HomeMy WebLinkAboutResolution - HERO ProgramRESOLUTION NO. 2014 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE
CITY OF NATIONAL CITY'S JURISDICTION IN THE CALIFORNIA HERO PROGRAM
TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES,
ENERGY AND WATER EFFICIENCY IMPROVEMENTS, AND ELECTRIC
VEHICLE CHARGING INFRASTRUCTURE, APPROVING THE AMENDMENT
TO THE JOINT POWERS AUTHORITY AGREEMENT, AND AUTHORIZING
THE MAYOR TO EXECUTE THE AMENDMENT TO THE AGREEMENT
WHEREAS, the Western Riverside Council of Governments (the "Authority") is a
joint exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the
California Government Code (Section 6500 and following) (the "Act") and the Joint Power
Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA");
and
WHEREAS, the Authority established the California HERO Program to provide
for the financing of renewable energy distributed generation sources, energy, and water
efficiency improvements, and electric vehicle charging infrastructure (the "Improvements")
pursuant to Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California
Streets and Highways Code ("Chapter 29") within counties and cities throughout the State of
California that elect to participate in such program; and
WHEREAS, the City of National City (the "City") is committed to development of
renewable energy sources and energy efficiency improvements, reduction of greenhouse
gases, and environmental protection; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to
assist property owners in financing the cost of installing Improvements through a voluntary
contractual assessment program; and
WHEREAS, installation of such Improvements by property owners within the
jurisdictional boundaries of the counties and cities that are participating in the California HERO
Program would promote the purposes cited above; and
WHEREAS, the City wishes to provide innovative solutions to its property owners
to achieve energy and water efficiency and independence, and in doing so cooperate with the
Authority in order to efficiently and economically assist property owners within the City in
financing such Improvements; and
WHEREAS, the Authority has established the California HERO Program, which
is a voluntary contractual assessment program, as permitted by the Act, the Authority JPA,
originally made and entered into April 1, 1991, as amended to date, and the Amendment to
Joint Powers Agreement Adding the City of National City as an Associate Member of the
Western Riverside Council of Governments to Permit the Provision of Property Assessed Clean
Energy (PACE) Program Services within the City (the "JPA Amendment"), by and between the
Authority and the City to assist property owners within the incorporated area of the City in
financing the cost of installing Improvements; and
Resolution No. 2014 —
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WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings, the levy and collection of assessments or any required remedial action in the case
of delinquencies in the payment of any assessments or the issuance, sale or administration of
any bonds issued in connection with the California HERO Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City as follows:
1. The City Council finds and declares that properties within the City's incorporated
area will be benefited by the availability of the California HERO Program to finance the
installation of Improvements.
2. The City Council consents to inclusion in the California HERO Program of all of
the properties in the incorporated area within the City and to the Improvements, upon the
request by and voluntary agreement of owners of such properties, in compliance with the laws,
rules and regulations applicable to such program; and to the assumption of jurisdiction
thereover by the Authority for the purposes thereof.
3. The consent of the City Council constitutes assent to the assumption of
jurisdiction by the Authority for all purposes of the California HERO Program, and authorizes the
Authority, upon satisfaction of the conditions imposed in this Resolution, to take each and every
step required for or suitable for financing the Improvements, including the levying, collecting,
and enforcement of the contractual assessments to finance the Improvements, and the
issuance and enforcement of bonds to represent and be secured by such contractual
assessments.
4. The City Council hereby approves the JPA Amendment and authorizes the
Mayor to execute the Amendment.
5. City staff is authorized to coordinate with the Authority staff to facilitate operation
of the California HERO Program within the City, and report back periodically to the City Council
on the success of such program.
6. This Resolution shall take effect immediately upon its adoption. The City Clerk is
directed to send a certified copy of this Resolution to the Secretary of the Authority Executive
Committee.
The City of National City may repeal this Resolution at any time, upon written notice to
Western Riverside Council of Governments, if it is determined that any facet of the California
HERO Program was misrepresented in a manner that places the City of National City at harm
legally or financially.
[ Signature Page to Follow]
Resolution No. 2014 —
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PASSED and ADOPTED this 19th day of August, 2014.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney