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R10780City Council Meeting: November 12, 2013 Santa Monica, California RESOLUTION NUMBER 10780 (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE INCORPORATED AREA OF THE CITY IN THE HERO PROGRAM AND TO AUTHORIZE THE CITY TO ENTER INTO AN AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT WITH THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS WHEREAS, Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act ") authorizes cities and counties to assist property owners in willingly financing the installation of distributed generation renewable energy sources and energy and water efficiency improvements (the 'Improvements ") that are permanently fixed to residential, commercial, industrial or other real property through a contractual assessment program; and 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) and the Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA "); and WHEREAS, Authority operates 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 within counties and cities throughout the State of California that elect to participate in the program; 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Program, which will be such a voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to date, and the Amendment to Joint Powers Agreement adding the City of Santa Monica as an Associate Member of the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 to assist property owners within the incorporated area of the City in financing the cost of installing Improvements; and WHEREAS, City of Santa Monica (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 the Act, 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 effectuate the City's environmental commitments; and `a WHEREAS, the City wishes to cooperate with Authority to efficiently and economically assist Santa Monica property owners in financing such Improvements; WHEREAS, the City will not be responsible for the conduct of any assessment proceedings, the levy and collection of assessments, any required remedial action in the case of delinquencies in the payment of any assessments, or the issuance, sale, repayment or administration of any bonds issued in connection with the California HERO Program. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The recitals set forth above are incorporated by reference. SECTION 2. 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 3. This City Council consents to: inclusion in the California HERO Program of all of the properties in the incorporated area within the City; 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. 43 SECTION 4. 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 5. The City Manager is authorized to negotiate and enter into a JPA Amendment for the City to become an associate member of the Joint Powers Agreement of the Western Riverside Council of Government. SECTION 6. 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 7. The City Clerk shall certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: XIczvvva�, k-e� MA SHA Jf� ES MO/ TRIE Cit (btfomoy �1 12 Adopted and approved this 12th day of November, 2013. A am O'Connor, Mayor I, Sarah P. Gorman, City Clerk of the City of Santa Monica, do hereby certify that the foregoing Resolution No. 10780 (CCS) was duly adopted at a meeting of the Santa Monica City Council held on the 12th day of November, 2013, by the following vote: AYES: Councilmembers: Davis, Holbrook, McKeown, Vazquez, Winterer Mayor O'Connor, Mayor Pro Tern O'Day NOES: Councilmember: None ABSENT: Councilmember: None ATTEST: 'S BILAle �9 Sarah P. Gorman, City Clerk