, whether
the real property or buildings are privately or publicly owned, subject to the
folloti�ine:
(i) For privately owned real property and buildings, each owner must consent in
advance to the f nancing, in writing.
(ii) Financing through a Program is not available for the initial construction of
privately o�vned residential buildings unless that initial eonstruction is
undertaken by the intended owner or occupant.
The City is not establishing any priorities with respect to the ftnancing of Eligible
Improvements. Priority for financing shall be considered on a case by case basis as
determined by the City or the applicable Program Administrator in accordance with
the hearina report prepared in connection with the related Program, as amended or
modified from time to time (each a "Hearing Repori"). No services (as defined by
Go��emment Code Section »>13) will be financed through any Progam.
b. 1�'otice to Prosnective Owners. To ensure that prospective purchasers of property
subject to a specia] tax levied through a Program are fully informed about the tax, the
related Progra�n Administrator will record a notice of special-tax lien for each
participating propert�� as required by the Act and will provide the seller of each
property with a disclosure notice that satisfies section 53340.2 of the Act and
� Califomia Civil Code section 1102.6b.
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Resolution\'o.
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c. Financina Limits. For each propem�, the minimum fundine request and maximum
amount financed shall be determined in accordance with the Hearing Report. It is not
expected that the Ciri- ti�ill issue bonds in connection with any Pro�ram. If the City
issues bonds in connection ���ith a Proeram. the Ciry �+�ill establish policies conceming
the credit quality of such bonds on a case by case basis.
d. Undenvritine Requirements for Financings. For each propem�, the financine of
Eligible Impro��ements on that propem� must meet the elieibilim requirements set
forth in the Hearin2 Report. The Hearine Report ma�� be amended or modified from
time to time as specified therein or the City Council may ���aive or modifi� anv
requirement in the Hearing Report on a case by case basis.
e. �7aximum Annual Snecial Ta�. The total annual aeeregate amount of propem taxes
and assessments on each property ihat participates in a Program; includins the special
tar imposed through such Program, may not exceed five percent (�%) of the value of
the propem�. The value of the propert�� ���ll be derived from the assessed value, the
appraised value, or an estimate of value based upon data supplied bv a reputable real
estate information service. If appraisals are used to determine value for any purpose
of a Proeram, the definitions; standazds. and assumptions to be used in such
appraisals shall be determined on a case by case basis b}� the Citv or the related
Proaram Administrator.
£ Administration Costs. The annual special tax for each propeR}� that participates in a
Proa am must be in an amount sufficient (i) to finance or refinance the EliQible
Impro��ements for such property and (ii) to pay the property's pro-rata share of the
City`s and the related Prooram Administrators costs to administer such Proeram.
g. D'Iinimum Standards; �Vaiver and Amendment. The policies set forth in this
section reflect the minimum standazds under ti�hich the Citv ���ill make use of the Act
to finance Elieible Improvements. The Citv may, in its discretion, require additional
measures and procedures. enhanced security and hieher standazds in particular cases.
' The City may; in its discretion and to the extent permitted by la���, ���aive any of the
policies set forth herein. Such waivers are granted only b�� action of the Ciry Council.
The �oals and policies set forth in this section may be amended at any time and from
time to time bv the Cit��.
Section 3. This resolution shall take effect immediateh� upon its passaee and
adoption.
Presented b��: Approved as to form:
�
^ , �� /��
Richazd A. Hopkins r���Gler� . Goo ' s�
Director of Public Works -N/�;ln�Attomey
\
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RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING ITS INTENTION TO
ESTABLISH COMMLTNITY FACILITIES DISTRICT NO. 2013-
1 (CLEAN EI�TERGY PROGRAM), CI1'Y OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA AND TO
LEVY SPECIAL TA�iES THEREIN TO FINAI�'CE OR
REFINANCE THE ACQUISITION, INSTALLATION, AND
1MPROVEMENT OF EI�iERGY �PPICIENCY, WATER
CONSERVATION, AND RENLWABLE ENERGY
IMPROVEMENTS PERMANENTLY APFIX�D TO OR ON
REAL PROPERTY AND IN BUILDINGS
VIHEREAS, the Cit}� Council (the "City Council") of fhe City of Chula Vista(the "City')
has duly considered the ad��isabilit}� and necessity of establishing a community facilities district
within the City's jurisdictional boundaries and levying special taxes therein to finance the
acquisition, installation, and improvement of energy efficiency, water conservation, and
rene���able energy improvements permanently affixed to or on real property and in buildings,
N�hether the real property or buildings are privately or publicly o�vned (the "Authorized
Improvements"), all in accordance with the Mello-Roos Community Facilities Act of 1982 as
amended by Senate Bill No. 555 (Statutes 2011, chapter 493) (the "AcP') as set forth in chapter
2.5 (begiiming with section 533ll) of part l in division 2 of t�itle 5 of the California Government
Code; and
\�HEREAS; in section 8 of Senate Bill I�TO. 555, the California Legislature made the
following findings: �
"The Legislature finds and declares that global warming poses a serious
threat to the economic well-being, public health, natural resources, and the
environmevt of the state, and tliat action taken by the state to reduce emissions of
greenhouse gases will have far-reaching effects by encouraging other states, the
federal government, and other countries to act. Califomia has a tradition of
en��ironmental ]eadership and wishes to be at the forefront of national and
international efforts to reduce emissions of greenhouse gases. In furtherance of
these efforts to reduce emissions of greenhouse gases, the Legislatw�e declares
that a public purpose will be served by providing the legislative body of a local
agency with the authority to use special taxes pursuant to the Mello-Roos
Community Facilities Act of 1982 to finance tl�e installation of energy efficiency
and reneN�able enerey improvements that are affiaed, as specified in Section 660
of the Civil Code, to residential, commercial, industrial, or oTher property.
"The Legislature furlher finds and declares that the growing populatioti.
climate change, and the need to protect and grow California's economy while
protecting and restoring our fish and wildlife habitaYS make it essential that the
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Resolution No.
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stare manage its v��ater resources as efficientlti� as possible. Section 2 of Article X
of the California Constitution declazes: "It is herebv declared that because of the
conditions prevailine in this State the eeneral ��relfare requires that the �vater
resources of the State be put to beneficial use to the fullest eatent of��fiich the��
aze capable, and that the «�aste or unreasonable use or unreasonable method of use
of���ater be pre��ented, and that the consemation of those ���aters is to be e�ercised
�vith a vie�v to the reasonable and beneficial use thereof in the interest of the
people and for the public welfaze." Former Go��emor Sch���azzeneeger, in his
E�ecuti�e Order S-06-08, proclaimed a condition of state�+�ide droueht and
ordered implementation of additional actions to promote ���ater conservation
which ��ili contribute to achie��ing lono term reductions in water use. Former
Govemor Sch�+�arzeneaeer called for a 20-percent per capita reduction in urban
�vater use state���ide by the }�ear 2020. Reduced �vater use throush conservation
pro��ides significant energy and environmental benefits, and can help protect
water qualitv, improve streamflo���s, and reduce ereenhouse gas emissions. There
are mam� ���ater conservation practices that produce sienificant energy and other
resource savings that should be encouraged as a matter of state polic��. The
Legislature also declares that a public purpose ���ill be sen ed by providing the
legislative body of a local agency ��th the authorin to use special ta�;es pursuant
to the Mello-Roos Communit}� Facilities Act of 1982 to finance the installation of
�vater consen�ation impro�ements that are attached to residential, commercial;
industrial, or other properq;' and
�l'HEREAS; the City Council has determined that establishing such communin� facilities
district is consistent �i�ith and follo���s the local eoals and policies concernine the use of the .Act
that have been adopted by the Cin� Council and aze no��� in effect; and
«'HEREAS; the Cit}� Council is fully advised in this matter.
\T0�4'. THEREFORE. BE IT RESOLV'ED bv the Citv Council of the Ciri� of Chula
Vista. as foilo�vs
Section l. The Citv Council intends, and herebti� proposes; to establish a
communit�� facilities district in accordance ���ith section 53328.1 of the Act. to be l:no��a and
designated as "Community Facilities District No. 2013-1 (Clean Energy Program), City of Chula
Vista, County of San Dieeo, State of California ` (the "Communitv Facilities Districr').
