RPVCCA_CC_SR_2013_09_03_K_HERO_ProgramCITY OF RANCHO PALOS VERDES
MEMORANDUM
TO:
FROM:
DATE:
HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL
JOEL ROJAS, COMMUNITY DEVE~T DIRECTOR
SEPTEMBER 3, 2013 0
SUBJECT: PARTICIPATION IN THE CALIFORNIA HERO PROGRAM TO
ALLOW RESIDENTS AND COMMERCIAL BUSINESS OWNERS
THE OPPORTUNITY TO FINANCE CERTAIN ENERGY-
RELATED PROJECTS
REVIEWED: CAROLYN LEHR, CITY MANA~~
Project Manager: Leza Mikhail, Associate PlannerllAf""
RECOMMENDATION
Adopt Resolution 2013-_, consenting to the inclusion of properties within the City's
jurisdiction in the California Home Energy Retrofit Opportunity (HERO) Program, thereby
allowing residential and commercial property owners in the City to finance eligible energy
efficiency, renewable generation and water conservation improvements with low-interest
loans repaid through a property tax bill for residential and commercial property owners; and
approving an amendment to a certain Joint Powers Agreement related thereto.
BACKGROUND
Assembly Bill (AB) 811 allows local government entities to offer sustainable energy project
loans to eligible property owners who, through the creation of financing districts, repay the
loans through a voluntary assessment on their property tax bills. These programs are
commonly known as Property Assessed Clean Energy (PACE) Programs. In 2012, the
Western Riverside Council of Governments (WRCOG) developed a PACE program for the
property owners within its territory, which allows residential and commercial property
owners to finance the installation of eligible energy efficiency, renewable generation and
water conservation improvements with low-interest loans. This program is called the Home
Energy Retrofit Opportunity (HERO) Program. The HERO Program has been executed
successfully in the WRCOG, currently with more than 6,000 applications received. As a
result of its success, the Board of Directors of the South Bay Cities Council of Governments
(SBCCOG) recently agreed to partner with WRCOG to assist in the implementation of the
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HERO Program in our South Bay region. As described in the attached memorandum from
SBCCOG Executive Director Jacki Bacharach, in order for residents in the South Bay to
have the opportunity to participate in the HERO Program, their respective municipalities
must adopt a Resolution of Participation. Said Resolution is now being presented to the City
Council for adoption.
DISCUSSION
City Participation
In order for residential and commercial property owners in Rancho Palos Verdes to be
eligible to participate in the HERO Program, the City Council only needs to adopt the
attached Resolution of Participation. The Resolution of Participation provides authorization
for residents in Rancho Palos Verdes to coordinate with WR COG Staff to facilitate operation
of the HERO Program within Rancho Palos Verdes' jurisdictional boundaries. Entry into the
MOU contained within the Resolution of Participation would not preclude the City from
participating in other financing or PACE programs. Furthermore, adopting the Resolution of
Participation would not result in any fiscal impact, expenditure of Rancho Palos Verdes Staff
time, or liability to the City, as the HERO Program is administered by the WRCOG Staff.
HERO Program Eligibility
If a property owner chooses to participate in the HERO Program, the improvements to be
installed on the owner's property would be financed by the issuance of bonds by a joint
power authority (the WRCOG) that are secured by a contractual assessment levied on the
owner's property. Participation in the program is 100% voluntary. Property owners who wish
to participate in the program agree to repay the money through the voluntary contractual
assessment collected together with their property taxes. Listed below are some of the
benefits to property owners and the City by participation in the voluntary California HERO
Program.
Benefits to Property Owners
• Eligibility: ,In today's economic environment, alternatives for property owners to
finance renewable energy/energy efficiency/water efficiency improvements or
electric vehicle charging infrastructure may not be available. As such many property
owners may not have options available to them to lower their utility bills.
• Savings: Energy prices continue to rise and selecting in energy efficient, water
efficient and/or renewable energy model could lower utility bills.
• 100% voluntarv. Property owners can choose to participate in the program at their
discretion.
• Payment obligation stays with the orooertv. Under Chapter 29 of the Streets and
Highways Code of the State of California, a voluntary contractual assessment stays
with the property upon transfer of ownership. Even if there were private enterprise
alternatives, most private loans are due on sale of the benefited property, which
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makes it difficult for property owners to match the life of the repayment obligation
with the useful life of the financed improvements. Certain mortgage providers will,
however, require the assessment be paid off at the time the property is refinanced or
sold.
• Prepayment option. The property owner can choose to pay off the assessments at
any time, subject to applicable prepayment penalties.
• Customer oriented program. Part of the success of the program is the prompt
customer service.
Benefits to the City
• Potential increase to jobs related to energy efficient, water conservation and
ren~wable energy improvements offered through local contractors.
• An increase in housing prices (higher efficient homes are worth more money).
• An increase in sales, payroll and property tax revenue.
• As in conventional assessment financing, the City is not obligated to repay the bonds
or to pay the assessments levied on the participating properties.
• All Program and assessment administration, bond issuance and bond administration
functions are handled by California HERO, depending on the property owner's
choice of funding. No City Staff time is needed to participate in either program.
• The City can provide access for its residents to the California HERO Program
without the higher staff costs that an independent program established by the City
would require. Furthermore, the SBCCOG will serve as the local contact for the
program.
ADDITIONAL INFORMATION
As noted earlier in this report, on June 28, 2013, a SBCCOG memorandum from Executive
Director, Jacki Bacharach, went out to all cities within the South Bay presenting and
promoting this opportunity. To date, two of the South Bay cities (Hermosa Beach and
Lomita) have adopted similar resolutions allowing participation in this program. Additionally,
nine (9) other cities within the South Bay are slated to consider this program on their
agendas sometime this month.
CONCLUSION
Based on the information described in this Staff Report and as explained in the additional
information attached to this report, Staff recommends that the City Council adopt the
attached Resolution of Participation, thereby authorizing the City's participation in the
California HERO Program. By adopting the Resolution of Participation, the City Council will
enable the abovementioned program to be available to owners of property within the City of
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Rancho Palos Verdes to finance renewable energy, energy efficiency and water efficiency
improvements, and electric vehicle charging infrastructure. Adopting the resolution also
approves an Amendment to the WRCOG Joint Powers Agreements to add the City as an
Associate Member in order that the program may be offered to the owners of property
located within the City who wish to participate in the energy related financing opportunities.
FISCAL IMPACT
There is no fiscal impact to the City's general fund incurred by consenting to the inclusion of
properties within the City limits in the California HERO Program. All program administrative
costs are covered through an initial administrative fee included in the property owner's
voluntary contractual assessment and an annual administrative fee which is also collected
on the property owner's tax bill. Furthermore, due to the fact that the SBCCOG would act as
the local contact for the program, no staff time would be needed to answer questions of the
public.
ALTERNATIVES
In addition to Staffs recommendation, the following alternative is available for consideration
by the City Council:
1) Determine that participation in the California HERO Program is not desirable at this
time.
