CC Resolution 2013-026RESOLUTION NO. 2013 - 026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE FORM OF
AND AUTHORIZING THE EXECUTION AND DELIVERY OF
AN IMPLEMENTATION AGREEMENT AUTHORIZING THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
TO IMPLEMENT, MANAGE AND ADMINISTER ONE OR
MORE CLEAN ENERGY PROGRAMS AND DIRECTING
AND AUTHORIZING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the City of La Quinta ( "City ") is a party to the Coachella Valley
Association of Governments ( "CVAG ") Joint Powers Agreement dated on or about
November, 1973, as amended and restated on June 26, 1989, and as further
amended and restated on July 14, 1998 (collectively, the "Joint Powers
Agreement ") pursuant to which 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;
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;
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
Resolution No. 2013 -026
Clean Energy Programs
Adopted: May 21, 2013
Page 2
(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 " );
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, BE IT RESOLVED by the City Council of the City of
La Quinta, California, 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 Mayor (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 City Manager 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 City Manager 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 City Manager of the City (or his or her
designee) and the City. Attorney of the City, without further authorization by this
Council, and the City Manager (or his or her designee) and the City Attorney of the
City are hereby authorized and directed to give any such consent, approval, notice,
Resolution No. 2013 -026
Clean Energy Programs
Adopted: May 21, 2013
Page 3
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.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta
City Council held on this 21 st day of May, 2013, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
ABSENT: None
ABSTAIN: None
n trl" LL",.- -
DON ADOLPH, May
City of La Quinta, California
ATTEST:
SUSAN MAYSELS Vity Clerk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
M. KATHERINE JENSONVCity Attorney
City of La Quinta, Califo nia