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CC - Request for city to join the local air quality plan consortium - Box 0660 TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL FROM: rFRANK G. TRIPEPI, CITY MANAGER DATE: FEBRUARY 25, 1992 RE: REQUEST FOR THE CITY OF ROSEMEAD TO JOIN THE LOCAL AIR QUALITY MANAGEMENT PLAN CONSORTIUM WHICH WILL PREPARE•AN AIR QUALITY ELEMENT FOR THE GENERAL PLAN AB 2766 requires all cities to prepare and adopt an Air Quality Element. West San Gabriel Valley cities have joined together and created a proposal to cut costs and qualify for a matching grant. The proposal is to create a consortium. The end product of the consortium's efforts will be an Air Quality Element which cities can incorporate into their General Plans. A matching grant of $125,000 has been secured by the Planning Council from the AQMD to prepare the plan. The proposed West San Gabriel Valley Plan will accomplish the following: (1) collect pertinent air quality data and develop a current air quality profile for the sub-region; (2) define the existing environmental setting relative to air quality; (3) evaluate the impact of air quality managment techniques; (4) assess the effectiveness of current policies; and (5) develop a "menu" of mitigation programs and directives which can be used by each city as needed to meet their obligations under the AQMD's region-wide plan (and for which the city can begin receiving AB 2766 revenues). Once the joint plan is complete, it will be the responsibility of the local jurisdiction to adopt those portions of the document which it sees as appropriate. The "menu" of programs is intended to provide each city with flexibility, rather than dictating a particular policy which may be unacceptable to the jurisdiction. UNCIL AGENDA FEB a 5 1992 ITEM No. SC_A -2- To facilitate plan preparation, a Technical Advisory Committee made up of staff from each participating city will be charged with reviewing technical aspects of the Plan and providing direction to the consultant. In addition, it is anticipated that elected officials and the public may also desire direct input. Toward this end the Planning Council will be organizing a Steering Committee composed of one elected official from each participatng city to advise as to appropriate sub-regional air quality policies. Public meetings are also planned for direct involvement by the public. A preliminary selection of the responsible staff person has been made; however, it would be appropriate for the City Council to select a Steering Committee Representative. Attached is a Memorandum of Understanding (MOU) which, if executed by the City Council before March 1, 1992, will: - enable the continued receipt of AB 2766 funds; - fulfill the requirement to address air quality issues in the General Plan; - achieve these objectives at retain its own consultants cost would be greater. the lowest price; were Rosemead to as an individual jurisdiction, the The share required of Rosemead to participate is $5,643, assuming that all member cities (a list of which is attached), take part. This figure is derived via a formula encompassing Rosemead's proportion of area population, employment and physical size. At this time all but one of the 17 member cities have indicated that they plan to join or have joined the consortium. Staff believes that the total program, which involves passage of Ordinance No. 699 (considered earlier this evening) and execution of the MOU, imparts a gross monetary benefit of $26,783 (the $32,426 to be received less the $5,643 Consortium share cost). RECON20NDATION Staff recommends execution of the MOU and the naming of a Council representative to the Steering Committee. Attachment ORDAIR i "I\ 1 West San Gabriel Valley Planning Council December 30, 1991 Frank Tripepi City Manager City of Rosemead 8838 Valley Blvd. Rosemead, CA 91770 RE: Air Quality Management Plan Dear Mr. Tripepi: I am writing you on behalf of the West San Gabriel Valley Planning Council to formally invite your city to officially join in the preparation of a locally-based joint Air Quality, Management Plan ("AQMP"), as mandated by the South Coast Air Quality Management District's (AQMD) region-wide Air Quality Management Plan. The AQMD Plan requires that each City within the South Coast Air Basin address air quality in a comprehen- sive manner. The Planning Council is organized to facilitate the analysis and discussion of sub-regional planning issues such as air quality, and believes this is an excellent opportu- nity for member cities to coordinate their required air quality management activities, and produce an effective plan at the least possible cost to individual cities. The Planning Council has formed a. working group headed by Mr. William Woolard, Director of Planning for the City of Arcadia. Thanks to his leadership and the efforts of several individuals from member cities, the Council has secured a matching grant in the amount of $125,000 from the AQMD to prepare the Plan. The proposed West San Gabriel Valley Plan will accomplish the following: (1) collect pertinent air quality data and develop a current air quality profile for the sub-region; (2) define the existing environmental setting relative to air quality; (3) evaluate the impact of air quality management techniques: (4) assess the effectiveness of current policies; and (5) develop a "menu" of mitigation programs and directives which can be used by each city as needed to meet their obligations under the AQMD's