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Home My WebLink AboutCC RES 2013-26RESOLUTION NO. 2013-26 RESOLUTION OF THE CITY COUNCIL OF CITY OF PALM DESERT 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 Palm Desert (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 on June 16, 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; 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 interest 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"); 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, DETERMINED AND ORDERED by the City ,,,,,, Council of the City of Palm Desert, as follows: RESOLUTION NO. 2013-76 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 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. PASSED AND ADOPTED at a Meeting of the City Council of the City of Palm Desert held this 23rd day of May, 2013. AYES: BENSON, SPIEGEL, TANNER, and HARNIK NOES: WEBER ABSENT: NONE ABSTAIN: NONE ATTEST: -,�111111 RAC H LL D. KLASSEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA C.(2c--)CAN C. HAR IK, MAYOR 2 RESOLUTION NO. 2013-26 Attachment 2: CVAG List of Eligible Improvements: Ygrene Energy Fund List of Eligible Improvements. The following are the Eligible Improvements that will be available under the CVAG regional Clean Energy (PACE) PROGRAM. Additional and/or alternative improvements may be added on a case -by -case basis, by mutual agreement of both parties, or the list may be modified to comply with state law. i. Energy Efficiency. The following energy( (efficiency measures are approved for all building types: • Air Sealing and Ventilation • Air Filtration • Building Envelope • Duct Leakage and Sealing • Bathroom, ceiling, attic, and whole house fans • Insulation • Defect Correction • Attic, floor, walls, roof, ducts • Weather -Stripping • Home Sealing • Geothermal Exchange Heat Pumps • HVAC Systems • Evaporative Coolers • Cooler must have a separate ducting system from air conditioning and heating ducting system • Natural gas storage water heater • Tank -less water heater • Solar water heater system • Reflective insulation or radiant barriers • Cool roof • Windows and glass doors • U value of 0.40 or Tess and solar heat gain coefficient of 0.40 or less • Window filming • Skylights • Solar tubes • Additional building openings to provide additional natural light • Lighting • Energy Star listed (no bulb, only retrofits) • Pool equipment • Pool circulating pumps ii. Non-residential Building Measures. The following measures are allowed for commercial and non-residential buildings, in addition to all applicable energy efficiency measures listed above: • Occupancy -Sensor Lighting Fixtures • SMART Parking Lot Bi-Level Fixture • SMART Parking Garage Bi-Level Fixtures • SMART Pathway Lighting • SMART Wall Pack Fixtures • Task Ambient Office Lighting • Classroom Lighting • Refrigerator Case LED Lighting with Occupancy Sensors • Wireless, daylight lighting controls 3 RESOLUTION NO. 2013-96 • Kitchen Exhaust Variable Air Volume Controls • Wireless HVAC Controls & Fault Detection no iii. Solar Equipment. Eligible solar equipment for both residential and commercial properties includes: • Solar thermal hot water systems • Solar thermal systems for pool heating • Photovoltaic systems (electricity) • Emerging technologies — following the Custom Projects track and subject to CVAG approval. iv. Custom Projects. The below measures are examples of Custom Projects that will be considered for PROGRAM funding: • Building energy -management controls • HVAC duct zoning -control systems • Irrigation pumps and controls • Lighting controls • Industrial- and process -equipment motors and controls • Fuel cells • Wind -turbine power system • Natural gas • Hydrogen fuel • Other fuel sources (emerging technologies) • Co -generation (heat and energy) v. Water Conservation Measures: • Faucet aerators • Core -plumbing system • Gray -water system • Instantaneous hot-water heater • Recirculation hot-water system • Demand initiated hot-water system • Hot-water pipe insulation • Irrigation -control system • Irrigation system • Rainwater cistern • Low -flow showerhead • High -efficiency toilets • Demand water softener • Whole -house water -manifold system • Cooling -condensate reuse • Cooling -tower conductivity controllers • Deionization • Filter upgrades • Foundation drain water • Industrial -process water -use reduction • Pre -rinse spray valves • Recycled water source • Urinals, Waterless urinal iii NO um 011 4 PP RESOLUTION NO. 2013- 26 Attachment 3: Outline of Process & Projected Timeline for Formation of Regional PACE District Completed April 29 — Actions Taken by CVAG Executive Committee 1. Affirmed staff recommendation & RFP award 2. Approved Implementation Agreement — by 11:1 vote of member agencies 3. Approved Joint Representation Agreement - 4. Accepted and approved Cost Recovery Agreement In Process Month of May— CVAG staff will provide PACE program briefing to all Member Cities and the County of Riverside with Request for Review and Approval of Implementation Agreement May 9, 2013 — CVAG Energy and Environmental Resources Committee meeting May 13. 2013 — Technical Advisory Meeting (City Managers) - CVAG staff will provide PACE program briefing, and review of Third Party Administration (TPA) Agreement and Scope of Work/Exhibit A between CVAG and Ygrene June 3, 2013 — CVAG Executive Committee Meeting If the implementation agreement has been approved by CVAG member jurisdictions, then: 1. Approve Resolution of Intention to form a Clean Energy (PACE) District 2. Approve Third Party Administration (TPA) Agreement and Scope of Work/Exhibit A 3. Accept/approve Boundary Map for Clean Energy District 4. Approve local goals and policies relating to Clean Energy (PACE) District 5. Set Second Hearing Date - no less than 30 days and no more than 60 days after first hearing (Schedule special meeting of Executive Committee) June 24, 2013 — CVAG Executive Committee Meeting If implementation agreement is still being considered for approval by member jurisdictions as of the June 3 meeting, then the actions listed for completion at the June 3 Executive Committee meeting will be agendized for completion at the June 24 meeting. July 29? — Special Meeting of the CVAG Executive Committee (date to be determined) 1. Hold a public hearing regarding formation of a Clean Energy (PACE) District 2. Adopt Resolution of Formation establishing the District (minimum 30 days after adoption of Resolution of Intention to form a Clean Energy (PACE) District) 2. Adopt Staff Program Report ••-- 3. Authorize filing of Validation Action in Superior Court