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Home My WebLink AboutReso 2013-225 RESOLUTION NO. 2013-225 RESOLUTION OF THE CITY COUI�'CIL OF THE CIT1' OF CHtiLA VISTA AI�4ENDIi1'G THE CITY OF CHULA VISTA STATEMENT OF GOALS AND POLICIES REGARDING THE ESTABLISHMEI�'T OF COMMUTIITY FACILITIES DISTRICTS TO PROVIDE FOR EI�TERGY EFFICIENCl'. WATER CONSERVATION. AND RENEWABLE ENERGY IMPROVEMEI�'TS FII�'.Si\'CIi�'G PROGRAAIS WHEREAS. the Mello Roos Communih- Facilities Act of 1982. set forth in Govemment Code Section �3311, and follo�vine (the "Act"), provides that a local aeency may initiate proceedings to establish a communitv facilities district (the "CFD") onl�� afrer first adopting and considering local goals and policies concemine the use of the Act; and �'�'HEREAS, on December 8, 1998, in compliance with the Act, the Ciri� Council (the "Cin� Council") of the City of Chula Vista (the "Cit�") appro��ed the Cin� of Chula Vista Statement of Goals and Policies Regazding the Establishment of Community Facilities Districts (the "Policies"); and WHEREAS; in 2011 the Legislature passed; and the Governor signed Senate Bill No. »>, ��hich became effecti��e on Januar}� ], 2012 (Stats. 2011, Ch. 493). Senate Bill No. »j amended the Act to authorize the establishment of CFDs for use in financing the installation of enere}� efficienc}�_ water conservation, and rene��able enerev improvements to residential, commercial, industrial; or other property; and �'HEREAS. the Cit�� Council desires to amend the Policies so that the Cin� mav avail itself of this ne«�authorih�. NOW. THEREFORE. BE IT RESOLVED bti= the Cit�� Council of the Citv of Chula Vista. as follows: Section 1. The above recitals are true and correct, and the Citv Council so finds and determines. Section 2. The Policies are hereby amended by adding a ne�v section to the end thereof as follo��s: COMMUNITP FACILITIES DISTRICTS FOR ENERGY EFFICIENCI', �VATER CONSERVATION. AND RENEWABLE ENERGY IMPROVEMENTS Introductorv Statement Senate Bill No. »> (Statutes 2011, chapter 493) amended the Mello-Roos Communih� Facilities Act of 1982 (Gov. Code, y§ �33ll-�33683) (the "Act`) to authorize the use of communit�� facilities districts for financina enere�� efficiencv. �vater conservation, and rene��able energv impro��ements to privateh�or publicl}� o«med real propert}� and buildines. Resolution No. 2013-22� Page 2 In particular, Senate Bill No. 5» added section 53328.1 to the Act; thereby authorizins special taa:es to be levied only �vith the unanimous consent of all owners of propert}� to be ta�ed bv such a district. In light of the legislative findings in section 8 or Senate Bill No. 5>5, the City Council may determine to establish one or more programs through which the City may use section �3328.1 of the Act and the related provisions added to the Act by Senate Bill No. �5� to provide special tas financing for improvements and properties that meet the criteria set forth in the hearing report prepared in connection with the establishment of any such program (each a "Proeram'). The City will administer each Program or contract with a third-party to administer such Program (a"Program Administrator'`). ��ith respect to financings 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. Elieible Improvements. A Pmgram may be used to finance or refinance the acquisition, installation, and improvement of energy efficiency, water conservation, and rene�aable energy improvements on real property and in or on buildings, whether the real property or buildings are privately or publicly owned, subject to the following; (i) For privately o��ned real property and buildings, each owner must consent in advance to the financing, in N�iting. (ii) Financing through a Program is not available for the initial construction of privately owned residential buildings unless that initial construction is undertal:en by the intended owner or occupant. The City is not establishing any priorities with respect to the financing 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 hearing report prepared in connection with the related Program, as amended or modified from time to time (each a "Hearing Report"). No services (as defined by Government Code Section 53313) will be financed through any Program. b. Notice to Prosnective O��ners. To ensure that prospective purchasers of property subject to a special ta� levied through a Program are fully informed about the taa, the related Program Administrator ��ill record a notice of special-taac lien for each participating property as required by the Act and will provide the seller of each property ��-ith a disclosure notice that satisfies section 53340.2 of the Act and Califomia Civi] Code section 1102.66. Resolution No. 2013-22� Pa�e 3 c. Financina Limits. For each propert��. the minimum fundine request and maximum amount financed shall be determined in accordance ti�th the Hearing Report. It is not expected that the Cin� ��ill issue bonds in connection �vith an�� Program. If the Ciri� issues bonds in connection �vith a Program, the City ��ill establish policies concemin� the credit quality of such bonds on a case b}� case basis. d. Undenvritina Requirements for Fioancines. For each propert}�, the financine oF Eligible Improvements on that propert}� must meet the elieibiliri requirements set forth in the Hearing Report. The Hearine Report ma�� be amended or modified from time to time as specified therein or the City Council ma}� ��ai��e or modifi� anv requirement in the Hearine Report on a case b}� case basis. e. n7aximum Annual Saecial Taa. The total annual aegregate amount of propert}� ta�es and assessments on each propert�� that participates in a Proeram, includine the special tat imposed through such Program. ma}� not e�ceed fi�e percent (�%) of the value of the propem�. The ��alue of the propert}� ��ill be derived from the assessed ��alue, the appraised value, or an estimate of value based upon data supplied bti� a reputable real estate information sen�ice. If appraisals aze used to determine ��alue for any purpose of a Pro2ram. the definitions, standards, and assumptions to be used in such appraisals shall be determined on a case by case basis by the Cin� or the related Proeram Administrator. f. Administration Costs. The annual special tat for each property that participates in a Program must be in an amount sufficient (i) to finance or refinance the Elieible Improvements for such property and (ii) to pay the property's pro-rata share of the Cit�`s and the related Proeram Administrators costs to administer such Proaram. g. Minimum Staudards; �Vai�•er and Amendment. The policies set forth in this section reflect the minimum standards under ��hich the Ciri� ��ill mal;e use of the Act to finance Elieible Improvements. The City may, in its discretion, require additional measures and procedures, enhanced securit}� and hieher standards in particular cases. The Cih� may, in its discretion and to the e�tent permitted by law, wai��e any of the policies set forth herein. Such ��ai��ers aze sranted onl�� by action of the City Council. The goals and policies set fonh in this section ma}� be amended at any time and from time to time bv the Citv. Section 3. This resolution shall tal:e effect immediately upon its passage and adoption. Presented b}� Appro��ed as to form � Richazd A. Hopki G n R. Go 2ins Director of Publi \�'orks Ci � Att ev Resolution I�?o. 20li-22� Page 4 PASSED; .APPROVED. and ADOPTED by the City Council of the City of Chula Vista, Califomia, this �th day of November 2013 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Coa NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M or ATTEST: R-�1tua. 'J� .�.� Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 20li-225 was duly passed, approved; and adopted by the City Council at a special meeting ofthe Chula Vista City Council held on the Sth day ofNovember 2013. Esecuted this �th dav of November 2013. ��..�h�, �`/vOh�4�-� Donna R. Norris, CMC, City Clerk