09-113 RESOLUTION NO. 09-113
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, CONSENTING TO INCLUSION OF PROPERTIES WITHIN THE
CITY'S INCORPORATED AREA IN THE WESTERN RIVERSIDE COUNCIL OF
GOVERNMENTS CONTRACTUAL ASSESSMENT PROGRAM TO FINANCE
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES AND
ENERGY EFFICIENCY IMPROVEMENTS
WHEREAS, the City of Menifee (the "City") is committed to the
development of renewable energy sources and energy efficiency improvements,
reduction of greenhouse gases, and protection of our environment; and
WHEREAS, in Chapter 29 of Part 3 of Division 7 of the California Streets
and Highways Code (the "Act"), the Legislature has authorized cities and
counties to assist property owners in financing the cost of installing distributed
generation renewable energy sources or making energy efficient improvements
that are permanently fixed to their property (the 'Improvements") through a
contractual assessment program; and
WHEREAS, installation of such Improvements by property owners within
the jurisdictional boundaries of the jurisdictions that are members of the Western
Riverside Council of Governments ("WRCOG") would promote the purposes
cited above and assist the member agencies of WRCOG (each, a "Member
Agency" or, together, "Member Agencies"), including the City in reducing its
greenhouse gas emissions; and
WHEREAS, the City wishes to provide innovative solutions and cost-
effective methods for its property owners to achieve greater energy efficiency
and independence, and in doing so cooperate with WRCOG in order to efficiently
and economically assist property owners in financing such Improvements; and
WHEREAS, WRCOG has authority to establish a contractual assessment
program ("the Program") as permitted by the Act, the Joint Powers Agreement of
the Western Riverside Council of Governments, originally made and entered into
April 1, 1991, as amended to date, and the Implementation Agreement by and
between WRCOG and the affected Member Agencies related to the Program to
assist property owners in financing the cost of installing distributed generation
renewable energy sources or making energy efficient improvements that are
permanently affixed to real property; and
WHEREAS, WRCOG is conducting an analysis to determine the feasibility
of the Program, and to develop parameters pursuant to the Act for
implementation and administration of the Program; and
Resolution 09-113
WRCOG AB 811
WHEREAS, the City wishes to participate with WRCOG in the Program if
WRCOG adopts the Program, under terms and conditions to be agreed to by the
City and WRCOG; and
WHEREAS, state law permits WRCOG to offer participation in the
Program to property owners in incorporated areas of any Member Agency so
long as the City Council or Board of such Member Agency approves the
proposed Resolution of Intention (defined below) to establish the Program,
consents to the inclusion in the Program of properties in the incorporated area
within such Member Agency and consents to the Improvements to be done within
such incorporated area and the assumption of jurisdiction thereover by WRCOG
for the purposes described above; and
WHEREAS, this City Council has reviewed WRCOG's proposed
Resolution of Intention to establish the Program entitled "Resolution of the
Western Riverside Council of Governments Declaring its Intention to Finance
Distributed Generation Renewable Energy Sources and Energy Efficiency
Improvements Through the Use of Contractual Assessments" ("Resolution of
Intention") attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. This City Council finds and declares that property in the City's
incorporated area will be benefited by the Improvements proposed in the
Resolution of Intention.
2. This City Council hereby supports WRCOG's ongoing feasibility
analysis and development of the Program.
3. Before the Program is implemented in the City, the City and
WRCOG shall reach an agreement addressing any conditions the City wishes to
impose on participating properties within the City.
4. This City Council hereby approves the proposed Resolution of
Intention, substantially in the form attached hereto as Exhibit A.
5. This City Council hereby finds and determines that in the event it is
necessary for the Executive Committee to make minor, nonsubstantive changes
to the Resolution of Intention; such minor, nonsubstantive changes do not require
the approval of this City Council.
