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RESOLUTION NO. 80-31
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF UKIAH AUTHORIZING ESTABLISHMENT OF
JOINT POWERS AGENCY FOR SOLAR UTILITY
DEVELOPMENT
WHEREAS, the Cities of Ukiah, Palo Alto, Bakersfield, San
Dimas, Santa Monica and Oceanside are mutually desirous of inves-
tigating the feasibility of establishing solar utilities, and
WHEREAS, the City of Ukiah has mutual interest in deciding
ll upon and implementing various methods to serve the interests of
its residents and to conserve the nation's energy resources, and
WHEREAS, funding for necessary studies and gathering of data
is available through the California Energy Resources Conservation
and Development Commission and the United States Department of
Energy, and
WHEREAS, the most productive and economical utilization of
such funding is by joint effort between the aforementioned cities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Ukiah does authorize the Mayor and Clerk to execute the
Joint Powers Agreement between the cities and approves the estab-
lishment of the California Solar Utility Development Authority.
Said agreement attached hereto and made a part of this
resolution.
PASSED AND ADOPTED this 7th day of November , 1979
by the following roll call vote:
AYES: Councilmembers Hickey, Myers, Simpson, Mayor Snyder
NOES: None
ABSENT: Councilman Brannon
ATTEST:
MAYOR ~,t ~'
/]
tlTY CLERK
/~,t) "':' n'
o.,,~ L?AS,.,,..,t'A HUH[CA "~'
,,c,,: ~G I't~E CALII:ORr4IA SOLid< UTiLiTY DEVELGPklE~iT A~JT~OkITY
SolaF O'Ffice
October 19, 19/9
This agreement, dated , , between the cities of Ukiah, Palo Alto,
, .
a.,,,~ Ocean_-: ._ · -
e ..... ~,~nlcn i~- a mun4ri~.~l
makarsfie;d, '_.an Di.-.:as, _-~;~ ::..;,:ca,
corporation of the State of California.
Whereas, the ~arties in this agreement have a mutual interest in deciding upon and
implenenting various methods of establishing solar 'utilities to serve the
interests of the residents of their respective communities, and to conserve the
·
nation's dwindling fossil fuel resources, and
Whereas, the authority contemplates receiving fUnds through the.California
Energy Resources Conservation and Development Commission and the United States
Depar;um..ent of Energy with a contribution from each particiFating jurisdiction in
personnel staff time devoted to the project, and
Whereas, by this agreement, the parties hereto intend to jointly axercise their
powers to accomplish common ~bjectives.
·
Now, therefore, the parties hereto for and in consideration of -the n:utual L'neFits,
premises and agreements set forth herein do agree as follows-
Section 1. Purpose
This agreanent is made pursuant to the provi,;ic, r,~ t:..f Articl~- !, [i,~:;';..:_'-r 5, I)ivis'ion 7,
Title 1 of ti~.~ Gov~rnnle~lt Coda'of tl~.e State of Cali'for,'~ia (cc~::~::,.-_'r, clng with
·
Section 6500, hereinafter cal]e¢', "Act") relating to the joint exercise o'f powers
come,on to public agencies. Each of the c'il:i:::s m.~n~:je:n, ed abr_,ve possess the power
referred to in the recital hereof. The purpose of th~s agreement is to study,
implement, and provide for solar utility services /[;at wi]l best serve the
residents and businesses within each of t~-''::= F,a~f~...ci~_.~,~i~g juri_~dic~ions.
Section 2. Term
This agreement shall become effective as of the date hereof and shall continue in
force and effect Until terminated by the parties hereto. Any individual city may
Withdraw 'from this agreement by giving thirty '(30) days written notice to the
Authority.
Section 3. Authority
A. Creation of Authurity
Pursuant to Section 6506 of the Government Code, there is hereby created a
public entity separate and apart from the parties hereto to be known as the
"California Solar Utility Development Authority". Said Authority shall be a
public entity separate and apart from the cities which are a party to this
agreement. The Authority camotrequire the parties to-contribute money or
services to the Authority without the consent of the legislative body of each
party so contributing.
B. Board of Directors
The Authority shall be §overened by a board of directors composed of six
hers, each serving in hi.,/I~ur individual capacity as members o[ the gov-erning
.:~',.~ of: ~:~e Aughority and shall s'~r,, ve wi~hou~ comc;.er~s.nCioi] Une member
. "~.' =,~.!~ '~f t:i::~ ci,~i~s p,-]rticip~eting in tl-,is agre,~men~. Each
's,,-:: ...... i;'~?J to c ,.~.e. H~,ibers appointed by the city council
sFall :;e'-~,,~ at th;? ;;team"ute cf '"~ ' '
...... ~.c ap~o]r:~i=g bud7 and ut~til their respect:ve
succ~=ssor-s a~-e appointed --.'