Attachments
• Draft Resolution No. 2013-_ (Authorizing Participation in HERO)
• Letter from SBCCOG Executive Director, Jacki Bacharach
• HERO Program Frequently Asked Questions
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Draft Resolution No. 2013-
(Authorizing Participation in HERO)
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RESOLUTION NO. 2013-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES CONSENTING TO THE INCLUSION OF PROPERTIES
WITHIN THE CITY'S JURISDICTION IN THE CALIFORNIA HERO
PROGRAM TO FINANCE DISTRIBUTED GENERATION RENEWABLE
ENERGY SOURCES, ENERGY AND WATER EFFICIENCY
IMPROVEMENTS AND ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE, AND APPROVING THE AMENDMENT TO A
CERTAIN JOINT POWERS AGREEMENT RELATED THERETO.
WHEREAS, the Western Riverside Council of Governments ("Authority") is a joint
exercise of powers authority established pursuant to Chapter 5 of Division 7, Title 1 of the
Government Code of the State of California (Section 6500 and following) (the "Act") and the
Joint Power Agreement entered into on April 1, 1991, as amended from time to time (the
"Authority JPA''); and
WHEREAS, Authority intends to establish the California HERO Program to provide for
the financing of renewable energy distributed generation sources, energy and water efficiency
improvements and electric vehicle charging infrastructure (the "Improvements") pursuant to
Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California Streets and
Highways Code ("Chapter 29") within counties and cities throughout the State of California that
elect to participate in such program; and
WHEREAS, City of Rancho Palos Verdes (the "City") is committed to development of
renewable energy sources and energy efficiency improvements, reduction of greenhouse gases,
protection of our environment, and reversal of climate change; and
WHEREAS, in Chapter 29, the Legislature has authorized cities and counties to assist
property owners in financing the cost of installing Improvements through a voluntary contractual
assessment program; and
WHEREAS, installation of such Improvements by property owners within the jurisdictional
boundaries of the counties and cities that are participating in the California HERO Program
would promote the purposes cited above; and
WHEREAS, the City wishes to provide innovative solutions to its property owners to
achieve energy and water efficiency and independence, and in doing so cooperate with
Authority in order to efficiently and economically assist property owners within the City in
financing such Improvements; and
WHEREAS, Authority has authority to establish the California HERO Program, which will
be such a voluntary contractual assessment program, as permitted by the Act, the Authority
JPA, originally made and entered into April 1, 1991, as amended to date, and the Amendment to
Joint Powers Agreement Adding the City of Rancho Palos Verdes as an Associate Member of
the Western Riverside Council of Governments to Permit the Provision of Property Assessed
Clean Energy (PACE) Program Services within the City (the "JPA Amendment"), by and
between Authority and the City, a copy of which is attached as Exhibit "A" hereto, to assist
property owners within the incorporated area of the City in financing the cost of installing
Improvements; and
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WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy and collection of assessments or any required remedial action in the case
of delinquencies in the payment of any assessments or the issuance, sale or administration of
any bonds issued in connection with the California HERO Program.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS:
Section 1: This City Council finds and declares that properties in the City's
incorporated area will be benefited by the availability of the California HERO Program to finance
the installation of Improvements.
Section 2: This City Council consents to inclusion in the California HERO Program of
all of the properties in the incorporated area within the City and to the Improvements, upon the
request by and voluntary agreement of owners of such properties, in compliance with the laws,
rules and regulations applicable to such program; and to the assumption of jurisdiction thereover
by Authority for the purposes thereof.
Section 3: The consent of this City Council constitutes assent to the assumption of
jurisdiction by Authority for all purposes of the California HERO Program and authorizes
Authority, upon satisfaction of the conditions imposed in this resolution, to take each and every
step required for or suitable for financing the Improvements, including the levying, collecting and
enforcement of the contractual assessments to finance the Improvements and the issuance and
enforcement of bonds to represent and be secured by such contractual assessments.
Section 4: This City Council hereby approves the JPA Amendment and authorizes the
execution thereof by appropriate City officials.
Section 5: City staff is authorized and directed to coordinate with Authority staff to
facilitate operation of the California HERO Program within the City, and report back periodically
to this City Council on the success of such program.
Section 6: The time within which judicial review of the decision reflected in this
Resolution must be sought is governed by Section 1094.6 of the California Code of Civil
Procedure and other applicable short periods of limitation.
Resolution No. 2013-
Page 2
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PASSED, APPROVED, AND ADOPTED this 3rd day of September 2013.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City or Rancho Palos Verdes )
I, Carla Morreale, the City Clerk of the City of Rancho Palos Verdes, do hereby certify
that the above Resolution No. 2013-_ was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on September 3, 2013.
City Clerk
Resolution No. 2013-
Page 3 K-8
EXHIBIT A
AMENDMENT TO THE JOINT POWERS AGREEMENT ADDING THE CITY
OF RANCHO PALOS VERDES AS AN ASSOCIATE MEMBER OF THE
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS TO PERMIT THE
PROVISION OF THE CALIFORNIA HERO PROGRAM SERVICES WITH
SUCH CITY.
This Amendment to the Joint Powers Agreement ("JPA Amendment") is made and entered into
on the 201h day of August, 2013, by the City of Rancho Palos Verdes ("City") and the Western
Riverside Council of Governments ("Authority") (collectively the "Parties").
RECITALS
WHEREAS, Authority is a joint exercise of powers authority established pursuant to
Chapter 5 of Division 7, Title 1 of the Government Code of the State of California (Section 6500
and following) (the "Joint Exercise of Powers Act") and the Joint Power Agreement entered into
on April 1, 1991, as amended from time to time (the "Authority JPA''); and,
WHEREAS, as of October 1, 2012, Authority had 18 member entities (the "Regular
Members"); and,
WHEREAS, Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the
California Streets and Highways Code ("Chapter 29") authorizes cities, counties, and cities and
counties to establish voluntary contractual assessment programs, commonly referred to as a
Property Assessed Clean Energy ("PACE") program, to fund various renewable energy sources,
energy and water efficiency improvements, and electric vehicle charging infrastructure (the
"Improvements") that are permanently fixed to residential, commercial, industrial, agricultural or
other real property; and,
WHEREAS, Authority intends to establish a PACE program to be known as the
"California HERO Program" pursuant to Chapter 29 as now enacted or as such legislation may
be amended here'!ifter, which will authorize the implementation of a PACE financing program for
cities and counties throughout the state; and,
WHEREAS, City desires to allow owners of property within its jurisdiction to participate in
the California HERO Program and to allow Authority to conduct proceedings under Chapter 29
to finance Improvements to be installed on such properties; and,
WHEREAS, this JPA Amendment will permit City to become an associate member of
Authority and to participate in the California HERO Program for the purpose of facilitating the
implementation of such program within the jurisdiction of City; and,
WHEREAS, pursuant to Government Code sections 6500 et seq., the Parties are
approving this JPA Agreement to allow for the provision of PACE services, including the
operation of a PACE financing program, within the incorporated territory of City; and,
Resolution No. 2013-
Page 4 K-9
WHEREAS, the JPA Amendment sets forth the rights, obligations and duties of City and
Authority with respect to the implementation of the California HERO Program within the
incorporated territory of City.
MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter stated, the Parties hereto agree as follows:
A. JPA Amendment.
1. The Authority JPA. City agrees to the terms and conditions of the Authority JPA,
which are attached hereto and incorporated herein by this reference (Attachment 1 ).
