HomeMy WebLinkAbout2013-12-03; City Council; Resolution 2013-2821 RESOLUTION NO. 2013-282
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2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, CONSENTING TO THE INCLUSION OF THE
PROPERTIES WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA
4 HERO PROGRAM TO FINANCE DISTRIBUTED GENERATION
RENEWABLE ENERGY SOURCES, ENERGY AND WATER EFFICIENCY
5 IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE AND APPROVING THE AMENDMENT TO A
CERTAIN JOINT POWERS AGREEMENT RELATED THERETO. 6
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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
11 Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the
12 "Authority JPA"); and
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WHEREAS, Authority intends to establish the California HERO Program to provide for the
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financing of renewable energy distributed generation sources, energy and water efficiency
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improvements and electric vehicle charging infrastructure (the "Improvements") pursuant to
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Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and
18 Highways Code ("Chapter 29") within counties and cities throughout the State of California that
19 elect to participate in such program; and
WHEREAS, the City of Carlsbad (the "City") is committed to development of renewable
energy sources and energy efficiency improvements, reduction of greenhouse gases and
protection of our environment; and
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24 WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist
25 property owners in financing the cost of installing improvements through a voluntary
contractual assessment program; and
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jurisdictional boundaries ofthe 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
1 WHEREAS, installation of such improvements by property owners within the
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7 Authority in order to efficiently and economically assist property owners within the City in
8 financing such improvements; and
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WHEREAS, Authority has authority to establish the California HERO Program, which will
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be such a voluntary contractual assessment program, as permitted by the Act, the Authority
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JPA, originally made and entered into April 1,1991, as amended to date and the Amendment to
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^2 Joint Powers Agreement Adding the City of Carisbad as an Associate Member of the Western
14 Riverside Council of Governments to Permit the Provision of Property Assessed Clean Energy
15 (PACE) Program Services within the City (the "JPA Agreement"), by and between Authority and
City, a copy of which is attached as Exhibit "A" hereto, to assist property owners within the
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incorporated area of the City in financing the cost of installing improvements; and
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WHEREAS, the City will not be responsible for the conduct of any assessment
2Q proceedings, the levy and collection of assessments or any required remedial action in the case
21 of delinquencies in the payment of any assessments ofthe issuance, sale or administration of
any bonds issued in connection with the California HERO Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad,
California, as follows that: The above recitations are true and correct.
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will be benefited by the availability of the California HERO Program to finance the
installation of improvements.
3. The City Council consents to inclusion in the California HERO Program of all of
1 2. The City Council flnds and declares that properties in the city's incorporated area
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5 the properties in the incorporated area of the city and to the improvements, upon
7 the request by and voluntary agreement of owners of such properties, in
conjunction with the laws, rules and regulations applicable to such program; and to
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the assumption of jurisdiction thereover by Authority for the purposes thereof.
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4. The consent of the City Council constitutes assent to the assumption of
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j2 jurisdiction by Authority for all purposes of the California HERO Program and
13 authorizes Authority, upon satisfaction ofthe conditions imposed in this resolution,
1^ to take each and every step required for or suitable for financing the improvements,
including the levying, collecting and enforcement ofthe contractual assessments to
finance the improvements and the issuance and enforcement of bonds to represent
and be secured by such contractual assessments.
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19 5. The City Council hereby approves the JPA Agreement and authorizes the
20 execution thereof by the Mayor.
City staff is authorized and directed to coordinate with Authority staff to
facilitate operation ofthe California HERO Program within the city, and report back
periodically to this City Council on the success of such program, as requested.
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7. 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 Authority
Executive Committee.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
of Carlsbad on the 3'^'^ day of December 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn, Douglas.
None.
ABSENT: None.
ATTEST:
B;flpBARA ENGLESON, (2ity Clerk
STATE OF CAUFORNIA )
COUNTY OF SAN DIEGO ) ss.
I, Barbara Engleson, City Clerk of the City of Carlsbad, County of San Diego, State of
California, hereby certify that I have compared the foregoing copy with the original
RESOLUTION NO. 2013-282. CONSENTING TO THE INCLUSION OF THE PROPERTIES WITHIN
THE CITY'S JURISDICTION IN THE CAUFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED
GENERATION RENEWABLE ENERGY SOURCES. ENERGY AND WATER EFFICIENCY
IMPROVEMENTS AND ELEaRIC VEHICLE CHARGING INFRASTRUCTURE AND APPROVING
THE AMENDMENT TO A CERTAIN JOINT POWERS AGREEMENT RELATED THERETO, with the
original now on file in the Office of the City Clerk of the City of Carisbad; that the same
contains a full, true and correct transcript therefrom and ofthe whole thereof.
Witness my hand and the seal of said City of Carlsbad, this Sth day of December,
2013.
,^s%^^BA^^GLESON, CI^Y CLERK