2020/07/28 City Council Resolution 2020-071 RESOLUTION NO. 2020-071
A RESOLUTION OF THE COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AMENDMENT NO. 1 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 TO FINANCE SEISMIC STRENGTHENING
IMPROVEMENTS AND WILDFIRE SAFETY IMPROVEMENTS THROUGH THE
SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM
WHEREAS, on April 14, 2009, By Resolution No. 2009-38, the Council approved a
Cooperative Agreement to Implement Sonoma County Energy Independence Program with the
County of Sonoma to allow property owners within the incorporated area of the City 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,the City of Rohnert Park has been actively involved in promoting and cross
marketing SCEIP as a key funding tool in helping Rohnert Park 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2019 and repealed January 1, 2029, which authorizes certain public agencies to designate an area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 make the
County more resilient to seismic and wildfire events; and
WHEREAS,the County's expansion of SCEIP took effect on October 9, 2019; and
WHEREAS, this Council desires to allow property owners within the incorporated area
of the City to finance Seismic Strengthening Improvements and Wildfire Safety Improvements
through SCEIP.
NOW, THEREFORE, BE IT RESOLVED that the Council finds and declares all of
the following:
1. The Council finds that properties in the City's incorporated area will be 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.
3. The Council approves Amendment No. 1 to Cooperative Agreement to Implement
the Sonoma County Energy Independence Program.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed
to take all actions to effectuate this agreement for and on behalf of the City of Rohnert Park,
including execution, if necessary, in substantially similar form to the agreement attached hereto
as Exhibit "A," subject to minor modifications by the City Manager or City Attorney.
DULY AND REGULARLY ADOPTED this 28th day of July, 2020.
CITY OF ROHNERT PARK
Joseph . Callinan, Mayor
ATTEST:
Sylvia Lopez uev s, cting ity lerk
Attachment: Exhibit A
AI)AMS: Q BELFORTEAR0F STAFFORD: MACKENZIE: e CALLINAN:
AYES: (I.l ) NOES: ( 90 ) ABS NT: ( I ) ABSTAIN: ( )
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Resolution 2020-071
2
AMENDMENT NO. 1 TO THE COOPERATIVE AGREEMENT TO IMPLEMENT
SONOMA COUNTY ENERGY INDEPENDENCE PROGRAM
This Amendment No. 1 to Cooperative Agreement to Implement Energy Independence Program
(“Amendment”) is made and entered into on 28 day of July, 2020 by and between the County of Sonoma
(“County”) and the City of Rohnert Park (“City”).
A. On April 14, 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. 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”).
C. 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”).
D. 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.
E. The County’s expansion of SCEIP took effect in January, 2020.
F. 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:
1. 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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IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as set forth below.
CITY OF ROHNERT PARK:
City Manager
Date
APPROVED AS TO FORM:
City Attorney
Date
COUNTY OF SONOMA:
SCEIP Program Administrator
Date
APPROVED AS TO FORM:
County Counsel
Date