2. Associate Membership. By adoption of this JPA Amendment, City shall become
Associate Member of Authority on the terms and conditions set forth herein and the Authority
JPA and consistent with the requirements of the Joint Exercise of Powers Act. The rights and
obligations of City as an Associate Member are limited solely to those terms and conditions
expressly set forth in this JPA Amendment for the purposes of implementing the California
HERO Program within the incorporated territory of City. Except as expressly provided for by the
this JPA Amendment, City shall not have any rights otherwise granted to Authority's Regular
Members by the Authority JPA, including but not limited to the right to vote on matters before the
Executive Committee or the General Assembly, right to amend or vote on amendments to the
Authority JPA, and right to sit on committees or boards established under the Authority JPA or
by action of the Executive Committee or the General Assembly, including, without limitation, the
General Assembly and the Executive Committee. City shall not be considered a member for
purposes of Section 9.1 of the Authority JPA. City shall not be bound by any subsequent
amendments of the Authority JPA not expressly agreed to by City.
3. Rights of Authority. This JPA Amendment shall not be interpreted as limiting or
restricting the rights of Authority under the Authority JPA. Nothing in this JPA Amendment is
intended to alter or modify Authority Transportation Uniform Mitigation Fee (TUMF) Program, the
PACE Program administered by Authority within the jurisdictions of its Regular Members, or any
other programs administered now or in the future by Authority, all as currently structured or
subsequently amended.
4. Rights of City. This JPA Amendment shall be not interpreted as limiting or
restricting the rights of City to establish parameters or limitation on upon the HERO Program as
it is conducted within City's jurisdiction.
Resolution No. 2013-
Page 5
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B. Implementation of California HERO Program within City Jurisdiction.
1. Boundaries of the California HERO Program within Citv Jurisdiction. City shall
determine and notify Authority of the boundaries of the incorporated territory within City's
jurisdiction within which contractual assessments may be entered into under the California
HERO Program (the "Program Boundaries"), which boundaries may include the entire
incorporated territory of City or a lesser portion thereof, upon approval of same by City Council.
2. Determination of Eligible Improvements. Subject to any parameters or limitations
provided in the resolution of City approving the conduct of the HERO Program within City's
jurisdiction, Authority shall determine the types of distributed generation renewable energy
sources, energy efficiency or water conservation improvements, electric vehicle charging
infrastructure or such other improvements as may be authorized pursuant to Chapter 29 (the
"Eligible Improvements") that will be eligible to be financed under the California HERO Program.
3. Establishment of California HERO Program. Authority will undertake such
proceedings pursuant to Chapter 29 as shall be legally necessary to enable Authority to make
contractual financing of Eligible Improvements available to eligible property owners with the
California HERO Program Boundaries and will be solely responsible for the conduct of such
proceedings.
4. Financing the Installation of Eligible Improvements. Upon approval of the conduct
of the HERO Program within City's jurisdiction, Authority shall be solely responsible to develop
and implement a plan for the financing of the purchase and installation of the Eligible
Improvements under the California HERO Program.
5. Ongoing Administration. Authority shall be responsible for the ongoing
administration of the California HERO Program, including but not limited to producing education
plans to raise public awareness of the California HERO Program, soliciting, reviewing and
approving applications from residential and commercial property owners participating in the
California HERO Program, establishing contracts for residential, commercial and other property
owners participating in such program, establishing and collecting assessments due under the
California HERO Program, adopting and implementing any rules or regulations for the PACE
program, and providing reports as required by Chapter 29.
City will not be responsible for the conduct of any proceedings required to be taken under
Chapter 29; the levy or collection of assessments or any required remedial action in the case
of delinquencies in such assessment payments; or the issuance, sale or administration of
the Bonds or any other bonds issued in connection with the California HERO Program.
6. Phased Implementation. The Parties recognize and agree that implementation of
the California HERO Program as a whole can and may be phased as additional other cities and
counties execute similar agreements. City entering into this JPA Amendment will obtain the
benefits of and incur the obligations imposed by this JPA Amendment in its jurisdictional area,
irrespective of whether cities or counties enter into similar agreements.
Resolution No. 2013-
Page 6 K-11
C. Miscellaneous Provisions.
1. Withdrawal. Authority may withdraw from this JPA Amendment upon six (6)
months written notice to City; provided, however, there is no outstanding indebtedness of
Authority within City. The provisions of Section 6.2 of the Authority JPA shall not apply to City
under this JPA Amendment. City may withdraw approval for conduct of the HERO Program
within the jurisdictional limits of City upon thirty (30) written notice to WRCOG without liability to
the Authority or any affiliated entity. City withdrawal shall not affect the validity of any voluntary
assessment contracts (a) entered prior to the date of such withdrawal or (b) entered into after
the date of such withdrawal so long as the applications for such voluntary assessment contracts
were submitted to and approved by WRCOG prior to the date of City's notice of withdrawal.
2. Indemnification and Liability. Authority shall defend, indemnify and hold City and
its directors, officials, officers, employees and agents free and harmless from any and all claims,
demands, causes of action, costs, expenses, liabilities, losses, damages or injuries of any kind,
in law or equity, to property or persons, including wrongful death, to the extent arising out of the
acts, errors or omissions of Authority or its directors, officials, officers, employees and agents in
connection with the California HERO Program administered under this JPA Amendment,
including without limitation the payment of expert witness fees and attorneys fees and other
related costs and expenses, but excluding payment of consequential damages, provided that
the Authority shall not be required to defend or indemnify City and its directors, officials, officers,
employees and agents for City's sole negligence or willful misconduct. Without limiting the
foregoing, Section 5.2 of the Authority JPA shall not apply to this JPA Amendment. In no event
shall any of Authority's Regular Members or their officials, officers or employees be held directly
liable for any damages or liability resulting out of this JPA Amendment.
3. Environmental Review. Authority shall be the lead agency under the California
Environmental Quality Act for any environmental review that may required in implementing or
administering the California HERO Program under this JPA Amendment.
4. Cooperative Effort. City shall cooperate with Authority by providing information
and other assistance in order for Authority to meet its obligations hereunder. City recognizes
that one of its responsibilities related to the California HERO Program will include any permitting
or inspection requi,rements as established by City. City's cooperation shall not be interpreted to
require any approvals without appropriate review or that any discretionary authority of City be
exercised other than as provided by law.
5. Notice. Any and all communications and/or notices in connection with this JPA
Amendment shall be either hand-delivered or sent by United States first class mail, postage
prepaid, and addressed as follows:
Resolution No. 2013-
Page 7
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Authority:
Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor. MS 1032
Riverside, CA 92501-3609
Att: Executive Director
City:
City of Rancho Palos Verdes
Attn: Joel Rojas, Community Development Director
30940 Hawthorne Blvd.
Rancho Palos Verdes, CA 90275
6. · Entire Agreement. This JPA Amendment, together with the Authority JPA,
constitutes the entire agreement among the Parties pertaining to the subject matter hereof. This
JPA Amendment supersedes any and all other agreements, either oral or in writing, among the
Parties with respect to the subject matter hereof and contains all of the covenants and
agreements among them with respect to said matters, and each Party acknowledges that no
representation, inducement, promise of agreement, oral or otherwise, has been made by the
other Party or anyone acting on behalf of the other Party that is not embodied herein.
7. Successors and Assigns. This JPA Amendment and each of its covenants and
conditions shall be binding on and shall inure to the benefit of the Parties and their respective
successors and assigns. A Party may only assign or transfer its rights and obligations under
this JPA Amendment with prior written approval of the other Party, which approval shall not be
unreasonably withheld.
8. Attorney's Fees. If any action at law or equity, including any action for declaratory
relief is brought to enforce or interpret the provisions of this Agreement, each Party to the
litigation shall bear its own attorney's fees and costs.
9. Governing Law. This JPA Amendment shall be governed by and construed in
accordance with the laws of the State of California, as applicable.
10. No Third Party Beneficiaries. This JPA Amendment shall not create any right or
interest in the public, or any member thereof, as a third party beneficiary hereof, nor shall it
authorize anyone not a Party to this JPA Amendment to maintain a suit for personal injuries or
property damages under the provisions of this JPA Amendment. The duties, obligations, and
responsibilities of the Parties to this JPA Amendment with respect to third party beneficiaries
shall remain as imposed under existing state and federal law.
11. Severability. In the event one or more of the provisions contained in this JPA
Amendment is held invalid, illegal or unenforceable by any court of competent jurisdiction, such
portion shall be deemed severed from this JPAAmendment and the remaining parts of this JPA
Amendment shall remain in full force and effect as though such invalid, illegal, or unenforceable
portion had never been a part of this JPA Amendment.
Resolution No. 2013-
Page 8
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12. Headings. The paragraph headings used in this JPA Amendment are for the
convenience of the Parties and are not intended to be used as an aid to interpretation.
13. Amendment. This JPAAmendment may be modified or amended by the Parties
at any time. Such modifications or amendments must be mutually agreed upon and executed in
writing by both Parties. Verbal modifications or amendments to this JPAAmendment shall be of
no effect.
14. Effective Date. This JPAAmendment shall become effective upon the execution
thereof by the Parties hereto.
IN WITNESS WHEREOF, the Parties hereto have caused this JPA Amendment to be
executed and attested by their officers thereunto duly authorized as of the date first above
written.
WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
By:
Executive Committee Chair
Western Riverside Council of Governments
CITY OF RANCHO PALOS VERDES
By:
Mayor of Rancho Palos Verdes
Date:
Date:
Resolution No. 2013-
Page 9 K-14
ATTACHMENT 1
WRCOG JOINT POWERS AGREEMENT
(For reference purposes only)
Resolution No. 2013-
Page 10 K-15
Updated through July, 2012
JOINT POWERS AGREEMENT OF
THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
This Agreement is made and entered into on the 1st day of April, 1991, pursuant to
Government Code Section 6500 et. seq. and other pertinent provisions of law, by and
between six or more of the cities located within Western Riverside County and the County
of Riverside.
RECITALS
A. Each member and party to this Agreement is a governmental entity
established by law with full powers of government in legislative, administrative, financial,
and other related fields.
8. The purpose of the formation is to provide an agency to conduct studies and
projects designed to improve and coordinate the common governmental responsibilities
and services on an area-wide and regional basis through the establishment of an
association of governments. The Council will explore areas of inter-governmental
cooperation and coordination of government programs and provide recommendations and
solutions to problems of common and general concern.
C. When authorized pursuant to an Implementation Agreement, the Council shall
manage and administer thereunder.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, the parties hereto agree as follows:
20323.00016\7651699.1
Resolution No. 2013-
Page 11 K-16
I.
PURPOSE AND POWERS
1.1 Agency Created.
There is hereby created a public entity to be known as the "Western Riverside
Council of Governments" ("WRCOG"). WR COG is formed by this Agreement pursuant to
the provision of Government Code Section 6500 et. seq. and other pertinent provision of
law. WRCOG shall be a public entity separate from the parties hereto.
1.2 Powers.
1.2.1. WRCOG established hereunder shall perform all necessary functions
to fulfill the purposes of this Agreement. Among other functions, WRCOG shall:
a. Serve as a forum for consideration, study and recommendation on
area-wide and regional problems;
b. Assemble information helpful in the consideration of problems peculiar
to Western Riverside County;
c. Explore practical avenues for intergovernmental cooperation,
coordination and action in the interest of local public welfare and means of improvements in
the administration of governmental services; and
d. Serve as the clearinghouse review body for Federally-funded projects
in accordance with Circular A-95 in conjunction with the Southern California Association of
Governments.
1.2.2. The Council shall have the power in its own name to do any of the
following;
20323.00016\7651699.1 2
Resolution No. 2013-
Page 12 K-17
a. When necessary for the day to day operation of the Council, to make
and enter into contracts;
b. To contractforthe services of engineers, attorneys, planners, financial
consultants and separate and apart therefrom to employ such other persons, as it deems
necessary;
c. To apply for an appropriate grant or grants under any federal, state, or
local programs.
d. To receive gifts, contributions and donations of property, funds,
services and other forms of financial assistance from persons, firms, corporations and any
governmental entity;
e. To lease, acquire, construct, manage, maintain, and operate any
buildings, works, or improvements;
f. To delegate some or all of its powers to the Executive Committee and
the Executive Director of the Council as hereinafter provided.
1.2.3 The association shall have the power in its own name, only with the
approval of all affected member agencies to;
a. , Acquire, hold and dispose of property by eminent domain, lease, lease
purchase or sale.
b. To incur debts, liabilities, obligations, and issue bonds;
2.1 Parties.
20323.00016\7651699.1
11.
ORGANIZATION OF COUNCIL
3
Resolution No. 2013-
Page 13 K-18
The parties to WRCOG shall be the County of Riverside and each city located
within Western Riverside County which has executed or hereafter executes this Agreement,
or any addenda, amendment, or supplement thereto and agrees to such become a member
upon such terms and conditions as established by the general council or executive
committee, and which has not, pursuant to provisions hereof, withdrawn therefrom. Only
the parties identified in this section shall be considered contracting parties to the JPA under
Government Code section 6502.
2.2 Names.
The names, particular capacities and addresses of the parties at any time shall be
shown on Exhibit "A" attached hereto, as amended or supplemented from time to time.
2.3 Duties.
WRCOG shall do whatever is necessary and required to carry out the
purposes of this agreement and when authorized by an Implementation Agreement
pursuant to section 1.2.3 as appropriate, to make and enter into such contracts, incur such
debts and obligations, assess contributions from the members, and perform such other acts
as are necessary to the accomplishment of the purposes of such agreement, within the
provisions of Government Code Section 6500 et seq .. and as prescribed by the laws of the
State of California.
2.4 Governing Body.
2.4.1. WR COG shall be governed by a General Assembly with membership
consisting of the appropriate representatives from the County of Riverside, each city which
is a signatory to this Agreement, Western Municipal Water District, and Eastern Municipal
Water District, the number of which shall be determined as hereinafter set forth. The
20323.00016\7651699.1 4
Resolution No. 2013-
Page 14 K-19
General Assembly shall meet at least once annually, preferably scheduled in the evening.
Each member agency of the General Assembly shall have one vote for each mayor, council
member, county supervisor, and water district board member present at the General
Assembly. The General Assembly shall act only upon a majority of a quorum. A quorum
shall consist of a majority of the total authorized representatives, provided that members
representing a majority of the member agencies are present. The General Assembly shall
adopt and amend by-laws for the administration and management of this Agreement, which
when adopted and approved shall be an integral part of this Agreement. Such by-laws may
provide for the management and administration of this Agreement.