region-wide plan. Alhambra - Arcadia - Burbank - Duarte - E1 Monte - Glendale La Canada Plintridge - Los Angeles County - Monrovia - Monterey Park Pasadena -Rosemead - Ban Gabriel - San Merino - Sierra Madre - South E1 Monte South Pasadena - Temple City Obviously, once the joint plan is complete, it will be the responsibility of your local jurisdiction to adopt those por- tions of the document appropriate to your city. The "menu" of programs is intended to provide each city with flexibility, rather than dictating a particular policy which may be unacceptable to your jurisdiction. Upon completion of the plan, each city must independently determine how it applies to them. Each city will be responsible for preparing any environ- mental documents necessary for compliance with the California Environmental Quality Act. It will be essential that personnel be assigned from your city during the preparation of the plan, to ensure your input is made a part of the final product. A Technical Advisory Commit- tee will be informed with one staff person from each city to review the technical aspects of the plan'and provide direction. to the consultants. We anticipate that elected officials-and ' the public may also desire direct input. To this end, the Planning Council will be organizing a Steering Committee com- posed of one elected official from each participating city to advise as to appropriate sub-regional air quality policies. Also, we hope to sponsor public meetings on a sub-regional basis for those in the community who desire to get involved. The effort is a true partnership with the AQMD. Participating cities will be expected to contribute their fair share of in-kind services, especially staff time, in assisting the consultant team via the Technical Advisory Committee. Monthly reports will be necessary to ensure that each city is contrib- uting to the process. In exchange for this commitment, the AQMD has generously provided the necessary funds for the con- sultant. Attached for' your review is the schedule of pro-rationed shares (Exhibit No. 1). This is subject to change depending on how many cities join in the effort. The Council has prepared a Memorandum of Understanding (MOU) to facilitate the relationship of participating cities (Exhibit No.2). The MOU allows for the contracting of the consultant, and the preparation of the Plan, after which the "Consortium" would be desolved. The City of Arcadia will be the managing agency for the preparation of the plan. To allow this joint effort to move forward as soon as possible, we are requesting that you execute the MOU as it is currently written, without i modification. Please execute the attached MOU by January 31, 1992, and send a signed original to my attention at the City of Temple City, 9701 Las Tunas Drive, Temple City, CA 91780. We expectrto be in a position to hire the consultant and begin preparation of the plan in February. Please also designate an appropriate member for the Technical Advisory Committee, and the Steering Committee. We believe this is a good example of how cities can work to- gether to cause issues. of common interest and concern to be addressed effectively. If you have any questions, do not hesitate to either contact myself at (818) 285-2171, or any of the working group members as designated on the attached contact list. Thank you for your cooperation. Y. Luke SrMs Presi ent, West Ian Gabriel Valley Planning Council Tentative Contact List West San Gabriel Valley Planning Council Member.Cities Alhambra *Mark Galiatin (818) 570-5054 Arcadia *William Woolard 574-9774 Burbank Rick Pruetz 953-9774 Duarte Steve Sizemore 357-7931 El Monte *Mark Persico 580-2090 Glendale *David Bobardt 548-2144 La Canada- Flintridge Craig Ewing 790-8880 Monrovia *Alice Griselle/ Barbara Lynch 359-3231 Monterey Park Ray Hunada 307-1327 Pasadena *Patrick Clarke 405-4206 Rosemead Brad Tarr 288-6671 San Gabriel Tom Dargan 308-2808 San Marino David Saldana 300-0710 Sierra Madre James McRea 355-7135 South El Monte *Tom Lamb 579-6540 South Pasadena William Campbell 799-9101 Temple City Robert Dawson 285-2171 *Working Group Member r a O `Z /rte O 2 X W Ca O U to . , ,~;as:e aas ~ss:Z.a;a:a a r a Ra:.s 8a xE R"A8 :ox 8 SS I ^IR x A8 SS CS8 8. g B8 8 S:a8A8 R. ;CBEBIER 8 . e - - v;a' oiS!8'o o al , : . . e o,0,° °.o IC O ' g l l H W ll . , O , OOIOObC I I •6W: LJi i ¢I to of OlOo:0: 0.0 O'o o OO'.o a O 8'8 tl O,O CIO18, 6. •l a R 8 Q, 1':., ~ :8 A:BR'ISIA':A.:i' aI B`A;AI. EiA'.V12;o.g: .0 Wi n EXHIBIT NO. 2 JANUARY 1, 1992 NEST SAN GABRIEL VALLEY AIR QUALITY PLAN CONSORTIUM MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into as of , 1992 by and between the cities of , hereafter referred to as "cities". RECITILB WHEREAS, cities are "public agencies" under Title 1, Division 7, Chapter 5, Article 1 of the Government Code of the State of California (commencing with Section 6500) ("Act") concerning the Joint exercise of powers common to public agencies; WHEREAS, the Air Quality Management Plan ("AQMP") adopted by the South Coast Air Quality Management District calls for cities to implement measures to reduce air emissions and that the AQMP additionally provides for local Governments to adopt Air Quality Elements to their General Plan; and WHEREAS, cities intend to jointly exercise their powers to prepare an Air Quality Element for our Subregional Area to reach common objectives; 1 NOW, THEREFORE, in consideration of the mutual promises contained herein, cities agree as follows: ARTICLE i - Purpose