HomeMy WebLinkAbout14-18 - Renewable Energy Sources & Electric Vehicle Charging InfrastructureRESOLUTION NO. 14-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
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
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
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, the City of Costa Mesa (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 the Improvements through a
voluntary contractual assessment program; and
WHEREAS, installation of the 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, and the Amendment to Joint Powers Agreement Adding the City of
Costa Mesa as an Associate Member of the Western Riverside Council of Governments
Resolution No. 14-18 Page 1 of 3
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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, 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, BE IT RESOLVED THAT:
1. The City Council of the City of Costa Mesa 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 the Improvements.
2. The 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.
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.
4. The City Council hereby approves the JPA Amendment attached hereto as
Exhibit "A" and authorizes the execution thereof by the Mayor.
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.
PASSED AND ADOPTED this 1St day of April, 2014.
[SIGNATURES ON THE FOLLOWING PAGE]
Resolution No. 14-18 Page 2 of 3
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ATTEST:
bao �
Brenda Green, dty Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPRO S T FORM:
om s Dua e, bity Attorney
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY
CERTIFY that foregoing Resolution No. 14-18 was duly passed and adopted by the
City Council of the City of Costa Mesa at a regular meeting held on the 1St day of April,
2014, by the following roll call vote:
AYES: COUNCIL MEMBERS: Genis, Leece, Mensinger, Monahan, Righeimer
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 2nd day of April, 2014.
BRENDA GREEK
_CITY CLERK
Resolution No. 14-18 Page 3 of 3
EXHIBIT A
AMENDMENT TO THE JOINT POWERS AGREEMENT
ADDING THE CITY OF COSTA MESA
AS AN ASSOCIATE MEMBER OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF PROPERTY ASSESSED
CLEAN ENERGY (PACE) PROGRAM SERVICES WITH
SUCH CITY
This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and
entered into on the 1St day of April, 2014, by the City of Costa Mesa ("City") and the
Western Riverside Council of Governments ("Authority") (collectively, the "Parties").
RECITALS
WHEREAS, 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 "Joint Exercise of Powers Act") and the Joint Power
Agreement entered into on April 1, 1991, as amended from time to time (the "Authority
JPA"); and
WHEREAS, as of October 1, 2012, Authority had '18 member entities (the "Regular
Members"); and
WHEREAS, Chapter 29 of the Improvement Act of 1911, being Division 7 of the
California Streets and Highways Code ("Chapter 29") authorizes cities and counties to
establish voluntary contractual assessment programs, commonly referred to as a
Property Assessed Clean Energy ("PACE") program, to fund certain renewable energy
sources, energy and water efficiency improvements, and electric vehicle charging
infrastructure (the "Improvements") that are permanently fixed to residential, commercial,
industrial, agricultural or other real property; and
WHEREAS, Authority intends to establish a PACE program to be known as the
"California HERO Program" pursuant to Chapter 29 as now enacted or as such legislation
may be amended hereafter, which will authorize the implementation of a PACE financing
program for cities and county throughout the state; and
WHEREAS, City desires to allow owners of property within its jurisdiction to
participate in the California HERO Program and to allow Authority to conduct proceedings
under Chapter 29 to finance Improvements to be installed on such properties; and
WHEREAS, this JPA Amendment will permit City to become an Associate Member
of Authority and to participate in California HERO Program for the purpose of facilitating
the implementation of such program within the jurisdiction of City; and
WHEREAS, pursuant to the Joint Exercise of Powers Act, the Parties are
approving this JPA Agreement to allow for the provision of PACE services, including the
operation of a PACE financing program, within the incorporated territory of City; and
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WHEREAS, the JPA Amendment sets forth the rights, obligations and .duties of
City and Authority with respect to the implementation of the California HERO Program
within the incorporated territory of City.
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions hereinafter stated, the Parties hereto agree as follows:
A. JPA Amendment.
. . 1. The Authority JPA. City agrees to the terms and conditions of the Authority
JPA, attached.