, d;~m cu~!ified Each pa
- - ~, to this agre ..... ~
, · ~,n=n~ shall
anpcint an al ...... ~
,.er~,~=te m~atar w~ shall ke a. delega,.e oF th~ ~overnmental en~ity
shal~ be en'~itled to vote at any duly authorized meeting in the absence oF the
liaison to the California Energy Ca~:mission as
~F~.fied in Section lO
:,
Mee'tlngs of the Board ..
1. Regular Meetings
·
The governing body shall provide for its regular meetings; provided, how-
e~er, that it shall hold at least one (1) regular meeting each calendar quarter.
The date, hour, and place of the holding of the regular meeting shall be fixed
by resolution of the governing board, and a copy of such resolution shall
be filed with each party hereto.
2. Ralph M. Brown Act
AIl meetings of the governing board of the Authority, including without
limitation, regular, adjourned regular, and special, meetings, shall be
called, noticed, held, and conducted in accordance with the provisions of
the ~ph u ~ , ·
....... ~ro~rl Acc (commencing with Section 54950 of the Government
Code).
..
3. Minutes
The Secretary of the Authority shall cause l~o be kept minutes of the
regular, adjourned regular, and special meeting's of the governing board
arid shall, as soon as possible after each meeting, cause a copy of the
minu~es to be ferwarded to each member of the governing beard and to tie
cities.
A r~ :'~,ri Gf "' '
...... ,~ ~ ty oil~' Iii
....... =rs oF the board oF directors present at a meeting
s~all c,..-~r;.~'~tute a qu ....... ,~ t:ransac,.~o~: busi,,~ss, ex~-,,* that a
~ o~.,',, for
.~,.,or rtu,$:ber may adjet~rn for lacl,, of a
D. Officers
The vc~..": shall ei.-'~t a c,'qaincan ~,' '
,~an at its first ~ee~in§ and
thereafter at the first meeting held in each succeeding calendar year the
board shall elect or re-elect its chairman and vice-¢hain2,an.
In the event that the chaiman or vice-chairman elected ceases to be a m~ber,
the resulting 'vacancy shall be filled at the next regular meeting of the board
held after such vacancy occurs. In the absence or inability of the Chairman
to act, the vice-chairman shall act as chairman. The chairman, or in his/her
absence the vice-chairman, shall preside at. and conduct all meetings of the
board. The treasurer of the City ef Bakersfield ska!l be and act as the
treasurer of the Authority. The director cf Finance of the City of Bakersfield
shall be and act as controller of the Authority. The ,secretary may, but need
not be a member of the governing board.
Section 4. Powers
The Authority shall have the powers common to the cities as set forth in Section 1
of this agre~nent, to wit- acquiring such information as may be necessary and
required for the installation of solar utility facilities in the cities which are
members of this agree~,ent, including letting contracts to develop inform, ation leadin§
to the adoption of implementation plans in each of the cities. The Authority is
hereby authorized, in its own name, to do all acts necessary for the exercise of such
·
cc~,'m, 3n power for such purposes, including-but not limited to any of the following-
·
Lo acquire, develop and ma inLa~n da,~a and 'i~ '- .. , ~_ -
, '~,f,-~'~;~[t~On qer;~:ine to the cav~lc;:
ayre~lenL, to ltold or disposa of pi'ois, erky; to incu~ (':~b~, l'[.:b'iliti~s, or
and have the powe~ to sue and to be sued in i bs own name. Such powers shall be
exercised in the n:anna'r providad in the Act, arid, except, as expressly set
herein, subject only to such ras[rictions upon [he manner of ~ercising such F':..ecs
as are imposed upon the affected cities in the excepcise of sin]ilar po,xers..
withstanding ~he generality of the foregoing, the Authority shall have no power to
bind an~ of the cities to an2 monetar~ ob]igakion whatsoever o~he~ than ~hose
~press]y authorized by the mutual consent of all m~be~ cities.
Section 5. Parties' Liability
Each party to this agreement, whether individually or collectively, does not
assume, nor shall a party be deemed to assume liability for-
A. Any act or cmmission of the California Solar Utility DeveloFaent.Authority or
any act or ¢~mission of t,he Authority's agents or employees.
B. The payment of wages, benefits, or other compensation to officers, agents,
or employees of the Authority.
C. The payment of '~orker's compensation or 'indemnity to agents or employees o
Authority for in.jury of or illness arising out of the performance of .this
agreement..