6. This City Council consents to inclusion in the Program of all of the
properties in the incorporated area within City and to the Improvements proposed
in the Resolution of Intention within the City limits, upon the request and
agreement of the property owner, in compliance with applicable laws, rules and
regulations; and to the assumption of jurisdiction thereover by WRCOG for the
purposes aforesaid.
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— — Resolution 09-113 -
WRCOG AB 811
7. The consent of this City Council constitutes assent to the
assumption of jurisdiction by WRCOG for all purposes of the Program and
authorizes WRCOG, 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 such contractual assessments.
8. Staff is authorized and directed to coordinate with WRCOG staff to
facilitate operation of the Program, and report back periodically to this City
Council on the success of the Program.
9. The City Clerk is directed to send a certified copy of this resolution
to the Secretary of the WRCOG Executive Committee.
PASSED, APPROVED AND ADOPTED, this 15`h Day of September, 2009 by the
following vote: L
AYES: 4F'yUY2.U{�1��1� 7�-/
NOES: ' 4 ' O
ABSENT:: ��(�;�)
ABSTAIN: )UkA-.
Wallace W. Edgerton, M r
ATTEST:
Kathy Bennett
City Clerk
Approved as to form:
Elizab th Martyn
City Attorney
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EXHIBIT A
WRCOG RESOLUTION OF INTENTION
RESOLUTION NUMBER
RESOLUTION OF THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
DECLARING ITS INTENTON TO FINANCE DISTRIBUTED GENERATION RENEWABLE
ENERGY SOURCES AND ENERGY EFFICIENCY IMPROVEMENTS THROUGH THE USE OF
CONTRACTUAL ASSESSMENTS PURSUANT TO CHAPTER 29 OF PART 3 OF DIVISION 7
OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND SETTING A PUBLIC
HEARING THEREON
WHEREAS, pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and
Highways Code (the "Act"), the Joint Powers Agreement of the Western Riverside Council of
Governments (WRCOG), originally made and entered into April 1, 1991, as further amended to
date, and the Implementation Agreement by and between WRCOG and the affected Member
Agencies related to the Program (defined below), the Western Riverside Council of Governments
proposes to establish a contractual assessment program to assist property owners within the
jurisdictional boundaries of WRCOG's member agencies (each, a "Member Agency' and,
together, the "Member Agencies") with the cost of installing distributed generation renewable
energy sources or making energy efficient improvements that are permanently fixed to their
property("Program"); and
WHEREAS, in the opinion of this Executive Committee, property in the Member Agencies
would be benefited by including such properties in the Program, subject to the approval/consent
of the City Council or Board of any Member Agency; and
WHEREAS, WRCOG is willing to extend the program into the incorporated areas of any
Member Agency provided that the City Council of such Member Agency and WRCOG reach
agreement on any conditions on operation of the Program requested by such Member Agency,
prior to the Program being offered in such jurisdiction;
NOW, THEREFORE, BE IT RESOLVED by the Executive Committee of the Western
Riverside Council of Governments as follows:
Section 1: The Executive Committee hereby finds and declares all of the following:
A. All of the above recitals are true and correct.
B. Energy conservation efforts, including the promotion of energy efficiency
improvements to residential, commercial, industrial, or other real property, can reduce energy
consumption, energy bills, and maximize existing energy production and transmission facilities.
C. Energy efficiency improvements include improvements that promote water
efficiency. The California Energy Commission prepared a staff report in November 2005
regarding California's water-energy relationship. The report states:
"As California continues to struggle with its many critical energy supply and
infrastructure challenges, the state must identify and address the points of
highest stress. At the top of this list is California's water-energy relationship;
water-related energy use consumes 19 percent of the state's electricity, 30
percent of its natural gas, and 88 billion gallons of diesel fuel every year — and
this demand is growing. . . . [A] major portion of the solution is closer coordination
between the water and energy sectors. . . . The state can meet energy and
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demand reduction goals . . . by simply recognizing the value of the energy saved
for each unit of water saved."
The direct relationship between water use and energy use means that improvements to
residential, commercial, industrial, or other real property which promote water efficiency also
result in energy efficiency.