Section 2. As authorized by section �.i328.1 of the Act the Communin�
Facilities District �vill initially contain onlv temton�.proposed for anne�ation to the Community
Facilities District in the future (the "7erritor��-). The Temton� includes the entire current
jurisdictional boundazies of the Citv and is more particularly described and sho��m on a map
entitled "Proposed Boundaries of Territory Proposed for Annexation in the Future to Community
Facilities District No. 20li-1 (Clean Energy Proaram), City of Chula Vista, County of San
Dieeo, State of California' now on file in the office of the Cit}� Clerk(the "Clerk"), �vhich map is
hereb�� appro��ed by the City Council. A reduced copy of the map is attached ro this resolution as
Exhibit A. The Cit�� Council finds that the map is in the form and contains the matters
prescribed by section 3110 of the Califomia Streets and Hiefiva��s Code. The City Council
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Resolution No.
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hereby authorizes and directs the Clerk to certify the adoption of this resolution on the face of the
map and to record a copy of the map ��ith the County Recorder of the Countv of San Dieeo in
accordance with section 3111 of the California Streets and Highways Code.
Section 3. The City Council inYends, in accordance with the Act, to facilitate
the financing on a parcel-b}�-parcel basis of the acquisition, installation, and impro��eme�t of the
Authorized Improvements shown on Exhibit B to this resolution as may be approved; in any
particular instance;by the City or the City s authorized program administrator.
Section 4. The City Council hereby finds that any property included within
the Territory that is currently devoted primarily to agricultural, timber, or livestock uses and
being used for the commercial production of agricultural, timber, or livestock products will, if
annexed into the Community Facilities District, nonetheless benefit by the Audiorized
Impro��ements.
Section 5. The City Council hereby declares ihat tlie public convenience ai�d
necessity require that a debt (as defined in the Act and herein "debt") be incuned to finance the
cost of the Authorized Improvements. The cost of financing the acquisition; installation, and
improvement of the Authorized Tmprovements includes all expenses incidental to the acquisition,
installation and improvement, including but not limited to the following: the costs of planning
and designing the Authorized Improvements, together with tl�e costs of any environmental
evaluations thereof; a proportionate sl�aze oP tbe costs associated with the creatio❑ of the
Community Facilities District, the incunence of any debt and the making of financing
anangements, the detennination of the amount of any special taxes, or the collection or payment
of any special taxes; and any costs otherwise incurred to carry out the authorized purposes of the
Community Facilities District. A representative list of incidental expenses proposed to be
incurred is set forth on Exhibit C to this resolution.
Section 6. The City Council intends (a) that a parcel within the Territory may
be annexed to the Community Facilities District and subjected to the special tax only with the
unanimous written approval of the owner or owners of the parcel when it is annexed (the
"Unanimous Appro��al Aereemenf`); (b) that the rate of special tax Por each parcel ���ill be
established in an amount required to finance or refinance ,(including the payment of interest and
the funding and replenishment of any reserve fund for debt) the Authorized Improvements
approved for tUe parcel and to pay the parcePs appropriate share of the Community Pacilities
District's admi��istrative expenses; (c) that the inaximum annual rate, inethod of apportionment,
and manner of collection of the special tax �vill be specified in Yl�e Unanimous Approval
Agreement for each parcel; (d) that the maximum principal amount of the debt to be incurred to
finance or refinance the Authorized Improvements for tl�e pazcel will be the amount approved in
Yhe Unanimous Appro��al Agreement for each parcel; and (e) tl�at the special-tax revenues may
also be used to repa}� the appropriate portion of a�y funds the City advances for the Community
Facilities District and to repay under any agreement (which will not constitute a City debt or
liabilit��) any advances of funds or reimbursement for the lesser of the value or cost of�vork in-
kind provided by any person for the purposes of the Community Pacilities District.
