HomeMy WebLinkAboutAgenda Bill 4C 09/14/2009
CITY OF PETALUMA, CALIFORNIA ~~~Te~~~~' 'Y ~y 14JlJy
AGENDA ILL
Agenda Title: Discussion and Possible Adoption ofResolution Approving Meeting Date: September 14,
Amendment No. 1 to the:Cooperatve Agreement with Sonoma County to 2009
Implement the Sonoma County Energy Independence Program
Meeting Time: 7:00 PM
Cate~Ory: ^ Presentation ^ Appointments ^ Consent ^ Public Hearing ®Untinished Business ^ New Business
Department: Director: Contact. Person: Phone Number:
Water Resources and Michael J. Ban, P.E. Michael. Ban, P.E. 707-778-4565
Conservation
'T'otal Cost of Proposal or Proect: Estimated at $4;006 - Name of Fund: Water
$8,000 in FY 09-10 for non-reimbursable City staff labor. Account Number: 67.00-67200-5 1 1 1 0
Current. Fund Balance: $100,583.
Amaunt Budgeted: This program will be supported by
water~conservation personnel in FY 09-1-0~. Time spent
administering this program is estimated ;at, $4;000 - $8,000.
Recommendation: It is recommended that•the City Council"fake the following. action:
Discuss the Sonoma County Energy Independence Program, provide. direction to City Staff, and approve
resolution:. authorizing the City Manager to execute Amendment No. ,1 to the Cooperative Agreement with
Sonoma County to Implement the Sonoma County Energy Independence Program.
1. ^ First reading ofOrdinance approved unanimously, or with unanimous vote fo allow posting prior to second reading
2. ^ First°reading of Ordinance approved without unanimous vote: Ordinance has been published/posted prior to second
reading; see Attachment
3. ^ Other action requiring special notice: Notice has been given, see Attachment
Summary Statement: The Petaluma City Council adopted Resolution.No 2009-081 on June 15t authorizing the
City°Manager to execute a cooperative funding agreement with Sonoma County for the Sonoma County Energy
Independence Program. Amendment No. 1 removes tfie provision requiring Petaluma property owners to obtain
,lend'er approval before participating.
,Attachments to Agenda Packet Item:
Resolution
~Afhachinent A -Amendment No. 1 to the Cooperative Agreement to Implement Sonoma County Energy
Independence Program
'Attachment A -Cooperative .Agreement to Implement. Sonoma .County Energy Independence Program
Reviewed..by Finance:Drector: Reviewed, bv' City' Attorney: A rov d b Mana er:
' ~1<Date: Date: ~ ~c~
Rev. 3 Date Last Revised: September 10, 2009 S:\water resources & conservation\AB 8I1 City
~. Council\September 14 - 2009\SCEIP Agenda Bill 9-14-
'h~l 09 draft 3)clean.docx
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~ITX ®F PETAL><J1VIA, CAI.,IF'®RNIA
SEPTEMBER 14, 209
AGENDA REPORT
FOR
DISCUSSION AND POSSIBLE ACTION OF RESOL;UTION APPROVING AMENDMENT NO. I TO THE
COOPERATIVE AGREEMENT' WITH SONOMA COUNTY TO IMPLEMENT THE SONOMA COUNTY
ENERGY INDEPENDENCE PROGRAM
RECOMMENDATION:
Adopt resolution approving Amendment No. 1 to the Cooperative Agreement with Sonoma
County to Implement the Sonoma County Energy Independence Program
2. "BACKGROUND:
On June 15th, the City Council .adopted Resolution No. 2009-081which authorized the City
Manager to execute a cooperative agreement (Agreement) with Sonoma County to
implement the Sonoma County Energy Independence Program. The Agreement includes a
provision which requires Petaluma property owners to obtain lender approval for
participation in the program. The City has received complaints from Petaluma ..residents that
this provision is onerous and will prevent or inhibit their participation in the program.
3. DISCUSSION:
The City can either take no action and leave the Agreement as is, or amend the Agreement by
removing the lender approval provision and make the program similar to the other
participating Sonoma County cities. Amendment No. 1 would take this action by revising
Section 3(a) of the Agreement as shown below.