D. The upfront cost of making residential, commercial, industrial, or other real
property more energy efficient prevents many property owners from making those improvements.
To make those improvements more affordable and to promote the installation of those
improvements, the Legislature has authorized an alternative procedure pursuant to the Act for
authorizing contractual assessments to finance the cost of energy efficiency improvements.
E. A public purpose will be served by a contractual assessment program whereby
WRCOG is authorized to finance the installation of distributed generation renewable energy
sources and energy efficiency improvements that are permanently fixed to residential
commercial, industrial, or other real property.
F. Property located in incorporated areas of Member Agencies within WRCOG will
benefit from inclusion in the Program; and, subject to the approval/consent of the City Council of
any Member Agency, including such property in the Program will serve the public purpose of
promoting conservation efforts and addressing the issue of global climate change.
Section 2. The Executive Committee hereby determines that it would be
convenient, advantageous and in the public interest to designate the entire area of the Member
Agencies as an area within which authorized WRCOG officials and property owners may enter
into contractual assessments pursuant to the Act to finance the installation of distributed
generation renewable energy sources or energy efficiency improvements that are permanently
fixed to real property.
Section 3. The Executive Committee hereby declares that while the proposed
distributed generation renewable energy sources and energy efficiency improvements are of such
a character that they directly and peculiarly affect property in the Member Agency jurisdictions
within WRCOG and that the purposes sought to be accomplished by establishing a program to
finance the installation of such improvements can best be accomplished by a single,
comprehensive program rather then by separate programs administered by each Member
Agency. Therefore, WRCOG proposes to make contractual assessment financing available to
the owners of property in any Member Agency to finance the installation of distributed generation
renewable energy sources or energy efficiency improvements that are permanently fixed to real
property.
Section 4. The Executive Director of WRCOG (the "Executive Director") shall
prepare or direct the preparation of, as part of the report required in Section 8 of this Resolution,
and update, as the Executive Director deems necessary, a list of the distributed generation
renewable energy sources or energy efficiency improvements that may be financed through
WRCOG's contractual assessment financing program. The types of distributed generation
renewable energy sources or energy efficiency improvements eligible for financing through
contractual assessments include, but are not limited to: high efficiency air conditioning and
ventilation systems, high performance windows, high efficiency and tankless water heating
equipment, photovoltaic and thermal solar energy systems, cool roof systems, geothermal
exchange heat pumps, zoning control and energy management control systems, high efficiency
irrigation pumps and controls, natural gas fuel cells, wind and geothermal energy systems, and
wall, ceiling and roof insulation upgrades.
Section 5. The area within which contractual assessments may be entered into
pursuant to the Act is all land within the defined boundaries of the Member Agencies of WRCOG.
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Section 6. No contractual assessment will be levied on a parcel situated within a
Member Agency City area and no assessment contract will be entered into with the owner(s) of
any such parcel unless and until (1) the City Council or Board of such Member Agency has, prior
to the adoption of this resolution of intention, adopted a resolution consenting to inclusion of
parcels within such Member Agency in the contractual assessment program and authorizing
WRCOG to levy assessments, to impose the contractual assessment liens and to finance the
eligible improvement on such parcels; and (2) the City Council or Board of such Member Agency
has entered into an agreement with WRCOG addressing any conditions such Member Agency
wishes to impose on participating properties in its jurisdiction.
Section 7. The proposed arrangements for financing the contractual assessment
financing program are briefly described as follows: WRCOG may issue bonds, notes, receive
lines of credit, and enter into other financing instruments or relationships pursuant to the Act, the
principal and interest of which would be repaid by contractual assessments. Alternatively or in the
interim, WRCOG, may advance its own funds to finance work, or enter into agreements with other
public entities, including but not limited to the cities within WRCOG, to advance their funds to
WRCOG to finance work. Such advances shall be repaid through contractual assessments and
WRCOG may sell bonds or other forms of indebtedness to reimburse such advances. The
proposed financing arrangements may include the lease-purchase of public facilities pursuant to
a lease or other contractual arrangement with a public financing authority or non profit entity or
other financing elements as may be determined necessary or useful to the financing of the
contractual assessment program.
