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HomeMy WebLinkAboutReso 2013-226 RESOLUTION NO. 2013-226 A RESOLUTION OF THE CITY COUI�'CIL OF THE CITY OF CHULA VISTA DECLARING ITS II�TTENTION TO ESTABL[SH COMMUl�'IT1' FACILITIES DISTRICT NO. 2013-1 (CLEAN EI�TERGY PROGRAI�4); CITY OF CHULA VISTA. COUI�'Tl' OF SAI�' DIEGO. STATE OF CALIFORNIA AND TO LEVY SPECIAL TAXES THEREIN TO FII�'ANCE OR REFII�'ANCE THE ACQUISITION, II�'STALLATIOI�', AND IMPROVEn4ENT OF ENERGY EFFICIENCY. WATER CONSERVATIOI�', AND RENEWABLE ENERGY IMPROVEA4ENTS PERA�ANENTLY AFFIaED TO OR ON REAL PROPERTY AND II�' BUILDIi�'GS WHEREAS, the City Council (the `'City Council") of the Cit}� of Chula Vista (the "Cin ') has dulv considered the advisabilirv and necessit�� of establishine a communitv facilities district w�ithin the City's jurisdictional boundaries and lev}�ing special ta�es therein to finance the acquisition; installation, and improvement oF energ}� efficienc��, water conservation, and rene�vable energy improvements permanentl}� affixed to or on real property and in buildings; ti�hether the real propem� or buildings are privately or publicly owned (the "Authorized Improvements '), all in accordance ��ith the Mello-Roos Community Facilities Act of 1982 as amended by Senate Bill I�'o. »j (Statutes 2011. chapter 493) (the "Acr`) as set forth in chapter 2S (beginning ���ith section �3311) of part 1 in division 2 of title � of the Califomia Govemment Code: and W}iEREAS, in section 8 of Senate Bill I�'o. »>, the Califomia Leeislature made the follo�;�ine findines: "The Legislature finds and declazes that global �ti�arming poses a serious threat to the economic N�ell-being, public health, natural resources, and the environment of the state, and that action taken b�� the state to reduce emissions oF greenhouse gases ���ill have faz-reachine effects by encouraeing other states; the federal eovernment. and other countries to act. Califomia has a tradition of environmental leadership and H�ishes to be at the forefront of national and intemational efforts to reduce emissions of greenhouse eases. In furtherance of these efforts to reduce emissions of ereenhouse eases. the Leeislature declazes that a public purpose will be sen�ed b}� pro��idine the legislative body of a local aeency �ti�ith the authority to use special taxes pursuant to the Mello-Roos Communit}' Facilities Act of 1982 to finance the installation of energy efficienc}� and rene�ti�able energ}� impro��ements that are affixed, as specified in Section 660 of the Civil Code. to residential, commercial, industrial; or other property. "The Legislamre further finds and declazes that the gro��-ine population; climate change, and the need to protect and grow Califomia's economy �i�hile protecting and restoring our fish and ���ildlife habitats mal:e it essential that the state manaQe its water resources as efficiently as possible. Section 2 of Article }� of the Califomia Constitution declares: "It is herebv declared that because of the Resolution No. 2013-226 Page 2 conditions prevailine in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented, and that the conservation of those waters is to be eaercised �-ith a ��iew to the reasonable and beneficial use thereof in the interest of the people and for the public welfare." Former Governor Schwarzenegger, in his E�ecutive Order 5-06-08, proclaimed a condition of statewide drought and ordered implementation of additional actions to promote ti�ater conservation which will contribute to achieving long-term reductions in water use. Former Governor Schwarzenegger called for a 20-percent per capita reduction in urban water use statewide by the year 2020. Reduced water use through conservation provides significant energy and environmenta] benefits, and can help protect �+�ater quality, improve stream-flows, and reduce greenhouse gas emissions. There are many ���ater conservation practices that produce significant energy and other resource savings that should be encouraged as a matter of state policy. The Legislature also declares that a public purpose �vill be served by providing the legislative body of a local agency with the authority to use special ta�es pursuant to the Mello-Roos Community Facilities Act of 1982 to finance the installation of water consen�ation improvements that are attached to residentiaL commercial, industrial, or other proper[y;" and WHEREAS, the Cit}� Council has determined that establishing such community facilities district is consistent with and follows the local goals and policies concerning the use of the Act that have been adopted by the City Council and are now in effect; and WHEREAS, the Cit}� Council is fully advised in this matter. NOW, THEREFORE, BE IT RESOLVLD by the City