HomeMy WebLinkAboutResolution 2020-013 N.C.S. 01/27/2020Resolution No. 2020®013 N.C.S.
of the City of Petaluma, California
APPROVING AMENDMENT NO.2 TO THE COOPERATIVE AGREEMENT TO
IMPLEMENT THE SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM
WITH THE COUNTY OF SONOMA TO ALLOW PROPERTY OWNERS WITHIN THE
INCORPORATED AREA OF THE CITY OF PETALUMA TO FINANCE SEISMIC
STRENGTHENING IMPROVEMENTS AND WILDFIRE SAFETY IMPROVEMENTS
THROUGH THE SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM
WHEREAS, on June 15, 2009, By Resolution No. 2009-81 N.C.S., the Council
approved a Cooperative Agreement to Implement the Sonoma County Energy Independence
Program with the County of Sonoma to allow property owners within the incorporated area of
the City of Petaluma to finance the acquisition and construction or installation of distributed
generation renewable energy sources and energy efficiency improvements, which include water
efficiency improvements, through the Sonoma County Energy Independence Program ("SCEIP"
or the "Program"); and
WHEREAS, on September 14, 2009, By Resolution No. 2009-150 N.C.S., the Council
approved Amendment No. 1 to the Cooperative Agreement; and
WHEREAS, the City of Petaluma has been actively involved in promoting and cross
marketing SCEIP as a key funding tool in helping Petaluma property owners make energy
efficiency and renewable energy generation improvements to their homes and businesses; and
WHEREAS, the State Legislature has adopted the Seismic Safety Finance Act, codified
as Section 5899 of the California Streets and Highways Code, effective January 1, 2012, which
authorizes contractual assessment programs to finance the installation of seismic strengthening
improvements that are permanently fixed to residential, commercial, industrial, agricultural, or
other real property ("Seismic Strengthening Improvements"); and
WHEREAS, the State Legislature has also adopted the Wildfire Safety Finance Act,
codified as Section 5899.4 of the California Streets and Highways Code, effective January 1,
2019 and repealed January 1, 2029, which authorizes certain public agencies to designate an area
within which contractual assessment programs may finance the installation of wildfire safety
improvements that are permanently fixed to existing residential, commercial, industrial,
agricultural, or other real property ("Wildfire Safety Improvements"); and
WHEREAS, on July 23, 2019, by Resolution No. 19-0311, the County Board of
Supervisors expanded SCEIP to include Seismic Strengthening Improvements and Wildfire
Safety Improvements in order to help property owners harden their properties and snake the
County more resilient to seismic and wildfire events; and
WHEREAS, the County's expansion of SCEIP took effect on January 14, 2020.
Resolution No. 2019-013 N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED that the Council finds and declares the
following:
The Council finds that properties in the City's incorporated area will benefit from
inclusion in the expanded Program.
2. The Council consents to the inclusion of properties within the incorporated area of
the City in the expanded Program for the purpose of financing Seismic
Strengthening Improvements and Wildfire Safety Improvements through SCEIP.
The Council approves Amendment No. 2 to Cooperative Agreement to Implement
the Sonoma County Energy Independence Program.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE:
I hereby certify the foregoing Resolution was introduced and adopted by the /Appro ed as to
Council of the City of Petaluma at a Regular meeting
on the 27th day of January f rrr:
2020, by the following vote:
Cityttorney
AYES:
Mayor Barrett; Vice Mayor Fischer; Healy; Kearney;
King; McDonnell; Miller _ „
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
City Clerk
Mayor
Resolution No. 2019-013 N.C.S. Page 2
Exhibit A
AMENDMENT NO. 2 TO THE COOPERATIVE AGREEMENT TO IMPLEMENT
SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM
This Amendment No. 2 to Cooperative Agreement to Implement Energy Independence
Program ("Amendment") is made and entered into on day of , 2020 by and
between the County of Sonoma ("County") and the City of Petaluma ("City").
A. On June 15, 2009, the City and the County entered into that certain Cooperative
Agreement to Implement Energy Independence Program ("Agreement") to allow citizens of the City to
participate in the Sonoma County Energy Independence Program ("SCEIP").
B. On September 14, 2009, the City and the County entered into that certain Amendment
No. 1 to the Agreement to modify the responsibilities of the County.
C. The State Legislature has adopted the Seismic Safety Finance Act, codified as Section
5899 of the California Streets and Highways Code, effective January 1, 2012, which authorizes
contractual assessment programs to finance the installation of seismic strengthening improvements that
are permanently fixed to residential, commercial, industrial, agricultural, or other real property ("Seismic
Strengthening Improvements").
D. The State Legislature has also adopted the Wildfire Safety Finance Act, codified as
Section 5899.4 of the California Streets and Highways Code, effective January 1, 2019 and repealed
January 1, 2029, which authorizes certain public agencies to designate an area within which
contractual assessment programs may finance the installation of wildfire safety improvements that are
permanently fixed to existing residential, commercial, industrial, agricultural, or other real property
("Wildfire Safety Improvements").
E. On July 23, 2019, by Resolution No. 19-0311, the County Board of Supervisors expanded
SCEIP to include Seismic Strengthening Improvements and Wildfire Safety Improvements in order to help
property owners harden their properties and make the County more resilient to seismic and wildfire
events.
The County's expansion of SCEIP took effect on January 14, 2020.
G. The City desires to allow property owners within its jurisdiction to participate in SCEIP's
expanded program, including those Seismic Strengthening Improvements and Wildfire Safety
Improvements available for financing under SCEIP.
Now, therefore, the parties modify the Agreement as follows:
Expansion of Program. The City and the County agree that SCEIP's expanded program,
which includes Seismic Strengthening Improvements and Wildfire Safety Improvements,
shall be available to property owners within incorporated areas of the City.
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Resolution No. 2019-013 N.C.S. Page 3
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as set forth below.
CITY OF PETALUMA:
Mayor
Date
APPROVED AS TO FORM:
City Attorney
Date
COUNTY OF SONOMA:
SCEIP Program Administrator
Date
APPROVED AS TO FORM:
County Counsel
Date
Resolution No. 2019-013 N.C.S. Page 4