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Act, the Authority JPA, originally made and entered into April 1, 1991, as amended to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
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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.
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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:
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Adopted and approved this 12th day of November, 2013.
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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:
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Sarah P. Gorman, City Clerk