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Home My WebLink AboutC22641 - CVAG Amnd1 - PM 10 Dust Control PgrmContract No. C22641 REQUEST: CITY OF PALM DESERT PUBLIC WORKS DEPARTMENT STAFF REPORT Approve Amendment One to the Memorandum of Understanding between the Coachella Valley Association of Governments and the City of Palm Desert to Extend the Effective Dates to June 2008 SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works APPLICANT: Coachella Valley Association of Governments 73-710 Fred Waring Drive Palm Desert, CA 92260 DATE: January 24, 2008 CONTENTS: Original MOU dated 07-01-04 Letter of Request from CVAG dated 01-08-08 Amendment One to MOU Recommendation: That City Council, by Minute Motion, approve Amendment One to the Memorandum of Understanding with the Coachella Valley Association of Governments dated July 1, 2004, providing for the extension of that agreement to a new term date of June 30, 2008. Discussion: In July 2004, the City of Palm Desert entered into a memorandum of understanding with the Coachella Valley Association of Governments (CVAG) regarding a PM-10 dust control program. That memorandum of understanding expired June 30, 2007; however, the need for the PM-10 program continues. Therefore, it is recommended that the MOU be extended to June 30, 2008 as requested by CVAG. Dep ,rtrnInt Head: / Approvaj Mark Greenwood, P.E. Homer Croy Director of Public Work ACM for Development Services ,iTY COUNCIL ACTION: APPROVED ✓ DENIED RECEIVED OTHER 4, ... Carlos L. O ega 4JEESI �� u • DATE - `'��`^+ . sc,11 F Lei e I bonst>>f NOES : Re.. r MNABSTAIN: ..,I� 4 ABSENT: f? Original on t�1.l rc." g' File with na1 City Clerk's Off ire BY:+ , rle ire City Manager Con• �ct No. C22640 AB2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND CITY OF PALM DESERT 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 Desert. The purpose ofthis MOU is to documentthe parties'understanding of and responsibilities forthe allocation of a portion ofthefunds received bythe Cityof Paim Desertfrom revenues derived from the A62766 Motor Vehicle Registration Fee Assessments Program to CVAG for the CoacF�el(a Valley Regional PM10 Air Quality Program. BACKGROUND AB2766 funds are to be used to reduce emissions caused by motorvehicles consistentwith requirements of the California Clean AirAct and the South Coast Air Quality Management Plan. StaffoftheSouthCoastAirQualityManagementDistrict(SCAQMD)havestateditwas the District's intention when allocating initial support to CVAG,that the portion of PM 10 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. I n addition to the regional administration of the PM 10 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°/o)which fund the Regional PM10 Street Sweeping Program.This amounted to$192,000 in regional AB2766 funds for fiscal year 2003-04 and has depleted CVAG's reserve. CVAG received an air quaiity grant from the South Coast Air Quality Management District (AQMD)in the amount of$258,000 overthe next three years to assist with the local regiona! 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. A62766 MODEL MOU 4/29/04 Contract No. C22640 RESTRICTIONS The funds accruing to CVAG from this MOU are designated forthe regional administration of the PM10 AirQuality Program as outlined bythe"State Implementation Plan for PM10 in the Coachella Valley" (CVSIP)which was adopted bythe 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 quarterthereafter,the City of Palm Desert shall forward an amount equal 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. CANCELLATtON CLAUSE This MOU shall continue in effect until or unless the AB2766 MotorVehicle Registration Fee Assessments Program is discontinued, or the 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 20Q2-03 and 1 S` Quarter 2003-04 EXHIBlT B: Revenue and Expenditures Projections for Fiscal Year Ending 6/30/2005 EXHIBIT C: Sample of impacts of increase in current formula to jurisdictions COACHEI�� AL��I'ASSOCIATION OF GOVERNMENTS � , ' '� By: Title: Chairman Date: T —oZ�O -�� CITY OF PALM DESERT By: � Robert A. Spiegel TItIe: Mayor Date: May 13, 2004 A62766 MODEL MOU 4/29/04 F:\VFranklin\PM10 Air QualityWB 2766Wunsdictional A82766 MOU wpd COACHELLA VALLEY ASSOCIATION of GOVERNMENTS Blythe • Cathedrai City • Coachefla • Desert Hot Spnngs • Indian Wells • Indio • La Quinta • Palm Desert • Palm Springs • Rancho Mirage County of Riverside • Agua Caliente Band of Cahuilla Indians • Cabazon Band of Mission Indians • Torres Martinez Desert Cahuilla indians '.J � � ', TJ_ . .'� •- _ January 8, 2008 '�> �^:'-.�; ; c�r�n�-. � r*'::�,- : Ms. Rachelle Klassen ��,�-�- r� ,. City Clcrk � '�'`�", �� City of Palm Desert r --'ri��' c�-T: 73-510 Fred Waring Dr. _.. ;>C., Palm Descrt, CA. 92260 N '�`' Dear Ms. Klassen: Enclosed please find two duplicatc originals of Amendment One to the Memorandum of Understanding (MOU) between the Coachella Valley Association of Governments (CVAG) and cities of Cathedral City, Coachella, Desert Hot Springs, lndian Wells, Indio, Palm Dcsert, Palm Springs, Rancho Mirage, La Quinta and the County of Riverside. This agrecment was approved by the Exectitive Committee on September 24, 2007. Plcase sign the agreements, retcrr�z one origi�zal to me and retain onc original for your rccords. Should you have any questions regarding these agreements please call 76Q-346-1127. Sincercly, COACHELLA VALLEY ASSOC[ATION OF GOVERNMENTS , MARY M. GODFREY Administrative Services Assistant ec: Aurora Kerr, Dir. of Community Resources 73-710 Fred Waring Drive, Suite 200 • Palm Desert, CA 92260 • (760) 346-1 127 • FAX (760) 340-5949 COACHELLA VALLEY ASSOCIATION of GOVERNMEI�lTS AMENDMENT ONE TO 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 Governments (CVAG) and the CVAG memberjurisdictions inciuding 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 GOVERNMENTS CITY (COUNTI� OF Palm Desert By: By: Richard W. Kite, CVAG Chair Date: Title: By: Date: John M. Wohlmuth, CVAG Executive Director Date: F:\VFrankiinlA6 2766�MOU1Amendment 07-08.wpd COACHELLA VALLEY ASSOCIATION of GOVERNMENTS AMENDMENT ONE TO 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 Governments (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 sha(I remain the same. COACHELLA VALLEY QSSOCIATION OF GOVERNMENTS CITY (COUNTI� OF Palm Desert By: By: Richard W. Kite, CVAG Chair Date: Title: By: Date: John M. Wohlmuth, CVAG Executive Director Date: F:\VFranklinlAB 27661MOU�P,mendment 07-08.wpd