2.4.2. There shall be an Executive Committee which exercises the powers of
this Agreement between sessions of the General Assembly. Members of the Executive
Committee shall be the Mayor from each of the member cities, four members of the
Riverside County Board of Supervisors and the President of each Water District, the
remaining member of the Board of Supervisors shall serve as an alternate, except any City
Council, at its discretion, can appoint a Mayor Pro Tern or other city council member in
place of the Mayor, and each water district board, at its discretion, can appoint another
board member i,n place of the President. The Executive Committee shall act only upon a
majority of a quorum. A quorum shall consist of a majority of the member agencies.
Membership of the Water Districts on the General Assembly and Executive Committee of
WRCOG shall be conditioned on the Water Districts entering into a separate
Memorandums of Understanding with WRCOG. Membership of the Riverside County
Superintendent of Schools on the General Assembly and Executive Committee of WR COG
20323.00016\7651699.1 5
Resolution No. 2013-
Page 15 K-20
shall be conditioned on the Superintendent of Schools entering into a separate
Memorandums of Understanding with WRCOG.
2.4.3. Each member of the General Assembly and the Executive Committee
shall be a current member of the legislative body such member represents.
2.4.4. Each participating member on the Executive Committee shall also
have an alternate, who must also be a current member of the legislative body of the party
such alternate represents. The name of the alternate members shall be on file with the
Executive Committee. In the absence of the regular member from an agency, the alternate
member from such agency shall assume all rights and duties of the absent regular
member.
2.5 Executive Director.
The Executive Director shall be the chief administrative officer of the Council.
He shall receive such compensation as may be fixed by the Executive Committee. The
powers and duties of the Executive Director shall be subject to the authority of the
Executive Committee and include the following:
a. To appoint, direct and remove employees of the Council.
b. Annually to prepare and present a proposed budget to the Executive
Committee and General Assembly.
c. Serve as Secretary of the Council and of the Executive Committee.
d. To attend meetings of the Executive Committee.
e. To perform such other and additional duties as the Executive Committee may
require.
20323.00016\7651699.1 6
Resolution No. 2013-
Page 16 K-21
2.6 Principal Office.
The principal office of WRCOG shall be established by the Executive
Committee and shall be located within Western Riverside County. The Executive
Committee is hereby granted full power and authority to change said principal office from
one location to another within Western Riverside County. Any change shall be noted by the
Secretary under this section but shall not be considered an amendment to this Agreement.
2. 7 Meetings.
The Executive Committee shall meet at the principal office of the agency or at
such other place as may be designated by the Executive Committee. The time and place
of regular meetings of the Executive Committee shall be determined by resolution adopted
by the Executive Committee; a copy of such resolution shall be furnished to each party
hereto. Regular, adjourned and special meetings shall be called and conducted in
accordance with the provisions of the Ralph M. Brown Act, Government Code Section
54950 et. seq., as it may be amended.
2.8 Powers and Limitations of the Executive Committee.
Unless otherwise provided herein, each member or participating alternate of
the Executive Committee shall be entitled to one vote, and a vote of the majority of those
present and qualified to vote constituting a quorum may adopt any motion, resolution, or
order and take any other action they deem appropriate to carry forward the objectives of
the Council.
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Resolution No. 2013-
Page 17 K-22
2.9 Minutes.
The secretary of the Council shall cause to be kept minutes of regular
adjourned regular and special meetings of the General Assembly and Executive
Committee, and shall cause a copy of the minutes to be forwarded to each member and to
each of the members hereto.
2.10 Rules.
The Executive Committee may adopt from time to time such rules and
regulations for the conduct of its affairs consistent with this agreement or any
Implementation Agreement.
2. 11 Vote or Assent of Members.
The vote, assent or approval of the members in any manner as may be
required, hereunder shall be evidenced by a certified copy of the action of the governing
body of such party filed with the Council. It shall be the responsibility of the Executive
Director to obtain certified copies of said actions.
2.12 Officers.
There shall be selected from the membership of the Executive Committee, a
chairperson and a vice chairperson. The Executive Director shall be the secretary. The
Treasurer of the County of Riverside shall be the Treasurer of the Council and the
Controller or Auditor of the County of Riverside shall be the Auditor of the Council. Such
persons shall possess the powers of, and shall perform the treasurer and auditor functions
respectively, for WRCOG and perform those functions required of them by Government
Code Sections 6505, 6505.5 and 6505.6, and by all other applicable laws and regulations,
including any subsequent amendments thereto.
20323.00016\7651699.1 8
Resolution No. 2013-
Page 18 K-23
The chairperson and vice chairperson, shall hold office for a period of one
year commencing July 1st of each and every fiscal year; provided, however, the first
chairperson and vice chairperson appointed shall hold office from the date of appointment
to June 3oth of the ensuing fiscal year. Except for the Executive Director, any officer,
employee, or agent of the Executive Committee may also be an officer, employee, or agent
of any of the members. The appointment by the Executive Committee of such a person
shall be evidence that the two positions are compatible.
2.13 Committees.
The Executive Committee may, as it deems appropriate, appoint committees
to accomplish the purposes set forth herein. All committee meetings of WR COG, including
those of the Executive Committee, shall be open to all members.
2.14 Additional Officers and Employees.
The Executive Committee shall have the power to authorize such additional
officers and assistants as may be appropriate. Such officers and employees may also be,
but are not required to be, officers and employees of the individual members.
2.15 Bonding Requirement.
Ttle officers or persons who have charge of, handle, or have access to any
property of WR COG shall be the members of the Executive Committee, the treasurer, the
Executive Director, and any other officers or persons to be designated or empowered by
the Executive Committee. Each such officer or person shall be required to file an official
bond with the Executive Committee in an amount which shall be established by the
Executive Committee. Should the existing bond or bonds of any such officer be extended
to cover the obligations provided herein, said bond shall be the official bond required
20323.00016\7651699.1 9
Resolution No. 2013-
Page 19 K-24
herein. The premiums on any such bonds attributable to the coverage required herein shall
be appropriate expenses of WRCOG.
2.16 Status of Officers and Employees.
All of the privileges and immunities from liability, exemption from laws,
ordinances and rules, all pension, relief, disability, worker's compensation, and other
benefits which apply to the activity of officers, agents, or employees of any of the members
when performing their respective functions shall apply to them to the same degree and
extent while engaged in the performance of any of the functions and other duties under this
Agreement. None of the officers, agents, or employees appointed by the Executive
Committee shall be deemed, by reason of their employment by the Executive Committee,
to be employed by any of the members or, by reason of their employment by the Executive
Committee, to be subject to any of the requirements of such members.
2.17 Restrictions.
Pursuant to Government Code Section 6509, for the purposes of determining the
restrictions to be imposed by the Council in its exercise of the above-described joint
powers, reference shall be made to, and the Council shall observe, the restrictions imposed
upon the County of Riverside.
2.18 Water Districts and TUMF Matters.
Pursuant to this Joint Powers Agreement, WR COG administers the Transportation
Mitigation Fee ("TUMF") for cities in western Riverside County. The fee was established
prior to the Water District's involvement with WRCOG and will fund transportation
improvements for the benefit of the County of Riverside and the cities in western Riverside
County. As such, the Western Municipal Water District and the Eastern Municipal Water
20323.00016\7651699.1 10
Resolution No. 2013-
Page 20 K-25
District General Assembly and Executive Committee Members shall not vote on any matter
related to the administration of the TUMF program or the expenditure of TUMF revenues.