Council of the City of Chula Vista. as follo�i�s: Section 1. The City Council intends, and hereby proposes, to establish a community facilities district in accordance with section 533281 of the Act, to be known and designated as `'Community Facilities District No. 2013-1 (Clean Energy Program), City of Chula Vista, County of San Diego, State of California' (the "Commm�ity Facilities District'). Section 2. As authorized by section 53328.1 of the Act, the Community Facilities District will initially contain only territory proposed for annexation to the Community Facilities District in the future (the '`Territory"). The Territory includes the entire current jurisdictional boundaries of the Cit}� and is more particularly described and shoNn on a map entitled `'Proposed Boundaries of Territory Proposed for Annexation in the Future to Community Facilities District No. 2013-1 (Clean Energy Program), City of Chula Vista, County of San Diego. State of Califomia'' no�i�on file in the office of the City Clerk (the "Clerk"); which map is hereby approved by the City Council. A reduced copy of the map is attached to this resolution as Eahibit A. The City Council finds that tlie map is in Uie fomi and contains the matters prescribed by section 3ll0 of the Califomia Streets and Hi�hways Code. The City Council 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 County of San Diego in accordance with section 3111 of the California Streets and I-Iighways Code. Resolution No. 2013-226 Paee 3 Section 3. The Cit�� Council intends. in accordance H�ith the Act, to facilitate the financing on a parcel-bv-parcel basis of the acquisition, installation, and impro��ement of the Authorized Improvements shoHm on Exhibit B to this resolution as may be approved, in any particular instance, bv the Citv or the City's authorized proeram administrator. Section 4. The Cit�� Council herebv finds that an�� propert�� induded ��ithin the Territon� that is currentl}� de��oted primaril}� to aericultural, timber, or li��estock uses and being used for the commercial production of agricultural; timber. or livestock products w�ill. if anne�ed into the Communitv Facilities District, nonetheless benefit bv the Authorized Improvements. Section �. The Citv Council hereb�� declares that the public convenience and necessit}� require that a debt (as defined in the Act and herein "debr`) be incurred to finance the cost of the Authorized Impro��ements. The cost of financine the acquisition, installation, and improvement of the Authorized Improvements includes all e�penses incidental to the acquisition, installation and impro��ement, includine but not limited to the follo�+ine: the costs of plannins and designine the Authorized Improvements; toeether with the costs of any em�ironmental evaluations thereof; a proportionate share of the costs associated ���ith the creation of the Communitv Facilities District, the incurrence of an}� debt and the makine of financine arrangements, the determination of the amount of anv special ta�es, or the collection or payment of anv special ta�es; and any costs othen��ise incurred to cam� out the authorized purposes of the Communit�� Facilities District. A representative list of incidental expenses proposed to be incurred is set forth on Ezhibit C to this resolution. Section 6. The Cim Council intends (a) that a pazcel within the Territon� ma}� be anne�ed to the Community Facilities District and subjected to the special taK only ti�ith the unanimous N�ritten appro��al of the o��mer or o��ners of the parcel when it is annexed (the "Unanimous Appro��al Agreemenr`); (b) that the rate of special taY for each parcel �aill be established in an amount required to finance or refinance (including the pa��ment of interest and the fundin2 and replenishment of any resen�e fund for debt) the Authorized Improvements approved for the parcel and to pay the parcel's appropriate share of the Communiri� Facilities District's administrati��e espenses; (c) that the masimum annual rate, method of apportionment, and manner of collection of the special ta� ���ill be specified in the Unanimous Appro��al Agreement for each parcel; (d) that the ma�:imum principai amount of the debt to be incurred to finance or refinance the Authorized Improvements for the parcel �vill be the amount approved in the Unanimous Appro��al Agreement for each parcel; and (e) that the special-tat re��enues ma�� also be used to repa}� the appropriate portion of an}� funds the City advances for the Communit}� Facilities District and to repay under any agreement (���hich ���ill not constitute a City debt or liabilih�) any advances of funds or reimbursement for the lesser of the ��alue or cost of���ork in- kind provided by any person for the purposes of the