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HomeMy WebLinkAbout13-109A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE DECLARING kT5 INTENTION TO ESTABLISH THE COUNTY OF BUTTE COMMUNITY FACILITIES DISTRICT NO. 2013-1 (CLEAN ENERGY PROGRAM) AND TO LEVY SPECIAL TAXES THEREIN TO FINANCE OR REFINANCE THE ACQUISITION, INSTALLATION, AND IMPROVEMENT OF ENERGY EFFICIENCY, WATER CONSERVATION, AND RENEWABLE ENERGY kMPROVEMENTS PERMANENTLY AFFIXED TO OR ON REAL PROPERTY OR IN BUILDINGS WHEREAS, the Board of Supervisors (the "Board") of the County of Butte the "County") has duly considered the advisability and necessity of establishing a community facilities district within the County's jurisdictional boundaries and levying special taxes therein to finance the acquisition, installation, and improvement of energy efficiency, water conservation, and renewable energy improvements permanently affixed to ar on real property and in buildings, whether the real property or buildings are privately or publicly owned (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 "Act"J as set forth in chapter 2.5 (beginning with section 53311) of part 1 in division 2 of title 5 of the California Government Code; and WHEREAS, in section 8 of Senate Bill No. 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 environment of the state, and that 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. California has a tradition of environmental leadership 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 Legislature 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-Baas Community Facilities Act of 1982 to finance the installation of energy efficiency and renewable energy improvements that are affixed, as specified in Section 660 of the Civil Code, to residential, commercial, industrial, or other property. "The Legislature further finds and declares that the growing population, climate change, and the need to protect and grow California's economy while protecting and restoring our fish and wildlife habitats make it essential that the state manage its water resources as efficiently as possible. Section 2 of Article X of the California Constitution declares: "It is hereby declared that because of the conditions prevailing 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 ar unreasonable use ar unreasonable method of use of water be prevented, and that the conservation of those waters is to be exercised with a view to the reasonable and beneficial use thereof in the interest of the people and for the public welfare." Former Governor 5chwarzenegger, in his Executive Order 5-06-08, proclaimed a condition of statewide drought and ordered implementation of additional actions to promote water conservation which will contribute to achieving long-term reductions in water use. Former Governor 5chwarzenegger called fora 20-percent per capita reduction in urban water use statewide by the year 2020. Reduced water use through conservation provides significant energy and environmental benefits, and can help protect water quality, improve streamflows, and reduce greenhouse gas emissions. There are many water 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 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 the installation of water conservation improvements that are attached to residential, commercial, industrial, or other property;" and WHEREAS, the Board 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 Board and are now in effect; and WHEREAS, the Board is fully advised in this matter. NOW, THEREFORE, the County of Butte resolves the following: Section 1. The Board intends, and hereby proposes, to establish a community facilities district in accordance with section 53328.1 of the Act, to be known and designated as "County of Butte Community Facilities District IVo. 2013-1 (Clean Energy ProgramJ" (the "Community Facilities District"J. 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 County and is more particularly described and shown on a map entitled "Proposed Boundaries of Territory Proposed for Annexation in the Future to County of Butte Community Facilities District No. 2Q13-1 (Clean Energy Program)" now an file in the office of the Clerk of the Board (the "Clerk"), which map is hereby approved by the Board. A reduced copy of the map is attached to this resolution as Exhibit A. The Board finds that the map is in the form and contains the matters prescribed by section 3110 of the California Streets and Highways Code. The Board 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 with the County Recorder of the County in accordance with section 3113. of the California Streets and Highways Code. The Territory includes territory within the jurisdictional boundaries of certain cities located within the jurisdictional boundaries of the County. Any portion of the Territory located within the jurisdictional boundaries of any incorporated city shall only be annexed to the Community Facilities District after the consent of the legislative body of such city has been provided as required by Section 53315.8 of the Act. Section 3. The Board intends, in accordance