HomeMy WebLinkAbout8/3/2016 - STAFF REPORTS - 1.M. F;Ot PLM Sp9
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q��FORa� City Council Staff Report
Date: August 3, 2016 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 4 TO AGREEMENT NO. 4898 — A
MEMORANDUM OF UNDERSTANDING WITH CVAG REGARDING
AB2766 MOTOR VEHICLE REGISTRATION FEE ASSESSMENTS
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
Approval of Amendment No. 4 to the Memorandum of Understanding ("MOU") with the
Coachella Valley Association of Governments ("CVAG") increases the City's
contribution of its AB2766 motor vehicle registration fee assessments from 60% to 75%.
RECOMMENDATION:
1) Approve Amendment No. 4 to Agreement No. 4898 with CVAG; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On December 1, 2010, the City Council approved a new MOU with CVAG related to
payment of the City's Assembly Bill 2766 ("AB2766") motor vehicle registration fee
assessments towards the regional PM-10 street sweeping program. AB2766, signed
into law in 1990, established certain vehicle registration fees towards air quality
improvements, particularly ride share programs and regional dust control street
sweeping. The new MOU required the City to pay CVAG 100% of its AB2766
assessments in order to fully fund the regional PM10 street sweeping program as a
result of a loss of federal funds for the program.
However, on June 27, 2011, the CVAG Executive Committee approved an amendment
to the new MOU to decrease the AB2766 payments from 100% of the City's allocation
to 60% when other funding sources became available. Beginning Fiscal Year
2014/2015 matching funds from other programs were reduced, requiring CVAG to
request an increase of 15% of the allocation from AB2766 payments to 75% to
supplement the shortfall. A full copy of the CVAG Executive Committee staff report and
ITEM NO.
FQAAM SA
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PP rO1eO9P n'r
cQIIFORN�P. City Council Staff Report
Date: August 3, 2016 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 4 TO AGREEMENT NO. 4898 — A
MEMORANDUM OF UNDERSTANDING WITH CVAG REGARDING
AB2766 MOTOR VEHICLE REGISTRATION FEE ASSESSMENTS
From: David H. Ready, City Manager
Initiated by: Engineering Services Department
SUMMARY
Approval of Amendment No. 4 to the Memorandum of Understanding ("MOU") with the
Coachella Valley Association of Governments ("CVAG") increases the City's
contribution of its AB2766 motor vehicle registration fee assessments from 60% to 75%.
RECOMMENDATION:
1) Approve Amendment No. 4 to Agreement No. 4898 with CVAG; and
2) Authorize the City Manager to execute all necessary documents.
STAFF ANALYSIS:
On December 1, 2010, the City Council approved a new MOU with CVAG related to
payment of the City's Assembly Bill 2766 ("AB2766") motor vehicle registration fee
assessments towards the regional PM-10 street sweeping program. AB2766, signed
into law in 1990, established certain vehicle registration fees towards air quality
improvements, particularly ride share programs and regional dust control street
sweeping. The new MOU required the City to pay CVAG 100% of its AB2766
assessments in order to fully fund the regional PM10 street sweeping program as a
result of a loss of federal funds for the program.
However, on June 27, 2011, the CVAG Executive Committee approved an amendment
to the new MOU to decrease the AB2766 payments from 100% of the City's allocation
to 60% when other funding sources became available. Beginning Fiscal Year
2014/2015 matching funds from other programs were reduced, requiring CVAG to
request an increase of 15% of the allocation from AB2766 payments to 75% to
supplement the shortfall. A full copy of the CVAG Executive Committee staff report and
s�^^
ITEM NO.�13�
City Council Staff Report
August 3, 2016 -- Page 2
Amendment No. 4 to Agreement 4898—CVAG AB2766
Amendment No. 4 to increase the contributions from affected cities and the County from
60% to 75% for four fiscal years through June 30, 2020, is included as Attachment 1
and Attachment 2, respectively. Agreement No. 4898 including Amendments 1-3 is
included as Attachment 3 for reference.
ENVIRONMENTAL IMPACT:
The requested City Council action is not a "Project' as defined by the California
Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a "Project' means the
whole of an action, which has a potential for resulting in either a direct physical change
in the environment, or a reasonably foreseeable indirect physical change in the
environment. The requested action is to approve an amendment to a Memorandum of
Understanding with CVAG relating to the City's allocation of funding to regional street
sweeping programs, and is exempt from CEQA pursuant to Section 15378(b), in that a
'Project' does not include: (5) Organizational or administrative activities of
governments that will not result in direct or indirect physical changes in the environment.
FISCAL IMPACT:
The City has allocated a budget of $57,600 in the 2016/2017 Fiscal Year budget for
revenues received from the City's current 60% allocation of AB2766 payments. This
budget is established for ride share programs and street sweeping services. A reduction
of 15% of this allocation by CVAG will reduce the budget by $8,640.
