Loading...
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