Resolution No. 6428510
RESOLUTION NO. 6428
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
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 CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS 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, the Authority intends to establish the California Home Energy
Renovation Opportunity (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 Cypress (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 in the City
with financing such Improvements; and
WHEREAS, the 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
Cypress 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 the Authority and the City, a
copy of which is on file in the office of the City Clerk, 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 the City Council of the City of
Cypress does hereby find as follows:
Section 1. The 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.
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Section 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.
Section 3. The consent of the 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.
Section 4. The City Council hereby approves the JPA Amendment and authorizes
the execution thereof by the Mayor and /or his designee(s).
Section 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 the City Council on the success of such program.
Section 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 by the City Coun• of the City of Cypress at a regular
meeting held on the 27th day of May, 2014.
ATTEST:
P4LLOL
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
MAYO • F THE CITY OF CYPRESS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 27th day of May, 2014, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Bailey, Narain, Yarc, Johnson and Mills
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ceeLaa.01
CITY CLERK OF THE CITY OF CYPRESS