Loading...
HomeMy WebLinkAboutResolution 2009-081 N.C.S. 06/15/2009Resolution No. 2009-081 N.C.S. of the City of Petaluma, California RESOLUTION OF THE COUNCIL OF THE CITY OF PETALUMA, STATE OF CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE CITY OF PETALUMA'S INCORPORATED AREA IN THE SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND ENERGY EFFICIENCY IMPROVEMENTS WHEREAS, the City of Petaluma 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 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act"), the Legislature has authorized cities and counties to assist property owners in financing the cost of installing distributed generation renewable energy sources or making energy efficient improvements that are permanently fixed to their property (the "Improvements") through a contractual assessment program; and, WHEREAS, installation of such Improvements by property owners in the County of Sonoma (the "County") would promote the purposes cited above and assist the City of Petaluma, in meeting its goal established by this Council of reducing its greenhouse gas emissions by 20% from 2000 levels by 2010; and, WHEREAS, the City of Petaluma wishes to provide innovative solutions to its residents to achieve energy efficiency and independence, including cooperating with the County in order to efficiently and economically assist all County property owners in financing such Improvements; and, WHEREAS, the Board of Supervisors of the County (the "Board of Supervisors") has authority to establish a contractual assessment program, as permitted by the Act, to assist property owners in financing the cost of installing distributed generation renewable energy sources or making energy efficient improvements that are permanently affixed to real property; and, WHEREAS, the County has conducted an analysis to determine the feasibility of a contractual assessment program, and has named such program the Sonoma County Energy Independence Program ("SCEIP"), and has developed parameters for implementation and administration of the Program; and, WHEREAS, the City of Petaluma wishes to participate with the County in the SCEIP, under terms and conditions agreed to by Petaluma and the County; and, WHEREAS, state law permits the County to offer participation in SCEIP to property owners in incorporated areas within the County so long as the governing body of such incorporated area approves the proposed Resolution of Intention to establish SCEIP, allows inclusion in the SCEIP of properties located in the incorporated area within the County under the control of the governing body, and consents to the Improvements to be done within such Resolution No. 2009-081 N.C.S. Page 1 incorporated area and the assumption of jurisdiction thereover by the County for the purposes aforesaid; and, WIIEREAS, this Council has reviewed the "Cooperative Agreement to Implement Sonoma County Energy Independence Program" attached hereto as Attachment A; and, N®W, TIIEREFORE, BE IT RESOLVED that the Council of the City of Petaluma makes the following findings and determinations: 1. The Council of the City of Petaluma finds and declares that properties in the City of Petaluma's incorporated area will be benefited by the SCEIP proposed by the County. 2. This Council hereby approves the Sonoma County Energy Independence Program Report and Administrative Guidelines, addressing administrative issues such as program administration, financing and approved technologies for participating properties in its jurisdiction. 3. The Council of the City of Petaluma agrees with the terms proposed in the Cooperative Agreement to Implement Sonoma County Energy Independence Program, as amended and attached hereto as Attachment A and hereby directs that said agreement be executed by the City Manager on behalf of the City of Petaluma and directs the Clerk to send a certified copy of this resolution to the Clerk of the Board of Supervisors. 4. This Council hereby finds and determines that in the event it is necessary for the Board of Supervisors to make minor, nonsubstantive changes to SCEIP, such minor, nonsubstantive changes do not require the approval of this Council but should be reviewed in detail with the City Project Manager. 5. This Council consents to inclusion in SCEIP of all of the properties in the incorporated area within the City of Petaluma, as may be amended through annexation from time to time, and to the Improvements proposed in SCEIP within the City of Petaluma limits, upon the request and agreement of the property owner, in compliance with. applicable laws, rules and regulations; and to the assumption of jurisdiction thereover by the County for the purposes aforesaid subject to final agreement between the County and the City of Petaluma. 6. The Department of Water Resources & Conservation is authorized and directed to coordinate with County staff to facilitate operation of the SCEIP, and report back periodically to this Council on the success of SCEIP. 