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Section 7. Upon recordation of a Notice of Special Tax Lien in accordance
��ith sections �3328.1(a)(4) and 53328.3 of the Act and section 3114.� of the California Streets
and Hi2h��a��s Code; a continuing lien to secure each le��}� of the special tax ���ll attach to each
pazcel annexed to the Communit�� Facilities District; and this lien ���ill continue in effect until the
special-tax oblieation is prepaid and permanentl�� satisfied and the lien is cancelled in accordance
���ith la��� or until the Cin� no loneer levies the special ta�;. The method of prepati�ment of the
special-tax obliQation; if an��; ��ili be as set forth in the Unanimous Appro��al Aereement.
Section 8. The Ciri� Council intends that the proposed special tax ���ll be
collected throush the reeulaz secured property-ta� bills for the County of San DieQo. The Cit��
Council further intends that the proposed special tax will be subject to the same enforcement
mechanism and the same penalties and interest for late pa��ment as reeular ad valorem propem�
taxes; althou�h the City Council reserves the rieht, but has no oblieation hereunder; to use an��
other lawful means of billing; collectins, and enforcine the special ta�;. includine direct billing;
supplemental billine, and; ���hen la�i�ully available,judicial foreclosure of the special-tax lien.
Section 9. As required by the Act, (a) the maaimum authorized special ta� for
financin2 the acquisition; installation; and impro�ement of the Authorized Improvements that
may be levied against anY parcel used for private residential purposes («hich use beeins �vhen a
certificate of occupancv or final inspection for private residential use is issued) ���ill be specified
as a dollar amount and may not increase by more than 2% each year (b) the special ta� may not
be le�ied aeainst such a pazcel afrer the last ta.� date set forth in the Unanimous Approval
Agreement; and (c) the special ta� ma�� not be increased on such a parcel, as a consequence of
delinquency or default by the o��mer of any other parcel or pazcels within the Community
Facilities District, bv more than ]0% or bti� the amount specified in the Unanimous Approval
Agreement, �vhichever is less.
Section 10. In accordance ���ith sections 5332�.7 and �3328.1(a)(2) of the Act,
the Cit}� Council intends to establish the appropriations limit (as defined b�- section 8(h) of
Article XIIIB of the Califomia Constitution) for the Communiri� Facilities District for the 2013-
2014 fiscal year and for subsequent fiscal �rears as the sum of the amounts stated as the
appropriations limit in each appro��ed Unanimous Approval Agreement. The amount
contributine to�aard the appropriations limit of the Communit�� Facilities District in each
Unanimous Approval Agreement will be subject to adjustment follo�i�ing the fiscal }�eaz in ���hich
the Unanimous Appro��al Agreement is fullv e�:ecuted; as provided in section 53325.7 of the Act.
Section 11. At 2:00 p.m. on Tuesda��, December 10; 20li, in the reeular
meetine place of the City Council, Council Chambers, City Hall — Buildine A; 276 Fourth
A��enue; Chula Vista. California 91910, the Cit}� Council �i�ill hold a public hearing to consider
the establishment of the Community Facilities District, the designation of Authorized
Improvements, the specification of the Territorr, the incurrence of debt to finance and refinance
the Authorized Impro��ements, and all other matters as set forth in this resolution. At the public
hearing; an�� persons interested mav appear and be heard; and the testimom of all interested
persons for or against the establishment of the Community Facilities District; the specification of
Authorized Improvements; the extent of the Temtory. the establishment of the appropriations
limit the incurrence of debt to finance or refinance the Authorized Impro��ements; or an<< other
matier set forth in this resolution will be heard and considered.
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Section 12. Any protests to the proposals in tl�is resolution may be made orally
or in «7iting by any interested persons, except that any protests pertaining to the regularity or
sufficiency of these proceedings must be in ���riting and must clearly set fonh the irre�ularities
and defects to which objection is made. Tl�e City Council may waive any irregularities in the
form or content of any ���ritten protest and at the public hearing may correct minor defects in the
proceedings. Any w7itten protest not personally presented at the public hearing by the author of
tl�e protest must be filed v��ith the Clerk at or before tl�e time fxed for the public hearing in order
to be received and considered. An�� ��ritten protest may be withdrawn in writing at any time
before the conclusiai of the public hearing.
