2020-24 CVAG - MOU Amendment 5 AB2766 PM10 Regional Street Sweeping ProgramAMENDMENT FIVE
TO
AB 2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
JULY 1, 2020
The AB 2766 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, 2020 and shall bind
the parties hereunder for the entire term of the four-year amendment; through June 30, 2024.
The AB 2766 MOU is hereby amended through this Amendment Five as follows:
1) At their June 1, 2020 meeting , the Executive Committee approved to maintain CVAG's AB
2766 formula at 75% to provide sustainable funding of the Regional PM10 Street Sweeping
Program and related activities starting July 1, 2020 through June 30 , 2024 ;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
By : _____________________ _
Title : Jeff Grubbe, CVAG Chair
Date :-----------
CITY (C~ Coachella
By : ~(\-: ~
Steven A . Hernandez
Title : Mayor
Date : July 22 , 2020
AMENDMENT FIVE
TO
AB 2766MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMijER JURISDICTIONS
JULY 1, 2020
The AB 2766 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, 2020 and shall bind
the parties hereunder for the entire term of the four-year amendment; through June 30, 2024.
The AB 2766 MOU is hereby amended through this Amendment Five as follows:
1) At their June 1, 2020 meeting, the Executive Committee approved to maintain CVAG's AB
2766 formula at 75% to provide sustainable funding of the Regional PM 10 Street Sweeping
Program and related activities starting July 1, 2020 through June 30, 2024; ,
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
By:_~---,----------------
Title: Jeff Grubbe, CVAG Chair
)·
Date: __________ _
. --
~✓ • / •
, Attest:.·
ITEM 5G
Staff Report
Subject: Amendment Five to AB 2766 Memorandum of Understanding
Contact: Katie Barrows, Director of Environmental Resources (kbarrows@cvag.org)
Recommendation: Approve Amendment Five to the AB 2766 Memorandum of Understanding
between CVAG and the Member Jurisdictions to maintain the contributions from the cities and
the County at 75% to provide sustainable funding for the Regional PM10 Street Sweeping
Program, through June 30, 2024.
Energy & Environmental Resources Committee: CONCURS (Meeting of May14th)
Background: Since the early 1990s, CVAG and member agencies have cooperated on a Regional
PM10 Street Sweeping Program. Member agencies have participated in the AB 2766 Memorandum
of Understanding (MOU) which provides for the contribution of a share of their AB 2766 funds to
CVAG; these funds are used to support the Regional PM10 Street Sweeping Program. In 2016,
Amendment Four to the MOU was approved by the CVAG Executive Committee and all member
agencies who participate in the street sweeping program. The MOU expires as of June 30, 2020 and
the request is for the Executive Committee to approve a new amendment that will continue AB 2766
contributions at 75% for the next four years, to June 30, 2024.
Street sweeping is one of the primary air quality control measures to reduce PM-10 (particulate matter
of less than 10 microns). PM-10 comes from dust-generating activities, including vehicles traveling
over paved or unpaved streets and construction. Currently M&M Sweeping, Inc. in Thousand Palms
is under contract to conduct the regional street sweeping program for CVAG. The program also has
the additional benefit of keeping all the major streets in the Coachella Valley clean and doing so at a
low per mile cost due to economies of scale.
The street sweeping program has been funded by several sources. The AB 2766 funds are allocated
to CVAG’s individual jurisdictions as a percentage of vehicle license plate renewals, and then
redirected to the Regional PM10 Street Sweeping Program. One of the former funding sources was
the South Coast Air Quality Management District’s Mobile Source Air Pollution Reduction Review
Committee (MSRC). Beginning in 2015, the MSRC grants CVAG received were reduced from
$250,000/year to $125,000/year to $0/year in 2018. As a result of the funding shortfall, staff sought
additional funding sources to fully operate the street sweeping program. In January 2019 the South
Coast Air Quality Management District (SCAQMD) approved a grant to CVAG of $1,150,000 for five
years of the street sweeping program. The first year of funding is certain with the remaining four years
pending completion of a study of the efficiency and effectiveness of the current program. This funding
is anticipated to help make up the shortfall for the next five years.
The other funding stream is the Coachella Valley Air Quality Enhancement Fund managed by
Riverside County, referred to as Colmac funds. In July 2010, the County formally agreed to a set-
aside of $150,000 in Colmac funds per year for five years to assist CVAG and the member jurisdictions
with the operation of the Regional Program. The current Colmac funding runs through the 2019/20
fiscal year. CVAG will be requesting another five years of funding from the County.
Amendment Four to the current MOU expires June 30, 2020. Combined with the other funding
streams, AB 2766 funds will offset the costs of the Regional PM10 Street Sweeping Program. Staff
recommends that Amendment Five to the MOU to maintain the 75% commitment of AB 2766 funds
from member jurisdictions be continued for the next four fiscal years through June 30, 2024. Pending
approval by the CVAG Executive Committee, Amendment Five will be circulated to all participating
member agencies for approval by their respective governing body.