(a) Except as provided in paragraph (b) below, County shall make the SCEIP
available to City property owners subject to the same terms and conditions applicable to
property owners. in the unincorporated area of Sonoma. County„ °v^°'^+ *'~°+ +h° r'^~~
A copy of Amendment No. 1 to the Agreement is provided in Attachment A. The original
agreement is provided in Attachment B.
4. )H'INANCIdL IMPACTS:
As reported at the June 15th discussion, this program will generate City costs with respect to
issuing building permits, reviewing project plans, conducting inspections, marketing the
program, and ;administration :and :management. All of these costs will be recovered through
the City's building permit process, with the exception of marketing, administration and
management. These costs will be minimized. by utilizing County resources as much as
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possible; .coordinating the activities of this program and the City's existing water
conservation program; and, with .respect to advertising coordinating this program with
regional climate-protection efforts, and using low-cost advertising techniques such. as the
City's website and utility billing notifications. For FY 09-10, the program is estimated to
require 40 - 80 hours of City staff time to administer, at a staffing cost of $4,000 - $8,000.
This work will be closely monitored as the program progresses and grows to insure that the
Water Conservation. program does not bear a disproportionate share of these activities. Staff
will continue to seek other sources of funds to offset these costs, as minimal as they are
projected to be.
RESOLITTIOIV OF THE COUNCIL OF THE CITY OF PETALUMA APPROVING
AMENDMENT NO. 1 TO COOPERATIVE AGREEMENT WITH SONONIA COUNTY
TO IMPLEMENT THE SONOMA C®UNTY ENERGY INDEPENDENCE PROGRAM
WHEREAS, the Petaluma City Council approved Resolution No. 2009-081 on June 15, 2009,
which authorized the City Manager to execute a Cooperative. Agreement to Implement the
Sonoma County Energy Independence Program (SCEIP Agreement); and
WHEREAS, the SCEIP Agreement requires Petal"uma property owners to obtain lender approval
before participating in the SCEIP ;and "
NOW, THEREFORE, 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 approves and authorizes the City Manager to
execute Amendment No. to the Agreement as shown in Attachment A on behalf of the
City of Petaluma and.directs the City Clerk to send a certified copy of this resolution to
the Clerk of the Board of Supervisors.
2. This Council hereby finds and determines that in the event it is necessary for the Board of
Supervisors to .make, minor, nonsubstantive changes to the' SCEIP and/or the SCEIP
Agreement,. such minor, nonsubstantive changes shall not require the approval of this
Council but shall be reviewed in detail with and agreed to by the City Manager.
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AMENDMENT N.O. 1 TO THE COOPERATIVE:AGREEMENT TO 1MPLEIVIENT
SONOMA CO.UIVTY ENERGY IIVDEPENDENCf PROGRAM
This Agreement. made and entered. info on June 15, 2009 by and between the County of
Sonoma ("County") and the .[City of Petaluma.("city") also referred to hereafter as the "Parties"
is hereby amended to include the following..
1. Paragraph 3(a) is amended. as follows (underline =addition, _
deletion):.
3. COUNTY RESPONSIBILITIES.
(a) Except as .provided in paragraph (b) below, County shall make the SCEIP
available to City property: owners ukject to the same terms and conditions applicable to
property owners. n;the. un'incorporafed area of Sonoma County,
IN WITNESS WHEREOF, the parties hereto have executed Phis Amendment No. 1 as
set forth below.
CITY/TOWN
By:
John. Brown, City Manager
Authorized by Resolution No:
CbIJNTY OF SONOMA
By:
Rodney A. Dole
Auditor-Controller Treasurer-Tax
Collector
Program Administrator,
Sonoma County Energy
Independence Program
'Date:
Attest:
City Clerk
Approved as to form: Approved as to form:
City Attorney .County Counsel
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COOPERAT(UE AGREEMENT'TO-.IMPLEMENT
SONOMA GOUNI"Y ENERGY INDEPENDENCE PROGRAM
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This Agfeement is mada by and between the County of Sonoma ("Gountyr). and
the [City of Petaluma ("City") also referred to hereafter as the "Parties".