SUBMITTED: 4,
Marcus L. Fuller, MPA, PE, PLS David H. Ready, Esq.,
Assistant City Manager/City Engineer City Manager
Attachments:
1. CVAG Staff Report
2. Amendment No. 4
3. Agreement 4898 including Amend. 1-3
02
ATTACHMENT 1
03
ITEM 7D
Coachella Valley Association of Governments MVAG
Executive CommitteeJune 6,2016
Staff Report
Subject: AB 2766 MOU Amendment Four for Fiscal Years: 2016-17 through 2019-20
Contact: Eric Cowie, Transportation Program Manager (ecowle(a cvaa.org)
RECOMMENDATION: Approve Amendment Four to the AB 2766 Memorandum of
Understanding (MOU) between CVAG and the Member Jurisdictions to increase the
contributions from the cities and the County from 60% to 75% for four fiscal years through
June 30, 2020.
Technical Advisory Committee: Meeting of May 91" cancelled
Energy and Environmental Resources Committee: Concurs with Amendment at 60% (Meeting
of May 121")
BACKGROUND: The Regional Street Sweeping program is one of the most significant air quality
.,control measures"to reduce particulate matter of less than 10 microns(PM10). The Coachella Valley
and the Salton Sea Air Basin are non-attainment areas for PM10. The program also has the additional
benefit of keeping all the major streets in the Coachella Valley clean and doing so at low per mile cost
due to economies of scale.
There are three primary sources of funding for the regional street sweeping program: Mobile Source
Air Pollution Reduction Review Committee (MSRC) grant funding, Colmac funding associated with
mitigating air pollution impacts from a power plant, and AB2766 funds that the Cities/County receive
from a $4 per vehicle surcharge on annual registration fees that must be used to reduce air pollution
from motor vehicles. As MSRC and Colmac funding either increases or decreases or program costs
increase or decrease, the percent of AB 2766 funds from the Cities/Counties to make up the shortfall
has also been adjusted. The percentage from each city has ranged from 33% to 100%over the past
ten years and is currently at 60%. However, reductions in MSRC funding, described below, require
an increase in AB 2766 funds to a 75% level. There are no expected changes in Colmac funding,
which is set by the County of Riverside at $150,000 through 2019/2020. Additionally, the program
costs are not expected to change very much or at all. A draft agreement with anew street sweeping
vendor is being considered by the Energy and Environment Committee on June 9'h and on the next
Technical Advisory Committee and Executive Committee agendas.
For the last four years, the MSRC's annual Local Government Match Program (LGMP) has offered a
separate category to support the Coachella Valley's Regional PM10 Street Sweeping Program. The
category initially established a targeted funding level of$250,000 to be awarded on a dollar for dollar
basis annually. Beginning in FY 2014/15 this amount was reduced to $125,000 annually. CVAG has
consistently applied for these funds and was recently awarded its fifth year of MSRC funding. CVAG
staff is working with the MSRC to identify funding options for current and future years. It has become
clear that the $125,000 shortfall will continue for FY 2016/17.
Amendment Three to the current MOU expires June 30, 2016. Given that the funding streams
established to offset the costs of the Regional Street Sweeping Program are expected to fall short of
the costs to operate the program, staff recommends the attached Amendment Four to the MOU to
increase the contribution from sixty percent (60%) to seventy-five (75%) of AB 2766 funds from
04
member jurisdictions be approved for the next four fiscal years through June 30, 2020. Increasing the
member jurisdiction contribution from 60% to 75% is based on the following factors:
- Established funding streams for regional street sweeping activities have been reduced;
- A Regional Program with continued sweeping schedule of 26 weeks is essential to meeting our air
quality goals. CVAG will work with the members and the operator with regards to the most optimal
use of these funds;
- In some years, wind conditions require that additional clean up occur on problematic streets at
additional cost;
When presented to the Energy and Environment Committee at their May 12"1 meeting, staff indicated
that if no additional funding is found to be available, it was likely that CVAG will return to the
jurisdictions in the near future looking for an increase in the contribution percentage of AB 2766 Funds
to cover the costs of the Regional PM10 Street Sweeping Program. Since that meeting a more
complete analysis of the current costs of the program and available funding has been completed as
part of the budget process, demonstrating the shortfall in funding. Staff now recommends that the
increase in member contributions to 75% be considered now, to take effect July 1, 2016.
FISCAL ANALYSIS: Given that the development of two funding streams (MSRC and Colmac) will
continue and will help supplement the proposed seventy-five percent (75%) contribution from the
jurisdictions; staff recommends that Amendment Four be for a period of four (4) fiscal years. CVAG
continues to negotiate with MSRC to address the $125,000 reduction in their annual funding to the
region.