In the event improvement bonds will be issued pursuant to Streets and Highways Code
Section 5898.28 to represent assessments, all of the following will apply to the extent not in
conflict with the Act:
(a) Provision is hereby made for the issuance of improvement bonds, in one
or more series;
(b) Notice is hereby given that serial bonds or term bonds or both to
represent unpaid assessments, and to bear interest at the rate of not to
exceed 12 percent per year, or such other amount authorized by law,
payable semiannually, shall be issued hereunder in one or more series in
the manner provided by the Division 10 (to the extent not in conflict with
the Act), and the last installment of bonds shall mature a maximum of 39
years from the second day of September next succeeding 12 months
from their date.
(c) WRCOG hereby determines and declares that WRCOG shall not
obligate itself to advance available funds from WRCOG treasury to cure
any deficiency which may occur in the bond redemption fund.
(d) WRCOG hereby determines that the principal amount of bonds maturing
or becoming subject to mandatory prior redemption each year shall be
other than an amount equal to an even annual proportion of the
aggregate principal amount of the bonds, and the amount of principal
maturing or becoming subject to mandatory prior redemption in each
year plus the amount of interest payable in that year shall be an
aggregate amount that is substantially equal each year, except for the
moneys falling due on the first maturity or mandatory prior redemption
date of the bonds which shall be adjusted to reflect the amount of
interest earned from the date when the bonds bear interest to the date
when the first interest is payable on the bonds.
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(e) With respect to the procedures for collection of assessments and the
advance retirement of bonds, WRCOG proposes to proceed under the
provisions of Part 11.1 of Division 10 (commencing with Section 8760 of
the Streets and Highways Code).
Section 8. The Executive Committee hereby directs the Executive Director to
prepare, or direct the preparation of, and file with the Board of Supervisors a report pursuant to
Section 5898.22 of the California Streets and Highways Code at or before the time of the public
hearing described in Section 8 hereof(the"Report"), The Report shall contain all of the following:
(a) A map showing the boundaries of the territory within which contractual
assessments are proposed to be offered.
(b) A draft contract specifying the terms and conditions that would be agreed
to by a property owner within the contractual assessment area and
WRCOG.
(c) A statement of WRCOG policies concerning contractual assessments
including all of the following:
(i) Identification of types of facilities, distributed generation
renewable energy sources, or energy efficiency
improvements that may be financed through the use of
contractual assessments;
(ii) Identification of a WRCOG official authorized to enter into
contractual assessments on behalf of WRCOG,
(iii) A maximum aggregate dollar amount of contractual
assessments; and
(iv) A method for setting requests from property owners for
financing through contractual assessments in priority order in
the event that requests appear likely to exceed the
authorization amount.
(d) A plan for raising a capital amount required to pay for work performed
pursuant to contractual assessments. The plan may include amounts to
be advanced by WRCOG through funds available to it from any source.
The plan may include the sale of a bond or bonds or other financing
relationship pursuant to Streets and Highways Code Section 5898.28.
The plan shall include a statement of or method for determining the
interest rate and time period during which contracting property owners
would pay any assessment. The plan shall provide for any reserve fund
or funds. The plan shall provide for the apportionment of all or any
portion of the costs incidental to financing, administration, and collection
of the contractual assessment program among the consenting property
owners and WRCOG.
Section 9. The Executive Committee hereby calls a public hearing to be held on
2009 at a.m., or as soon thereafter as feasible, in the First
Floor Board Chambers, County of Riverside Administrative Center, 4080 Lemon Street,
Riverside, California, on the proposed Report and the Program. At the public hearing all
interested persons may appear and hear and be heard and object to or inquire about the
proposed Program or any of its particulars.
