HomeMy WebLinkAboutCity Council Agenda Item No. 20CITY OF
LADE - LSIIYOIZE
DREAM
REPORT TO CITY COUNCIL
TO: HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM: THOMAS P. EVANS
INTERIM CITY MANAGER
DATE: SEPTEMBER 25, 2012
SUBJECT: WRCOG STATEWIDE HERO PROGRAM
Recommendation
Approve the Amendment to the Joint Powers Agreement of the Western Riverside
Council of Governments to Permit the Provision of PACE Services statewide.
Background
The Executive Committee of the Western Riverside Council of Governments ( WRCOG)
has directed staff to expand on the success of its HERO Program and implement a
Statewide HERO Program. The new program will be called PACE (Property
Assessment Clean Energy).
The HERO Program allows for property owners to finance energy efficiency, water
conservation, and renewable energy projects and to pay that financing back through a
voluntary assessment on the property owner's tax bill. The Program has both a
residential and commercial component and more information can be found at
www.beariversidehero.com
Since its launch in late 2011, WRCOG's HERO Program has been very successful.
Currently, WRCOG's HERO Program (residential component only) has approved nearly
$50 million in financing for projects. Because of the Program's success, WRCOG staff
has been examining the possibility of creating a Statewide HERO Program that would
allow other jurisdictions in the state to offer HERO to its property owners under a
program that would be administered by WRCOG. Jurisdictions that elect to participate
in WRCOG's Program would see considerable benefit as they would avoid the costs
AGENDA ITEM NO. 20
Page 1 of 1 I
WRCOG Statewide Hero Program
September 25, 2012
Page 2
and considerable time it takes to develop a program from scratch. WRCOG, by
providing a turn -key administrative service, would benefit by receiving revenues for the
services provided.
There are two options that WRCOG can pursue in meeting its objective to implement a
statewide program which include 1) using WRCOG's current Joint Powers Agreement
(JPA) or 2) create new JPA with a member agency. WRCOG staff is in the process of
examining both options and will be making further recommendations to the WRCOG
Executive Committee regarding the pros and cons of each option.
Discussion
On June 4, 2012, the WRCOG Executive Committee directed WRCOG staff to develop
the constructs for a Statewide HERO Program.
On August 6, 2012, the WRCOG Executive Committee approved an Amendment to the
Joint Powers Agreement of the Western Riverside Council of Governments to permit the
provision of Property Assessed Clean Energy (PACE) services statewide. All WRCOG
JPA member agencies must approve the amended JPA.
Once the WRCOG JPA has been amended, WRCOG staff and its consulting team can
begin marketing the Program to other agencies in the State for their consideration.
Fiscal Impact
None.
Attachment: Amendment to the Joint Powers Agreement of the Western Riverside
Council of Governments to Permit the Provision of PACE Services statewide.
Prepared and
Approved by: Thomas P. Evans
Interim City Manager
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AMENDMENT TO THE JOINT POWERS AGREEMENT OF
THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF PACE SERVICES
This Amendment to the Joint Powers Agreement ( "Amended Agreement ") is made and
entered into on the _day of , 2012, by and between seventeen cities located within
Western Riverside County and the County of Riverside (collectively the "Parties').
RECITALS
WHEREAS, seventeen cities located within Western Riverside County and the County of
Riverside have entered into a Joint Powers Agreement on April 1, 1991, and through subsequent
amendments thereto (the "JPA' ), to form the Western Riverside Council of Governments
( "WRCOG "); and
WHEREAS, on July 21, 2008, Assembly Bill 811 ( "AB 811 ") was signed into law to
amend Chapter 29 of the Improvement Bond Act of 1911, being Division 7 of the California
Streets and Highways Code ( "Chapter 29 ") to authorize cities, counties, and cities and counties
to establish voluntary contractual assessment programs to fund various renewable energy sources
and energy efficiency improvements to property, commonly referred to as a Property Assessed
Clean Energy ( "PACE ") program; and
WHEREAS, the Legislative intent of AB 811 is to finance the installation of distributed
generation renewable energy sources or energy efficiency improvements that are permanently
fixed to residential, commercial, industrial, or other real property; and
WHEREAS, Chapter 29 was subsequently amended by the enactment of AB 474
effective January 1, 2010, to enable a PACE program established pursuant to Chapter 29 to
finance the installation of water efficiency improvements in addition to the improvements
authorized to be financed pursuant to AB 811;
WHEREAS, WRCOG is authorized to implement the purposes of Chapter 29 to establish
a PACE program pursuant to the provisions of Government Code Section 6502; and
WHEREAS, WRCOG has determined that it is within the best interests of the
communities that it serves, and the State of California, for WRCOG to provide a PACE program
pursuant to Chapter 29 as now enacted or as such legislation may be amended hereafter,
including the operation of a PACE financing program within Riverside County as well as outside
Riverside County; and
WHEREAS, WRCOG desires to allow jurisdictions outside WRCOG's jurisdictional
boundaries to participate in WRCOG solely for the purpose of facilitating WRCOG's
implementation of PACE programs within their jurisdictional boundaries, but without providing
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those local jurisdictions any of the rights common to the members within WRCOG's jurisdiction
pursuant to the JPA; and
WHEREAS, pursuant to Government Code sections 6500 et seq., the parties to the JPA
desire to amend the JPA to allow for the provision of PACE services, including the operation of
a PACE financing program within and outside Riverside County.