RECITALS
A. County and' City are committed to development' of renevrabie energy
sources :and energy efficiency improvements, .reduction of greenhouse gases,
protection of our ehuironment, and reversal of climate change..
B: County and Eity recognize the need for aggressive action and have
committed to reducing GHG emissions associated with their activities by 25p1o below
1890 levels by 201'5.
C. Chapter 29 of Part 3 of Division 7 ofithe California S#reets and Highways
Code (ttie °Act") authorizes cities and counties to assist property owners in financing the
cost of installing distributed generation renewable .energy sources or making energy
efficient:improvementsahatGre permanehtly fixed to their property through a contractual
assessment program.
D: On Mareh'25, 2009 pursuant to this authority, and by County Resolution
No: 09-0271, County established tfie Sonoma County Energy Independence Program
(SCEIP).
E. City has, by its 'Resolution 2009-081 N.C,.S., adopted on June 15, 2009,
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 in the SCEIP.
:F. City has revievred the Program Reporf prepared by'the County of Sonoma
that outlines the policies, 'initial .list of el)gible improvements, administration, and
financing of SCEIP.
G. The Parties agree 'that City property owners s_ho_uid have. the opportunity
to participate,in SCEIP under the Germs and conditions contained in this Agreement.
H. The Parties understand that City may have ;preferences that meet the
needs of its, property owners. The Parties- wily work together to. consider those
preferences.
CopperativeAgreement toanplement-Sonome'County Ener3y Independence ?rp~ram Page 1
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The Parties agree. as follovrs:
1. RECITALS.
The above recitals are true and correct.
COMMUNICATIONlDESIGhlATED REPRESENTATNES.
The persons identified: below as the Designated' Representative shall,
upon execution of .this Agreement, ,have authority to giant discretionary approvals
identified iri this Agreement: Except as otherwise ` pecifically provided in this
Agreement; any notice, Submittal, or communication required or permitted fo be served
on a ,party, may be served by personal delivery to;the person or the ofFce 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 Sfates mail#o:
County
Project Manager..
Phone:
Fax:-
Email:
Designated Rapresentative:
tarty-
, Project Manager.
Phone: ,
Fax:
Email:
Designated Representative:
3. COUNTY RESPONSIBILITIES.
Rodney A: Dale
(7D7) '521-6200
(7D7),524-3,769
enerpyinfo(a?sonomacountVenerQy. orra
John Haig, Energy':& Sustainability Manager
Michael Ban
(707~)776~591'
(707)778=45D8
d i ri bame(o?ci': petal u m a. ca: u s
bavid: l nbarne
(a) Except as'pro~ided in paragraph (b) below, County shall make the
SCEIP available to City property owners subject to the same terms. and conditions
applicable to property ov;rners ,in the unincorporated area or" Sonoma County, except
that the County agrees. to make approval by property owner lender(s) an express
requirement for paiticipatipn of any Petaluma property owners (including commercial
and residential property owners). in theSGEIP.
(b) If, at any time, City wishes to request modifications to SCEIP for
City properly: owners,' City shall so notify County in writing; identifying the modifcations
City requests to tie implemented within City. Countyshall,evaluate such .request within
60 days, an. d shall notify City in 'writing of the steps .and conditions that vdould be
.necessary;. if any, to implement City's request. If County concludes that the request is
Cooperative AgFZement to Implement Sonoma Gaunty Energy Independence°Program
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not feasitili; or is detrimental to SGEI,P,. it may, auer discussion with the City, deny the
request but sha[I work vrith `City to attempt to othervrise address City's desires.
4. CITYITQWN RESPONSIBILITIES.
(a) Gity agrees to require perrifs for all projecfs and improvements
requesting SCEIP financing. City shall charge its usual :and. customary fees for such
permits. City understandstnat County intends to rely upon'issoanpe of a rtnaled permit
as evidence:thaftne'improvements have been installed according to local building code
requirements by the propei-[y owner.
