2009/04/14 City Council Resolution 2009-38RESOLUTION NO. 2009-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING A COOPERATIVE AGREEMENT WITH THE
COUNTY OF SONOMA TO IMPLEMENT THE SONOMA COUNTY
ENERGY INDEPENDENCE PROGRAM (AB 811)
WHEREAS, the City of Rohnert Park ( "City ") and the County of Sonoma
( "County ") are committed to the development of renewable energy sources and energy
efficiency improvements, a reduction of greenhouse gases, protection of the environment,
and reversal of climate change;
WHEREAS, City and County recognize the need for aggressive action and have
committed to reducing greenhouse gas emissions associated with their activities by
25 percent below 1990 levels by the year 2015;
WHEREAS, Chapter 29 of Part 3 of Division 7 of the California Streets and
Highways Code 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 affixed to their property through a contractual
assessment program;
WHEREAS, pursuant to state law and County Resolution No. 09 -0271, County has
established the Sonoma County Energy Independence Program ("Program ");
WHEREAS; City has reviewed the Program Report prepared by the County that
outlines the policies, initial list of eligible improvements, administration, and financing of
the Program; and
WHEREAS, City and County believe that property owners within the City should
have the opportunity to participate in the Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park that it does hereby affirm County Resolution No. 09 -0271, which established
the Program, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the City consents to the inclusion of
properties within its jurisdiction in the Program.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute the
Cooperative Agreement in a form substantially similar to the agreement attached hereto as
.Exhibit `B."
DULY AND REGULARLY ADOPTED by the City Council of the City of
Rohnert Park this 14th day of April, 2009.
ATTEST: CITY OF ROHNERT PARK
41S.
bty Clerk ayor
C�Ll ORNlp BELFORTE: AYE CALLINAN: AYE MACKENZIE: AYE
STAFFORD: AYE BREEZE: AYE
1180103v1 80078/0012 AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
T14E WITHIN INSTRUMENT IS A CORRECT COPY
OF THE ORIGINAL ON T=ILE IN THIS OFFICE.
ATOT: APR - 9 2009
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Sonom
DEPUTY
BY
#45
RESOLUTION NO. 09-0271
Dated: March 25, 2009
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE 'COUNTY OF
SONOMA MAKING CERTAIN FINDINGS AND DETERMINATIONS; APPROVING
THE REPORT OF THE SONOMA COUNTY AUDITOR-CONTROLLER-
TREASURER -TAX COLLECTOR, ACTING AS PROGRAM ADMINISTRATOR OF
THE*COUNTY'S ENERGY INDEPENDENCE P "ROGRAM; IN CONNECTION WITH
THE PROPOSED ESTABLISHMENT OF A CONTRACTUAL ASSESSMENT
PROGRAM PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7 OF THE
CALIFORNIA STREETS AND HIGHWAYS CODE; ESTABLISHING" A PROGRAM
TO FINANCE DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES
AND ENERGY EFFICIENCY IMPROVEMENTS; CONFIRMING ASSESSMENTS
TO BE LEVIED WITHIN THE PARAMETERS OF THE REPORT; EXTENDING THE
ALTERNATIVE METHOD OF . PROPERTY TAX ALLOCATION TO
ASSESSMENTS LEVIED UNDER THE PROGRAM; MAKING CEQA FINDINGS;
AND TAKING CERTAIN OTHER ACTIONS
RECITALS:
WHEREAS, on March 3, 2009, the Board of Supervisors adopted its Resolution
No. 09 -0184 (the "Resolution of Intention "), declaring its intention to finance distributed
generation renewable energy sources and energy efficiency improvements .through the
use of contractual assessments pursuant to Chapter 29 of Part 3 of Division 7 of the
California Streets and Highways Code (the "Act "); and
WHEREAS, the Resolution of Intention directed the Sonoma County Auditor -
Controller- Treasurer -Tax Collector ( "Program Administrator ") to make and file with the .
Clerk of the Board a report (the ".Report") in accordance with Section 5898.22 of the Act
and the Program Administrator has fled the Report with the Clerk; and
WHEREAS, the Resolution of Intention set the.time and place for a hearing on the
proposed . Sonoma County Energy Independence Program ( "SCEIP" or "Program ") as
described in the Report; and
WHEREAS, the, Resolution of Intention described the proposed arrangements for
funding the Program, including certain parameters in the event that improvement bonds
will be issued pursuant to Streets and Highways Code Section 5898.28 to represent
assessments; and
WHEREAS, on March 24, 2009, following notice duly given in accordance with
law, the Board of Supervisors held a full and fair public hearing which was continued to
EXHIBIT A
March 25, 2009, at which interested persons were afforded the opportunity to object to,
inquire about or provide evidence with regard to the proposed Program or any of its
1 particulars, including the extent of the area proposed to be included within the Program,
the terms and conditions of the draft assessment contract (described below), or the
proposed financing provisions; and
WHEREAS, the Report contains (a) a map showing' the boundaries of the
territory within which the-Program is proposed to be offered, (b) a draft application for
participation in the Program (the "Application "), (c) a draft assessment contract (the
"Contract ") specifying the terms and conditions that would be agreed to by a property
owner and the County for participation in the Program, (d) a statement of county policies
concerning contractual assessments including: (1) identification of types of facilities,
distributed generation renewable energy sources, or energy efficiency improvements that
may be financed through the use of contractual assessments (the "Authorized Equipment.