111
FUNDS AND PROPERTY
3.1 Treasurer.
The Treasury of the member agency whose Treasurer is the Treasurer for WRCOG
shall be the depository for WRCOG. The Treasurer of the Council shall have custody of all
funds and shall provide for strict accountability thereof in accordance with Government
Code Section 6505.5 and other applicable laws of the State of California. He or she shall
perform all of the duties required in Government Code Section 6505 and following, such
other duties as may be prescribed by the Executive Committee.
3.2. Expenditure of Funds.
The funds under this Agreement shall be expended only in furtherance of the
purposes hereof and in accordance with the laws of the State of California and standard
accounting practices shall be used to account for all funds received and disbursed.
3.3. Fiscal Year.
WRCOG, shall be operated on a fiscal year basis, beginning on July 1 of each year
and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the
General Assembly shall adopt a final budget for the expenditures of WRCOG during the
following fiscal Year.
3.4. Contributions/Public Funds.
In preparing the budget, the General Assembly by majority vote of a quorum shall
determine the amount of funds which will be required from its members for the purposes of
20323.00016\7651699.1 11
Resolution No. 2013-
Page 21 K-26
this Agreement. The funds required from its members after approval of the final budget
shall be raised by contributions 50% of which will be assessed on a per capita basis and
50% on an assessed valuation basis, each city paying on the basis of its population and
assessed valuation and the County paying on the basis of the population and assessed
valuation within the unincorporated area of Western Riverside County as defined in the
by-laws. The parties, when informed of their respective contributions, shall pay the same
before August 1st of the fiscal year for which they are assessed or within sixty days of being
informed of the assessment, whichever occurs later. In addition to the contributions
provided, advances of public funds from the parties may be made for the purposes of this
Agreement. When such advances are made, they shall be repaid from the first available
funds of WR COG.
The General Assembly shall have the power to determine that personnel, equipment
or property of one or more of the parties to the Agreement may be used in lieu of fund
contributions or advances.
All contributions and funds shall be paid to WRCOG and shall be disbursed by a
majority vote of a quorum of the Executive Committee, as authorized by the approved
budget.
3.5 Contribution from Water Districts.
The provision of section .3.4 above shall be inapplicable to the Western Municipal
Water District and the Eastern Municipal Water District. The amount of contributions from
these water districts shall be through the WRCOG budget process.
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Resolution No. 2013-
Page 22 K-27
IV
BUDGETS AND DISBURSEMENTS
4.1 Annual Budget.
The Executive Committee may at any time amend the budget to incorporate
additional income and disbursements that might become available to WRCOG for its
purposes during a fiscal year.
4.2 Disbursements.
The Executive Director shall request warrants from the Auditor in accordance
with budgets approved by the General Assembly or Executive Committee subject to
quarterly review by the Executive Committee. The Treasurer shall pay such claims or
disbursements and such requisitions for payment in accordance with rules, regulations,
policies, procedures and bylaws adopted by the Executive Committee.
4.3 Accounts.
All funds will be placed in appropriate accounts and the receipt, transfer, or
disbursement of such funds during the term of this Agreement shall be accounted for in
accordance with generally accepted accounting principles applicable to governmental
entities and pursuant to Government Code Sections 6505 et seq. and any other applicable
laws of the State of California. There shall be strict accountability of all funds. All revenues
and expenditures shall be reported to the Executive Committee.
4.4 Expenditures Within Approved Annual Budget.
All expenditures shall be made within the approved annual budget. No
expenditures in excess of those budgeted shall be made without the approval of a majority
of a quorum of the Executive Committee.
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Resolution No. 2013-
Page 23 K-28
4.5 Audit.
The records and accounts of WRCOG shall be audited annually by an
independent certified public accountant and copies of such audit report shall be filed with
the County Auditor, State Controller and each party to WRCOG no later than fifteen (15)
days after receipt of said audit by the Executive Committee.
4.6 Reimbursement of Funds.
Grant funds received by WRCOG from any federal, state, or local agency to
pay for budgeted expenditures for which WRCOG has received all or a portion of said funds
from the parties hereto shall be used as determined by WRCOG's Executive
Committee.
v
LIABILITIES
5.1 Liabilities.
The debts, liabilities, and obligation ofWRCOG shall be the debts, liabilities,
or obligations of WRCOG alone and not of the parties to this Agreement.
5.2 Hold Harmless and Indemnity.
Each party hereto agrees to indemnify and hold the other parties harmless
from all liability for damage, actual or alleged, to persons or property arising out of or
resulting from negligent acts or omissions of the indemnifying party or its employees.
Where the General Assembly or Executive Committee itself or its agents or employees are
held liable for injuries to persons or property, each party's liability for contribution or
indemnity for such injuries shall be based proportionately upon the contributions (less
voluntary contributions) of each member. In the event of liability imposed upon any of the
20323.00016\7651699.1 14
Resolution No. 2013-
Page 24 K-29
parties to this Agreement, or upon the General Assembly or Executive Committee created
by this Agreement, for injury which is caused by the negligent or wrongful act or omission of
any of the parties in the performance of this Agreement, the contribution of the party or
parties not directly responsible for the negligent or wrongful act or omission shall be limited
to One Hundred Dollars ($100.00). The party or parties directly responsible for the
negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties
harmless from any liability for personal injury or property damage arising out of the
performance of this Agreement. The voting for or against a matter being considered by the
General Assembly or executive or other committee or WRCOG, or abstention from voting
on such matter, shall not be construed to constitute a wrongful act or omission within the
meaning of this Subsection.
VI
ADMISSION AND WITHDRAWAL OF PARTIES
6.1 Admission of New Parties.
It is recognized that additional cities other than the original parties, may wish
to participate in WRCOG. Any Western Riverside County city may become a party to
WRCOG upon ,such terms and conditions as established by the General Assembly or
Executive Committee. Any Western Riverside County city shall become a party to WRCOG
by the adoption by the city council of this agreement and the execution of a written
addendum thereto agreeing to the terms of this Agreement and agreeing to any additional
terms and conditions that may be established by the general assembly or Executive
Committee. Special districts which are significantly involved in regional problems and the
boundaries of which include territory within the collective area of the membership shall be
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Resolution No. 2013-
Page 25 K-30
eligible for advisory membership in the Council. The representative of any such advisory
member may participate in the work of committees of the Council.
6.2 Withdrawal from WRCOG.
It is fully anticipated that each party hereto shall participate in WRCOG until
the purposes set forth in this Agreement are accomplished. The withdrawal of any party,
either voluntary or involuntary, unless otherwise provided by the General Assembly or
Executive Committee, shall be conditioned as follows:
a. In the case of a voluntary withdrawal following a properly noticed public
hearing, written notice shall be given to WRCOG, six months prior to the effective date of
withdrawal;
b. Withdrawal shall not relieve the party of its proportionate share of any
debts or other liabilities incurred by WR COG prior to the effective date of the parties' notice
of withdrawal;
c. Unless otherwise provided by a unanimous vote of the Executive
Committee, withdrawal shall result in the forfeiture of that party's rights and claims relating
to distribution of property and funds upon termination of WR COG as set forth in Section VII
below;
d. Withdrawal from any Implementation Agreement shall not be deemed
withdrawal from membership in WRCOG.
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Resolution No. 2013-
Page 26 K-31
VII
TERMINATION AND DISPOSITION OF ASSETS
7.1 Termination of this Agreement.
WRCOG shall continue to exercise the joint powers herein until the
termination of this Agreement and any extension thereof or until the parties shall have
mutually rescinded this Agreement; providing, however, that WR COG and this Agreement
shall continue to exist for the purposes of disposing of all claims, distribution of assets and
all other functions necessary to conclude the affairs of VVRCOG.