Section 13. Afrer the conclusion of the public hearing, if ���ritten protests bp
50% or more of the registered ��oters residing ai�d registered witl�in the Territory have been filed
and not withdra�vn, or if written protests have been filed and not withdrawn by the o�nmers of
one-half or more of the land area that is ���ithin the Territory and not exeinpt from the special tax;
then no further proceedings to form the Community Facilities Dish-ict may be undertaken for at
least one }�ear from the date of the City CounciPs determination that a majority protest exists. If
the majorit�� protest is only against the furnishing of a specified t}�pe ar types of Authorized
Improvements, or against levying a specified special tax, or against any aspect of the incurrence
of debt, then only those elements need be eliminated from the proceedin�s.
Section 14. The public hearing may be continued from time to time but must
be completed within 30 da��s. If, however, the City Council finds that the complexity of the
Community Facilities District or the need for public participation requires additional time, then
the public hearing may be continued from tiine to time for a period not to exceed six months.
Section 1�. At the public hearing, fl�e City Council may modify this resolution
by eliminating any of the Autl�orized Improvements, by reducing the Territory, or by making any
other changes that reduce tbe authorizations proposed by this resolution.
Section 16. At the conclusion of tUe public l�earing, the City Council may
abandon these proceedings or may, afrer passing upon all protests, determine to proceed with
establishing the Community Facilities District and the incurrence of debt. If the City Council
determines to proceed with establishment and incurrence of debt, then the election procedure �a�ill
consist of the execution of Unanimous Appro��al Agreeinents as provided in sections �3328.1;
53329.6 and 53355.5 of the Act.
Section 17. Tl�e City Manager or such officer's designee is hereby directed to
study the Community Pacilities Dish�ict and, at or before the time of tlie public hearing, to cause
to be prepared and filed with the Clerk a report that contains the following: copies of Exhibits B
and C to this resolution; a recommended form of Unaniinous Approval Agreement,
recommendations for appropriate procedures and criteria for processing and evaluating
applications for participation and inclusion in the Community Facilities District from the owners
of property within the Territory; a�d an estimate of the related incidental expenses. The Clerk
shall submit the report to the City Council for review and shall make it available for inspection
bp the publia ln addition; the Clerk shall make the report part of the record of the public
hearing. The City Mauager may retain consultants to prepare tl�e report.
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Section 18. The Clerk shall give notice of the time and place of the public
hearing by publishing a I�TOtice of Public Hearing in the form required bti� the Act once in a
newspaper of 2eneral circulation published in the area of the Communit}� Facilities District, in
accordance ��itl� section 6061 of the Califomia Go��emment Code, and publication must be
completed at least seven dati�s before the date of the hearing.
Section 19. This resolution shall take effect immediatel}� upon its passage and
adoption.
Presented by: Approved as to form:
i
Richazd A. Hopkins Glen R. Googins-���.c�.����
Director of Public �l'orks Cit}�Attorney �l 0
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EXHIBIT B
CONIIVIUNITY FACILITIES DISTRICT I�'O. 2013-1 (CLEAI�' ENERGI' PROGRAM);
CITY OF CHULA VISTA. COLTNTY OF SAN DIEGO. STATE OF CALIFORI�'lA
LIST OF AUTHORIZED I1IPROVEA4ENTS
1. Enera- Efficienc}� Improvements
• Air sealine and ventilation
• Air filtration
• Buildine envelope
• Duct leakaee and sealins
• Bathroom. ceiline. attic.�and «�hole-house fans
• Insulatio❑
• Defect correction
• Attic. floor. ���alls. roof. ducts
• Vleather-stripping
• Sealina �
• Geothermal eachange heat pumps
• HVAC sti�stems
• E��aporative coolers (coolers must ha��e a separate ducting system from duciing for
air-conditionine systems and heatin� svstems)
• I�'atural-gas-stora�e �vater heater
• Tank-less �i�ater heater
• Solar-water-heater system
• Reflecti�e insulation or radiant barriers
• Cool roof
• Windo���s and glass doors (U ��alue of 0.40 or less and solar-heat-gain coefficient of
0.40 or less)
• �1'indo���filmina
• Sk.�li�hts V
• Solar tubes
• Additional building openines to provide addition natural lieht
• Lighting (fi�ture reuofits only)
• Pool equipment (circulating pumps, etc.)
