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HomeMy WebLinkAboutReso 2013-257 RESOLUTION NO. 2013-257 RESOLUTION OF THE CITY COUI�'CIL OF THE CITI' OF CHULA VISTA ESTABLISHII�'G COMMiJNITY FACILITIES D[STRICT NO. 20li-1 (CLEAI�' ENERGY PROGRAM), CITY OF CHLTLA V[STA. COUI�'TY OF SAI`' DIEGO. STATE OF CALIFORI�'IA AND PROVIDII�'G FOR THE LE\'Y OF A SPECIAL TAX THEREIN TO FII�'ANCE OR REFII�'AI�'CE THE ACQUISITION, II�'STALLATION, AND IMPROVEMENT OF ENERGY EFFICIE\'CY. V�'.ATER CONSERVATION. AND RENE\'�'ABLE ENERGY [MPROVEMENTS PERMANE\'TLl' AFFIXED TO OR ON REAL PROPERTY .AI�'D [N BUILDII�rGS: AI�'D AUTHORIZI\'G VALIDATION ACTION WHEREAS, on November �. 2013, the Cit�� Council (the "Cirv Council") of the City of Chula Vista (the "City") duly adopted Resolution No. 2013-226 (the "Resolution of Intentiod`) declaring its intent to establish a communit�� facilities district ���ithin the Cit}�'s jurisdictional boundaries in accordance ���ith the 1�4ello-Roos Communiri� Facilities Act of 1982. set forth in sections �3311 throueh �3368.3 of the California Government Code (the "Act"), and particulazl}� in accordance with sections �33li5(I) and 53328.1(a) (the "Districr'). The District is to be named "Communit�� Facilities District No. 2013-1 (Clean Enere}� Program), Cit�- of Chula Vista: Counn� of San Dieeo. State of Califomia ' and its purpose is to finance or refinance (including the payment of interest) the acquisition; installation, and impro��ement of enere}� efficiency. �vater consen�ation, and rene�aable energ}� improvements permanentl}� affised to pri��ateh� or publicly oNmed real propert}� (the "Authorized Improvements '); reference is made to the Resolution of Intention for further particulars and for additional defined terms; and WHEREAS, in the Resolution of Intention, the City Council approved the boundary map , showine the territory proposed for annexation to the District in the future (the ��Temtory"). in accordance ���ith section �3328.1(a) of the Act and Califomia Streets and High���a��s Code section 3110 (the "Boundary Map'); "�hich Boundan� Map is entitled "Proposed Boundaries of Temtory Proposed for Annexation in the Future to Communitv Facilities District No. 20li-1 (Clean Ener2y Program), City of Chula Vista, Count}� of San Diego; State of Califomia," is attached to the Resolution of Intention as Eshibit A and �+�as recorded on \iovember 19. 2013. in the Book of Maps of Assessment and Community Facilities Districts maintained bv the County Recorder of the County of San Dieeo in Book 44 at Page 34: and WHEREAS; the Resolution of Intention fixed 2:00 p.m. on Tuesday, December 10, 20li in the reeular meeting place of the City Council, Cit�� Council Chambers. Cih� Hall — Buildine A. 276 Fourth Avenue, Chula Vista, California 91910 as the time and place for the City Council to hold a public hearine (the "Public Hearine") to consider the establishment of the District the specification of Authorized Impro��ements, the extent of the Territon�, the establishment of the appropriations limit for the District, and all other matters set forth in the Resolution of Intention; and Resolution No. 2013-2�7 Page 2 WHEREAS, the Cit�� Manager of the City or such ofticer's designee (the '`City Mana�er") has submitted a report to the office of the Ciri� Clerk (the '`Clerk") as directed by the Resolution of Intention describing: the Authorized Improvements, the incidental, financin�, and administrative costs of the District; the rorm of the proposed Unanimous Approval Agreement; recommendations for appropriate procedures and criteria for processing and evaluating applications for participation and inclusion in the District from the otimers of property within the Territor}; and an estimate of the related incidenlal expenses (the "Hearing Report '), which Hearing Report is incorporated herein by this reference and made a part of the record of the Public Hearine: and WHEREAS; at or shortly after the time set for the Public Hearing the City Council conducted the Public Hearing and all persons interested, including all taxpayers, property o�vners, and registered voters within the Territory, were given an opporiunity to appear and to be heard, and the City Council heard and considered the testimony for and against the matters set forth in the Resolution of Intention; including the establishment of the District, the le��y of the special ta�, the extent of the Territory; the financing of any of the Authorized Improvements, and the establishment of the appropriations limit for the District; and WHEREAS; all registered voters residing ��-ithin the boundaries of the Territon�, and all o"�ners of land ���ithin the boundazies of the Territory, were allowed to submit written protests to any matter set forth in the Resolution of Intention and were permitted to withdraw their protests before the close of