The suggested increase of 15% to 75% in AB 2766 funds from jurisdictions will create approximately
$78,000 in additional revenue for the PM10 Street Sweeping Program, enough to fund the program at
its current level of service as anticipated in the draft four-year Street Sweeping Agreement coming up
for consideration in June Committee meetings.
CONTRACT FINALIZATION: Minor changes/revisions may be made for clarification purposes by
CVAG Executive Director and Legal Counsel prior to execution.
ATTACHMENT:
1. Amendment Four to AB 2766 Memorandum of Understanding
05
ATTACHMENT 2
06
AMENDMENTFOUR
TO
AB2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
JULY 1, 2016
The AB2766 Memorandum of Understanding (MOU) is made and entered into by and between the
Coachella Valley Association of Governments (CVAG) and the CVAG member jurisdictions. The
parties acknowledge that this Amendment shall be for the period starting July 1, 2016 and shall bind
the parties hereunder for the entire term of the four-year amendment; through June 30, 2020.
The AB2766 MOU is hereby amended through this Amendment Four as follows:
1) At their June 27, 2016 meeting, the Executive Committee approved to increase CVAG's
AB2766 formula to 75%to provide sustainable funding of the Regional PM10 Street Sweeping
Program and related activities starting July 1, 2016 through June 30, 2020;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
By:
Title: Stanley E. Henry, CVAG Chair
Date:
CITY (COUNTY) OF
By:
Title:
Date:
07
ATTACHMENT 3
08
AMENDMENT THREE
TO
AB2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
JULY 1, 2014
The AB2766 Memorandum of Understanding (MOU) is made and entered into by and between
the Coachella Valley Association of Governments (CVAG) and the CVAG member jurisdictions.
The parties acknowledge that this Amendment shall be for the period starting July 1, 2014 and
shall bind the parties hereunder for the entire terra of the two year amendment; through June 30,
2016.
The AB2766 MOU is hereby amended through this Amendment Three as follows:
1) At their April 28, 2014 meeting, the Executive Committee approved to maintain CVAG's
AB2766 formula at 60 to provide sustainable funding of the Regional PM10 Street
Sweeping Program and related activities starting July 1, 2014 through June 30, 2016;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
By
Title: ion Adoloff, CVA hair
Date: in r as ,
CITY(COUNTY)OF �����+ ���,, /t✓.✓6s
Title:
Date:
��.� , 09
AMENDMENTTWO
TO
AB2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
JULY 1, 2012
The AB2766 Memorandum of Understanding (MOU) is made and entered into by and between
the Coachella Valley Association of Governments (CVAG) and the CVAG member jurisdictions.
The parties acknowledge that this Amendment shall be for the period starting July 1, 2012 and
shall bind the parties hereunder for the entire term of the two year amendment; through June 30,
2014.
The AB2766 MOU Is hereby amended through this Amendment Two as follows:
1) At their June 25, 2012 meeting, the Executive Committee approved to maintain CVAG's
AB2766 formula at 60% to provide sustainable funding of the Regional PM10 Street
Sweeping Program and related activities starting July 1, 2012 through June 30, 2014;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
n r
By:
Title: JoseeWDe Coninck, CVAG Vice Chair
Date: Alaska
CITY(COUNTY) OF /��'<ry1 �/�/�✓G�
By: �
Title: c, f NYC
Date:
10
AMENDTW0T0A62766M0MNEAW 00CX
AMENDMENT ONE
TO
AB2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS (EXCEPT INDIO)
JULY1, 2011
The A82766 Memorandum of Understanding (MOU) is made and entered into by and between
the Coachella Valley Association of Governments (CVAG) and the CVAG member jurisdictions
with the exception of the City of Indio. The parties acknowledge that this Amendment shall be for
the period starting July 1, 2011 and shall bind the parties hereunder for the entire term of the
amendment, through June 30, 2011.
The AB2766 MOU is hereby amended through this Amendment One as follows:
1) At their June 27, 2011 meeting, the Executive Committee approved a modification of
CVAG's AB2766 formula from 100% to 60% to provide sustainable funding of the
Regional PM10 Street Sweeping Program and related activities starting July 1, 2011
through June 30, 2012;
2) All other terms and conditions shall remain the same.