Fiscal Analysis: Adequate funding for the Regional PM10 Street Sweeping Program is dependent on
all three funding streams, AB 2766, South Coast AQMD, and Colmac.
Contract Finalization: Minor changes/revisions may be made for clarification purposes by CVAG
Executive Director and/or legal counsel prior to execution.
Attachment:
1. Amendment Five to AB 2766 Memorandum of Understanding
City of La Quinta
AGENDA TITLE: APPROVE AMENDMENT NO. 5 TO AB 2766 MEMORANDUM
OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS AND MEMBER JURISDICTIONS TO PROVIDE SUSTAINABLE
FUNDING OF THE REGIONAL PM10 STREET SWEEPING PROGRAM
RECOMMENDATION
Approve Amendment No. 5 to AB 2766 Memorandum of
Understanding between the Coachella Valley Association of
Governments and Member Jurisdictions to maintain contributions from the
cities and the County at 75% to provide sustainable funding of the Regional
PM10 Street Sweeping Program, through June 30, 2024; and authorize
the City Manager to execute the amendment.
EXECUTIVE SUMMARY
•Since the early 1990s, the Coachella Valley Association of Governments
(CVAG) and its member agencies have cooperated on a Regional PM10
Street Sweeping Program through a Memorandum of Understanding
(MOU).
•The street sweeping program is currently funded by three main sources:
1.Reallocation of a portion of Assembly Bill (AB) 2766 funds dispersed to
individual jurisdictions based on vehicle license plate renewals; 2. Grant
funding from the South Coast Air Quality Management District (SCAQMD);
and 3. The Coachella Valley Air Quality Enhancement Fund managed by
Riverside County, also known as Colmac funds.
•Amendment No. 4 to the MOU between CVAG and member
jurisdictions expired June 30, 2020.
•Amendment No. 5 maintains same jurisdictional contribution at 75%
for the next four years, through June 30, 2024.
FISCAL IMPACT
Adequate funding for the Regional PM-10 Street Sweeping Program is
dependent upon all three funding streams – AB 2766, SCAQMD grant, and the
Colmac allocation.
CONSENT CALENDAR ITEM NO. 6
77
CITY COUNCIL MEETING: August 4, 2020
STAFF REPORT
BACKGROUND/ANALYSIS
Coachella Valley and the Salton Sea Air Basin are designated non-attainment
areas for PM10, or air particulate matter less than 10 microns. The primary
source of PM10 is dust-generating activities like vehicles traveling over paved
or unpaved streets and through construction zones. Since the early 1990s,
CVAG and its member agencies have cooperated on a Regional PM10 Street
Sweeping Program – one of the most significant air quality control measures
that can be taken to reduce PM10 throughout our region. This program has
the added benefit of keeping all major streets in the Coachella Valley clean at
a low per-mile cost due to economies of scale.
The street sweeping program is currently funded by three main sources:
(1) Reallocation of a portion of AB 2766 funds dispersed to individual
jurisdictions based on vehicle license plate renewals;
(2) Grant funding from the SCAQMD; and
(3) Colmac funds.
The SCAQMD grant, in the amount of $1,150,000, provides approximately
$220,000 for each of five years for the street sweeping program. While the
first year of funding was guaranteed, the remaining four years are pending a
study of the street sweeping program’s efficiency and effectiveness, also
funded by the grant. The grant was initially awarded to make up for a funding
shortfall after funding from SCAQMD’s Mobile Air Source Pollution Reduction
Review Committee ended in 2018. The Colmac funds received by the County
are associated with mitigating air pollution impacts from a power plant. Since
July 2010, the County has set aside $150,000 each year for the regional street
sweeping program. The current term runs through FY19/20, and CVAG is
working with the County to request an additional five-year extension.
The remaining AB 2766 funding sent to cities and counties by the SCAQMD is
generated by a surcharge on annual DMV fees and must be used to reduce air
pollution generated by motor vehicles. In previous years when funding from
other sources tended to fluctuate, AB 2766 contributions from CVAG member
jurisdictions also ranged from 33% to 100%. In 2016, the fourth amendment
to the MOU for this reallocation requested that 75% of AB 2766 funds be
directed toward the regional street sweeping program. The term of the fourth
amendment expired on June 30, 2020. With this fifth amendment, CVAG
requests that the jurisdictional contribution level remains at 75% for the next
four years, through June 30, 2024. One hundred percent of all funding goes
toward the street sweeping program, currently operated by CVAG under
contract with M&M Sweeping, Inc. from Thousand Palms. Amendment Five
was approved by the CVAG Executive Committee on June 8, 2020 This
recommendation was also reviewed and supported by the CVAG Energy &
Environment Committee on May 14, 2020 Identical MOU Amendments are
being circulated to all participating member agencies for approval by their
respective governing bodies.
78
ALTERNATIVES
Staff does not recommend an alternative, as the MOU allows the City to
maintain PM10 requirements while providing economies of scale.
Prepared by: Julie Mignogna, Management Analyst
Approved by: Bryan McKinney, Public Works Director/City Engineer
Attachment: 1.Amendment No. 5 to AB 2766 Memorandum of
Understanding
79
1
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