HomeMy WebLinkAboutC22643 CA3 - CVAG & Member Jurisdications - PM 10Contract No. C2264) 40"s)
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CITY OF PALM DESERT
CITY MANAGER'S OFFICE
STAFF REPORT
REQUEST: APPROVE AMENDMENT THREE TO THE AB2766 MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN CVAG AND MEMBER
JURISDICTIONS FOR THE PURPOSES OF REGIONAL PM10 AIR
QUALITY PROGRAMS AND OTHER RELATED AIR QUALITY
SERVICES.
SUBMITTED BY: John M. Wohlmuth, City Manager
DATE: June 11, 2009
CONTENTS: 1. Amendment Three to AB2766 MOU
Recommendation
By Minute Motion, that the City Council:
1. APPROVE Amendment Three to the AB2766 Memorandum of Understanding
(MOU) between CVAG and member jurisdictions for the purposes of regional
pm10 air quality programs and other related air quality services.
2. AUTHORIZE the City Manager to execute Amendment Three to the AB2766
Memorandum of Understating.
Discussion
In March 2004, the Coachella Valley Association of Governments (CVAG) Executive
Committee approved the modification of CVAG's AB2766 agreement with member
jurisdictions. The portion of each jurisdiction's AB2766 allocation to CVAG was
increased from thirty-three percent (33%) to forty-five percent (45%). This action was
initiated to help provide the local match of 11.47% required for the Congestion
Mitigation and Air Quality (CMAQ) federal funds for the Regional PM10 Street Sweeping
Program.
The increase to forty-five percent (45%) was in response to Caltrans request to develop
an alternative solution rather than use indirect costs, which was SunLine Services
Group's method of meeting the local match. The MOU modifying the percentage
amount was for three (3) years ending in June 2007. Amendments One and Two have
been approved by the CVAG Executive Committee and the City of Palm Desert to
extend the forty-five percent (45%) allocation through June 2009.
AB2766 MOU Extension
June 11, 2009
Page 2of2
Since April 2008, the contract between CVAG and CleanStreet, Inc. for the Regional
PM-10 Street Sweeping Program no longer uses federal funds (per Caltrans and
FHWA) for operations. CVAG was able to secure other funding sources and will
continue to apply for such grants. However, there is concern regarding the reliability of
grant funds as a stable revenue stream; therefore, the use of AB 2766 funds is critical to
keep the Regional PM10 Program continuing.
AB2766 funds are also used to pay for the staff time associated with air quality projects,
(e.g., administration of street sweeping program, audit preparation, annual "Reseeding
Alternative" program; the Landscape -Related Business Reseeding Alternative
Certification course, air quality grant applications, etc.) and to retain consultant
assistance.
There was also discussion regarding use of Measure A funds as the ongoing funding
source for the Regional PM10 Street Sweeping Program in FY 2009/10. Given the
economic downturn, the applicability of using these funds has been tabled. CVAG staff
will continue to monitor these funds and any changes that may occur which would allow
use of Measure A funds for the operations of the Regional Street Sweeping Program.
Staff respectfully requests that the forty-five percent (45%) allocation remain in place
and that the City Council approve Amendment Three to the AB2766 MOU between
CVAG and the member jurisdictions. An approval will extend the MOU through June
20, 2011.
Approved by:
Jo Wohlmuth
Ci r anager
Reviewed by:
Paul S. Gibson
Director of Finance/City Treasurer
CITY COUNCILACTION
APPROVED ✓ . DENIED
RECEIVED . OTHER
MEETING DATE (0-11-Oct
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ABSENT: n/ DnP
ABSTAIN: tOne -
VERIFIEP BY: r
Original on File with City Clerk's Office
G.\CityMgr\Stephen Aryan\Agenda Reports\AB 2766 MOU Extension doc
COACHELLA VALLEY ASSOCIATION of GOVERNMENTS
AMENDMENT THREE
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 for the period starting July 1, 2009 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 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 GOVERNMENTS
By:
Date:
By:
Date:
Eduardo Garcia, CVAG Chair
Z..1 /V I
Larrris
CVAG Interim Executive Director
CITY (COUNTY) OF Palm Desert
By:
Title:
Date:
F• \Akerr\EXECUTIVE COMMITTEE12009 items\April\AB2766 Amendment Three wpd