Each party to this agreement, including the Authority, agree's to indemnify, defend
and hold has, less, each other party from any claim, demands or liability cause~ in
part cr inwhole by the act cr o~missigns of the i~den~ni'Fying partfes, officers,
¢~¢lo',,ees,. or agents, arisir, g ou~,. of th~s agr._~,,~ent.-~'
Seckion C. Finarcing - Fiscal Year
,' :: I" , '? ~f ~
,., [:: gra:~:~-~::, ~i~. ,::..',::~ ",'i::;:::i ~.'.-.~r" sh..~l" ~':.e.:-~ the
asr'.:,,.~:~en~, t:,_~ Feriod Fre~a J~iy 1 to ~:,~J 'i,qc]u,:l~.q!!, ' c~ie" Fo;!oMng" dune' '30.
Section 7. Disposition of Assets
Upon the termination of this agreeme~t, any property acquired by the Authority shall
returned to CEC, or shall be disposed of in accordance with applicable law. To the
~.:,:~ ~:::~ such property ni~v be ols~-~ .... '~ '
_ .._. ~ ,bu=~,-: ~o e~ cit~a~ ,,,,~:,ch are part, es ~o this
aqre~ent, the same shall be distributed in proportion to the:contribution made by ea:h
pursuant to this agreement.
Section 8. Assistance to Authority
The parties may, in appropriate circumstances: (a) make contribution from their
treasuries for the purposes set forth herein, (b)'make advances of p.ublic funds
to defray the' cost of such purposes, (c) make advances of public funds for such
purposes, such advances to be repaid as provided herein, or (d) use their
personnel, equipment, or property in lieu of other contribution or advances. Such
sums shall be paid to and disbursed by the Authority. The provisions of Government
Code Section 6.513 are hereby 'incorporated into this agreement.
Sec~.ion 9. Accounts and Reports
The controller of the Authority shall establish and maintain such funds and accounts
·
as may be required by good accounting practice. The books and records of the Authority
in the hands of the controller shall be open to inspection at all reasonable times
by representatives of the parties. The controller of the Authority, within 180
days after the close of each fiscal year, shall give a complete written report of
all financial activities for such fiscal year to Authority and the .parties.
^. !":~ceive c,.n4 ~'eceipt .for a11 r~c:-~y of Au~-!',,.~rity end ply, ce Ct in the CJty of
~ * ._ r::asury 'Lo the c~'edi,, o~ "~.i~or~y.
[;a k.~rofi-l',J 't ~ ,..
B. ~e responsible upon l~-is/,har o~'ficial ~.or:d for the safekeeping a~d disburse-
n;ent of all ~,uthority a;eney so hel~' '
~, by h'~/her.
C. Pay any other sums due from Aut~ori-ty n~cney only upon ~,~arrants
of the cen'~o~:~ cf Authority, a~d
D. Verify and report in ~vriting cn the first day of July, October, January, and
~pr.il of each year to 2.~thority a~d te the parties to this agreement, the amount
of money he/she holds for Authority, the amount of r6Ceipts since his/her
last report, and the amount' paid out since his/her last report.
Section 10. Development of Solar Utility Imp]ementa~0n plans ............. : - ,
Each of the cities as parties to this a§reem6nt, will investigate at least two
options suitable for preseni~ation to the city council, for the establis~.ment of
a solar utility (~U) to promote active solar hot water systems and other solar
energy options for the city.
· ..
ImPlementation plans outlining the proposed SU fomats as described belo~ for each
.
jurisdiction'detailing the organization, operations, and marketing of the SU will
include a proposed resolution of fi;ancing, ~aari<e'c, le§ai product price and
service issue as developed under the terns of ~'
~,,1 s agre~nent.
..
·
Once adopted by the city council, the implem;entation plans will represent the
first step of an orderly implementation of an SU program, and will detail each
increm...ental activity in the establisY~ent of an SU format appropriate to meet
the needs and desires of the con'~munity.
Further, each city, as para of this agre~:~ent, will-
t Appo~n~ ~'.~ s~aff n~--~,~er ~ s~r',,,~ as ~ ...... ~
..... : .... .,;..:ct n'.~nz,u:~r and serve as liai:~:gn
· , ,
Provide access to, a~d staff a~sis,t:.~.~ce iii de,/~::lo~ing a.:~.J gaLherin§ local
da~a required by 't.i]e [~er.cl,y. C~.~,~l.ission~ consulted:ts i~,,~,ica~ed' ~ during t,qa'
cievel~.p~]en~ of ~he i[;lple~en~a ~i~rl "l
Participate in regularly scheduled Catifor[~ia Solar Utility I]evelopment
Au~;n.~ri ty Activities.
Prepare an evaluation of consultan-t perfornlance for all consultant
contractors uti!izeJ by the city and funded through the Authority in
l~he development of the city's SU implementation plan.