EXHIBIT B: Decrease in current formula to jurisdictions
COACHELLA VALLEY ASSOCIATION GOVERNMENTS
By:
Tire:
ne Parks, CVAG C air
'ilt,ju
CITY(COUNTY) OF Ai-M SP=1,4 s
By: '� �� APpf�Plf . '5S TO FOW
Title: City Manager
Attm"
Date: /G Z
date
ATTEST:
APPROVE,) °yCIn,,`COUPdCIL
Clerk ,>�
NMI
AMEND1TOMOW DNE.AW DOCX ORIGINAL BID
AND/OR AGREEMENT 11
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
PM10 AIR QUALITY PROGRAM
AB 2766 Funds Received from Member Jurisdictions
Vehicle Registration Revenue
Fiscal Year 7/1111 - 6130/12
ACCOUNTING TABLE
Proposed CVAG Executive Committee Action on June 27, 2011
Regional PM10 Street Sweeping Program
Jurisdictions 60% 100%
Caihedral Cit 36,273.27 $60455.45
Coachella ' $29,237.05 8.728.41
Desert Not S rin s $18.404.71 $30.674,51
Indian Wells 3531.16 $5885.27
Indio $57 439.60 $95 732.67
La Quinta $30493-25 $50,822.09
Palm Desert $35,741.95 $59 569.92
Palm S rin s $32.977.56 54,962.60
Rancho Mira a �°
m $11675.32 $18458.87
River. Co.Uninco ' ,. M - $43,857.20 $73,195.33
TOTALS „�-rv;, $299631.07 $499385.12
'Population Adjustment Formula Far Riverside County: AIB x 60%x C=D
A=Population Coachella Valley Unincorporated = (County Projected for 2011)
B=Population Riverside County Unincorporated= (County Projected for 2011)
C=Revenues(AB2766)Riverside County=$(County Estimated for 2011)
D=Revenues(AS2768)Coachella Valley=$(County Estimated for 2011)
EXHIBIT B
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12
AB2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN THE
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND THE
CITY OF PALM SPRINGS
JULY 1, 2010
This Memorandum of Understanding (MOU) is made and entered into by and between the
Coachella Valley Association of Governments (CVAG) and the City of Palm Springs.The purpose
of this MOU is to document the parties' understanding of and responsibilities for the allocation of
the funds received by the City of Palm Springs from revenues derived from the AB2765 Motor
Vehicle Registration Fee Assessments program to CVAG for the Coachella Valley Regional
PM10 Street Sweeping Program and other air quality programs.
BACKGROUND
On-road motor vehicles, including cars, trucks and buses make up the most significant courses of
air pollution in the South Coast Air Basin. Vehicle emissions contribute to unhealthful levels of
ozone, toxic air contaminants and particulate matter from diesel exhaust. To protect public health,
Assembly Bill 2766 was signed into law in September 1990. The Bill authorizes a motor vehicle
registration fee surcharge to fund the implementation of programs designed to reduce air pollution
from motor vehicles and to implement the California Clean Air Act of 1988. These funds are
collected by the Department of Motor Vehicles and subvened to the South Coast Air Quality
Management District (AQMD) which then disburses the AB2766 revenues to local governments
quarterly based on an established formula.
PM10 air quality, unlike ozone-related pollution that is primarily transported to the Coachella
Valley, is more directly related to local sources of pollution (e.g., paved road dust). The Regional
PM10 Street Sweeping Program targets emission reductions from one of the largest PM10 source
categories and is an important part of this region's comprehensive efforts to meet the
requirements of the Coachella Valley's State Implementation Plan (CVSIP) for PM10, The
Program is intended to mitigate blow sand and its resultant PM10 through routine street
sweeping.
Using alternative fuel sweepers and other alternative fuel equipment, the Regional Program
sweeps the major arterials and medians in the Coachella Valley removing visible roadway dust
from these roadway segments. Existing control measures, such as this Program, play a
significant role in reducing PM10 in the Coachella Valley. With funding sources depleted, a
sustainable funding source must be established to show the Valley's commitment. A
discontinuation of this Program could have serious implications on the Coachella Valley's PM10
attainment effort and current Redesignation Request to the Environmental Protection Agency.
At their April 26, 2010 meeting, the Executive Committee approved a modification of CVAG's
AB2766 formula from 45% to 100% to provide sustainable funding of the Regional PM10 Street
Sweeping Program for up to one year or upon receiving a commitment of matching funds, at
which time the commitment would be re-calculated and reconsidered.
13
A82766 MOU APR.AW.COCX
RESTRICTIONS
The funds accruing to CVAG from this MOU are designated for the operations of the Regional
PM10 Street Sweeping Program. The funds will also be used for the regional administration of
the Regional PM10 Street Sweeping Program and consultants relative to the Regional Program
and other PM10 categories, preparation of grant applications, adherence to grant requirements
such as quantifying emission benefits, etc.
CURRENT PROCEDURE
In 1991 each CVAG jurisdiction passed an ordinance adopting the AB2766 Program, setting up a
separate account from which to disburse and subsequently monitor and audit these revenues.