This MOU is made for the purpose of enabling cities to s~ exercise their powers jointly to prepare an Air Quality Element for each city's general plan in compliance with the requirements of the AQMP. The purpose will be accomplished and the powers of the entity created by this MOU will be exercised as set forth herein. The member cities shall cooperate in the sharing of information developed as a part of this MOU. The cities shall have no power to control the use by any member city of any report or other information developed by the cities or to determine how any member city implements or utilizes any such report or other information. Notwithstanding the above, no city may sell any such information or report, or the means and methods to develop such information or report while the entity created herein remains in existence without the approval of that entity. ARTICLE 2 - Working Group Section 1. Creation of Working Group. There is hereby created an entity to be known as the West San Gabriel Valley Air Quality Plan Consortium ("Consortium"). The debts, liabilities, and obligations of the Consortium do not constitute debts, liabilities, or obligations of cities, or any of them. The 2 Consortium shall be composed of the city manager, or, if there is no city manager in a particular city, the chief administrative officer of that city, (hereinafter referred to as the "city manager"), each serving in an individual capacity. Each city manager may designate in writing 'an alternate to serve in the absence of the city manager and said alternate shall have all powers of the member while so serving. If the office of city manager in a city becomes vacant, the city council shall designate a city official to serve on the Consortium until a replacement city manager is named. The term of each member of the Consortium shall commence February 1, 1992, and continue until the member no longer serves the city which the member represents. Section 2. Operation of Consortium. A. General. The consortium shall adopt such rules, regulations, and bylaws, not inconsistent with this MOU, as it deems appropriate to provide for the conduct of its meetings and other business, its organization and internal management, and the exercise of its powers and the fulfillment of its purpose under this MOU. B. uorum. A quorum for the transaction of business shall consist of 50 percent of the membership of the Consortium plus one (1). C. Meetings. The Consortium shall meet at such times as may be requested by the Steering Committee upon seven (7) days' prior written notice or upon the request of a majority of the 3 members of the Consortium to the Chairperson. cities which are not members of the Consortium may attend consortium meetings, but shall not be permitted to vote or otherwise participate in the meetings. Consortium meetings shall be open to the public. ARTICLE 3 - officers Section 1. General. The consortium shall appoint the following officers: Chairperson, Vice-Chairperson, and Secretary. The Consortium may designate such other officers with such titles and duties as it deems necessary or desirable. In addition to the duties set forth in this MOU, the.. officers shall have such additional duties as may from time to time be prescribed by the Consortium. Any number of offices may be held by one person. Section 2. Duties and Selection. A. Chairperson. The Chairperson shall be selected by the Consortium from among its members and shall preside at and conduct all meetings of the Consortium. B. Vice-Chairperson. The vice-Chairperson shall be selected by the Consortium from among its members and shall act as President in the absence of or inability of the President to act. C. Secretary. The secretary shall record minutes of all meetings of the Consortium, shall certify and maintain such bylaws of the Consortium as may be adopted and shall perform such other duties as may from time to time be delegated by the consortium. 4 D. Fiscal Officer. The Chief Finance Officer of the City of Arcadia shall serve as the Fiscal Officer of the Consortium and shall maintain books and accounting records and shall 'handle billings and collections of the Consortium. This service shall not impose any liability onto said officer or the City of Arcadia. Consortium members and participants shall hold Arcadia and Finance Officer harmless and free from all claims and liabilities arising out of the performance of the fiscal officers' duties pursuant to this Agreement. Section 3. Steering Committee. The Consortium shall act through a Steering Committee consisting of the Chairperson, Vice- Chairperson, Secretary, and four (4) other members of the Consortium selected by a majority of the Consortium members. The authorized duties and activities of the Steering Committee shall be determined by a majority of the Consortium members. Meetings of the Steering Committee shall be open to all members of the Consortium. ARTICLE 4 - Exercise of Powers section 1. Powers. The Steering Committee on behalf of the Consortium shall have the following powers: (1) to insure Requests for Qualifications and Requests for Proposals from consultants for the preparation of studies, reports, plans, and other documents relating to the requirements of the AQMP; 5 (2) to interview, evaluate and recommend the selection of consultants on behalf of the member cities; (3) to coordinate the dissemination of information among the member cities; (4) to administer contracts with consultants preparing studies, reports, plans, or