(b) pity agrees to make information about'SQEIP, provided 'by County,
available at;approp~iate locations in City, City'agrees ~o vrork•with..Countyto market the
Program through such means as inserting information into• City's utility bills, linking fo
the Program's website from City's vrEbsite, and' including infomation on the Program in
community ioforrnation bulletins. .
5. ADDiTIC<NAL REQUIREMENTS.
(a) Authority' to Amend Agreement: Changes to the Agreement may
be authorized only by vrritten. amendment to this Agreement, signed by the Designated
Representative of each parry or such other represehtative as is authorized by the
governing body of each p,ary. •
(b) No. Waiver of Breach: The waiver by any party of any breach of
any term or promise contained, in this Agr.Iement-shall eat be~d,eemed 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 Agreemenf:.
(e) Gonstcuction: 'To the fullest extent allowed bylaw, the provisions of
this Agreement shall be co.n~strued and given effect in a: manner that avoids any violation
of statute, ordinance, regulation, ,or .law. The Parties covenanf and agree that in the
event that any provision•of`this Agreement is held by a_,court of competent jurisdiction to
be invalitl, void, or unenfotceable, the remainder of the provisions hereof shall remain in
full force and effect and,shall'in noway be affected, impaired, or invalidated thereby.
(d) Making.of Agreement: The f?acties acknowledge that they have
each contributed to the making, of this Agreement and Ghat, in the event of a dispute
over the. interpretation .of this Agreement, the language of the Agreement will not be
construed agaihst one parry in favor of the other.. The. Parties ;acknowledge that they
have each had:an adequate opportunity to consult with cgunsel;in the negotiatibn and
preparation of this Agreement. '
(e) No Third-Party Beneficiaries: Nothingrcontained in this Agreement
• shall be construed to create and the parties do not intend to create. any rights in third'
parties:
Coopareivel'Hgrezmert to Implement sonoma County cnera~sindependence Program Page 3
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(f) Aoolicable Law and Forum: This. Agreement shall be construed
and interpreted according to the- substantive lave of California excluding the lavr of
conflicts: Any action to en~orce the terms of ihis Agreement or for he .breach thereof
.shall be brought and tried. in the County of Sonoma.
(g)' Captions: The captions in this Agreement are solely for
coriyenence of reference. They are not a part of this Agreement arid shall 15ave no
effect on its construction or interpretation,,
(h) Meurer. • This writing',is intended: both as; the final expression of the
Rgreement between the parties hereto ayith respect to "the included terms and as a
complete and exclusive statement of the terms :of the, Agreemept~ pursuant to Code of
Civil Procedure :Section 1:856, No modification 'of ~tfis Agreement shall be effective
unless and until such modification:is evidenced'by a writing signed,bYall parties.
(i) T:ime of ,Essence; Time is and shall . be of the essence of this
Agreement and' every provision hereof.
(j} 'Entire. Agreement: This .Agreement. is the entire Agreement
between the Parties.
6. AGREEMENT'BEGOMING.EFfECTfUE.
This Agreement shall become effective upon execution by the Parties.
7. TERMIMATIOIV.
Either Party :.may ;terminate its participatior in fhis Agreement by giving
one'hund~ed eighty (180). days aduancevrriiten notice to all other parties-of its intent to
terminate its participation: in this. Agreement. Termination shall npt_affect the va idity of
any contractual assessment agreement already enfered into by'the County within the
incorporated area of City:
'8. 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.
Cc+ope a'rd`z Agreement to Implement.5o~?ma Cpuny~ Energy Indep_nden~ Program Page 4
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IN~WITNESS 1NHEREOF, the parties hereto have executed this Agreement as
set forth below.
CITY/T01NN
B~f 1
Johri Brown, City Manager
2009-81
Authorized by Resolution No:
June 15,
Date: 2009 ,
1292318.1
Attest: t'X~~-~(..~_~ 1~_
City Clerk '
Approved s t form:
City Attorne '
GOB! 11 _ OIdOM
By:
Rodn A. le ~
Auditor-Contr a ~.2zsuret-7zz Colle~or
Progam~. Administrator,
SbnomaCounty energy Independence Program.
Approved as o form:
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Co my Counse
Coopzrtive Agre=ment io Implement Sonoma County Energy Independence Program
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