HomeMy WebLinkAboutReso 04-2015 RESOLUTION NO. 04-2015
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION 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 AN AMENDMENT
TO A CERTAIN JOINT POWERS AGREEMENT RELATED
THERETO, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE RELATED DOCUMENTS
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, City of the City of South San Francisco (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 California 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 the City of South San Francisco 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, by the City Council of the City of South San
Francisco that the City Council hereby takes the following actions:
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 there over 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. 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.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the
necessary documents on behalf of the City, subject to approval by the City Attorney, and to take
any other action consistent with the intent of this Resolution.
* * * * *
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 14th day of
January, 2015 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Pradeep Gupta, and Liza Normandy
Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino
NOES: None
ABSTAIN: None
ABSENT: None
AT EST: ►r '' 1
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EXHIBIT A
AMENDMENT TO THE JOINT POWERS AGREEMENT
AMENDMENT TO THE JOINT POWERS AGREEMENT
ADDING CITY OF SOUTH SAN FRANCISCO AS
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 day of , 2015, by City of South San Francisco ("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 Act of 1911,being Division 7 of the California
Streets and Highways Code ("Chapter 29") authorizes 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 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
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 Jurisdiction.
1. Boundaries of the California HERO Program within City 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.
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. 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.
2. Mutual Indemnification and Liability. Authority and City shall mutually 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 attorneys fees and other
related costs and expenses, but excluding payment of consequential damages. 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.
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
Att: Executive Director
City:
City of South San Francisco
PO Box 711
South San Francisco, California 94083
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. 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.
[SIGNATURES ON FOLLOWING PAGES]
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By: Date:
Executive Committee Chair
Western Riverside Council of Governments
CITY OF
By: Date:
Title: