2024-26 CVAG - MOU Amendment 6 AB2766 PM10 Regional Street Sweeping ProgramAMENDMENT SIX
TO
AB 2766 MEMORANDUM OF UNDERSTANDING (MOU)
BETWEEN
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
AND
CVAG MEMBER JURISDICTIONS
JULY 1, 2024
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, 2024, and shall bind the parties hereunder for the entire term of the two-year
amendment; through June 30, 2026.
The AB 2766 MOU is hereby amended through this Amendment Six as follows:
1) At their April 29, 2024, 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, 2024 through June
30, 2026;
2) All other terms and conditions shall remain the same.
COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS
By: 9 -
Title: Scott Matas, CVAG Chair
Date: April 29, 2024
CITY OF LA QUINTA
By:
Title: Linda Evans, Mayor
Date: ` %urtei 44 W041
STAFF REPORT
Subject: Amendment Six to AB 2766 Memorandum of Understanding
Contact: Gustavo Gomez, Transportation Management Analyst (ggomez(a)cvaq.org)
Recommendation: Approve Amendment Six to the AB 2766 Memorandum of Understanding
between CVAG and the member jurisdictions to maintain the contributions at 75% for the
Regional PM 10 Street Sweeping Program, through June 30, 2026
Energy & Sustainability Committee: Concurred (Meeting of April 11)
Background: Since the early 1990s, CVAG and its member agencies have cooperated on the
Regional PM 10 Street Sweeping Program. This program is the best available control measure to
reduce PM 10 (particulate matter of less than 10 microns), which originates from dust -generated
activities such as vehicle traffic and construction. PM 10 is a criteria air pollutant and poses a
significant risk to public health if left unabated. As such, CVAG member agencies have participated in
the AB 2766 Memorandum of Understanding (MOU), where they contribute 75% of their AB 2766
funds to CVAG for the program. This program is a key component of the Coachella Valley's State
Implementation Plan to address high levels of PM 10, which places the Coachella Valley in non -
attainment.
In June 2020, the CVAG Executive Committee approved Amendment Number 5 to the MOU for a term
of four years. It is set to expire on June 30, 2024. Staff is now recommending Amendment 6 to the
MOU, which retains the same contribution level but for a shorter, two-year term. This will allow CVAG
staff time to assess the impact that the increasingly frequent and severe blowsand events have on
regional roads.
Weather events like the Valentine's Day storm in February 2019 and Tropical Storm Hilary in August
2023 were unprecedented for the desert. Tropical Storm Hilary brought an excessive amount of mud
and sediment runoff, which compounded by severe winds has resulted in a substantial increase in the
volume of dirt needing to be swept. As these events become more frequent, CVAG staff recognizes
the need to take a proactive approach to assess the situation and associated program costs more
frequently than every four years. Based on the assessment and findings over the next two years,
CVAG staff will provide a recommendation on the current 75% commitment or if adjustments are
warranted.
CVAG staff recommends that Amendment Six to the MOU to maintain the 75% commitment of AB
2766 funds from CVAG member jurisdictions be continued for the next two fiscal years through June
!CVPG74-199 EI Paseo Drive, Suite 100
Palm Desert, CA 92260
TRANSMITTAL
Date: May 7, 2024
To: Monika Radeva
City Clerk
City of La Quinta
78-495 Calle Tampico
La Quinta, CA 92253
(760) 777-7000
Re: Amendment No. 6 to the CVAG Memorandum of Understanding for AB 2766 Contributions
Contract No. CVAG-24-015-06
Enclosed are two (2) original signed copies of Amendment No. 6 to the Memorandum of Understanding
between NAG and the City of La Quinta for AB 2766 Contributions. They are ready for city approval and
signature. I have included a copy of the associated CVAG Executive Committee Staff Report.
After Amendment No. 6 has been signed by the City, please return one copy to CVAG to my attention.
If you have any questions or would like additional information, please feel free to contact me by email at
amcmillen@cvag.org or by telephone at (760) 346-1127.
Sincerely,
Alfela /ffclfflifelt
Allen McMillen
Contracts Analyst II — Contracts and Procurement
Coachella Valley Association of Governments
City of La Quints CONSENT CALENDAR ITEM NO. 6
CITY COUNCIL MEETING: June 4, 2024
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 6 TO AB 2766 MEMORANDUM OF
UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS TO PROVIDE FUNDING FOR THE REGIONAL PM10 STREET
SWEEPING PROGRAM
RECOMMENDATION
Approve Amendment No. 6 to AB 2766 Memorandum of Understanding with the
Coachella Valley Association of Governments to provide funding for the Regional PM 10
Street Sweeping Program, through June 30, 2026.
EXECUTIVE SUMMARY
• Since the early 1990s, the Coachella Valley Association of Governments (CVAG)
and its member agencies have cooperated on a Regional PM 10 Street Sweeping
Program through a Memorandum of Understanding (MOU). The City entered into
an MOU with CVAG in 2010 to provide funding for the street sweeping program.
• 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. 5 to the MOU between the City, CVAG, and its member
jurisdictions is set to expire June 30, 2024. The proposed Amendment No. 6
maintains the City's contribution of AB 2766 funds at 75% for the next two
years, through June 30, 2026.
FISCAL IMPACT
The proposed Amendment No. 6 to the MOU was approved by the CVAG Executive
Committee on April 29, 2024, to maintain the City's contribution of AB 2766 funds at 75%
for a 2 -year period, through June 30, 2026.
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BACKGROUND/ANALYSIS
Since the early 1990s, CVAG and its member agencies have cooperated on the Regional
PM 10 Street Sweeping Program. The program is the best available control measure to
reduce PM 10 (particulate matter of less than 10 microns), which originates from dust -
generated activities such as vehicle traffic and construction. PM 10 is a criteria air
pollutant and poses a significant risk to public health if left unabated. The City
entered into an MOU with CVAG and its member agencies in 2010 to provide
funding for the program.
Recent weather events such as the Valentine's Day storm in February 2019 and Tropical
Storm Hilary in August 2023 brought an excessive amount of mud and sediment runoff,
which along with severe winds have substantially increased the amount of dirt that needs
to be swept from City streets.
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 AB 2766 funding sent to the City 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 the City ranged from 33% to 100%. In June 2020, the CVAG Executive
Committee approved Amendment No. 5 to the MOU requesting that the jurisdictional
contribution level remain at 75% for four years, through June 30, 2024.
The proposed Amendment No. 6 maintains the City's contribution at 75% for the next two
years, through June 30, 2026. Identical MOU Amendments are being circulated to all
participating member agencies for approval by their respective governing bodies.
`,LTERNATIVES
Council may elect not to approve Amendment No. 6; however, staff does not recommend
this alternative as the MOU allows the City to maintain PM10 requirements.
Prepared by: Oscar Mojica, Permit Technician
Approved by: Monika Radeva, City Clerk
Attachment: 1. Amendment 6 to AB 2766 Memorandum of Understanding
130