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Home My WebLink AboutC29930 MOU AB2766 Regional PM10 Street Sweeping Pgrm CITY OF PALM DESERT OFFICE OF THE CITY MANAGER STAFF REPORT REQUEST: APPROVAL OF AN AB2766 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALM DESERT AND THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS, INCREASING THE CITY'S CONTRIBUTION FROM 45% TO 100% FOR UP TO ONE YEAR, TO THE REGIONAL PM 10 STREET SWEEPING PROGRAM SUBMITTED BY: John M. Wohlmuth, City Manager DATE: June 24, 2010 CONTENTS: AB 2766 MOU FY 2008/09 AB 2766 Funding Table Recommendation By Minute Motion, (1) approve the AB 2766 Memorandum of Understanding (MOU) between the City of Palm Desert and the Coachella Valley Association of Governments (CVAG), increasing the City's contribution from 45% to 100% for up to one year, to the Regional PM 10 Street Sweeping Program; and (2) authorize the Mayor to execute the AB 2766 MOU on behalf of the City.(contract No. C29930) BackQround Motor vehicles constitute significant sources of air pollution in the South Coast Air Basin, as their emissions contribute to unhealthful levels of ozone and toxic air contaminants. AB 2766 was signed into law in September 1990, and authorized a motor vehicle registration fee surcharge to fund the implementation of air pollution reduction programs. The Department of Motor Vehicles collects these funds and redirects them to the South Coast Air Quality Management District (SCAQMD), which disburses AB 2766 revenues to local governments based on an established formula. PM 10 (particles of 10 micrometers or less) air quality is more directly related to local sources of pollution (e.g. paved road dust). The Regional PM 10 Street Sweeping Program is an integral component of local efforts to meet the Coachella Valley's State Implementation Plan (CVSIP) requirement for PM 10. The program is intended to mitigate blow sand and the resulting PM 10 through routine street sweeping. A sustainable program funding source is necessary because the existing funding source will be depleted. A discontinuation of this program will seriously impact the Coachella Valley's PM 10 attainment efforts. On April 26, 2010, the CVAG Executive Committee approved a modification of CVAG's AB 2766 formula from 45% to 100%, in order to provide sustainable funding of the Regional PM 10 Street Sweeping Program for up to one year. CVAG staff is currently working with the Mobile Source Air Pollution Reduction Review Committee (MSRC), to develop a district wide funding match program. If successful, this match program could offset the 100% contribution currently requested by CVAG. If matching funds are received, the City's commitment of AB 2766 funds would be recalculated and reconsidered by CVAG. AB 2766 MOU Staff Report June 24, 2010 Page2of2 Staff recommends approval of the AB 2766 MOU with CVAG, which would continue in effect until or unless the AB 2766 Program, the Coachella Valley Regional PM 10 Street Sweeping Program, and/or CVAG's administration of air quality programs are discontinued. Fiscal Analysis Approval of the attached AB 2766 MOU with CVAG would increase the City of Palm Desert's contribution of CVAG's AB 2766 formula from 45% to 100%. The most recent SCAQMD disbursement of AB 2766 funds was received in FY 2008/09. A total of $58,980.28 was disbursed to the City of Palm Desert at this time. For comparative purposes, the City's contribution would have increased from $26,541.13 to $58,980.28. As noted, if the MSRC approves a local match program, the City's 100% contribution of AB 2766 would be lessened and the existing MOU with CVAG would be amended to reflect such a reduction. As AB 2766 funds are derived from motor vehicle registration fee surcharges, there is no direct fiscal impact to the City's General Fund Account. Submitted By: / ,�.�. �°�� ' . ..,. - _.___ � ,, �.».._._ , fr G__.,........_.......... .