the Public Hearing; and WHEREAS; there is on file with the Clerk a proof of publication of the Notice of Public Hearing in the Star Ne�vs; and WHEREAS, the City Council also desires to authorize the City's special counsel, Orrick, Herrington & Sutcliffe LLP, ���orking �vith the City Attorney's office, to file a validation action on behalf of the City to seek a judgment of the San Diego County Superior Court that the special taa, contracts, obligations, or evidences of indebtedness arising out of ihe establishment and implementation of the District, and all matters, agreements, and procedures related thereto, are in all respects legal, valid, and binding; and WHEREAS, the City Council is fully adviscd in this matter; NOW. THEREFORE. BE IT RESOLVED BY TH� CITY COUNCIL OF THE CITY OF CHULA VISTA, AS FOLLOWS: Section 1. The above recitals are true and correct, and the City Council so finds and determines. Section 2. Except to the e�tent it is inconsistent �vith this resolution, the Resolution of (ntention is reaffirn�ed, and its provisions and findings are incorporated herein by this reference. Resolution No. 2013-2�7 Pa�e 3 Section 3. The Cit}� Council accepts the proof of publication of the I�'otice of Public Hearine and finds, based thereon. that proper notice of the Public Hearing has been given in accordance �+�ith the Act and that the Public Hearine ���as conducted tiith proper and leeal notice in all respects. Section 4. The Citv Council finds and determines that. at the close of the Public Hearin�; the ���ritten protests. if any, to am of the matters set forth in the Resolution of Intention—including the establishment of the District; the le���� of the special tas and the incurrence of debt (as defined in the Act); the extent of the Temtorv; the acquisition, construction, or installation of anv of the Authorized Improvements; and the establishment of the appropriations limit for the District—were submitted b�� less than �0 percent of the registered ��oters residing within the Territon� and b}� the o���ners of less than one-half of the azea of land in the Temtory. Thus, the City Council finds that it is not precluded b}� the Act from proceedine further in this matter, and it determines and orders that all protests to the matters set forth in the Resolution of Intention are herebv o��erruled. Section �. The Cit�� Council herebv establishes the District in accordance ���ith the Act and particulazlv in accordance «�ith sections �33li.�(1) and �3328.1(a). Section 6. The Cit�� Council orders (a) that a parcel ���ithin the Temtory may be annesed to the Community Facilities District and subjected to the special ta� onl}� ���ith the unanimous «Titten approval of the o���ner or o��mers of the parcel when it is annezed (the "Unanimous Approval Aereement"), ���hich, as pro��ided in section �3329.6 of the Act; shall constitute the election required b}� the California Constitution; (b) that the rate of special ta� for 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 the parcel and to pay the parcel's appropriate shaze of the District`s incidental: financing and administrative expenses; (c) that the maximum annual rate; method of apportionment, and manner of collection of the special tax must be specified in the Unanimous Approval Aereement for each parcel; (d) that the ma�imum principal amount of the debt to be incurred to finance or refinance the Authorized Impro��ements for the parcel will be the amount approved in the Unanimous Approval A�reement for each pazcel; and (e) that the special-ta� revenues ma}� also be used to repa}� the appropriate portion of anv funds the City advances for the District and to repay under any agreement (�vhich ���ill not constitute a City debt or liability) any advances of funds or reimbursement for the ]esser of the ealue or cost of�vork in-kind provided by any person for the purposes of the District. Section 7. Once a Unanimous Approval Aereement for one or more pazcels has been signed b}' all of the parcel o��mers and by the Cit}�, Cit�� staff are authorized and directed to record or cause to be recorded a I�'otice of Special Tax Lien against the parcels �ti�ith the Counh� Recorder of the Countv of San Dieeo in accordance ���ith section 3114.� of the Streets and Hiehwa�•s Code. Upon recordation of the Notice of Special Ta�; lien, a continuins lien to secure each le�ry of the special ta� ���ill attach to the affected parcels. 