with the Act, to facilitate the financing on aparcel-by-parcel basis of the acquisition, installation, and improvement of the Authorized improvements shown on Exhibit B to this resolution as may be approved, in any particular instance, by the County or the County's authorized program administrator. Section 4. The Board hereby finds that any property included within the Territory that is currently in agricultural use will, if annexed into the Community Facilities District, nonetheless benefit by the Authorized Improvements. Section 5. The Board hereby declares that the public convenience and necessity require that a debt (as defined in the Act and herein "debt"J be incurred to finance the cost of the Authorized Improvements. The cost of financing the acquisition, installation, and improvement of the Authorized Improvements 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 the costs of any environmental evaluations thereof; a proportionate share of the costs associated with the creation of the Community Facilities District, the incurrence of any debt and the making of financing arrangements, the determination 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 EXlliblt C t0 tills re501utlOn. Section 6. The Board 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 Approval Agreement"); (b) that the rate of special tax for each pane! will 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 share of the Community Facilities District's administrative expenses; (c) that the maximum annual rate, method of apportionment, and manner of collection of the special tax will be specified in the Unanimous Approval Agreement for each parcel; (d) that the maximum principal amount of the debt to be incurred to finance ar refinance the Authorized Improvements for the parcel will be the amount approved in the Unanimous Approval Agreement for each parcel; and (e) that the special-tax revenues may also be used to repay the appropriate portion of any funds the County advances for the Community Facilities District and to repay under any agreement (which will not constitute a County debt or liability] any advances of funds ar reimbursement for the lesser of the value or cost of work in-kind provided by any person for the purposes of the Community Facilities District. Section 7. Upon recordation of a Notice of Special Tax Lien in accordance with sections 53328.1(a)(4) and 53328.3 of the Act and section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax wil! attach to each parcel annexed to the Community Facilities District, and this lien will continue in effect until the special-tax obligation is prepaid and permanently satisfied and the lien is cancelled in accordance with law or until the County no longer levies the special tax. The method of prepayment of the special-tax obligation, if any, will be asset forth in the Unanimous Approval Agreement. Section 8. The Board intends that the proposed special tax will be collected through the regular secured property-tax bills for the County. The Board 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 taxes, although the Board reserves the right, but has no obligation hereunder, to use any other lawful means of billing, collecting, and enforcing the special tax, including direct billing, supplemental billing, and, when lawfully available, judicial foreclosure of the special-tax lien. Upon the County assigning the right to receive speciaf tax revenues and foreclosure rights to Ygrene, Ygrene will assume responsibility for resolving delinquencies. Section 9. As required by the Act, (a) the maximum authorized special tax fnr financing the acquisition, installation, and improvement of the Authorized Improvements 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 tax may not be increased on such a parcel, as a consequence of delinquency or default by the owner 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 10. In accordance with sections 53325.7 and 53328.1(x)(2) of the Act, the Board intends to establish the appropriations limit (as defined by section 8(h] of Article XIIIB of the California Constitution) for the Community Facilities 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 Community Facilities District in each Unanimous Approval Agreement will be subject to adjustment following the fiscal year in which the Unanimous Approval Agreement is fully executed, as provided in section 53325.7 of the Act. Section 11. At 9:30 a.m. on Tuesday, September 24, 2013, in the regular meeting place of the Board, Board of Supervisors Chambers, 25 County Center Drive, Oroville, California 95965, the Board will hold a public hearing to consider the establishment of the Community Facilities bistrict, the designation of Authorized Improvements, the specification of the Territory, the incurrence of debt to finance and refinance the Authorized Improvements, 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 extent of the Territory, the establishment of the appropriations limit, the incurrence of debt to finance or refinance the Authorized Improvements, ar any other matter set forth in this resolution will be heard