HomeMy WebLinkAboutCC RES 13-78RESOLUTION NO. 13 -78
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, CONSENTING TO THE INCLUSION OF
PROPERTIES WITHIN THE 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 AND APPROVING
THE AMENDMENT TO A CERTAIN JOINT POWERS
AGREEMENT RELATED THERETO
WHEREAS, the Western Riverside Council of Governments ( "Authority') is a joint
exercise of powers authority established pursuant to the Chapter 5 of Division 7, Title 1
of the Government Code of the State of California (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, Authority intends to establish 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, City of Tustin (the "City ") is committed to development of renewable
energy sources and energy efficiency improvements, reduction of greenhouse gases,
protection of our environment, and reversal of climate change; 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 Authority in order to efficiently and economically assist property owners the City in
financing such Improvements; and
' WHEREAS, Authority has authority to establish the California HERO Program,
which will be such a voluntary contractual assessment program, as permitted by the
Resolution 13 -78
Page 1 of 3
Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to '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 Tustin 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 Authority and the City, a copy of which is
attached as Exhibit "A" hereto, to assist property owners within the incorporate area of
the City in financing the cost of installing Improvements; and
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 THAT:
1. The City Council finds and declares that properties in the City's
incorporated area will be benefited by the availability of the California
HERO Program to finance the installation of Improvements.
2. This 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 Authority for the purposes thereof.
3. The consent of this City Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the California HERO Program
and authorizes 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. This City Council hereby approves the JPA Amendment and authorizes
the execution thereof by appropriate City officials.
5. City staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the California HERO Program within the City, and
report back periodically to this 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.
Resolution 13 -78
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PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the 3rd day of September 2013.
ELWYN
Mayor
ATTEST:
C--y6
PARKER,
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, JEFFREY C. PARKER, City Clerk and ex- officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No. 13 -78
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 3`d day of September, 2013, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
WAM
PARKER,
Resolution 13 -78
Page 3 of 3
Murray. Puckett, Nielsen, Gomez, Bernstein
Norte
(5)
(0)
(0)
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