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Cq<fFORe�P City Council Staff Report
Date: October 19, 2011 CONSENT CALENDAR
Subject: APPROVAL OF AMENDMENT NO. 1 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: Public Works and Engineering Department
SUMMARY
Approval of Amendment No. 1 to the Memorandum of Understanding ("MOU") with the
Coachella Valley Association of Governments ("CVAG") decreases the City's
contribution of its AB2766 motor vehicle registration fee assessments from 100% to
60%.
RECOMMENDATION:
1) Approve Amendment No. 1 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%. A full copy of the CVAG Executive Committee staff report is included as
Attachment 1.
ITEM NO. _
City Council Staff Report
October 19, 2011 - Page 2
Amendment No. 1 to Agreement No. 4898
FISCAL IMPACT:
According to CVAG, the City's allocation of AB2766 assessments for the 2011/2012
fiscal year is $54,962.60. Reducing the commitment to CVAG to 60% leaves
$21,985.04 available for the City's Rideshare Reimbursement Program that would
otherwise have had to be funded by other funding sources.
SUBMITTED:
Prepared by: Recommended by:
/79 wi,
Marcus L. Fuller David J. Barakian
Assistant Director of Public Works Director of Public Works/City Engineer
Approved by:
Thomas J. Wil$d , Asst. City Manager David H. Ready, Qbrgffnager
Attachments:
1. CVAG Executive Committee Staff Report
02
a� 4
Staff Report
Subject: AB2766 MOU Amendment One With Members for Fiscal Year 2011-12 and
AB2766 MOU with City of Indio
Contact: Aurora Wilson, Director, Community Resources(awilson(c�cvaa.org)
Recommendation: Approve Amendment One to the AB2766 Memorandum Of
Understanding (MOU) between CVAG and the Member Jurisdictions decreasing the
contributions from the cities from 100% to 60% (with an equivalent change for the
County); and, approve the MOU with the City of Indio for re-entry into the Regional
Program.
Energy and Environmental Resources Committee: Concurs (619/11).
Technical Advisory Committee: Concurs (6113/11).
Background: Last June 2010, the Executive Committee took action, as recommended by the
Energy and Environmental Resources Committee which included:
1) An increase in the contributions from the cities from 45% to 100% for up to one year or
upon receiving a commitment of matching funds at which time the commitment would be
re-calculated and reconsidered
2) Approval of the AB2766 MOU between CVAG and the City of Indio enabling the City to
extricate from the Regional PM-10 Street Sweeping Program.
During this past year, staff has worked with the Mobile Source Air Pollution Reduction Review
Committee (MSRC) of the South Coast Air Quality Management District (AQMD) to develop a
funding stream for the Regional PM-10 Street Sweeping Program. The MSRC's Local
Government Match Program (LGMP) created a new category to support the Coachella Valley's
Regional PM10 Street Sweeping Program. The category established a targeted funding level of
$250,000 to be awarded on a dollar for dollar basis. The application was released this past
March. CVAG submitted its application at the earliest submittal date of April e. The
application has since moved forward with funding recommendations through the MSRC's
Technical Advisory Committee and most recently, its formal MSRC on May 191'. The
recommendation will be considered by the AQMD Governing Board on Friday, June 3 . CVAG
anticipates approval of this item.
As stated, the MSRC LGMP funds require a dollar for dollar match from the contributions of
regional AB2766 collected from the members.
In addition, staff worked with the County Executive Office relative to Colmac Funds resulting in a
formal request to modify the use of Colmac Funds in support of the Regional PM10 Street
Sweeping Program. In July, 2010 the Board of Supervisors took action wherein CVAG will
receive a contribution of$160,000 from Colmac Grant Funds on an annual basis for five years. 03
Executive Committee Page 2
AB2766 MOU for FY 11-12
Finally, on May 25 h, the City of Indio formally noted CVAG of its desire to re-enter the
Regional Program(See attachment). Their portion of the regional arterials have been added
back into the Regional Program as well as their AB2766 revenues. Given these factors and
funding sources, staff offers an MOU for sixty percent (60%) of AB2766 funds from member
jurisdictions for fiscal year 2011-12. The percentage decrease is due to the following factors:
- Established funding streams for regional street sweeping activities;
- A Regional Program with reduced sweeping schedule of 26 weeks;
- A lower street sweeping curb mile rate of$21.75
- A Program which uses equipment owned by the Contractor;
- Re-entry of City of Indio into the Regional Program
Attached is the letter from the City of Indio. Also attached is the worksheet, `Determination of
Jurisdiction Percentage for FY 11-12" which shows external funding and expenditures for the
fiscal year AB2766 Program. Please note in the Expenditures the category of Post-
event/Supplemental Sweeping. This will provide for funds for post event sweeping requested by
the members as well as the potential for additional days of regional street sweeping. CVAG will
work with the Regional Program operator with regards to the most optimal use of these funds.
Also included is the Accounting Table which shows the total disbursement of AB2766 Funds by
the AQMD and then the amounts 60%and 100%.
The last two documents are the Amendment One to the AB 2766 MOU which has been revised
to reflect the new percentage and the AB2766 MOU for the City of Indio. This item formally
documents the City's request to re-enter the Regional Program with a 60%contribution.
CVAG expresses its gratitude to the members for supporting the Regional PM10 Street
Sweeping and regional air quality activities by 100% of its contributions and for its confidence
and patience with staff to explore and develop funding streams. We also recognize and thank
the MSRC staff and the County Executive Office for their hard work, cooperation and
assistance.
Fiscal Analysis: The development of two funding streams (MSRC LGMP) and Colmac
decreases the percentage of AB2766 funds from the jurisdictions from 100% to 60% for fiscal
year2011-12.
Contract Finalization: Minor changestrevisions may be made for clarification purposes by
CVAG Executive Director and Legal Counsel prior to execution.
:attachments:
2—Determination of Jurisdiction Percentages for FY 11-12
3—AB2766 Accounting Table
4—Amendment One to AB2766 Memorandum of Understanding
04
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
PM10 AIR QUALITY PROGRAM
AB 2766 Funds Received from Member Jurisdictions
Vehicle Registration Revenue
Fiscal Year 7/1/11 - 6/30/12
ACCOUNTING TABLE
Proposed CVAG Executive Committee Action on June 27,2011
Regional PM10 Street Sweeping Program
Jurisdictions 60% 100%
Cathedral Ci $36 273.27 $60 455.45
Coachella $29 237.05 $48 728.41
Desert Hot S ri s $18 404.71 30 674.51
Indian Wells $3531.16 $5885.27
Indio $57439.60 $95732.67
La Quinta 30 493.25 50 822.09
Palm Desert 35 741.95 $59 569.92
Palm Springs $32 977.56 $54,962.60
Rancho Mira a $11 675.32 $19 458.87
River.Co.Uninm ." $43,857.20 $73,095.33
TOTALS $299 631.07 99 385.12
'Population Adjustment Formula For Riverside County: A/B x 60%x C=D
A=Population Coachella Valley Unincorporated = (County Projected for 2011)
B=Population Riverside County Unincorporated= (County Projected for 2011)
C=Revenues(AB2766)Riverside County=$(County Estimated for 2011)
D=Revenues(AB2766)Coachella Valley=$(County Estimated for 2011)
_ _ auNwrt:vum+, 05
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AB2766 PROGRAM
DETERMINATION OF JURISDICTIONS PERCENTAGE FOR FY 2011/12
Balance Carryover (Estimated) 24,122
EXTERNAL FUNDING
MSRC LGMP 250,000
COLMAC 150,000
TOTAL EXTERNAL FUNDING 400,000
EXPENDITURES
Base Operations 474,788
Post-event / Supplemental Sweeping 84,426
Equipment Insurance 15,000
CVAG Expenses & Consultants 75,786
TOTAL EXPENDITURES 650,000
Unfunded Balance (250,000)
Reserve (Cash Flow) (75,000)
TOTAL UNFUNDED (325,000)
AMOUNT NEEDED FROM AB2766 (300,878)
FYI 0/11 AB2766 collected (estimate) 398,568
FY10/11 AB2766 - Indio (estimate) 95,733
TOTAL FY10/11 AB2766 - 100% (estimate) 494,301
% for current amount (275,875 /494,301) 60.87%
06
AMENDMENT ONE
TO
AB2766 MEMORANDUM OF UNDERSTANDING(MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS (EXCEPT INDIO)
JULY 1, 2011
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
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 OF GOVERNMENTS
By:
Title* onne Parks, CVAG Chair
e: -11�� 11
CITY(COUNTY) OF PAL-M Si'izi,44A5
By:
Title:
Date:
07
AMENDITOMOUJUNE.AW.DOCX
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
PM10 AIR QUALITY PROGRAM
AB 2766 Funds Received from Member Jurisdictions
Vehicle Registration Revenue
Fiscal Year 711/11 -6/30/12
ACCOUNTING TABLE
Proposed CVAG Executive Committee Action on June 27,2011
Regional PM10 Street Sweeping Program
Jurisdictions 60% 100%
Cathedral C' $36 273.27 $60 455.45
Coachella $29 237.05 $48 728.41
Desert Hot S rin s $18,404.71 $30 674.51
Indian Wells $3 531.16 $5 885.27
Indio $57 439.60 $95,732.67
La Quinta $30 493.25 $50,82Z09
Palm Desert $35 741.95 $59 569.92
Palm S rin s $32,977.56 $54,962.60
Rancho Mira a $11,675.321 $19458.87
River. Co.Uninco . $43.857.20 $73,095.33
TOTALS $299 631.07 $499 385.12
'Population Adjustment Formula For Riverside County: A/B x 60%x C=D
A=Population Coachella Valley Unincorporated = (County Projected for 2011)
B=Population Riverside County Unincorporated= (County Projected for 2011)
C=Revenues(AB2766)Riverside County=$(County Estimated for 2011)
D=Revenues(AB2766)Coachella Valley=$(County Estimated for 2011)
EXHIBIT B
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