and considered. Section 12. Any protests to the proposals in this resolution may be made orally or in writing by any interested persons, except that any protests pertaining to the regularity ar sufficiency of these proceedings must be in writing and must clearly set forth the irregularities and defects to which objection is made. The Board may waive any irregularities in the form or content of any written protest and at the public hearing may correct minor defects in the proceedings. Any written protest not personally presented at the public hearing by the author of the protest must be filled with the Clerk at ar before the time fixed for the public hearing in order to be received and considered. Any written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Section 13. After the conclusion of the public hearing, if written protests by 50% or more of the registered voters residing and registered within the Territory have been filed and not withdrawn, or if written protests have been filed and not withdrawn by the owners of one-half or more of the land area that is within the Territory and not exempt from the special tax, then no further proceedings to farm the Community Facilities District may be undertaken far at least one year from the date of the Board's determination that a majority protest exists. If the majority protest is only against the furnishing of a specified type 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 proceedings. Section 14. The public hearing may be continued from time to time but must be completed within 30 days. If, however, the Board 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 time to time for a period not to exceed six months. Section 1S. At the public hearing, the Board may modify this resolution by eliminating any of the Authorized Improvements, by reducing the Territory, or by making any other changes that reduce the authorizations proposed by this resolution. Section 16. At the conclusion of the public hearing, the Board may abandon these proceedings or may, after passing upon all protests, determine to proceed with establishing the Community Facilities District and the incurrence of debt. If the Board determines to proceed with establishment and incurrence of debt, then the election procedure will Consist of the execution of Unanimous Approval Agreements as provided in sections 5332$.1, 53329.6 and 53355.5 of the Act. Section 17. The County's Chief Administrative Officer or such officer's designee (the "CAO") is hereby directed to study the Community Facilities District and, at or before the time of the public hearing, to cause to be prepared and filed with the Clerk a report that contains the following: Copies of Exhibits B and C to this resolution, a recommended form of Unanimous Approval Agreement, recommendations for appropriate procedures and criteria far processing and evaluating applications for participation and intlusion in the Community Facilities District from the owners of property within the Territory, and an estimate of the related incidental expenses. The Glerk shall submit the report to the Board for review and shall make it available for inspection by the public. In addition, the Clerk shall make the report part of the record of the public hearing. The CAO may retain consultants to prepare the report. Section 1$. The Clerk shall give notice of the time and place of the public hearing by publishing a Notice of Public Hearing in the form required by the Act once in TrdE ENTERPRISE RECORD, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with section 6061 of the California Government Code, and publication must be completed at least seven days before the date of the hearing. Section 19. Nothing in this resolution shall override or conflict with any ordinance or County policy presently in effect. Section 20. This resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED by the Butte County Board of Supervisors this 13th day of August 2013 by the following vote: AYES: Supervisors Wahl, Kirk, Lambert, Teeter and Chair Connelly NOES: None ABSENT: None NOT VOTING: None ATTEST: Paul ah~f;'0'hief ~ Cle ofhhe Board nistrative Officer a Supervisors BILL CONNELLY, Chair Butte County Board of Supervisors Exhibit A PROPOSED BOUNDARIES OF TERRITORY PROPOSED FOR ANNEXATION IN THE FUTURE TO COUNTY OF BUTTE COMMUNITY FACILITIES DISTRICT N0. 