HomeMy WebLinkAbout2013 014 CC RESO Attachment 1
RESOLUTION NO. 2013-014
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK, 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 Baldwin Park (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 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
Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to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 Baldwin Park
as an Associate Member of the Western Riverside Council of Governments to Permit
it
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Resolution No. 2013-014 Page 2 of 3
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, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 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.
SECTION 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.
SECTION 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.
SECTION 4. This City Council hereby approves the JPA Amendment and
authorizes the execution thereof by appropriate City officials.
SECTION 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.
SECTION 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.
PASSED, APPROVED, AND ADOPTED this 5th day of June, 2013.
t4
MANU oZANO
MAYO
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Resolution No. 2013-014 Page 3 of 3
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Alejandra Avila, City Clerk of the City of Baldwin Park do hereby certify that the
foregoing Resolution No. 2013-014 was duly adopted by the City Council of the City of
Baldwin Park at a regular meeting thereof held on June 5, 2013 and that the same was
adopted by the following vote to wit:
Marlen Garcia, Mayor Pro Tern Monica Garcia,
AYES: COUNCIL MEMBERS: Mayor Manuel Lozano, Ricardo Pacheco, Susan Rubio
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ALEJ NUF�A AVILA
CITY CLERK