Revenues are distributed quarterly by the SCAQMD, based on each jurisdiction's proportionate
number of registered motor vehicles. Effective July 1, 2010, and for each quarter thereafter, the
City of PALM SPRINGS shall forward an amount equal to 100% of AB2766
revenues to CVAG. CVAG shall likewise deposit all monies received as a result of this MOU in a
separate account.
Local agencies will be notified of any changes in this procedure and this MOU will be amended
accordingly to reflect such changes.
CANCELLATION CLAUSE
This MOU shall continue in effect until or unless the AB2766 Motor Vehicle Registration Fee
Assessments program is discontinued, or the Coachella Valley Regional PM10 Street Sweeping
Program or CVAG's administration of its air quality programs shall be discontinued or CVAG for
whatever reason, is dissolved or otherwise disbanded, or according to CVAG Executive
Committee action of April 26, 2010: The 100%AB2766 commitment is for up to one year or upon
receiving a commitment of matching funds, at which time the commitment would be re-calculated
and reconsidered;whichever shall occur sooner.
EXHIBIT A- Increase in current formula to jurisdictions
APPROVED BY CITY COUNCIL
COACHELLL�A VALLEY ASSOCIATION OFF GOVERNMENTS 04—to
By:
Title: Chairman
CITY OF PALM SPRINGS
City Manager AppRM AS TO FORM
Title:
ATTEST_
r (7tr Attorne
ty Clerk fZ- —/O 14
flare .....
AB2766 MOU A R.AW.DOCX
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
PM10 AIR QUALITY PROGRAM
AB 2766 Funds Received from Member Jurisdictions
Vehicle Registration Revenue
Fiscal Year 7/1108 - 6/30109
ACCOUNTING TABLE - EXHIBIT A
Following CVAG Executive Committee Action on April 26, 2010
Agenda Item 10A- Regional PM10 Street Sweeping Program
Jurisdictions 45% 100%
Cathedral City $27,354.98 $60 788.84
Coachella $21 134.61 $46 965.79
Desert Hot S rin s . ". $13111.32 $29,136.26
Indian Wells b.x $2 570.94 $5,713.21
La Quinta $22 401.99 $49,782.19
Palm Desert �� " $26,541.13 $58.980.28
Palm Springs ' $24,629.31 $54,731.81
Rancho Mirage "` $8 856.46 $19 681.06
River. Co. Unincor ." .`! $33,87- '0 $75,284.88
TOTALS $180,478.95 $401064.32
"Population Adjustment Formula For Riverside County: AM x 45% x C = D
A= Population Coachella Vatley Unincorporated = 84,478(County Projected for 2010)
8 =Population Riverside County Unincorporated = 617,241 (County Projected for 2010)
C=Revenues(AB2766)Riverside County=$550,000(County Estimated for 2010)
D=Revenues(AB2766)Coachella Valley= $33,874(County Estimated for 2010)
EXHIBIT A
15
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COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
AMENDMENTTHREE
TO
AB2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
FOR THE PURPOSES OF
REGIONAL PM10 AIR QUALITY PROGRAMS AND OTHER
RELATED AIR QUALITY SERVICES
The AB2766 Memorandum of Understanding(the°MOU"), is by and between the Coachella Valley
Association of Governments (CVAG) and the CVAG member jurisdictions including the nine
Coachella Valley cites and the County ofRiverside- The parties acknowledge that this Amendment
shall be for the period starting July 1, 2009 and shall bind the parties hereunderfor the entire term
of the amendment, through June 30, 2011,
The AB2766 MOU is hereby amended through this Amendment Three as follows:
1) The 2004-07 AB2766 MOU and Amendments One and Two be extended effective July 1,
2009 for twenty four months (24) through June 30, 2011;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION
OF GOVERN ENTS �CITY (COUNTY) OF CRY of Palm Springs
B ` B J
Y. Y'
Eduardo Garcia, CVAG Chair
Date: /�7lO°1 Title:
By: Date: 01-12-2010
TQ RR
CVAG EXXCUTZVI: DIRECTOR APPROVED By CITY MANAGER
Date: I �15���L — .h. w r(�g�1gy� 0,
ATTEST: C.
Clerk
� FNZWI E'6 N G0`.90.JT7.E'P.W9 ft* MpII1R V2 ArtgPd mt7hme.wptl 16
p� b
17
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
AMENDMENT TWO
TO
AB2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
FOR THE PURPOSES OF
REGIONAL PM10 AIR QUALITY PROGRAMS AND OTHER
RELATED AIR QUALITY SERVICES
The AB2766 Memorandum of Understanding(the"MOU"), is by and between the Coachella Valley
Association of Governments (CVAG) and the CVAG member jurisdictions including the nine
Coachella Valley cities and the County of Riverside. The parties acknowledge that this Amendment
shall be retroactive to July 1, 2008 and shall bind the parties hereunder for the entire term of the
amendment,through June 30,2009,in the same manneras if this Amendment had been executed
prior to or on July 1, 2008.