2. Associate Membership. By adoption of this JPA Amendment, City shall
become an Associate Member of Authority on the terms and conditions set forth herein
and the Authority JPA and consistent with the requirements of the Joint Exercise of
Powers Act. The rights and obligations of City as an Associate Member are limited solely
to those terms and conditions expressly set forth in this JPA Amendment for the purposes
of implementing the California HERO Program within the incorporated territory of City.
Except as expressly provided for by the this JPA Amendment, City shall. not have any
rights otherwise granted to Authority's Regular Members by the Authority JPA, including
but not limited to the right to vote on matters before the Executive Committee or the
General Assembly, the right to amend or vote on amendments to the Authority JPA, and
the right to sit on committees or boards established under the Authority JPA or by action.
of the Executive Committee or the General Assembly, including, without limitation, the
General Assembly and the Executive Committee. City shall not be considered a member
for purposes of Section 9.1 of the Authority JPA.
3. Rights of Authority. This JPA Amendment shall not be interpreted as
limiting or restricting the rights of Authority under the Authority JPA. Nothing in this JPA
Amendment is intended to alter or modify Authority Transportation Uniform Mitigation Fee
(TUMF) Program, the PACE Program.administered by Authority within the jurisdictions of
its Regular Members, or any other programs administered now or in the future by
Authority, all as currently structured or subsequently amended.
B. Implementation of California HERO Program within City's Jurisdiction.
1. Boundaries of the California HERO Program within City's Jurisdiction. City
shall determine and notify Authority of the boundaries of the incorporated territory within
City's jurisdiction within which contractual assessments 'may be entered into under the
California HERO Program (the "Program Boundaries"),, which boundaries may include the
entire incorporated territory of City or a lesser portion thereof.
2. Determination of Eligible Improvements. Authority shall determine the
types of distributed generation renewable energy sources, energy efficiency or water
conservation improvements, electric vehicle charging infrastructure or such other
improvements as may be authorized pursuant to Chapter 29 (the "Eligible Improvements")
that will be eligible to be financed under the California HERO Program.
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3. Establishment of California HERO Program. Authority will undertake such
proceedings pursuant to Chapter 29 as shall be legally necessary to enable Authority to
make contractual financing of Eligible Improvements available to eligible property owners
within the Program Boundaries.
4. Financing the Installation of Eligible Improvements. Authority shall develop
and implement a plan for the financing of the purchase and installation of the Eligible
Improvements under the California HERO Program.
5.. Ongoing Administration. Authority shall be responsible for the ongoing
administration of the California HERO Program, including, but not limited to, producing
education plans to raise public awareness of the California HERO Program, soliciting,
reviewing and approving applications from residential and commercial property owners
participating in the California. HERO Program, establishing contracts for residential,
commercial and other property owners participating in such program, establishing and
collecting assessments due under the California HERO Program, adopting and
implementing any rules or regulations for the California HERO Program, and providing
reports as required by Chapter 29.
City will not be responsible for the conduct of any proceedings required to be taken under
Chapter 29; the levy or collection of assessments or any required remedial action in the
case of delinquencies in such assessment payments; or the issuance, sale or
administration of any bonds issued in connection with the California HERO Program.
6. . Phased Implementation. The Parties recognize and agree that
implementation of the California HERO Program as a whole can and may be phased as
additional other cities and counties execute similar agreements. City entering into this
JPA Amendment will obtain the benefits of and incur the obligations imposed by this JPA
Amendment in its jurisdictional area, irrespective of whether cities or counties enter into
similar agreements.
C. Miscellaneous Provisions.
1. Withdrawal. City or Authority may withdraw from this JPA Amendment upon
six (6) months written notice to the other party; provided, however, there is no outstanding
indebtedness of Authority within City. The provisions of Section 6.2 of the Authority JPA
shall not apply to City under this JPA Amendment.