Termination shall be accomplished by written consent of all of the parties, or
shall occur upon the withdrawal from WRCOG of a sufficient number of the agencies
enumerated herein so as to leave less than five of the enumerated agencies remaining in
WRCOG.
7.2 Distribution of Property and Funds.
In the event of the termination of this Agreement, any property interest
remaining in WRCOG following the discharge of all obligations shall be disposed of as the
Executive Committee shall determine with the objective of distributing to each remaining
party a proportionate return on the contributions made to such properties by such parties,
less previous returns, if any.
VIII
IMPLEMENTATION AGREEMENTS
8.1 Execution of Agreement.
When authorized by the Executive Committee, any affected member agency
or agencies enumerated herein, may execute an Implementation Agreement for the
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Resolution No. 2013-
Page 27 K-32
purpose of authorizing WRCOG to implement, manage and administer area-wide and
regional programs in the interest of the local public welfare. The costs incurred by WR COG
in implementing a program including indirect costs, shall be assessed only to those public
agencies who are parties to that Implementation Agreement.
IX
MISCELLANEOUS
9.1 Amendments.
This Agreement may be amended with the approval of not less than
two-thirds (2/3) of all member agencies.
9.2 Notice.
Any notice or instrument required to be given or delivered by depositing the
same in any United States Post Office, registered or certified, postage prepaid, addressed
to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been
received by the party to whom the same is addressed at the expiration of seventy-two (72)
hours after deposit of the same in the United States Post Office for transmission by
registered or certified mail as aforesaid.
9.3 Effective Date.
This Agreement shall be effective and WRCOG shall exist from and after such
date as this Agreement has been executed by any seven or more of the public agencies,
including the County of Riverside, as listed on page 1 hereof.
9.4 Arbitration.
Any controversy or claim between any two or more parties to this Agreement,
or between any such party or parties and WRCOG, with respect to disputes, demands,
20323.00016\7651699.l 18
Resolution No. 2013-
Page 28 K-33
differences, controversies, or misunderstandings arising in relation to interpretation of this
Agreement, or any breach thereof, shall be submitted to and determined by arbitration.
The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every
other party to this Agreement and to the Executive Director of the Council. Such notice
shall designate as "respondents" such other parties as the initiating party intends to have
bound by any award made therein. Any party not so designated but which desires to join in
the arbitration may, within ten (10) days of service upon it of such notice, file with all other
parties and with the Executive Director of the Council a response indicating its intention to
join in and to be bound by the results of the arbitration, and further designating any other
parties it wishes to name as a respondent. Within twenty (20) days of the service of the
initial demand for arbitration, the initiating party and the respondent or respondents shall
each designate a person to act as an arbitrator. The designated arbitrators shall mutually
designate the minimal number of additional persons as arbitrators as may be necessary to
create an odd total number of arbitrators but not less than three to serve as arbitrator(s).
The arbitrators shall proceed to arbitrate the matter in accordance with the
provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et. seq. The
parties to this Agreement agree that the decision of the arbitrators will be binding and will
not be subject to judicial review except on the ground that the arbitrators have exceeded
the scope of their authority.
9.5 Partial Invalidity.
If any one or more of the terms, provisions, sections, promises, covenants or
conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void or
voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the
20323.00016\7651699.1 19
Resolution No. 2013-
Page 29 K-34
remaining terms, provisions, sections, promises, covenants and conditions of this
Agreement shall not be affected thereby and shall be valid and enforceable to the fullest
extent permitted by law.
9.6 Successors.
This Agreement shall be binding upon and shall inure to the benefit of the
successors of the parties hereto.
9. 7 Assignment.
The parties hereto shall not assign any rights or obligations under this
Agreement without written consent of all other parties.
9.8 Execution.
The Board of Supervisors of the County of Riverside and the city councils of
the cities enumerated herein have each authorized execution of this Agreement as
evidenced by the authorized signatures below, respectively.
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Resolution No. 2013-
Page 30 K-35
Original Members Agencies
1. City of Banning
2. City of Beaumont (withdrawn)
3. City of Calimesa
4. City of Canyon Lake
5. City of Corona
6. City of Hemet
7. City of Lake Elsinore
8. City of Moreno Valley
9. City of Murrieta
10. City of Norco
11. City of Perris
12. City of Riverside
13. City of San Jacinto
14. City of Temecula
15. County of Riverside
Additional City Members
1. City of Eastvale (added on 08/02/2010, Resolution 01-11)
2. City of Jurupa Valley (added on 07/29/2011, Resolution 02-12)
3. City of Menifee (added on 10/06/2008, Resolution 03-09)
4. City of Wildomar (added on 08/04/2008, Resolution 01-09)
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Resolution No. 2013-
Page 31 K-36
THE WESTERN RIVERSIDE
COUNCIL OF GOVERNMENTS
Participating Agencies
5. Eastern Municipal Water District (membership on the Governing Board
of WR COG, 05/11/2009)
6. Riverside County Superintendent of Schools (membership as an ex-
officio, advisory member of WR COG, 11 /07 /2011)
7. Western Municipal Water District (membership on the Governing Board
of WRCOG, 05/11/2009)
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Resolution No. 2013-
Page 32 K-37
Letter from SBCCOG
(Jacki Bacharach-Executive Director)
K-38
South Bay Cities Council of Governments
DATE:
TO:
FROM:
RE:
June 28, 2013
South Bay Cities
Jacki Bacharach, SBCCOG Executive Director
Western Riverside Council of Governments (WRCOG) California HERO
Program
INTRODUCTION
The South Bay Cities Council of Governments (SBCCOG) Board of Directors has agreed to
partner with the Western Riverside Council of Governments (WRCOG) to assist in the
implementation of the California HERO Program in our region. This program allows
commercial and residential property owners to finance the installation of eligible energy
efficiency, renewable generation and water conservation improvements with low-interest loans
that are repaid as an item on the property owner's property tax bill -also known as Property
Assessed Clean Energy (PACE) programs. The HERO program has been operating successfully
in WRCOG's territory since the beginning of 2012, and now residents of the municipalities in
the South Bay have the opportunity to participate in the program. All municipalities need to do
for their residents to be able to participate is adopt the Resolution of Participation.
Please note: At the July SBCCOG Board of Directors meeting, a partnership with Figtree is
expected to be on the Consent Calendar for approval. Figtree provides a PACE program for
commercial properties. By approving both programs, businesses in your city will be able to
determine which program might be best for them.
BACKGROUND
AB 811 allows loc;al government entities to offer sustainable energy project loans to eligible
property owners that, through the creation of financing districts, they are able to repay through a
voluntary assessment on their property tax bills. These are commonly known as Property
Assessed Clean Energy (PACE) programs.
In 2012, the Western Riverside Council of Governments (WR COG) developed a PACE program
for the property owners in its territory, allowing residential and commercial property owners to
finance the installation of eligible energy efficiency, renewable generation, and water
conservation improvements with low-interest loans that are repaid as an item on the property
owner's property tax bill. This program is called the Home Energy Retrofit Opportunity
(HERO).
The program has been extremely successful in the WRCOG territory, with more than 6,000
applications received, more than 4,000 applications submitted and more than $126 million in
approved projects. The program is the largest PACE program in the country.
