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RESOLUTION NO. 18-995 <br /> A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLEASANTON, <br /> CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY'S <br /> JURISDICTION IN THE CALIFORNIA HERO PROGRAM TO FINANCE DISTRIBUTED <br /> GENERATION RENEWABLE ENERGY SOURCES, ENERGY AND WATER <br /> EFFICIENCY IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING <br /> INFRASTRUCTURE AND APPROVING. THE AMENDMENT TO A CERTAIN JOINT <br /> POWERS AGREEMENT RELATED THERETO <br /> WHEREAS, the Western Riverside Council of Governments ("Authority") is a joint exe ricise <br /> of powersauthority established pursuant to Chapter 5 of Division 7, Title 1 of the Government <br /> Code of the State of California (Section 6500 and following) (the "Act") and the Joint Power <br /> Agreement entered into on April 1, 1991, as amended from time to time (the "Authority JPA"); and <br /> WHEREAS, Authority has established the California HERO Program to provide for the <br /> financing of renewable energy distributed generation sources, energy and water efficiency <br /> improvements and electric vehicle charging infrastructure (the "Improvements") pursuant to <br /> Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and <br /> Highways Code ("Chapter 29") within counties and cities throughout the State of California that <br /> elect to participate in such program; and <br /> WHEREAS, City of Pleasanton (the "City") is committed to development of renewable <br /> energy sources and energy efficiency improvements, reduction of greenhouse gases, protection <br /> of our environment, and reversal of climate change; and <br /> WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist <br /> property owners in financing the cost of installing Improvements through a voluntary contractual <br /> assessment program; and <br /> WHEREAS, installation of such Improvements by property owners within the jurisdictional <br /> boundaries of the counties and cities that are participating in the California HERO Program would <br /> promote the purposes cited above; and <br /> WHEREAS, the City wishes to provide innovative solutions to its property owners to <br /> achieve energy and water efficiency and independence, and in doing so cooperate with Authority <br /> in order to efficiently and economically assist property owners the City in financing such <br /> Improvements; and <br /> WHEREAS, Authority has established the California HERO Program, which is such a <br /> voluntary contractual assessment program, as permitted by the Act, the Authority JPA, originally <br /> made and entered into April 1, 1991, as amended to date, and the Amendment to Joint Powers <br /> Agreement Adding the City of Pleasanton as an Associate Member of the Western Riverside <br /> Council of Governments to Permit the Provision of Property Assessed Clean Energy (PACE) <br /> Program Services within the City (the "JPA Amendment"), by and between Authority and the City, <br /> a copy of which is attached as Exhibit "A" hereto, to assist property owners within the jurisdiction <br /> of the City in financing the cost of installing Improvements; and <br /> WHEREAS, the City will not be responsible for the conduct of any assessment <br /> proceedings; the levy and collection of assessments or any required remedial action in the case <br /> of delinquencies in the payment of any assessments or the issuance, sale or administration of <br /> any bonds issued in connection with the California HERO Program. <br /> NOW, THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF <br /> PLEASANTON DOES RESOLVE, DECLARE, DETERMINE AND ORDER THE FOLLOWING: <br />n no event shall any of <br /> Authority's Regular Members or their officials, officers or employees be held directly liable for any <br /> damages or liability resulting out of this JPA Amendment. <br /> 3. Environmental Review. Authority shall be the lead agency under the California <br /> Environmental Quality Act for any environmental review that may required in implementing or <br /> administering the California HERO Program under this JPA Amendment. <br />rmitting refunding, upon the <br />