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MUTUAL UNDERSTANDINGS
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
hereinafter stated, the Parties hereto agree as follows:
Section 1: The last sentence of Section 2.1 of the Agreement shall be amended to read as
follows"
"Only the parties identified in this section and Associate Members
approved under section 8.2 of this Agreement, if any, shall be considered
contracting parties to this Agreement under Government code section
6502, provided that the rights of any Associate Member under this
Agreement shall be limited solely those rights expressly set forth in a
PACE Agreement authorized in section 8.2 of this Agreement."
Section 2: The heading of Section VIII to the JPA is hereby amended to read as follows:
"PACE IMPLEMENTATION AND PARTICIPATION AGREEMENTS;
ASSOCIATE MEMBERSHIP ".
Section 3: Section 8.2 shall be added to the JPA and shall read as follows:
8.2 PACE Agreements; Associate Membership.
WRCOG shall be empowered to establish and operate one or more
Property Assessed Clean Energy ( "PACE ") programs pursuant to Chapter
29 of the Improvement Bond Act of 1911, being Division 7 of the
California Streets and Highways Code, and to enter into one or more
agreements, including without limitation, participation agreements,
implementation agreements and joint powers agreements and amendments
thereto to fulfill such programs both within and outside the jurisdictional
boundaries of WRCOG.
WRCOG, acting through its Executive Committee, shall be empowered to
establish an "Associate Member" status that provides membership in
WRCOG to local jurisdictions that are outside WRCOG's jurisdictional
boundaries but within whose boundaries a PACE program will be
established and implemented by WRCOG. Said local jurisdictions shall
become Associate Members of WRCOG by adopting one or more
agreements (the "PACE Agreement ") on the terms and conditions
established by the Executive Committee and consistent with the
requirements of the Joint Exercise of Powers Act, being 5 of Division 7,
Title 1 of the California Government Code (Sections 6500 et seq.) The
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rights of Associate Members shall be limited solely to those terms and
conditions expressly set forth in the PACE Agreement for the purposes of
implementing the PACE program within their jurisdictional boundaries.
Except as expressly provided for by the PACE Agreement, Associate
Members shall not have any rights otherwise granted to WRCOG's
members by this Agreement, including but not limited to the right to vote,
right to amend this Agreement, and right to sit on committees or boards
established under this Agreement or by action of the Executive Committee
or the General Assembly, including, without limitation, the General
Assembly and the Executive Committee.
Section 4: This amendment is to become effective in accordance with Section 9.1 of the
JPA.
Section 5: All other provisions and terms of the JPA are to remain unchanged.
Section 6: This Amendment may be executed in counterparts.
IN WITNESS WHEREOF, the Parties hereto have caused this Amended Agreement to be
executed and attested by their officers thereunto duly authorized as of the date first above
written.
[SIGNATURES ON FOLLOWING PAGES]
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SIGNATURE PAGE TO THE
AMENDMENT TO THE JOINT POWERS AGREEMENT OF
THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
TO PERMIT THE PROVISION OF PACE SERVICES
ATTEST:
City Clerk
City of Banning
ATTEST:
City Clerk
City of Calimesa
ATTEST:
City Clerk
City of Canyon Lake
I�
ATTEST:
City Clerk
City of Corona
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CITY OF BANNING
By
Mayor
CITY OF CALIMESA
By
Mayor
CITY OF CANYON LAKE
Mayor
CITY OF CORONA
By
Mayor
Page 7 of 11
ATTEST:
City Clerk
City of Eastvale
Dated:
ATTEST:
City Clerk
City of Hemet
By:
Dated:
ATTEST:
City Clerk
City of Jurupa Valley
ATTEST:
City Clerk
City of Lake Elsinore
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CITY OF EASTVALE
By
Mayor
CITY OF HEMET
Mayor
CITY OF JURUPA VALLEY
By
Mayor
CITY OF LAKE ELSINORE
Mayor
Page 8 of 11
ATTEST:
City Clerk
City of Menifee CITY OF MENIFEE
m
Mayor
ATTEST:
City Clerk
City of Moreno Valley CITY OF MORENO VALLEY
By
Mayor
ATTEST:
City Clerk
City of Murrieta CITY OF MURRIETA
By
Mayor
ATTEST:
City Clerk
City of Norco CITY OF NORCO
Mayor
20323.00005 \7454300.5
Page 9ofII
ATTEST:
City Clerk
City of Perris
ATTEST:
City Clerk
City of Riverside
C
ATTEST:
City Clerk
City of San Jacinto
Dated:
ATTEST:
City Clerk
City of Temecula
I=
0
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CITY OF PERRIS
By
Mayor
CITY OF RIVERSIDE
Mayor
CITY OF SAN JACINTO
By
Mayor
CITY OF TEMECULA
By
Mayor
Page 10 of 11
ATTEST:
City Clerk
City of Wildomar
In
ATTEST:
County Clerk
County of Riverside
M
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CITY OF WILDOMAR
Mayor
COUNTY OF RIVERSIDE
By
Chairman
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