2. Other.Non-residential Buildiug Improvements
• Occupanc�-sensor liehtine fiatures
• SMART parking-lot bi-level fixture
• SA4ART pazkine-earaoe bi-le��el fixtures
• SA�ART pathway lightin�
• SMART wall-pack fistures
• Task ambient office liehtina
• Classroom liehtins y
• Refrigerator case LED liehting �vith occupanc�� sensors
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• Wireless davlight-liahting conYrols
• Kitchen eahaust variable air-volume controls
• Wireless HVAC controls & fault detection
3. Photovoltaic and Solar-Thermal Equipment
• Solar thern�al hot-water systems
• Solar thermal systems for pool heating
• Photovoltaic systems (electricity)
• Emerging technolo�ies
4. VVater Conscrvation Improvements
• Faucet aerators
• Core-plumbing systems - -
• Gray-���ater s}�stems
• Instantaneous hot-water l�eaters
• Recirculation hot-ti�ater systeins
• Demand initiated hot-water systems
• Hot-water pipe insulation
• Irrigation-control s}�stems
• Irrigation systems
• Raimi�ater cisterns
• Low-flow sho«�erheads
• High-efficiency toilets
• Demand water sofreners
• Whole-house water-manifold systems
The following ���ater conservation i�nprovements are ap}�roved for non-residential
applications:
• Cooling-condensate reuse
• Coolina-tower conductivity controllers
• Deionization equipment
• Filter upgrades
• Foundation drain �e�ater
• Industrial-process water-use reduction
• Pre-rinse spray valves
• Recycled ���ater souroes
• Urinals
• ��'aterless urinals
5. Custom Improvements
Tlie program administrator can evaluate and approve finaneing for Authorized
Improvements tl�at are not "off the shelf` ("Custom Lnprovements"). Custom Improvements
may involve large-scale industrial or commercia] energy-efficiency improvements; processing or
industrial mechanical s}�stems; and rene�i�able energy-generation from sources such as
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Resolution No.
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geothermal and fuel cells. Custom Improvements that ���ill be considered for fundine include the
follo��ine:
• Building energp-management controls
• HVAC duct zonine-control systems
• Irri�ation pumps and controls
• Liehtin2 controls
• Industrial- and process-equipment motors and controls
• Fuel cells
• R'ind-turbine po���er systems
• 1�Tatural aas
• Hvdroeen fuel
• Other fuel sources (emeraing technologies)
• Caeeneration (heat and enere��)
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EXHIBIT C
COMA�UI�TITY FACILITIES DISTRICT I`'O. 2013-1 (CLEAN ENERGY PROGRAM),
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA
REPRESENTATTVE LISTING OF INCIDENTAL EXPENSES
AND FINANCING COSTS
The following incidenta] eapenses �nay be incurred in the proposed leaal proceedings to
establish and implement tl�e CommuniYy Facilities District and may be payable from proceeds of
debt or other financing or directly from the proceeds of the special tax:
• Fees and costs of special-taz consultants
• Costs of review, oversight, and administration by City staff_ _
• Fees and costs of counsel
• Fees and costs of financial advisors
• Fees and costs of special-taa administrators
• Fees and costs of appraisers and similar consultants
• Fees and costs of financine and debt administration
• The cost of publishing, mailing, and posting of notices
• Recording fees
• Underwriters discount
• Reserve funds for any debt
• Capitalized interest
• Governmental notification and filing fees
• Credit-enhancement costs
� • Rating-agency fees and costs �
• Fees and costs for continuing-disclosure services
• Third-part}� administrator costs
The expenses of certain recurring services pertaining to the Community Facilities District
may be included in each annual special-tax levy.
The foregoing enumeration is not exclusive. Other incidental expenses of a like nature
may be incurred from time to time ���ith respect to the Comn�unity Facilities District, and those
otl�er expenses will also be payable from proceeds of debt ar other financing or directly from the
proceeds of the special tax.
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