other documents-on behalf of the member cities, pursuant to this MOU; (5) to authorize payment for reimbursement of mailing, copying, or supply costs, as provided in,Article 5, Section 3 below; (6) represent the Consortium before the South Coast Air Quality Management District, Southern California Association of Governments and other agencies dealing with air quality issues; (7) to make application to the South Coast Air Quality Management District for discretionary AB 2766 funds to offset the costs of the plan preparation; (8) make application for grants from other funding sources as they become available. The.Consortium shall have the power to financially obligate any member city. Any consultants recommended by the Consortium to member cities shall execute separate contracts with the member cities and shall bill those cities directly as provided in Article 5 of this MOU. 6 ARTICLE 5 - Contributions by the Parties Section 1. AOMD Contribution. The Consortium shall receive from the South Coast Air Quality Management District funding for 50 percent of the project through the Mobil Source Air Pollution Reduction Discretionary Fund (AB 2766).Program. Section 2. Contributions by Participating Cities. Fifty (50) percent of the project expenses which are common to the member cities (or a subgroup of member cities) shall be proportionally shared as set forth in Exhibit A. All expenses for work which is solely for the benefit of a member city shall be paid by that member city. Section 3. Record of Participating Cities Contributions. Each member city shall keep a monthly record of monies, time, or other contributions spent on the project. These records shall be made available to' the Steering Committee in accordance with an established time schedule. Section 4. Reimbursement of Mailing Copying and Supply Costs. Any expenses incurred by a member of the Consortium on behalf of the Consortium shall be reimbursed from the contributions made to the Consortium. Reimbursement for such expenses must be approved by the Steering Committee, as a prerequisite to payment. Section 5. Contracts to Reflect Cost-Sharing Arrangement. Any contracts executed between consultant contractors and member cities shall reflect the terms of this Article. 7 rli{ Section 6. ARvlication for other Funding. The Consortium shall be authorized to make application to other possible sources of financial support for the preparation of Air Quality Elements such as the Southern California Association of Governments, state Air Resources Hoard, or Federal Environmental Protection Agency. ARTICLE 6 - Termination of Contracts Upon the execution of any contract with consultant contractors for work common to all or a portion of the member cities pursuant to this MOU, none of the member cities executing such contract for that common work may terminate such contract prior to its expiration, unless a majority of the member cities who executed the contract elect to terminate it. ARTICLE 7 - Amendment This MOU may not be amended or modified except by a written instrument signed by a majority of the member cities. ARTICLE 8 - Effective Date and Term This MOU shall become effective on execution of this MOU by a majority of the potential participating cities as shown on Exhibit H. The Consortium shall remain in effect until terminated by a majority of the consortium members, or until June 30, 1994, whichever shall first occur. 1992. No city may join after February 28, 8 p j ~..2 ARTICLE 9 - Section Headings This section and article headings are for convenience only and are not to be construed as modifying or explainingthe language in the section referred to. ARTICLE 10 - Severability Should any part, term or provision of this MOU be determined by a court to be illegal or unenforceable, the remaining portions or provisions of this MOU shall nevertheless be carried into effect. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed and attested by their duly authorized officers of the date first above written. Date: MAYOR City of ATTEST: Date: CITY CLERK City of 9 EXHIBIT A Expenses for common work on behalf of the member cities (or a subgroup of cities), shall be proportionally shared by those cities as follows: 1. 25 percent of total expenses to be divided equally among the member cities executing contracts for the same common work. 2. 25 percent of total expenses to be shared based on the 1990 Census of population of each city as a proportion of the total population of the member cities executing contracts for the same common work. 3. 25 percent of total expenses to be shared based on the number of persons employed within the jurisdictional boundaries of each city as a proportion of the total number of persons employed within all of the member cities executing contracts for the same common work. The employment population for each member city shall be as reported by SCAG in the 1987 Census of Employment. 4. 25 percent of total expenses to be shared based on the area (in square miles) of each city as a proportion of the total area (in square miles) of the member cities executing contracts for the same common work. All expenses for work which is solely for the benefit of a member city shall be paid by that member city. 10 EXHIBIT B f= YW Y The potential participating cities are as follows: Alhambra Pasadena Arcadia Rosemead Burbank San Gabriel Duarte San Marino . E1 Monte Sierra Madre Glendale South El Monte LaCanada-Flintridge South Pasadena i Temple City .a Monrov. Monterey Park WSGVMOU.406 11