HomeMy WebLinkAbout022-2015RESOLUTION NO. 22-2015
CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TOWN'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, the 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, the Town of Danville (the "Town") 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 Town wishes to provide innovative solutions to its property owners to
achieve energy and water efficiency and independence, and in doing so cooperate with the
Authority in order to efficiently and economically assist property owners in the Town in
financing such Improvements; and
WHEREAS, the 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Authority JPA, originally made and entered into April 1, 1991, as amended to date, and the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 Town of Danville 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 Town (the "JPA
Amendment"), by and between Authority and the Town, a copy of which is attached as
Exhibit "A" hereto, to assist property owners within the incorporated area of the Town in
financing the cost of installing Improvements; and
WHEREAS, the Town 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, the Danville Town Council finds and declares that properties in the Town's
incorporated area will be benefited by the availability of the California HERO Program to
finance the installation of Improvements; and be it further
RESOLVED, the Danville Town Council consents to inclusion in the California HERO
Program of all of the properties in the incorporated area within the Town 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; and be it
further
RESOLVED, the consent of the Danville Town Council constitutes assent to the
assumption of jurisdiction by the Authority for all purposes of the California HERO
Program and authorizes the 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; and be it further
RESOLVED, the Danville Town Council hereby approves the JPA Amendment and
authorizes the execution thereof by appropriate Town officials; and be it further
RESOLVED, that Town staff is authorized and directed to coordinate with the Authority
staff to facilitate operation of the California HERO Program within the Town, and report
back periodically to the Danville Town Council on such program; and be it further
RESOLVED, this Resolution shall take effect immediately upon its adoption and the City
Clerk is directed to send a certified copy of this Resolution to the Secretary of the Authority
Executive Committee.
PAGE 2 OF RESOLUTION NO. 22-2015
APPROVED by the Danville Town Council at a regular meeting on March 17, 2015 by the
following vote:
AYES: Doyle, Stepper, Arnerich, Morgan, Storer
NOES: None
ABSTAINED: None
ABSENT: None
APPROVED AS TO FORM:
011001(
CITY ATTORNEY
MAYOR
ATTEST:
CITY CL
PAGE 3 OF RESOLUTION NO. 22-2015