HomeMy WebLinkAboutCC RES 09-34RESOLUTION NO. 09-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING ITS INTENTON TO AMEND
ENERGY INDEPENDENCE PROGRAM REPORT AND
ADMINISTRATIVE GUIDELINES PREPARED PURSUANT TO
SECTION 5898.22 OF THE CALIFORNIA STREETS AND HIGHWAYS
CODE AND SETTING A PUBLIC HEARING THEREON
WHEREAS, pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and
Highways Code (the "Act"), the City Council established its Energy Independence Program (the
"Program") to assist property owners with the cost of installing distributed generation renewable
energy sources or making energy efficient improvements that are permanently fixed to their
property; and
WHEREAS, in connection with the Program and as required by the Act, the Director of
the City's Office of Energy Management (the "Director") prepared a report (the "Report") in
accordance with Section 5898.22 of the Act; 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 contract (the "Contract") specifying the terms and
conditions that would be agreed to by a property owner and the City for participation in the
Program, (d) a statement of city 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 City official authorized to enter into
contractual assessments on behalf of the City, (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 City, and (i) a report on the
results of the consultations with the County Auditor -Controller's office; and
WHEREAS, on August 28, 2008, the City Council approved the Report
following a full and fair public hearing 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
particulars;
WHEREAS, the City Council now desires to amend the Report (i) to require
documentation of consent by a preexisting lender for any Program loan that is $30,000 or more, (ii)
to establish $100,000 as the maximum amount of any Program loan, (iii) to require fifty percent of
funds available for Program loans to be reserved for energy efficiency upgrades and retrofits, and
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RESOLUTION NO. 09-34
(iv) to make other changes that the Director or City Manager determines are necessary for
implementation of the Program;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The City Council hereby directs the Director to prepare and file at or
before the time of the public hearing described in Section 2 hereof with the City Council
proposed amendments to the Report as described in the Recitals hereto.
Section 2. The City Council hereby calls a public hearing to be held on June 25,
2009, at 4:00 p.m., or as soon thereafter as feasible, in the Council Chamber, 73-510 Fred
Waring Drive, Palm Desert, California, on the proposed amendments to the Report. At the
public hearing all interested persons may appear and hear and be heard and object to or inquire
about the proposed amendments to the Report.
Section 3. The City Clerk is hereby directed to provide notice of the public hearing
by publishing this Resolution once a week for two weeks, pursuant to Section 6066 of the
California Government Code, in The Desert Sun and the first publication shall not occur later
than 20 days before the date of such hearing.
PASSED, APPROVED AND ADOPTED this 21st day of May 2009, by the following
vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROBERT A. $ IF GEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA