CC Resolution 11973RESOLUTION NO. 11973
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL CONSENTING TO
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 has established 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 Campbell 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 of Campbell 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 established the California HERO Program, which is 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contractual assessment program, as permitted by the Act, the Authority JPA, originally made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 Campbell 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
jurisdiction of the City in financing the cost of installing Improvements; and
WHEREAS, the City of Campbell 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 the City Council of the City of Campbell
1. ~ Finds and declares that properties in the City pf Campbell incorporated area will
be benefited by the availability of the California HERO Program to finance the installation of the
Improvements.
2. Consents to inclusion in the California HERO Program of all of the properties in
the jurisdictional boundaries of the City of Campbell 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 such contractual assessments.
4. Hereby approves the JPA Amendment and authorizes the execution thereof by
the City Manager
5. City Manager is authorized and directed to coordinate with Authority staff to
facilitate operation of the California HERO Program within the City of Campbell
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 AND ADOPTED this 19th day of April, 2016 by the following roll call vote
AYES: Councilmembers: Kotowski, Gibbons, Baker
NOES: Councilmembers: Resnikoff, Cristina
ABSENT: Councilmembers: None
APPROVED:
--, (~ Nf~.~----
J son T. Baker, Mayor
A EST:
,I ,
Wendy ood, City Clerk
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