2. Mutual Indemnification and Liability. Authority and City shall each defend,
indemnify and hold the other party and its directors, officials, officers, employees and
agents. free and harmless from any and all claims, demands, causes of action, costs,
expenses, liabilities, losses, damages or injuries of any kind, in law or equity, to property
or persons, including wrongful death, to the extent arising out of the willful misconduct or
negligent acts, errors or omissions of the indemnifying party or its directors, officials,
officers, employees and agents in connection with the California HERO Program
administered under this JPA Amendment, including, without limitation, the payment of
expert witness fees and attorney's fees and other related costs and expenses, but
excluding payment of consequential damages. Without limiting the foregoing, Section 5.2
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of the Authority JPA shall not apply to this JPA Amendment. In no event shall any of
Authority's Regular Members or their officials, officers or employees be held directly liable
for any damages or liability resulting out of this JPA Amendment.
3. Environmental Review. Authority shall be the lead agency under the
California Environmental Quality Act for any environmental review that may required in
implementing or administering the California HERO Program under this JPA Amendment.
4. Cooperative Effort. City shall cooperate with Authority by providing
information and other assistance in order for Authority to meet its obligations hereunder.
City recognizes that one of its responsibilities related to the California HERO Program will
include any permitting or inspection requirements as established by City.
5. Notice. Any and all communications and/or notices in connection with this
JPA Amendment shall be either hand -delivered or sent by United States first class mail,
postage prepaid, and addressed as follows:
Authority:
Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor. MS1032
Riverside, CA 92501-3609
Att: Executive Director
City:
City of Costa Mesa
77 Fair Drive, PO BOX 1200
Costa Mesa, CA 92628-1200
Attn: City CEO
6. Entire Agreement. This JPA Amendment, together with the Authority JPA,
constitutes the entire agreement among the Parties pertaining to the subject matter
hereof. This JPA Amendment supersedes any and all other agreements, either oral or in
writing, among the Parties with respect to the subject matter hereof and contains all of
the covenants and agreements among them with respect to said matters, and each Party
acknowledges that no representation, inducement, promise of agreement, oral 'or
otherwise, has been made by the other Party or anyone acting on behalf of the other
Party that is not embodied herein.
7. Successors and Assigns. This JPA Amendment and each of its covenants
and conditions shall be binding, on and shall inure to the benefit of the Parties and their
respective successors and assigns. A Party may only assign or transfer its rights and
obligations under this JPA Amendment with prior written approval of the other Party,
which approval shall not be unreasonably withheld.
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8. Attorney's Fees. If any action at law or equity, including any action for
declaratory relief is brought to enforce or interpret the provisions of this JPA Amendment,
each Party to the litigation shall bear its own attorney's fees and costs.
9. Governing Law. This JPA Amendment shall be governed by and construed
in accordance with the laws of the State of California, as applicable.
10. No Third Party Beneficiaries. This JPA Amendment shall not create any
right or interest in the public, or any member thereof, as a third party beneficiary hereof,
nor shall it authorize anyone not a Party to this JPA Amendment to maintain a suit for
personal injuries or property damages under the provisions of this JPA Amendment. The
duties, obligations, and responsibilities of the Parties to this JPA Amendment with respect
to third party beneficiaries shall remain as imposed under existing state and federal law.
11. Severability. In the event one or more of the provisions contained in this
JPA Amendment is held invalid, illegal or unenforceable by any court of competent
jurisdiction, such portion shall be deemed severed from this JPA Amendment and the
remaining parts of this JPA Amendment shall remain in full force and effect as though
such invalid, illegal, or unenforceable portion had never been a part of this JPA
Amendment.
12. Headings. The paragraph headings used in this JPA Amendment are for
the convenience of the Parties and are not intended to be used as an aid to interpretation.
13. Amendment. This JPA Amendment may be modified or amended by the
Parties at any time. Such modifications or amendments must be mutually agreed upon
and executed in writing by both Parties. Verbal modifications or amendments to this JPA
Amendment shall be of no effect.
14. Effective Date. This JPA Amendment shall become effective upon the
execution thereof by the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be
executed and attested by their officers thereunto duly authorized as of the date first
above written.
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APPROVELYAS TO FORM:
Thoma Du , Ci Attorney