Section 10. The Secretary of the Executive Committee is hereby directed to provide
notice of the public hearing by publishing this Resolution once a week for two weeks, pursuant to
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Section 6066 of the California Government Code, in the [ 1 and the first
publication shall not occur later than 20 days before the date of such hearing.
Section 11. The contractual assessments levied pursuant to the Act, and the interest
and any penalties thereon, shall constitute a lien against the lots and parcels of land on which
they are made, until they are paid. The contractual assessments shall be collected in the same
manner and at the same time as the general taxes of WRCOG on real property are payable and
shall be subject to the same penalties, remedies and lien priorities in the event of delinquency
and default. As a cumulative remedy, if any contractual assessment or installment thereof, or of
any interest thereon, together with any penalties, costs, fees and other accrued charges are not
paid when due, the Executive Committee may order that the same be collected by an action
brought in superior court to foreclose the lien thereof as provided in Division 10 of the California
Streets and Highways Code.
Section 12. The Executive Committee hereby directs the Executive Director to
determine and discuss in the Report what additional fees, if any, will be charged, annually, by the
Auditor Controller's office for incorporating the proposed contractual assessments on the tax roll.
PASSED AND ADOPTED at a Meeting of the Executive Committee of the Western
Riverside Council of Governments held this day of , 2009.
AYES:
Robin Lowe, Chair
WRCOG Executive Committee
NOES:
ABSENT:
Rick Bishop, Secretary
WRCOG Executive Committee ABSTAIN:
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IMPLEMENTATION AGREEMENT
BETWEEN THE WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS
AND THE CITY OF MENIFEE TO IMPLEMENT AB 811
This Implementation Agreement ("Agreement') is entered into as of September 15,
2009 between the WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS ("WRCOG"), a joint
powers authority formed under Government Code sections 6500 et seq., and the City of Menifee
("Member Agency"), a public agency formed under the laws of the State of California. WRCOG and
the Member Agency are sometimes collectively referred to in this Agreement as the "Parties" or
individually as a"Party."
RECITALS
WHEREAS, various cities within Riverside County and the County of Riverside entered into a
Joint Powers Agreement on April 1, 1991, as amended from time to time, to create WRCOG ("JPA");
and
WHEREAS, Member Agency is a signatory to the JPA; and
WHEREAS, Article VIII of JPA permits any WRCOG member agency, when authorized by
the Executive Committee, to execute an Implementation Agreement for the purpose of authorizing
WRCOG to implement, manage and administer area-wide and regional programs in the interest of the
local public welfare; and
WHEREAS, the JPA permits WRCOG, when authorized by an Implementation Agreement, 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; and
WHEREAS, on June 30, 2008, the State Legislature enacted Assembly Bill 811, codified as
Streets and Highways Code sections 5898.10 et seq. ("AB 811") to permit cities and counties to assist
property owners who desire to undertake energy-efficient improvements, such as high-efficiency air
conditioners, or install renewable energy projects, such as solar panels; and
WHEREAS, WRCOG member agencies have the common power to implement and administer
contractual assessment programs pursuant to AB 811 (the "Program") to finance installation of
distributed generation renewable energy sources or energy efficiency improvements within their
jurisdictions; and
WHEREAS, WRCOG and Member Agency desire to enter into this Agreement in order to
authorize WRCOG to implement and administer the Program on behalf of Member Agency; and
WHEREAS, the Executive Committee has authorized Member Agency to enter into this
Agreement.
NOW, THEREFORE,the Parties hereby understand and agree as follows:
RVPUB\ZKATOR\762610.1 1
WRCOG Implementation Agreement
AB 811
AGREEMENT
Section 1: Establishing the Program
WRCOG will undertake proceedings pursuant to AB 811 to establish the Program to
make contractual assessment financing available to eligible property owners within the jurisdictional
boundary of Member Agency.
Section 2: Establishing Eligible Improvements
WRCOG shall identify the kinds of public works, distributed generation renewable
energy sources, or energy efficiency improvements that may be financed ("Eligible Improvements")
under the Program.