2D13-1 (CLEAN ENERGY PROGRAM CLERKS MAP FILING STATEMENT FILED IN THE OFfICE OF THE CLERK OF THE BOARD OF SUPERVISORS COUNTY OF BUTTE, STATE OF CALIFORNIA, THIS DAYOF,„ .2013 CLERK OF THE BOARD SUPERVISORS COUNTY OF BUTTE, CALIFORNIA FUTUR€ ANNEXATION AREA - ALLTERRITORYWITHIN TH€ 32 COUNTY OF BUTTE: TERRITORY WITHIN SHADED INCORPORATED AREAS TO BE ANNEXED / TD THE DISTRICT ONLY AFTER CONSENT OF / THE LEGISLATIVE BODY OF SUCH INCORPORATED AREAS a COUNTY RECORDER'S FILING STATEMENT FILED ON THIS _ DAY OF 2013 AT THE HOUR OF _ O'CLOCK ~ IN BODK _ OF Legend MAP OF ASSESSMENT DISTRICTS AND COMMUNITY FAICLITIES DISTRICTS A7 PAGE _ I N THE OFFICE OF TH E COUNTY ®CF^ -Future Annexation Area RECORDER OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA. CANDACEI.GRU685 IT1COfpOfatedArCa3 COUN7YCLERK-RECORDER Roads COUNTY OF BUTTE, CALIFORNIA ~~ State Hwys pEPUTY - Majar FILE:- CLERK'S MAP STATEMENT I HEREBY STATE THAT THE MAP, SHO W I NG PROPOSED BOUNDARIES OF TERRITORY PROPOSED FOR ANNEXATION IN THE FUTURE 70 THE COUNTY OF BUTTE COMMUNITY FACILITIES DISTRICT ND. 2013-1 (CLEAN ENERGY PROGRAM) COUNTY OF BUTTE, STATE OF CALIFORNIA, WAS APPROVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE AT A REGU LAR MEETENG THEREOF HELD ON THE _ DAY OF 2013 BY ITS RESOLUTION NO. CLERK OF BOARD OF SUPERVISORS COVNTY DF BUTTE, CALIFORNIA N wr: 5 D 2.5 5 7-5 1 D Miles Butte Gaunty GIS Project Flle, iprajeatsWepadmentsladminlslralion5 C o mm u n Ry_Fad lities_b~ st n cf Printed: July 2013 EXHIBIT B COUNTY OF BUTTE COMMUNITY FACILITIES DISTRICT NO. 2013-1 {CLEAN ENERGY PROGRAM) LIST OF AUTHORIZED IMPROVEMENTS 1. Energy Efficiency Improvements • Air sealing and ventilation • Air filtration • Building envelope • Duct leakage and sealing • Bathroom, ceiling, attic, and whole-house fans • Insulation • Defect correction • Attic, floor, walls, roof, ducts • Weather-stripping Sealing • Geothermal exchange heat pumps • HVAC systems • Evaporative coolers (coolers must have a separate ducting system from ducting for air-conditioning systems and heating systems} • Natural-gas-storage water heater • Tank-less water heater • Solar-water-heater system • Reflective insulation or radiant barriers • Cool roof • Windows and glass doors (U value of 0.40 or less and solar-heat-gain coefficient of 0.40 or less) • Window filming • Skylights • Solar tubes • Additional building openings to provide addition natural light • Lighting (fixture retrofits only) • Pool equipment {circulating pumps, etc.} 2. Other Non-residential Building Improvements • Occupancy-sensor Lighting fixtures • SMART parking-lot bi-level fixture • SMART parking-garage bi-level fixtures • SMART pathway lighting • SMART wall-pack fixtures • Task ambient office lighting • Classroom lighting ~-1 • Refrigerator case LED lighting with occupancy sensors • Wireless daylight-lighting controls • Kitchen exhaust variable air-volume controls • Wireless HVAC controls & fault detection 3. Photovoltaic and Solar-Therms! Equipment • Solar thermal hotWwater systems • Solar thermal systems for pool heating • Photovoltaic systems {electricity) • Emerging technologies 4. Water Conservation Improvements • Faucet aerators • Core-plumbing systems • Gray-water systems • Instantaneous hot-water heaters • Recirculation hot-water systems • Demand initiated hot-water systems • Hot-water pipe insulation • Irrigation-control systems • Irrigation systems • Rainwater cisterns • Low-flow showerheads • High-efficiency toilets • Demand water softeners • Whole-house water-manifold systerns The following water conservation improvements are approved for non-residential applications: • Cooling-condensate reuse • Cooling-tower conductivity controllers • Deionization equipment • Filter upgrades • Foundation drain water • Industrial-process water-use reduction • Pre-rinse spray valves • Recycled water sources • Urinals • Waterless urinals S. Custom Improvements The program administrator can evaluate and approve financing for Authorized Improvements that are not "off the shelfl' {"Custom Improvements"). Custom Improvements may involve large-scale industrial or commercial energy-efficiency improvements; processing or industrial mechanical systems; and renewable energy-generation from sources such as B-2 geothermal and fuel cells. Custom Improvements that will be considered for funding include the following: • Building energy-management controls • HVAC duct zoning-control systems • Irrigation pumps and controls • Lighting controls • Industrial- and process-equipment motors and controls • Fuel cells • Wind-turbine power systems • Natural gas • Hydrogen fuel • Other fuel sources (emerging technologies) • Co-generation (heat and energy) B-3 EXHIBIT C COUNTY OF BUTTE COMMUNITY FACILITIES DISTRICT NO. 2Q13-1 {CLEAN ENERGY PROGRAM} REPRESENTATIVE LISTING OF INCIDENTAL EXPENSES AND FINANCING COSTS The following incidental expenses may be incurred in the proposed legal proceedings to establish and implement the Community 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-tax consultants • Costs of review, oversight, and administration by County staff • Fees and costs of counsel • Fees and costs of financial advisors • Fees and costs of special-tax administrators Fees and costs of appraisers and similar consultants • Fees and costs of 1nancing and debt administration • The cost of publishing, mailing, and pasting of notices « Recording fees • Underwriter's discount • Reserve funds for any debt • Capitalized interest Governmental notification and filing fees • Credit-enhancement costs • Rating-agency fees and costs • Fees and costs far continuing-disclosure services • Third-party 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 with respect to the Community Facilities District, and those other expenses will also be payable from proceeds of debt or other financing or directly from the proceeds of the special tax. C-1