The A82766 MOU is hereby amended through this Amendment Two as follows:
1) The 2004-07 AB2766 MOU and Amendment One be extended effective July 1, 2008 for
twelve (12) months through June 30, 2009;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION
OF GOVENTS CITY (COUNTY) OF Palm Springs
Bye y:
Eduardo Garcia, CVAG Chair
Date; o R'i f v8 Title: C•�y ��/i1i✓�_ 6c`�—
r
By: J Date. �� 6
/.1ohri M. Wohlmuth,
C AG Executive Director
r
Date:
18
V PB 27GOMOJWWGG A. d,pm T.wpd
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
AMENDMENT ONE �1�Q,V\g
TO "�U
MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
FOR THE PURPOSES OF
REGIONAL PM10 AIR QUALITY PROGRAM AND OTHER
RELATED AIR QUALITY SERVICES
The Memorandum of Understanding (the "MOU"), by and between the Coachella Valley
Association of Covemments (CVAG) and the CVAG member jurisdictions including the nine
Coachella Valley cities and the County of Riverside, for the term of July 1, 2004 through June 30,
2007, is hereby amended as follows:
1) The 2004-07 MOU be extended effective July 1, 2007 for twelve (12) months through
June 30, 2008;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION
OF GOVERNMENT CITY (COUNT/) OF Palm Springs
By:
Richard W. Kite, CVAG Chair
Date: _ 9/.� I o7 Title: c, •/• ���
By: ' Uate: �� c
Ja n M. Wohlmuth,
(—,/r-VAC; Executive Director
Date: /0
:aWAB2766 MAIL 9124;07
19
CVAG
Reional PM 10 Air Quality Prot
AGREEMENT $ 4898
AB2766 MEMORANDUM OF UNDERSTANDIN M07502, 06/16/04
BETWEEN - — - -
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CITY OF PALM SPRINGS
JULY 1, 2004
This Memorandum of Understanding(MOU)is made and entered into by and between the
Coachella Valley Association of Governments(CVAG) and the City of Palm Springs. The
purpose of this MOU is to documentthe parties'understanding of and responsibilities forthe
allocation of a portion of thefunds received bythe Cityof Palm Springs from revenues derived
from the AB2766 Motor Vehicle Registration Fee Assessments Program to CVAG for the
Coachella Valley Regional PM10 Air Quality Program.
BACKGROUND
AB2766 funds are to be used to reduce emissions caused by motorvehicles consistent with
requirements of the California Clean Air Act and the South Coast Air Quality Management
Plan. Staff of the South Coast Air Quality Management District(SCAQM D)have stated it was
the District's intention when allocating initial supportto CVAG,that the portion of PM10 in the
Coachella Valley attributable to mobile sources be covered by local AB2766 funds allocated
to CVAG to help continue the regional administration of the PM10 Air Quality Program.
In addition to the regional administration of the PM10 Air Quality Program, CVAG's regional
AB2766 reserve funds have been allocated to the Clean Streets Management Program to
serve as a local match(11.47%)forfederal CMAQ funds(88.53%)which fund the Regional
PM10 Street Sweeping Program.This amounted to S192,000 in regional A82766 funds for
fiscal year 2003-04 and has depleted CVAG's reserve.
CVAG received an air quality grant from the South Coast Air Quality Management District
(AQMD)in the amount of$258,000 over the next three years to assist with the local regional
match for the Regional PM10 Street Sweeping Program. Their grant is tied to a dollar for
dollar match from CVAG. Analysis shows that we fall short of the dollar for dollar match to
AQMD's grant. Member jurisdictions will therefore need to contribute additional AB2766
funds.
At their March 29,2004 meeting, the Executive Committee approved the following motion:
"That the Executive Committee approve the modification of CVAG's AB2766 formula from
33% to 45% to help provide the local match of 11.47% required for federal funds for the
Regional PM10 Street Sweeping Program beginning July 1, 2004 through June 30, 2007.
.C .('..;;I ^''�ir.;-fir:rl•-•� :
AB2766 MODEL MOU 4/29104 20
RESTRICTIONS
The funds accruing to CVAG from this MOU are designated for the regional administration of
the PM10 Air Quality Program as outlined by the"State Implementation Plan for PM10 in the
Coachella Valley"(CVSIP)which was adopted by the SCAQMD Governing Board in June,
2002. Expenditures will be for salary and expenses relating to the ongoing management of
the Program such as staff, meetings, the preparation of agendas, publicity, community
outreach, and local match for the Regional PM10 Street Sweeping Program.
