Resolution - 2013-46RESOLUTION NO.2013-46
A RESOLUTION OF THE CITY•COUNCIL OF THE CITY OF THE CITY
OF WEST COVINA, 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 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 West Covina (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 in the City in financing such
Improvements; and
WHEREAS, Authority has authority to establish the California HERO Program, which
will be 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originally made and entered into April 1, 1991, as amended to date, and the Amendment to Joint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 West Covina 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 incorporated 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. This 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, incompliance 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 the City Manager.
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.
APPROVED AND ADOPTED on this 2"d day of July 2013.
ATTEST:
City Clerk LaurieCarrico
I, LAURIE CARRICO, CITY CLERK of the City of West_Covina, California, do hereby certify
that the foregoing resolution was duly adopted by the City Council of the City of West Covina,
California, at a regular meeting held thereof on the 2°d. day of July 2013 by the following vote of
the City_ Council:
AYES: Herfert, McIntyre, Sotelo, Sykes, Sanderson
NOES: None 1
ABSENT: None _
ABSTAIN: None
City Clerk: aurie Carrico
APPROVED AS TO FORM:
C' Attorney Arnold Alvarez-Glasinan