Community Facilities District. Resolution No. 2013-226 Page 4 Section 7. Upon recordation of a Notice of Special Taa Lien in accordance with sections 53328.1(a)(4) and 53328..i of the Act and section 3114.5 of the California Streets and Highways Code. a continuine lien to secure each levy of the special tax will attach to each parcel annexed to the Community Facilities District, and this lien will continue in effect until the specia]-tas obligation is prepaid and pern�anently satisfied and the lien is cancelled in accordance �+�ith law or until the City no longer levies the special tas. The method of prepayment of the special-tax obligation; if any; �vill be as set forih in the Unanimous Approval Agreement. Section 8. The City Council intends that the proposed special ta� ���ill be collected through the regular secured property-tax bills for the Countv of San Diego. The City Council further intends that the proposed special tax will be subject to the same enforcement mechanism and the same penalties and interest for late payment as regular ad valorem property taaes, although the City Council reserves the right, but has no obligation hereunder, to use any other la�+�ful means of billing, collecting, and enforcing the special tas, induding direct billing, supplemental billing, and, ���hen lati�fully available,judicial foreclosure of the special-tax lien. Section 9. As required by the Act, (a) the maximum authorized special taY for financing the acquisition, installation, and improvement of the Authorized Impro��ements that may be levied against any parcel used for private residential purposes (which use begins when a certificate of occupancy or final inspection for private residential use is issued) will be specified as a dollar amount and may not increase by more than 2% each year; (b) the special tax may not be levied against such a parcel after the last tax date set forth in the Unanimous Approval Agreement; and (c) the special ta� may not be increased on such a parcel, as a consequence of delinquency or default by the o�emer of any other parcel or parcels within the Community Facilities District, by more than 10% or by the amount specified in the Unanimous Approval Agreement, whichever is less. Section ]0. In accordance with sections 53325.7 and 53328.1(a)(2) ofthe Act, the City Council intends to establish the appropriations limit (as defined by section 8(h) of Article X111B of the Califomia Constitution) for the Community Facilities District for the 2013- 2014 fiscal year and for subsequent fisca] years as the sum of the amounts stated as the appropriations limit in each approved Unanimous Approval Agreement. The amount contributing to�i�ard the appropriations limit of the Community Facilities District in each Unanimous Approval Agreement will be subject to adjustment rollowing the fiscal year in which the Unanimous Approval Agreement is fully eaecuted, as provided in section 53325.7 of the Act. Section 11. At 2:00 p.�n. on Tuesday, December 10, 2013, in the regular meeting place of the City CounciL Council Chambers, City Hall — Building A, 276 Fourth Avenue, Chula Vista; California 91910, the City Council will hold a public hearing to consider the establishment of the Communit}� Facilities District, the designation of Authorized Impro��ements; the specification of the Territory, the incurrence of debt to finance and refinance the Authorized [mprovements, and all other matters as set forth in this resolution. At the public hearing, any persons interested may appear and be heard, and the testimony of all interested persons for or against the establishment of the Community Facilities District, the specification of Authorized Improvements, the estent of the Territory, the establishment of the appropriations limit, the incurrence of debt to finance or refinance the Authorized Improvements; or any other matter set forth in this resolution �i�ill be heard and considered. Resolution No. 2013-226 Pase � Section 12. An�� protests to the proposals in this resolution mav be made oralh� or in «Titing b} any interested persons, ezcept that any protests pertainins to the regularim or sufficiencv of these proceedings must be in «riting and must clearl}� set forth the irreeularities and defects to w�hich objection is made. The Cin� Council mav ���aive an�� irregularities in the form or content of am� «ritten protest and at the public hearing ma}� correct minor defects in the proceedines. An}� NTitten protest not personallv presented at the public hearine b} the author of the protest must be filed ���ith the Clerk at or before the time fixed for the public hearine in order to be received a�d considered. An}� �i�ritten protest may be withdra�ti�n in ���riting at any time before the conclusion