1153RESOLUTION NO. 1153
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ROLLING HILLS, 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
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, City of Rolling Hills (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 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 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 the City 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such a voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally
made and entered into April 1, 1991, as amended to date, and the Amendment to Joint Powers
Agreement Adding the City of Rolling Hills 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, 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. 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.
2. This 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.
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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. This City Council hereby approves the JPA Amendment and authorizes the execution
thereof by appropriate City officials.
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.
6. 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 the Authority Executive
Committee.
PASSED, APPROVED AND ADOPTED THIS 14th DAY OF OCTOBER, 2013.
_)�;fE. HIL
MAYOR
ATTEST:
*A I W
HEIDI LUCE
DEPUTY CITY CLERK
Resolution No. 1153 2
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 1153 entitled:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROLLING HILLS,
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
was approved and adopted at a regular . meeting of the City Council on October 14, 2013 by the
following roll call vote:
AYES: Councilmembers Dieringer, Lay, Pieper and Mayor Hill.
NOES: None.
ABSENT: Councilmember Black.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Office
Resolution No. 1153
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HEIDILUCE
DEPUTY CITY CLERK
THIS PAGE INTENTIONALLY LEFT BLANK
Resolution No. 1153
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AMENDMENT TO THE JOINT POWERS AGREEMENT
ADDING CITY OF ROLLING HILLS AS
AS AN ASSOCIATE MEMBER OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF THE CALIFORNIA HERO
PROGRAM SERVICES WITH SUCH CITY
This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and
entered into on the 22nd day of October, 2013, by City of Rolling Hills ("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").
WHEREAS, Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the
California Streets and Highways Code ("Chapter 29") to authorize cities, counties, and
cities and counties to establish voluntary contractual assessment programs, commonly
referred to as a Property Assessed Clean Energy ("PACE") program, to fund various
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 Government Code sections 6500 et seq., 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
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.
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Resolution No. 1153
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 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, right to amend or vote on amendments to the Authority JPA,
and 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. City shall not be bound by any
subsequent amendments of the Authority JPA not expressly agreed to by City.
3. Rip-hts of Authoritv. 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.
4. Rights of Citv. This JPA Amendment shall be not interpreted as limiting
or restricting the rights of City to establish parameters or limitation on upon the HERO
Program as it is conducted within City's jurisdiction. Implementation of California
HERO Program within City Jurisdiction.
5. Boundaries of the. California HERO Program within Citv 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, upon approval
of same by City Council.
6. Determination of Elip-ible Improvements. Subject to any parameters or
limitations provided in the resolution of City approving the conduct of the HERO
Program within City's jurisdiction, 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
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may be authorized pursuant to Chapter 29 (the "Eligible Improvements") that will be
eligible to be financed under the California HERO Program.
7. 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 with the California HERO Program Boundaries and will be solely responsible for
the conduct of such proceedings.
8. Financing the Installation of Eligible Improvements. Upon approval of
the conduct of the HERO Program within City's jurisdiction, Authority shall be solely
responsible to develop and implement a plan for the financing of the purchase and
installation of the Eligible Improvements under the California HERO Program.
9. 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 PACE 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 the Bonds or any other bonds issued in connection with the California
HERO Program.
10. 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.
B. Miscellaneous Provisions.
1. Withdrawal. Authority may withdraw from this JPA Amendment upon
six (6) months written notice to City; 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. City may withdraw approval for
conduct of the HERO Program within the jurisdictional limits of City upon thirty (30)
written notice to WRCOG without liability to the Authority or any affiliated entity. City
withdrawal shall not affect the validity of any voluntary assessment contracts (a) entered
prior to the date of such withdrawal or (b) entered into after the date of such withdrawal
so long as the applications for such voluntary assessment contracts were submitted to and
approved by WRCOG prior to the date of City's notice of withdrawal.
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Resolution No. 1153
2. Indemnification and Liabilitv. Authority shall defend, indemnify and hold
City 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 acts, errors or omissions of Authority 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 attorneys fees and other related costs and expenses,
but excluding payment of consequential damages, provided that the Authority shall not
be required to defend or indemnify City and its directors, officials, officers, employees
and agents for City's sole negligence or willful misconduct. Without limiting the
foregoing, Section 5.2 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. City's
cooperation shall not be interpreted to require any approvals without appropriate review
or that any discretionary authority of City be exercised other than as provided by law.
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. MS 1032
Riverside, CA 92501-3609
Attn: Executive Director
City:
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, CA 90274
Attn: City Manager
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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.
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 Agreement, each
Party to the litigation shall bear its own attorney's fees and costs.
9. Governiniz 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 Partv 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.
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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.
WESTERN RIVERSIDE COU�NCI.L OF GOVERNMENTS
By: � ��`�' Date: (19122-12-012
Executiv omm hair
Western versi .o ncil of Governments
CITY OF RO LIN HILLS
By: I� ' Date:
Interim Ci ng
r i
City of Ro g Hills
Resolution No. 1153
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