PROCEDURE
In 1991 each CVAG jurisdiction passed an ordinance adopting the AB2766 Program,setting
up a separate account from which to disburse and subsequently monitor and audit these
revenues. Revenues are distributed quarterly by the SCAQMD,based on each jurisdiction's
proportionate number of registered motor vehicles. Effective July 1, 2004, and for each
quarter thereafter,the Cityof Palm Springs shall forward an amountequal to 45%of revenues
to CVAG. CVAG shall likewise deposit all monies received as a result of this MOU in a
separate account, and provide an annual report to each jurisdiction.
CANCELLATION CLAUSE
This MOU shall continue in effect until or unless the AB2766 MotorVehicle Registration Fee
Assessments Program is discontinued, orthe Coachella Valley Regional PM10 Air Quality
Program, as administered by CVAG, shall be discontinued or CVAG,for whatever reason,
is dissolved or otherwise disbanded, whichever shall occur sooner.
EXHIBIT A: AB2766 Funds for 2002-03 and I" Quarter 2003-04
EXHIBIT B: Revenue and Expenditures Projections for Fiscal Year Ending 6/30/2005
EXHIBIT C: Sample of impacts of increase in current formula to jurisdictions
COACHE�L EY�AfSSOCIATION OF GOVERNMENTS
By:
Title: Chairman Date:
CITY OF P M SPRI S I Z,
ATTESTBy:
Date: dune 16, 2004
V1p D l lb'UL
I,-- -
AB2766 MODEL MOU 4/29104 Fwrrark1APM70 NrauahtNAB 276SUursc:amrei.aen6=MOU vmd 21
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
EX-H BIT "A"
PM10 AIR QUALITY PROGRAM
AB 2166 Funds Received from Member jurisdictions
Vehicle Registration Revenue
ACCOUNTING TABLE
- Fiscal Year 711102-6130103 - :..Filfeul:Yeaf 7/1/03-6/3o104
15,gir EndInA 33=2 9,]o:r EMnq 179,M 3N Or Endmay31193 <,n ElC'Ing LLr 03 ryn$mi 121 On Endvq a3d03 1,i q,•_EMm 1�lo] wa"Ei,M'wjlr and 01,End,ng N]WN FYa1w
J11riSdictio115 Amount Amount Amount Amount Total Amount Amount Amount Amount Total
Billed/Reclved BiiledlRecived BillediRecived Billed/Recived Billed/Recived Biled/Recived BilledlRecived Billed/Reclved Billed/Reclved Billed/Recived
Cathedral Cr $4,38324 $4,092.36 $443480 $4,48022 $17,390.62 $4570.30 $4,570.30
Coachella _ _ _2,346,10 2,190.40 2,373.69 2,357.73 _ _ $9,267.92 2,584.68 $2.584.68
Desert Hot Springs 1,631.65 ._ 1,52337 1650.84 1,113.34 $5,919.20 1,661.93 $1,66193
Indian Wells 419.98 392,1 424.92 350.91 $1,587.02 1 425.15 $42515
Indio 5,039.70 4,705.32 5,099.04 4,930.02 $19,775.04 5,255.99 $5,265.99
La QUinta 2,770.90 2,587.02 2,603.49 2,800.33 $10,061.74 , 2,942.19 $2,042.19
Palm Desert 4,137.05 3,862.51 4,185.71 4,223.71 $16,408.98 4,241.78 $4,241.78
Palm Springs 4,219.12 3,939.13 4426B.74 4,309.22 $16,736.21 4,251.44 $4,261.44
Rancho Mirage 1.385.45 1,293.51 1,401.75 1356.63 S5,437.54 1,444.52 _ $1,44452
River.Co Unincor . 6,624.02 6,184.44 [i,701.93 6,839.39 $26,349.78 6,994.14 $6,994.14
TOTALS $32,95Z27 $30,770.17 $33,344.91 $32,762-60 $129,834.95 $34.382.12 S34,382.12
. .. . Dlibafsed by itAQMD FY'b2/03... DU6graed 6y;CAQ�11D FY'0is/04
1st Otr 2nd Qk 3rd Qtr. 4th Qtr To131 1sl Qtr and QI[ 3rd Qlr 4th Qtr Total
Jurisdictions Ending Ending Ending Ending for FY Ending Ending Ending Ending for FY
9/3n/02 12/31/02 3131/03 e130.103 2002r2003 9130/03 12!31;03 9131104 W30104 2003/2004
Cathedral Cif $13,149-74 $12277.10 $13304.41 $13,440.67 $52.171.92 $13710.91 $13,710.91