+ Ste hen Y. A an, Assista to the City Manager ApprovaL• Paul S. Gibson, Director of Finance Joh . Wohlmuth, City Manager CITY COUNCILAC�%IONt APPROVED DENIED RECEIVED OTHER MEET G DA '�� AYE5: � �� ' ,� NOES: �� ` AI3SENT: AI3STAIN: � VERIFIED BY: Original on Fite with Ci lerk's Oftice AB2766 MEMORANDUM OF UNDERSTANDING BETWEEN ��. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AND 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 purpose of this MOU is to document the parties' understanding of and responsibilities for the allocation of the funds received by from revenues derived from the AB2766 Motor Vehicle Registration Fee Assessments program to CVAG for the Coachella Vailey 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 !aw 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 f.unds are coliected 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. ��d.�. �r�� PM10 air quality, unlike ozone-related pollution that is primarily transported to the Coacheila Valley, is more directly related to locai sources of poliution (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 Regionai Program sweeps the major arterials and medians in the Caachella Valley removing visible raadway dust from these roadway segments. Existing controi 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 Environmentai Protection Agency. At their April 26, 2010 meeting, the Executive Cammittee 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 whrch trme the commitment would be re-calculated and reconsidered. q*t�� a'�Y� ��a.uN> AB2766 MOU APR.AW �� n� � 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 Regionai PM10 Street Sweeping Program and consuitants 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 shail forward an amount equai 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 wili be amended accordingly to reflect such changes. CANCELLATION CLAIlSE This MOU shail continue in effect until or uniess the AB2766 Motor Vehicle Registration Fee Assessments program is discontinued, or the Coachelia Valley Regional PM10 Street Sweeping Program or CVAG's administration of its air quality programs shali be discontinued or CVAG for whatever reason, is dissoived or otherwise disbanded, or according to CVAG Executive �,�a, Committee action of Aprii 26, 2010: The 100%A82766 commitment is for up to one year or upon receiving a commitment of matching funds, af which time the commitment would be re-calculated and reconsidered;whichever shall occur sooner. EXHIBIT A: Incre�se in current formula to jurisdictions COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By: Title: Chairman Date: CITY OF By: Title: Date: � �:� � 'J AB2766 MOU APR.AW "" COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS ��"� PM10 AIR QUALITY PROGRAM , r AB 2766 Funds Received from Member Jurisdictions Vehicie Registration Revenue Fiscal Year 7/1/08 - 6/30/Q9 ACCOUNTING TABLE Following CVAG Executive Committee Action on April 26, 2010 Agenda Item 10A- Regional PM10 Street Sweeping Program ��4Q'M�D Jurisdictions �r"pJsblq"Se�pgtt{ � 45% 100% �°'�'�`:��0$�2A09 Cathedral Cit ��0,78�;g4' $27,354.98 $60,788.84 Coachella x""; �$�� $21,134.61 $46,965.79 Desert Hot S rin s �}ti =�$29`�;316';2� $13,111.32 $29,136.26 Indian Weils `� ' �7��;��'� $2,570.94 $5.713.21 La Quinta " �'�F9„�$�:'�;J': �22,401.99 $49,782.19 Palm Desert �58��$fl�g; $26,541.13 $58,980.28 Palm S rin s Ty $�I."7,�3�Iz$1? $24,629.31 $54,731.81 Rancho Mira e �';� �a�'��g�;�pg� $8,g56.48 $19,681.06 River. Co. Unincorp.* "��',g��,�g; $33,8'78.20 �75,284.88 � � TOTALS � � �?$$��q�� $�g0,478.95 $401,064.32 'Population Adjustment Formula For Riverside County: A/B x 45%x C =D A=Population Coachella Valley Unincorporated = 84,478 (County Projected for 2010) B= Population Riverside County Unincorporated= 617,241 (County Projected for 2010) C =Revenues (AB2766) Riverside County=$550,000 (County Estimated for 2010) D=Revenues (AB2766} Coacheila Valley=$33,874 (County Estimated for 2010) � �'��2 Attachme�� 2 ,� � �w � FII.E NAME C-1Usersbv.NsonWODDaIaLLowI�AAicrosofllWintlowsllemporery intemet FNeslContent.0utiookU(UG83TZ140276fi 2006�2009 AccounOnp Tebie ior Aurora(9� RUNDATE 52E20if