of the public hearing. Section li. Afrer the condusion of the public hearine, if «�itten protests bv �0% or more of the reeistered �oters residing and registered ���ithin the Territon� have been filed and not withdraNm, or if �Titten protests have been filed and not ���ithdraNn bv the oumers of one-half or more of the land azea that is ���ithin the Territon� and not exempt from the special ta�, then no further proceedines to form the Community Facilities District ma�� be undertaken for at least one yeaz from the date oFthe Cin Council`s determination that a majority protest e�ists. If the majority protest is only against the furnishing of a specified t}�pe or n�pes of Authorized Improvements, or against le�rying a specified special ta�; or against any aspect of the incurrence of debt, then onl}� those elements need be eliminated from the proceedines. Section 14. The public hearing may be continued from time to time but must be completed ���ithin 30 days. If, ho�ve��ec the Cih� Council finds that the complesit}� of the Communin� Facilities District or the need for public participation requires additional time, then the public hearing may be continued from time to time for a period not to exceed sii months. Section 1�. At the public hearine, the Cit}� Council mav modif�� this resolution by eliminating an�� of the Authorized Improvements, by reducing the Temtor��, or by mal:ine am� other chanees that reduce the authorizations proposed b}� this resolution. Section 16. At the conclusion of the public hearing, the Cit�� Council ma}� abandon these proceedings or ma��, afrer passing upon all protests. determine to proceed ���ith establishing the Community Facilities District and the incurrence of debt., If the City Council determines to proceed w�ith establishment and incurrence of debt, then the election procedure �i�ill consist of the execution of Unanimous Appro��al Agreements as provided in sections �3328.1, 53329.6 and 53355.5 of[he Act. Section 17. The City Manager or such officers designee is hereby directed to study the Communih� Facilities District and. at or before the time of the public hearine, to cause to be prepared and filed ���ith the Clerk a report that contains the following: copies of Exhibits B and C to Ihis resolution, a recommended form of Unanimous Approval Agreement recommendations for appropriate procedures and criteria for processine and evaluatine applications for participation and inclusion in the Community Facilities District from the owrers of propem� ���ithin the Temtory. and an estimate of the related incidental expenses. The Clerk shall submit the report to the Cit�� Council for revie�ti� and shall mal:e it a��ailable for inspection by the public. In addition, the Clerk shali mal:e the report part of the record of the public hearing. The Cit�� Manager ma�� retain consultants to prepare the report. Resolution No. 201�-226 Page 6 Section 18. The Clerk shall give notice of thc time and place of the public hearing by publishing a Notice of Public Hearing in the form required by the Act once in a newspaper of eeneral circulation published in the area of the Community Facilities District, in accordance with section 6061 of the Califomia Government Code, and publication must be completed at least seven days before the date of the hearing. Section 19. This resolution shall take effect immediately upon its passage and adoption. Presented by Approved as to form � i� Ri ard A. opkin len R. ogins Director of Public orks Att ey PASSED, APPROVED, and ADOPTED by the City Council of the Cit}� of Chula Vista, Califomia, this Sth day of November 2013 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Sa]as and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, Ma r ATTEST: k� / � J�O/1Je�b Donna R. Norris, MC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) 1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-226 �i�as duly passed, approved, and adopted by the City Council at a special meeting of the Chula Vista City Council held on the Sth day of November 2013. Executed this Sth day of November 2013. /1� �, �'�itiJi.-� Donna R. Norris, CM , City Clerk Resolution 1�'0. 2013-226 Pa�e 7 .t'*��'`` _ i �1 / �• 1 � I\ j` 4 i � \ 4 �..�-.' �-. 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C __: ?�ECS'y� �Z• n °E�.�'. C � i �_F' a :3 � � �I �� t _C_ Y'" ❑ o `� � Enk==Fl t` Vl�n �` W p II � . £al E��e�� F ��� � � W •I ? 'Z! J L Resolution \'o. 2013-226 Page 8 EJ�HIBIT B COr��ILTITl FACILITIES DISTRICT NO. 2013-1 (CLE_�� Er�ERGl' PROGR�.��; CITI' OF CHiiL.A \%ISTA; COU'IvTY OF S_4Iv DIEGO, STATE OF CALIFORI�ZA LIST OF �1UTHORIZED IAZPROV�DgNTS 1. Ener�� Efficienc�� Improvements • Air sealine and ��entilation • Air filtration • Buildin� envelope • Duct leakaee and sealine • Bathroom. ceiline, attic.