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 / J A~p~ed as to Council of the City of Petaluma at a Regular meeting on the 15`h day of June, 2009, 1/J ~/{ 11((JJ f rm: by the following vote: AYES: Vice Mayor Barrett, Glass, Harris, Healy, Rabbitt, Renee, Mayor Torliatt NOES: None ABSENT: None ABSTAIN: None ATTEST: ~~~'~~ ~~v ~~~""-f City Clerk Attorney Resolution No. 2009-081 N.C.S. Page 2 ATTACHMENT A Cooperative Agreement to Implement Sonoma County Energy Independence Program This Agreement is made by and between the County of Sonoma ("County") and the [City/Town of ] ("City" or "Town") also referred to hereafter as the "Parties." RECITALS A. County and [Town/City] are committed to development of renewable energy sources and energy efficiency improvements, reduction of greenhouse gases, protection of our environment, and reversal of climate change. B. County and [Town/City] recognize the need for aggressive action and have established a target of reducing GHG community-wide emissions by 25% below 1.990 levels by 2015. C. Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (the "Act") authorizes cities and counties to assist property owners in financing the cost of installing distributed generation renewable energy sources or making energy efficient improvements that are permanently fixed to their property through a contractual assessment program. D. On March 25, 2009 pursuant to this authority, and by County Resolution 09-0271, County established the Sonoma County Energy Independence Program (SCEIP). E. [City/Town] has, by its Resolution ,adopted on ,approved the County's Resolution of Intention to establish the SCEIP and consented to the inclusion of properties in the incorporated area governed by [City/Town] in the SCEIP. F. [City/Town] has reviewed the Program Report prepared by the County of Sonoma that outlines the policies, initial list of eligible improvements, administration, and financing of SCEIP. A copy of the Program Report is attached hereto as Exhibit "A" and is incorporated herein by this reference. G. The Parties agree that [City/Town] property owners should have the opportunity to participate in SCEIP under the terms and conditions contained in this Agreement. H. The Parties understand that [City/Town] may have preferences that meet the needs of its property owners. The Parties will work cooperatively, using reasonable efforts and diligence, to consider those preferences. The Parties agree as follows: R Ti'.(''iT A i .C The above recitals are true and correct. Resolution No. 2009-081 N.C.S. Page 3 1. COlVI1VIUNICATION/DESIGNATED REPRESENTATIVES To the extent permitted by applicable law, including without limitation the City's adopted codes, regulations, policies and standards, the persons identified below as the Designated Representative shall, upon execution of this Agreement, have authority to grant discretionary approvals identified in this Agreement. Except as otherwise specifically provided in this Agreement, any notice, submittal, or communication required or permitted to be served on a party, may be served by personal delivery to the person or the office of the person identified below. Service may also be made by mail, by placing first-class postage, and addressed as indicated below, and depositing in the United States mail to: Coun Project Manager: Rodney A. Dole, Program Administrator Sonoma County Energy Independence Pgm. 404 Aviation Blvd, Santa Rosa, CA 95403 Phone: (707) 521-6200 Fax: (707) 524-3769 Email: energyinfo sonomacountyenergy.org Designated Representative: John Haig Ci /Town Project Manager: Phone: Fax: Email: Designated Representative: 2. COUNTY RESPONSIBILITIES A. Except as provided in this paragraph and in paragraph B below, County shall make the SCEIP available to [City/Town] property owners subject to the same terms and conditions applicable to property owners in the unincorporated area of Sonoma County. Notwithstanding anything to the contrary in this Agreement, the County agrees to make approval by property owner lender(s) an express requirement for participation of any Petaluma property owners (including commercial and residential property owners) in the SCEIP. B. If; at any time, [City/Town] wishes to request modifications to SCEIP for [City/Town] property owners, City shall so notify County in writing, identifying the modifications [City/Town] requests to be implemented within [City/Town]. County shall evaluate such request within 60 days and shall notify [City/Town] in writing of the steps and conditions that would be necessary, if any, to implement [City/Town's] request. If County concludes that the request is not feasible or is detrimental to SCEIP, it may, after discussion with the City/Town, deny the request but shall work diligently with [City/Town] to attempt to otherwise address [City/Town]'s desires. 