Coachella 7,038.30 6,571.22 7121.08 7,073.18 $27.803.78 7.754.05 $7754.05
Desert HotSprings 4 B94.95 4,570.11 4,952.52 3,340.03 $17,757.61 4,985.79 _ $4,985.79
Indian Wells 125994 1.176.33 _ 1,274.76 1052.73 $4763.76 1,275.44 $1,275.44
Indio 15,119-30 14 115.96 15 297.15 14 792.36 $59,325.17 15 707.99 $15,797 99
La Quinta 8,312.72 7.761.08 8.410.49 8,401.00 $32,885.29 8,826.58 $8 826.58
Palm Desert 12411.15 11187.13 12.557.14 12671.14 $49.226.95 12,725.35 $12,725.36
,PalmSprings 12657.35 11,817.39 12,805.23 12927.65 $50,20862 12,75434 $12,754.34
Rancho Mira a 4,156.36 3,880 54 4,205.25 4 D70.50 __ $16,312.65 4 333.57 $4.333.57
River.Co.Unincor 127.875-84 119 290.80 129.380.98 132,U34.52 $508,683.14 136 022.07 $135 022.07
TOTALS $2Uti II76.65 $193148.06 $20931001 $209,804.18_ $B1%138.9D $217186.09 $217186.09
N
l Vrde uelnpW,2166 s[L Run Cele 28Tprvw
EXHIBIT ttBtt
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AB2766 - REVENUE AND EXPENDITURES PROJECTIONS
FOR FISCAL YEAR ENDING JUNE 30, 2005
Current Percentage(33.33%) Proposed Percentage(45.0%)
Revenue.
Investment income 1,000 1,000
AB2766 Revenge 135,967 183,435
Total Revenues 136,867 184,435
Expenditures:
Operating expenditures-CVAG (66,000) (66,000)
CIv1AQ program match-CVAG (7,000) (7,000)
Proposed contracts (3,000) (3,000)
Nick Nickerson's contract match (7,000) (7,000)
Street Sweepmg Contract Match-CVAG
($172,050-50%AB2766;50a/a AQMD) (86,025) (86,025)
Total Expenditures (169,025) (169,025)
Balance after projected FY2004/05 operations (32,158) 15,410
AB2766 FUND BALA.N'CE
Balance as at 6/30/03 307,714
FY2003/ 4 PROJECTIONS
Revenue:
Investment income 1,000
AB2766 Revenue 132,821
Total Revenues 133,821
Expenditures:
Operating expenditures-CVAG (66,000)
CMAQ program match-CVAG (1,000)
Proposed contracts (10,000)
Nick Nickerson's contract match (7,000)
Street Sweeping Contract Match-CVAG (194,514)
In P 04/05,cash flow
Total Expenditures (284,514) needed will he less:
Balance after projected FY2003/04 operations 157,021 157,021
Cash Row needed for the program (141,321) (125,000)
Remainder for program 15,700 32,021
G3
EXHIBIT "C"
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
VEHICLE REGISTRATION REVENUE / AB2766
FISCAL, YEAR 2004/05 PROJECTION
PROM CTED DIST.
BY SCAQMD CVAG PORTION JURISDICTION PORTION
JURISDICTION (23% INCREASE) 45.00% 33.33% 55.00% 66.67% Difference
Cathedral City $ 54,599.41 $ 24,569.74 $ 18,197.99 $ 30,029.69 $ 36,401 44 $ 6,371.75
Coachella $ 29,097.46 S 13,093.86 $ 9,698.18 $ 16,003.60 S 19,399.28 $ 3,395.67
Desert Hot Sprngs $ 18,583.85 $ 8,162.73 $ 6,194.00 $ 10,221.12.. $ 127389.95 $ 2,169.74
Indian Wells $ 4,985.41 $ 2,243.43 $ 1,661.64 $ 2,741.98 $ 3,323.77 $ 581.80
Indio $ 62,085.51 $ 27,939.49 $ 20,693.10 $ 34,147.03 S 41,392,41 $ 7,24538
La Qnmta $ 34,415.41 $ 15,486.93 $ 11,470.66 $ 18,928.48 $ 22,944.75 $ 4,016.28
Palm Desert $ 51,517.44 $ 23,182.85 S 17,170.76 $ 28,334.59 $ 34,346.68 $ 6,012.09
Pahu Springs $ 52,544.78 $ 23,645.15 S 17,513.18 $ 28,899.63 $ 35,031.60 $ 6,131.98
Rancho Mirage $ 17,071.66 $ 7,682.25 S 5,689.98 $ 9,389.41 $ 11,381.68 $ 1,992.26
Coemty-Unincorporated $ 532,351.66 $ 37,229.78 $ 27,577.61 $ 495,121.88 $ 504,774.05 $ 9,652.17
TOTALL is 857,252.61 $ 183,435.21 $ 135,867.10 $ 673,817.40 S 721,385.51 $ 47,568.11
I17