K-39
There are many non-residential PACE financing programs throughout the state, including one in
Los Angeles County that has operated since 2011. However, there are just two residential PACE
programs operating in the state (Sonoma County and WRCOG). With the success of the
program in their territory, WRCOG is expanding the program, and the California HERO is now
available to all cities and counties.
CITY PARTICIPATION
In order for its property owners to be eligible to participate in the California HERO program, a
City only needs to adopt a Resolution of Participation. The Resolution of Participation provides
authorization for those jurisdictions to coordinate with WRCOG staff to facilitate operation of
the California HERO Program within the jurisdiction's boundaries. Entering into this MOU
would not preclude a City from participating in other financing or other PACE programs.
WRCOG would continue to administer the program, and the only staff time that would be
required through the program is the staff time required to process the City's required permits.
PROGRAM REQUIREMENTS
In order to participate in the California HERO program, property owners must meet the
following program requirements:
./ Live in a jurisdiction that is a part of the Statewide HERO Program .
./ Have a project that falls within the required minimum ($5,000) and maximum (10% of
the value of the property) assessment amounts
./ Have a clear title to the property
./ Be current on property taxes
./ Be current on mortgage payments
./ Have at least 10% equity in the property
These are more stringent lending requirements that are in line with the Department of Energy
lending guidelines. If approved, the property owner signs a contractual assessment agreement,
agreeing to repay the amount financed over the designated period, and an assessment lien is
recorded on the property to secure the financing. The loan is repaid as an assessment on the
property tax bill over the designated loan period. The project may be financed over a 5-, 10-, 15-
or 20-year period, but the period must not exceed the "useful life" of the eligible product. Due to
concerns that had previously been raised by the Federal Housing Finance Agency (FHF A),
participating property owners must also sign a waiver acknowledging that they know that they
may be in violation of their mortgage and that they may have to repay the loan if they refinance
or sell their home.
Eligible Projects
Eligible projects must be new, permanently fixed products that are installed by a contractor that
is registered to participate in the California HERO program. New construction is not eligible for
financing through the program. Examples of eligible projects include but are not limited to the
following:
./ Cool roofs
K-40
./ Windows and glass doors
./ Heating and air conditioning systems
./ Insulation
./ Solar thermal systems
./ Photovoltaic systems
./ Lighting control systems
./ Home sealing
./ Outside irrigation
SBCCOG PARTICIPATION
At its June meeting, the Governing Board adopted the California HERO Program MOU with
WRCOG. The SBCCOG will be promoting the Program within the region and will also serve as
the local contact for the program, helping to answer cities' questions and address issues that arise
during the program implementation.
To assist the cities, the attached documents provide additional background on the program.
Attachments are as follows:
1) Resolution of Participation
2) Draft staff report
3) HERO Frequently Asked Questions
If you are looking for additional information, the draft Statewide HERO program Residential and
Commercial Handbooks and the State HERO Program Report are also available upon request.
Should you have any questions on the program, please do not hesitate to contact Jacki
Bacharach, SBCCOG Executive Director at 310-293-2612 or jacki@southbaycities.org
K-41
HERO Program
(Frequently Asked Questions)
K-42
hero~ Frequently Asked Questions March 12, 2013
Q: What is the HERO Program, and how does it work?
A: HERO enables residential and commercial property owners to install energy and water efficient improvements
and renewable energy systems by having a special assessment put on their property tax bill. Payments are
made through their local county with their property taxes over time.
Q: What types of home improvements are available under the Program?
A: Over 150,000 products and services quality. Typical projects include: solar photovoltaic (PV) systems; energy
efficient space heating, air cooling and ventilation (HVAC); cool roof systems; energy efficient windows, skylights,
and doors; solar thermal water heating; air sealing and weatherization; insulation; water heating; indoor energy
efficient light fixtures; and water efficiency measures.
Q: What are the costs and benefits of joining HERO for my community?
A: There are ho hard costs to joining the HERO program and it does not require any dedicated staff resources to
develop or implement the Program. Additionally, your community will see numerous economic benefits including;
• Reduced energy consumption
• Stimulated local businesses
• Created/retained sustainable jobs
• Lowered greenhouse gas emissions
Q: Why should we choose HERO compared to another PACE program?
A: HERO is the nation's fastest-growing PACE program. By choosing HERO, your community is choosing a program
with a proven track-record of stimulating economic growth. The program was developed with a network of home
improvement contractors who count on HERO to build their businesses. They are creating new jobs everyday
and planning on expanding into regions where HERO Financing is offered.
HERO is not an exclusive program so you don't have to choose it over another program. We believe competition
is an important benefit to consumers. Not only does it provide options like restaurants, gas stations or banks
provide but it also increases overall demand because more companies are working harder to educate consumers
on the benefits of a particular type of product or service. When there are multiple options to consider solution
providers are forced to continually improve their product if they want to succeed in the marketplace.
Q: What about Freddie/Fannie/FHFA?
A: PACE legislation was adopted by the State of California to encourage the adoption of energy efficiency,
renewable energy and water efficiency measures on homes and businesses. When the legislation was enacted,
many people believed PACE was an attractive financing option due to its ability to automatically transfer
payments to a new owner if the property sold. Freddie/Fannie/FHFA have indicated that they are not willing to
purchase mortgages with PACE assessments on the property, therefore, property owners that sell or refinance to
conforming loans may need to repay their assessment.
The HERO Program works within this provision and we have found that property owners are comfortable
attending to this if, and when, the situation should arise. For most property owners the most attractive benefits are
low interest rates that are fixed, the ability to deduct the interest portion of the payments, the ability to select 5, 10,
15 and 20 year payment terms, and a simple straightforward application and document process to enable them to
get the energy efficiency, renewable energy or water efficiency product they are interested in. Being able to
transfer the balance of the financing has not proven to be a feature that has impacted a consumer's decision.
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· hero· Frequently Asked Questions March 12, 2013
Whether or not this provision remains in place or is removed, HERO provides numerous benefits that make PACE
an attractive financing option for consumers.
Q: Who is the HERO Team?
A: The HERO team is made up of a network of partners who have been working closely since January 2010 on
active residential and commercial PACE programs. Each team member is uniquely qualified for their specific role
and are industry experts within their field.
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Q: Can the HERO Program be customized to my municipality?
A: Yes, marketing materials, including the HERO website and contractor training materials, can be co-branded with
your municipality's logo and contact information. Additionally, the HERO team will work with your municipality to
review all policy considerations.
Q: Can the HERO Program be integrated with existing municipal programs?
A: Yes, the HERO Program pan be integrated with existing municipal rebate, energy finance, or other PACE
programs. Our team will work to implement the Program as a complementary component to other programs.
Q: How does our community get started?
A: Below are the process steps for HERO Financing to be offered in your community:
1 Approve Resolution
Approval by municipality of the resolution will allow the HERO Program to operate in the municipality.
The conduit issuer then completes a corresponding acceptance of the municipality to the Program.
2 Judicial Validation of City's Participation
Program legal counsel files judicial validation documents.
3 Program Marketing and Outreach
During the program validation phase, team members initiate local marketing efforts and begin outreach to
educate local contractors and property owners of funding availability, eligibility and application
procedures.
4 Program Launch
Upon completion of the validation process, the HERO Program launches and projects are able to apply
for and receive funding.
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