HomeMy WebLinkAbout23347 RESOLUTION NO. 23347
A RESOLUTION OF THE CITY COUNCIL OF CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
IMPLEMENTATION AGREEMENT AUTHORIZING THE
COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS TO IMPLEMENT, MANAGE AND
ADMINISTER A PROPERTY ASSESSED CLEAN ENERGY
(PACE) PROGRAM. A6371.
WHEREAS, the City of Palm Springs (the "City") is a party to the Coachella
Valley Association of Governments Joint Powers Agreement dated on or about
November, 1973, as amended and restated on June 26, 1989, and as further amended
and restated in 1998 (collectively, the "Joint Powers Agreement") pursuant to which the
Coachella Valley Association of Governments ("CVAG") was formed to assist its
members in coordinating and improving the planning and delivery of governmental
responsibilities common to all member entities within the local region; and
WHEREAS, the Joint Powers Agreement provides that six or more members of
CVAG, or if approved by the CVAG Executive Committee, two or more members of
CVAG, may execute an implementation agreement for the purpose of authorizing CVAG
to implement, manage and administer area-wide and regional programs in the interest
of the local public welfare; and
WHEREAS, the City has determined that it is in the best interests of the City and
is beneficial to its residents to execute and deliver an implementation agreement (the
"Implementation Agreement") authorizing CVAG to implement, manage and administer
one or more clean energy programs (each, a "Clean Energy Program"):
(1) by forming a community facilities district within the jurisdictional
boundaries of the parties to the Implementation Agreement and
levying special taxes therein to finance the acquisition, installation,
and improvement of energy efficiency, water conservation, and
renewable energy improvements permanently affixed to or on real
property and in buildings, whether the real property or buildings are
privately or publicly owned, all in accordance with the Mello-Roos
Community Facilities Act of 1982 as amended, including as
amended by Senate Bill No. 555 (Statutes 2011, chapter 493) ("SB
555") and other state laws; and/or
(2) by forming an assessment district within the jurisdictional boundaries of
the parties to the Implementation Agreement and levying special
assessments therein to finance certain energy efficiency
improvements as provided by AB 811 , enacted by the State
Legislature on June 30, 2008, and codified at Streets and Highways
Code sections 5898.10 et. seq. ("AB 811"); and
Resolution No. 23347
Page 2
WHEREAS, the Implementation Agreement authorizes the CVAG Executive
Committee, in its sole discretion, to determine whether to establish a Clean Energy
Program under SB 555 or a Clean Energy Program under AB 811 on behalf of the
parties to the Implementation Agreement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council (the "Council') finds and determines that the
foregoing recitals are true and correct.
Section 2. The form of the Implementation Agreement as presented to the
Council is hereby approved. The City Manager (or his or her designee) is hereby
authorized and directed to execute and deliver the Implementation Agreement on behalf
of the City, which shall be in substantially the form presented to this meeting, with such
changes therein, deletions therefrom and additions thereto as the Finance Director of
the City (or his or her designee) and the City Attorney of the City shall approve, which
approval shall be conclusively evidenced by the execution and delivery of the
Implementation Agreement.
Section 3. The Finance Director of the City (or his or her designee) and such
other City officers and employees, as appropriate, are hereby authorized and directed,
jointly and severally, to do any and all things, and to execute and deliver any and all
documents, which any of them may deem necessary or desirable in order to implement
the Implementation Agreement and otherwise to carry out, give effect to and comply
with the terms and intent of this Resolution; and all such actions heretofore taken by
such officers are hereby ratified, confirmed and approved.
Section 4. All consents, approvals, notices, orders, requests and other actions
permitted or required by the City in connection with the implementation, management or
administration of any Clean Energy Program under the Implementation Agreement after
the execution and delivery of the Implementation Agreement may be given or taken by
the Finance Director of the City (or his or her designee) and the City Attorney of the
City, without further authorization by this Council, and the Finance Director of the City
(or his or her designee) and the City Attorney of the City are hereby authorized and
directed to give any such consent, approval, notice, order or request and to take any
such action which such officers may deem necessary or desirable to further the
purposes of this Resolution.
Section 5. This Resolution shall take effect from and after its adoption.
To that end, the City of Palm Springs adopts this resolution approving the
implementation agreement authorizing the Coachella Valley Association of
Governments to implement, manage and administer a Property Assessed Clean Energy
Program.
Resolution No. 23347
Page 3
ADOPTED THIS 5T" DAY OF JUNE, 2013.
�i
David H. Ready Hager
ATTEST:
es Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 23347 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on June 5, 2013, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tenn Mills.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California