�and �ti�hole-house fans • Insulation y • Defect correction • Attic. floor. ��alls. roof. ducts • �'�'eather-stripping • Sealine • Geothermal eachanee heat pumps • HVAC s��stems -� • E��aporati��e coolers (coolers must ha�e a sepazate ducting s}°stem from ducting for air-conditioning systems and heatine s��stems) • 1�'ahual-eas-storaee �;�ater heater V • Tank-less ��ater heater • Solaz-��ater-heater svstem • Reflective insulation or radiant barriers • Cool roof • �'��indo���s and glass doors (U ��alue of 0.40 oi less and solar-heat-eain coefficient of 0.40 or less) • �4'indo���filming • Skvli2hts • Solar tubes • Additional buildine openings to provide addition naturai light • Lishtine (fisture retrofiu onl�) • Pool equipment (circulatin�pumps, etc.) 2. Other Non-residential Building Impro��ements • Occupancy-sensor lightins fiatures • Sn�I.4RT pazkin�lot bi-level fiature • SMART pazking-garaQe bi-level fiatures • Sn4ART path���aV liehtin� • SD4ART N�all-pack fiarures • Task ambient office liahtin2 • Classroom liehtine • Refrigerator case LED liohting with occupanc� sensors 4' Resolution No. 201;-226 Page 9 • Vlireless davliRht-liehtina controls • Kitchen e�aust variable air-volume controls • R�ireless HVAC conuols &: fault detection 3. Photo��oltaic and Solar-Thermal Equipment • Solar therma] hot-���ater svstems • Solaz thermal systems for pool heating • Photovoltaic s}�stems (elecuicit}�) • Emerging technologies 4. «'ater Consen-ation Impro��ements • Faucet aerators • Core-plumbing s}�stems - ' • Gray-water systems • Instantaneous hot-���ater heaters • Recirculation hot-�vater s}�stems • Demand initiated hot-�,�ater systems • Hot-water pipe insulation • Irrigation-control systems • Imeation svstems • Rain���ater cisterns • Lo��-flow sho��erheads • High-efficiency toilets • Demand «�ater softeners • Whole-house water-maiufold systems The following �vater conservation improvements are appro��ed for non-residential applications: • Cooling-condensate reuse • Cooling-to�e-er conductivity controllers • Deionization.equipment • Filter upgrades • Foundation drain ���ater • Industria]-process ���ater-use reduction • Pre-rinse spray valves • Recvcled �eater sources • Urinals • Waterless urinals 5. Custom Impro��ements The program administrator can evaluate and approve financing for Authorized Improvements that are not "off tl�e sl�elf' ("Custom Improveinents"). Custom lmprovements may in��oh�e large-scale industrial or convnercial energy-efficiencp impro��ements; processine or - industrial mechanical systems; and rene�i�able energy-generation from sources such as � Resolution ivo. 2013-226 Page ]0 geothermal and fuel cells. Custom Improvements that w�ill be considered for fundinQ include the follo�j ina: • Buildina enere�•-manasement controls • I-�%AC duct zonine-control s��stems • Irri�ation pumps and controls • Lishtine concrols • Industrial- and process-equipment motors and controls • Fuel cells • ���ind-turbine po„�er s}stems • I�ratural eas • HvdroQen fuel • Other fuel sources (emer�inQ tectuiolo�ies) • Co-Qeneration (heat and energ}�) , Resolution No. 2013-226 Page 11 El'HIBIT C CO?��A4i1TTITI'F.ACILITIES DISTRICT NO. 2013-1 (CLEAN ENERGI' PROGRAI�4), CITI' OF CHULA VISTA; COUT'T1' OF S.��T DIEGO; STATE OF CAIffOR�TLA REPRESENTATIVE LISTING OF INCIDE�T.aI. EXPE\SES �1�D FIN�\�CING COSTS The followine incidenta] expenses may be incurred in the proposed leeal proceedinQs to establish and implement the Communinr Facilities District and mav be payable from proceeds of debt or other financine or directlti� from the proceeds of the special taa: • Fees and costs of special-ta.� consultants • Costs of review; oversieht. and administration b�� Cin� staff_ _ • Fees and cosu of counsel • Fees and costs of fmancial advisors • Fees and costs of special-tax administrators • Fees and costs of appraisers and similaz consultants • Fees and costs of financina and debt admuustration • The cost of publishine; mailing, and posting of notices • Recordine fees • Unden�rirer`s discount i • Resen e funds for anv debt - • Capitalized interest • Go��emmental notification and filin� fees • Credit-enhancement costs • Ratine-asencv fees and cosu • Fees and costs for continuine-disclosure ser�ices • Third-part}� administrator costs The expenses of c�rtain recurring services pertaining to the Communin Facilities District mav be included in each annual special-tax le�ry. The foreQoing enumeration is not e�clusi�e. Other incidental expenses of a like nature ma}° be incurred�from time to tune "-ith respect to the Communin� Facilities District; and those other expenses ���ill also be pa}able from proceeds of debt or other financina or directiv from the proceeds of the special tas.