List "), (2) identification of a' County official authorized to enter into contractual
assessments on behalf of the County, (3) a maximum aggregate dollar amount of
contractual assessments, (4) a method for setting requests from property owners for
financing through contractual assessments in priority order in the event that requests
appear likely to exceed the authorization amount, (e) a plan for raising a capital amount
required to pay for work performed pursuant to contractual assessments, (f) a statement
of or method for determining the, interest rate and time period during which contracting
property owners would pay any assessment, (g) the establishment of any reserve fund or
funds, (h) the apportionment of all or any portion of ,the costs incidental to financing,
administration, and collection of the contractual assessment program among the
consenting property owners and the County, and (i) a report on the Auditor - Controller's
costs for posting the assessment to the property tax roll; and
WHEREAS, this Board of Supervisors, having considered all oral and written
testimony, desires to approve the Report and proceed with the establishment of the
Program;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND -
ORDERED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
SONOMA AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. The Board of Supervisors declares that the Report as filed is hereby
approved.
Section 3. The Board of Supervisors hereby establishes the Sonoma County Energy
Independence Program ( "SCEIP" or, "Program"), and directs that the Program be
implemented as provided in the Report and in accordance with state law.
Section 4. The Program Administrator is authorized to designate one or more
designees to perform the . functions of the Program Administrator as he deems
appropriate.
Section 5. The Board hereby confirms the contractual assessments to be levied within
the parameters of the Report.
Section 6. The Program Administrator is hereby directed to file with the County
Auditor's Office and to revise, as appropriate, a list of the parcels for which the County
and a property owner have entered into an assessment contract (each, an "Assessment
Contract ") pursuant to the Program.
Section 7 The Board hereby appoints and designates the Program Administrator to
perform the duties and functions of the Superintendent of Streets for purposes of Streets
& Highways Code section 3100 et seq., in connection with the Program.
Section 8 Upon adoption of this Resolution, the Clerk of the Board is hereby
directed to cause to be recorded in the office of the Program Administrator, as designated
Superintendent of Streets, and in the office of the County Recorder of the County -.of
Sonoma an assessment diagram as provided by Section 3114 of the California Streets and.
Highways Code.
Section 9. - After recording in the office. of the Sonoma County Recorder an
assessment diagram pursuant to Section 8 hereof and prior to any disbursement pursuant
to an Assessment Contract, the Clerk of the Board is hereby directed to cause to be
recorded in the office of the County Recorder. of the County of Sonoma a notice of
assessment, as provided by Section 3114 and Section 5898.32 of the California Streets
and Highways Code, for each contractual assessment entered into.
Section 10. Pursuant to the California Environmental Quality Act ( "CEQA ")
Guidelines section 15378(b)(4), adoption of Program is not a "project" subject to the
requirements of CEQA, because it is the creation of a government funding mechanism
which does not involve any commitment to any specific project. The Clerk of the Board
is directed to post a Notice of Exemption in the form required by law.
Section 11. Pursuant to Revenue & Taxation Code section 4702.5, the Board hereby
elects to extend the Alternative Method of Property Tax Allocation ("Teeter Plan") to
assessments levied pursuant to the Program.
Section 12. The Program Administrator is hereby authorized and directed to do all acts
and things which may be required of him by this Resolution, or which may be necessary
or desirable in carrying out the Program as described in the Report, and all matters
incidental thereto, including without limitation, to make clarifying changes to the Report
as provided for therein; after consulting with County Counsel, to modify the draft
Application and the draft Assessment Contract; and to modify the eligible Improvement
List as deemed necessary after consulting with other County or Sonoma County Water
Agency staff.
1 .
SUPERVISORS:
BROWN Ave KERNS Abe ZANE �y� CARRILLO Aye KELLEY Absent
Ayes 4_ Noes Absent „ 1 Abstain
SO ORDERED.
DRAFT
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 committed to
reducing GHG emissions associated with their activities by 25% below 1990 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 No. 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.
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 together to consider those preferences.
The Parties agree as follows:
1. RECITALS
The above recitals are true and correct.
2. COMMUNICATION /DESIGNATED REPRESENTATIVES
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:
Cooperative Agreement to Implement Sonoma County Energy Independence Program 1
EXHIBIT B
County
ect
Phone:
Fax:
Email:
City/Town
Phone:
Fax:
Email:
Designated Representative:
3. COUNTY RESPONSIBILITIES.
A. Except as provided 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.
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
with [City /Town] to attempt to otherwise address [City /Town]'s desires.
4. CITY/I'OWN RESPONSIBILITIES.
A. [City /Town] agrees to require permits for all projects and improvements requesting
SCEIP financing. [City/ Town] shall charge its usual and customary fees for such
permits. [City /Town] understands that County intends to rely upon issuance of a
finaled permit as evidence that the improvements have been installed according to
local building code requirements by the property owner.
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 Programs website from [City /Town]'s
website, and including information on the Program in community information
bulletins.
Cooperative Agreement to Implement Sonoma County Energy Independence Program
5. 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.
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 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.
I. Time 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 BECOMING EFFECTIVE
This Agreement shall become effective upon execution by the Parties.
Cooperative Agreement to Implement Sonoma County Energy Independence Program
7. TERMINATION
Either Party may terminate its participation in this Agreement by giving one hundred
eighty (18 0) 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].
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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as set forth below.
CITY/TOWN
In
Mayor
Authorized by Resolution No.
Date:
Attest:
City /Town Clerk
Approved as to form:
City Attorney
COUNTY OF SONOMA
Rodney A. Dole
Auditor - Controller - Treasurer -Tax Collector
Program Administrator, Sonoma County Energy
Independence Program
Approved as to form:
County Counsel
Cooperative Agreement to Implement Sonoma County Energy Independence Program 4