In addition, s:aecific studies relating to the develoFment of solar utilities
within each jurisdiction include the following-
The City of Bakersfield agrees to consider the possible developnent of a solar
utility which will utilize the com, munity's existing' redeveloFment agency and
·
housing programs if otherwise feasible, will include implementation plans that
provide tools, materials amd training for iocal community groups as one of the alter-
native implementation plans to be developed under the terms of this agreement.
The City of Oceanside agrees to consider the possible development of a solar utility
which will examine the ability of pu'blically owned or maintained buildings to be
retrofitted. They may include but are not limited to, schools, hospitals, office
-
buildings, warehouses, garages, dormitories, public ~,ousing, or any other facilities
owned and maintained by a public agency or non-profit corporation.
The City-of Palo Alto agrees to consider the possible develoFment of a solar
·
utility which utilizes and builds upon the city's present conservation progra.qs
·
and role in the Northern California Pa,'er Authority; and provides a "brokering" role
in the community as one of the alternative in'ple~ent:~.tion plans to be develon.~d
unuer the 'terms of this agreement, l]ro~ering may include services such as
prcs~'..'..,,iz, f'<,r ti're resi,~enLial -s well
.- ~,,,,~erci.~.l ~nd industrial sectors.
.... . , - . ~,,e [~oss~hle davelofiment of a solar
utility under a joint powers arrangement with other cities, and if otherwise
feasible will incl,Jd= implementation pla. ns for a "join~ powers au~,orl SU as
=e l==st one of the altern:~~ p!
.... ........ ~,,ve im ~entati~,~,~ u~n~- to h~ develo~.==~ under ~ ....
terms of this agreement.
The City of Santa Monica agrees to consider, the possible'develoFment of a solar
utility which will be specifically'addressed to multi-family residential housing,
and if otherwise feasible, will include implementation plans of a comZnunity develoF~nent
corporation, or other similar or§aniza[ional fomat for the SU as at least one of
the alternative impl~nenta'~ion plans to be develope'd under the tenThS ,bF this agreement.
·
The City of Ukiah agrees to consider the possible development of a solar
utility which integrates existing and future plans for conservation and other
alternative energy programs (sponsored by the Northern California Power Authority
and funded by the California Energy Commission) as one of the alternative impl.a~en-
ration plans to be developed under'the terns of this agreement.
Section ll. MiscellaneouS
The section headings herein are for convenience only and are not. to be construed
as modifying or governing the language in the section referred to.
Where reference is made in this agreement to controller cr treasurer indicating
specific duties to La under~-~''
~en by said officers, said of'ricers r.:ay independently
...... ,. i:':i 1., r ,',u ~:y.
l't~'f s aq, e_.,,<.~n ~_ is ma in the. S~ ~,. of Cal ii:orr$ia, und-~.r ~h~: Cons'~f,~ution~ ,~:!d' !~..",,'~:
of such stal;e ~,~,d is te be so construed.
Section 12. Severability
Should any part, term, port,on, or provision o'F this agreement or the apPlicatien
~ereof ~,~ ,~ kerr_.' t~ ' ~ '- ' '
~:: to a p. erson or ~ ........st2r, ce, ~ ,
any law of the StaLe of California or otherwise be rendered unenforceable or
ineffectual, the validity of the r~aning parts, terms, portions, or provisiot]s,
or the application thereof to other persons or Circumstances shall be m:~:,~
severable and shall not be effected thereby, provided such r~aining portions or
provisions can be construed in substance to continue to consititute the agree'
ment that the parties intended to enter into in the first instance.
Section 13. Successors
This agreement shall be binding upon and shall inure to the benefit of the
successors of the parties hereto.
It witness thereof, the parties hereto have caused this agreement to be executed
and attested by their proper officers thereunto duly authorized, and their
official seals to be hereto affixed, as of the day and year first above written
'Ifil CITY C,;:" [:,"',K[ I~.Si.
, UJ'.: .........
AT T.',.~ ST-
TFE CiTY OF OCE£,;i*' ? c
APPROVED AS TO FO?~M·
ATTEST-
THE CITY OF PALO ALTO
37 Cierk '
APPROVED AS TO FORM-
~:ayor
City Attorney
ATTEST-
THE CITY OF SAN DII, IAS
APPP, OVF. D AS TO FOF~',!-
12
ATTEST·
THE CITY OF UKIAH
City C1 erk _ Hattic M Tillotson
Mayor ~ Mary E. (~4nyder
APPROVED AS TO ~ORM'
City Attorney
ATTEST"
THE CITY OF SANTA MONICA
City Clerk
By
Ilayor
APPROVED AS TO FORM'
City Attorney