Section 3: Boundary of Program
WRCOG, in coordination with Member Agency, shall describe the boundaries of the area
within which contractual assessments under the Program may be entered into, which may include the
entire jurisdictional area of Member Agency or a lesser portion thereof.
Section 4: Financing the Installation of Eligible Improvements
WRCOG shall develop and implement a plan for the financing of the purchase and installation
of the Eligible Improvements under the Program.
Section 5: Ongoing Administration
WRCOG shall be responsible for the ongoing administration of the Program, including but not
limited to producing education plans to raise public awareness of the Program, soliciting, reviewing
and approving applications from residential and commercial property owners participating in the
Program, establishing contracts for residential and commercial property owners participating in
Program, establishing and collecting assessments due under the Program, and providing reports as
required by Streets & Highways Code sections 5898.20(b) and 5898.22. The program will be
administered in accordance with WRCOG JPA.
Section 6: Phased Implementation
The Parties recognize and agree that implementation of the Program as a whole can and
may be phased as other WRCOG member agencies execute similar Implementation Agreements. The
Member Agency entering into this Agreement will obtain the benefits of and incur the obligations
imposed by this Agreement in its jurisdictional area, irrespective of whether other WRCOG member
agencies enter into similar Implementation Agreements.
Section 7: Term
The term of this Agreement shall be for twenty (20) years unless modified or extended
pursuant to this Agreement.
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WRCOG Implementation Agreement
AB 811
Section 8: Termination
Upon ninety (90) days written notice, either Party may terminate this Agreement.
Termination shall not relieve the Party of its proportionate share of any debts or other liabilities
incurred under this Agreement prior to the effective date of the Party's notice of termination.
Section 9: Environmental Review
WRCOG shall be the lead agency under the California Environmental Quality Act for
any environmental review that may required in implementing or administering the Program under this
Agreement.
Section 10: Cooperative Effort
Member Agency shall cooperate with WRCOG by providing information and other
assistance in order for WRCOG to meet its obligations hereunder. Member Agency recognizes that one
of its responsibilities related to the Program will include any permitting or inspection requirements as
established by the Member Agency.
Section 11: Miscellaneous Provisions
11.1 Notice. Any and all communications and/or notices in connection with this
Agreement shall be either hand-delivered or sent by United States first class mail, postage prepaid, and
addressed as follows:
WRCOG:
Western Riverside Council of Governments
4080 Lemon Street, 3rd Floor. MS1032
Riverside, CA 92501-3609
Att: Executive Director
MEMBER AGENCY:
City of Menifee
29714 Haun Road
Menifee, CA 92586
11.2 Entire Agreement. This Agreement, together with the JPA and WRCOG By-
laws, constitutes the entire agreement among the Parties. This Agreement 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.
11.3 Successors and Assigns. This Agreement and each of its covenants and
conditions shall be binding on and shall inure to the benefit of the Parties and their respective
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WRCOG Implementation Agreement
AB 811
successors and assigns. A Party may only assign or transfer its rights and obligations under this
Agreement with prior written approval of the other Party, which approval shall not be unreasonably
withheld.
11.4 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.
11.5 Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California, as applicable.
11.6 No Third Party Beneficiaries. This Agreement 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 Agreement to maintain a suit for personal injuries or property damages under
the provisions of this Agreement. The duties, obligations, and responsibilities of the Parties to this
Agreement with respect to third party beneficiaries shall remain as imposed under existing state and
federal law.
11.7 Severability. In the event one or more of the provisions contained in this
Agreement is held invalid, illegal or unenforceable by any court of competent jurisdiction, such portion
shall be deemed severed from this Agreement and the remaining parts of this Agreement shall remain
in full force and effect as though such invalid, illegal, or unenforceable portion had never been a part
of this Agreement.
11.8 Headings. The paragraph headings used in this Agreement are for the
convenience of the Parties and are not intended to be used as an aid to interpretation.