3. CITY/TOWN RESPONSIBILITIES A. [City/Town] agrees to process applications for permits and conduct all required inspections for all projects and improvements requesting SCEIP financing ("SCEIP Improvements") where a permit is required by the [City/Town. [City/Town] shall charge its usual and customary fees for such permits and inspections; such fees shall be due and Resolution No. 2009-081 N.C.S. Page 4 payable in accordance with established [City/Town] policies for imposing and collecting such fees. For SCEIP Improvements which do not require a [City/Town] permit, the [City/Town] agrees to provide asign-off process for eligible projects located within the City that will serve to confirm that the SCEIP Improvements were installed on the property. The [City/Town] may, in its discretion, establish a fee for the sign-off process, to be paid by the property owner. [City/Town] understands that County intends to rely upon issuance of a finaled permit as evidence that the SCEIP Improvements have been installed according to local building code requirements by the property owner, or where a permit is not required, asign-off process that confirms that the SCEIP Improvements were installed on the property. B. [City/Town] agrees to make information about SCEIP, provided by County, available at appropriate locations in [City/Town]. [City/Town] agrees to work with County to market the Program through such means as inserting information into [City/Town]'s utility bills, linking to the Program's website from [City/Town]'s website, and including information on the Program in community information. bulletins. C. In no event and under no circumstances shall [City/Town] incur liability for any costs or other monetary obligations relating to or associated with the Program, except incidental costs incurred as staff expense responding to property owner inquiries, without City's prior consent or approval. County shall have no responsibility for any expense incurred by City unless County agrees in advance to such expense. 4. ADDITIONAL REQUIREMENTS A. Authority to Amend Agreement: Changes to the Agreement may be authorized only by written amendment to this Agreement, signed by the Designated Representative of each party or such other representative as is authorized by the governing body of each party. B. No Waiver of Breach: The waiver by any party of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or promise or any later breach of the same or any other term or promise contained in this Agreement. C. Construction: To the fullest extent allowed by law, the provisions of this Agreement shall be construed and given effect in a manner that avoids any violation of statute, ordinance, regulation, or law. The Parties covenant and agree that in the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. D. Making of Agreement: The Parties acknowledge that they have each contributed to the making of this Agreement and that, in the event of a dispute over the interpretation of this Agreement, the language of the Agreement will not be construed against one party in favor of the other. The Parties acknowledge that they have each had an adequate opportunity to consult with counsel in the negotiation and preparation of this Agreement. E. No Third-Party Beneficiaries: Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. F. Applicable Law and Forum: This Agreement shall be construed and interpreted according to the substantive law of California excluding the law of conflicts. Any action Resolution No. 2009-081 N.C.S. Page 5 to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. G. Captions: The captions in this Agreement are solely for convenience of reference. They are not a part of this Agreement. and shall have no effect on its construction or interpretation. H. Merger: This writing is intended both as the final expression of the Agreement between the parties hereto with respect to the included terms and as a complete and exclusive statement of the terms of the .Agreement, pursuant to Code of Civil Procedure Section 1856. No modification of this Agreement shall be effective unless and until such .modification is evidenced by a writing signed by all parties. Time of Essence: Time is and shall be of the essence of this Agreement and every provision hereof. J. Entire Agreement: This Agreement, including all attachments and exhibits hereto, is the entire Agreement between the Parties. 5. AGREEMENT BECOMING EFFECTIVE This Agreement shall become effective upon execution by the Parties. 6. TERMINATION Either Party may terminate its participation in this Agreement by giving one hundred eighty (180) days advance written notice to all other parties of its intent to terminate its participation in this Agreement. Termination shall not affect the validity of any contractual assessment agreement already entered into by the County within the incorporated area of [City/Town]. 7. COUNTERPART SIGNATURES This Agreement may be executed in counterpart and each of these executed counterparts shall have the same force and effect as an original instrument and as if all of the parties to the aggregate counterparts had signed the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below. CITY/TOWN By Mayor COUNTY OF SONOMA By: Rodney A. Dole Auditor-Controller-Treasurer-Tax Collector Program Administrator, Sonoma County Energy Independence Program Authorized by Resolution No. Date: Attest: City/Town Clerk Resolution No. 2009-081 N.C.S. Page 6