7�he lien ���ill continue in force until the special-ta3 obli�ation is prepaid and permanently satisfied and the lien canceled in accordance with la��� or until ]evv and collection of the taz ceases. Resolution No. 2013-2�7 Paoe 4 Section 8. The special taa is to be collected in the same manner as ordinar}� ad valorem property taxes are collected and is to be subject to the same penalties and the same procedure, sale, and lien priority in case of delinquency as aze provided for ad valorem taxes collected on the secured propert}�-tas roll of the County of San Diego, e�cept that the City Council hereby reserves the right to enforce the collection of delinquent special taxes through judicial foreclosure, including through the assignment of the ability to pursue judicial foreclosure as provided in the Act. Section 9. The Cit}� Manager, 276 Fourth Avenue, Chula Vista, California 91910 (telephone 619/691-50�1) or any officer or staff inember of the City succeeding to the duties of the City Manager; is designated to prepare or cause to be prepared annually the current roll of special-tas levy obligations for each parcel �i-ithin the District that is subject to the special tas and to estimate future special-tax levies. Section 10. The City Counci] hereby approves the form of Unanimous Approval Agreement contained in the Hearing Report and directs its use with such changes as the City Manager may appro��e afrer consultation �i�ith the City Attorney. The City Manager is hereby authorized to e�ecute one or more Unanimous Approval Agreements from time to time in substantially said form �i-ith such changes thereto as the City Manager may approve after consultation with the City Attomey. Section 11. The City Council hereby approves the form of Assignment Agreement contained in the Hearing Report and directs its use with such changes as the City Manager may approve afrer consultation ��ith the City Attorney. The City Manager is hereby authorized to execute one or more Assignment Agreements from time to time in substantially said form with such changes thereto as the City Manager may approve afrer consultation with the City Attorney. Section 12. In accordance with sections 53325.7 and 52238.1(a)(2) of the Act, the City Council hereby establishes the appropriations limit (as defined by section 8(h) of artide XIIIB of the Califomia Constitution) for the District for the 2013-2014 fiscal year and for subsequent fiscal years as the sum of the amounts stated as the appropriations limit in each approved Unanimous Approval Agreement. The amount contributing toward the appropriations limit of the District in each Unanimous Approval Agreement will be subject to adjustment fo11oH-ing the fiscal }�ear in N�hich the Unanimous Approval Agreement is fully subscribed, as provided in section �3325.7 of the Act. Section 13. The authorization to finance or refinance the acquisition, construction, and installation of Authorized Improvements covers all costs incidental to the acquisition, construction, and installation, including the costs of planning and design, the costs of any environmental evaluations, all costs associated with establishing the District and financing the Authorized [mprovements, the costs of determining the amount of special ta�es, the costs of collecting or paying the special taxes; and costs otheni�ise incurred to carry out the authorized purposes of the District. Resolution No. 2013-2�7 Paee � Section 14. The Citv Council finds and determines that all proceedines it has conducted and approved N�ith respect to the establishment of the District, up to and including the adoption of this resolution, aze valid and in conformin� ���ith the Act. As provided in the Act, this determination is fina] and conclusi��e for all purposes and is binding upon all persons. Section 15. The Citv's special counsel, Orrick. Hemn�on R Sutcliffe LLP; workine with the Cit}� Attome��'s office, is hereb�� authorized and directed to file and prosecute on the Cin�'s behalf; against all persons interested in the matter, a ci��il ��alidation action under Califomia Govemment Code sections �3�11 and �33Z8.1(c) and California Code of Ci��il Procedure section 860 and follo���ine. seel:ine a judgment of the San Diego County Superior Court that the special tax, contracts, oblieations. or evidences of indebtedness arising out of the establishment and implementation of the District, and all matters, agreemenu, and procedures related thereto. are in all respects legal; ��alid. and bindine. Section 16. This resolution shall take effect immediatel}� upon its passa2e and adoption. Presented bv Approved as to form --- - �� '' . , , Richazd . HopJ ms G en R. ogins Director of Pul�lic Works Ci e1� Resolution No. 2013-2�7 Page 6 PASSED, APPROVED. and ADOPTED by the City Council of the City of Chula Vista; California, this l Oth dav of December 2013 by the folloN�ing vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None V�h�-.��Q�' Cheryl Cox, or ATTEST: 0 Donna R. Norris, MC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Noms, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-257 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the l Oth day of December 2013. Executed this l Oth day of December 2013. ��-�W K�-�'L �b/�CJ� , Donna R. Norris, CMC, City Clerk .�.