11.9 Amendment. This Agreement 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 Agreement shall be of no effect.
IN WITNESS WHEREOF, THE PARTIES HERETO have executed this Agreement to be in
effect as of the date last signed below.
By: Date:
Executive Committee Chair
Western Riverside Council of Governments
By: 0g&� PQ ate: 9
Mayor Wallace E gerton
City of Menifee
By: & � Date:
Legal Counsel
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Wallace W.Edgerton
Mayor
September 15, 2009
Darcy Kuenzi
Mayor Pro Tem The Honorable Robin Lowe
John V.Denver Chair, Executive Committee
Councilmember Western Riverside Council of Governments
4080 Lemon Street, 3`a Floor
Scott A.Mann Riverside, CA 92501
Councilmember
Subject: Letter of Support for the Western Riverside Council of
Fred Twyman Governments Energy Efficiency and Water Conservation Program
Councilmember
Dear Chairwoman Lowe:
The City of Menifee supports the Western Riverside Council of Governments
(WRCOG) efforts to implement a regional Energy Efficiency and Water Conservation
Program (Program) on behalf of participating member jurisdictions, and supports your
efforts in securing a $300 million partnership loan between the Federal Government
and WRCOG for Program implementation.
California legislation allows for cities and counties to provide loans to residential and
commercial property owners for the purchase and installation of energy efficient
improvements to their properties. Improvements would include, but are not limited to,
solar panels, heating and air conditioning systems, windows, pool filtration systems
and other energy efficient and water conserving improvements that are permanently
affixed to properties. Energy efficient investments, over time, tend to pay for
themselves due to reduced utility bills. Energy savings also delays the need for costly
new energy generation and transmission infrastructure to be funded and constructed
in a state with limited resources.
Unfortunately, many homeowners and businesses do not have the resources to pay
the up-front costs for these types of improvements. WRCOG's Program will provide
low-interest loans for the purchase and installation of improvements, with repayment
being made through annual property tax installments over a specified number of
years. This approach removes the up-front initial costs from becoming a detriment to
energy efficient retrofitting, and will allow for thousands of homes and businesses in
one of the fastest growing areas in the nation to reduce energy use, improve home
values, and create jobs.
Among the reasons for the City of Menifee support for this Program, and loan request,
are the following:
1) Creates iobs: A$300 million loan would create approximately 3,200 jobs in a
region that is experiencing unemployment of nearly 15% (among the highest levels
of unemployment in the State) and retain hundreds of jobs in the contracting and
construction-related fields.
29714 Haun Road
Menifee,CA 92586
Phone 951.672.6777
Fax 951.679.3843
www.cityofrnen1fee.us
Letter of Support
WRCOG AB 811
2) Maximizes existing energy infrastructure investments: The best way to avoid or
delay costly investments in new energy development and transmission
infrastructure is to reduce current energy use.
3) Regional approach could fund improvements to13,500 properties: Condensing
administrative responsibilities under one agency (WRCOG) will also minimize
administrative costs compared to having jurisdictions allocate limited staff
resources for individual, smaller-sized programs.
4) Helps residents make smart decisions about energy efficiency: The Program would
provide no-money-down and fixed-rate financing over a specified number of years
to residential and commercial properties for installing energy-efficient
improvements, removing the barrier that many property owners face when deciding
on whether to pursue retrofits to their homes or businesses;
5) Positions the region a leader in addressing climate change mandates: WRCOG's
regional approach could serve as a template for addressing greenhouse gas
emission requirements of AB 32: The California Global Warming Solutions Act of
2006.
6) Program is voluntary: The Program will apply only to property owners that desire to
participate.
The City of Menifee encourages you to continue California's efforts to use energy and
water efficiently on a permanent basis, lead efforts that would allow for low-interest
loans (to be fully repaid with interest to the federal government) to residential and
commercial property owners to implement energy efficient and water conservation
improvements.
Sincerely,
Wallace W. Edgerton
Mayor
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