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HomeMy WebLinkAboutReso 94-247 - Approve entering into an agreement between the COR & the Shasta County Air Quality Mgmt Dist to implement Air Quaility Mgmt work program or FY 1994-95 RESOLUTION NO. 94-c?Y7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING ENTERING INTO AN AGREEMENT BETWEEN THE CITY OF REDDING AND THE SHASTA COUNTY AIR QUALITY MANAGEMENT DISTRICT TO IMPLEMENT THE AIR QUALITY MANAGEMENT WORK PROGRAM FOR FISCAL YEAR 1994-95. IT IS HEREBY RESOLVED that the Council hereby approves entering into the attached Agreement between the City of Redding and the Shasta County Air Quality Management District to implement the Air Quality Management Work Program for fiscal year 1994-95. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to sign said Agreement on behalf of the City of Redding; and the City Clerk is directed to attest the signature of the Mayor and to impress the official seal of the City thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced, read, and adopted at a regular meeting of the City Council on the 6th day of September, 1994, by the following vote: AYES: COUNCIL MEMBERS: P. Anderson, Kehoe, McGeorge, Murray and R. Anderson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None -40 OBERT C. ANDERSON, Mayor City of Redding A ST: FORM APPROVED: CONNIE STR HMAYER, y Jerk RANDALL A. HAYS, City Attorney AGRE12AENT BETWEEN SHASTA COUNTY AIR QUALITY MANAGEMENT DISTRICT AND CITY OF REDDING This agreement is entered into between Shasta County Air Quality Management District (District) and Citv of Redding (City) for the purpose of planning and implementing a project which will result in air quality benefits in accordance with the California Clean Air Act of 1988 (Chapter 1568 of the Statutes of 1988). RECITALS NVHEREAS, California Health and Safety Code, Division 26, Part 5, Chapter 7, Section 44220 et seq. provides for the imposition of a motor vehicle registration fee by air quality management districts to be used "....to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement, and technical studies necessary for the implementation of the California Clean Air Act of 1988;" and WHEREAS, District has imposed such fee in Shasta County and has requested nomination of projects which will result in air quality benefits in order to allocate funding for such projects; and WHEREAS, City has applied for funding of a project under this program and such project has been approved as described in E.N=IT A. and the Air Pollution Control Board of Shasta County has determined that City project(s) meets the requirements of Health and Safety Code Section 44220(b); and WHEREAS implementation of City project will lead to reduction in air pollution 1 from motor vehicles within Shasta County; NOW, THEREFORE, it is agreed as follows: TERMS 1. RESPONSIBILPTIF.S OF CITY. During the term of this agreement, City shall complete the project as described in EX=IT A. attached hereto and hereby made a part of this contract. City shall provide- a status report to District no later than March 1, 1995. An audit report shall be prepared on the project in accordance with paragraph 12, below. 2. RESPONSIBIEUIT .S OF MSTRICT. District shall cause funds to be transferred to City in accordance with paragraphs 3 and 4 below. 3. COMPENSATION. City shall be paid the sum of 550,000 for completion of the project described in this agreement. 4 BELLING AND PAYMENT. City shall notify District when City is ready to begin work on the project described in EXMIT A. Notification shall include a project schedule including estimated completion date. District shall transfer the necessary funds within 30 days of receipt of City written notification. The District shall at its discretion retain 10% of the total grant amount until project completion is satisfactorily demonstrated to the District. Payment of the remaining 10% will occur within 60 days of acknowledgement 2 of project completion. Payments shall be subject to the continued availability of funds from motor vehicle registration fees to the District. 5. 'TERM OF AG This agreement shall commence on the date of signing and shall terminate on June 30, 1995. Funds must be expended or encumbered for the specified project by June 30, 1995 or shall be returned to the District within 30 days of the agreement termination date. 6. TERMINATION OF AGREEMENT. If City fails to fulfill in a timely and professional manner its obligations under this agreement, or if City violates any of the terms or provisions of this agreement, then District shall have the right to terminate this agreement effective immediately upon the District giving written notice thereof to City. District may terminate this contract immediately upon written notice should funding cease or be materially decreased. 7. ENTIRE AG ; MODIFICATION. This agreement supersedes all previous agreements and constitutes the entire understanding of the parties hereto. City shall be entitled to no other benefits other than those specified herein. No changes. amendments or alterations shall be effective unless in writing and signed by both parties. City specifically acknowledges that in entering into and executing this agreement. City relies solely upon the provisions contained in this agreement and no others. Amendments which provide no substantial 3 or functional change to the original intent of the project may be agreed to in writing between the applicant and the Air Pollution Control Officer (APCO). 8. NONASSIGNMEENT OF AG Inasmuch as this agreement is intended to provide funding for a specific project(s) to be completed by City, City may not assign or transfer any interest herein without the prior written consent of District. 9. ENTLOYMENT STATUS. City shall, during the entire term of this agreement, be construed to be an independent contractor and nothing in this agreement is intended nor shall be construed to create an employer-employee relationship, a joint venture relationship, or to allow District to exercise discretion or control over the professional manner in which City completes the project which is the subject matter of this agreement. provided always, however, that the project to be completed by City shall be accomplished in a manner consistent with the professional standards applicable to such projects. The sole interest of District is to insure that the project shall be completed in a competent, efficient and satisfactory manner. 10. MENE4MCATION. City shall hold harmless, defend and indemnify the District, its officers and employees, against all claims, suits, actions, costs, counsel fees, expenses, damages, judgments or decrees by reason of any person's or persons' bodily injury, including death, or property being damaged by City or any person employed by City or in any 4 capacity during the progress of the work, whether by negligence or wilful misconduct. 11. NON-DISCR 111NATION. City will not discriminate in employment practices or in the delivery of services on the basis of race, color, creed, national origin, sex, age, marital status or physical or mental handicap. 12. AUDIT. City shall submit within 30 days of project completion or no later than August 1, 1995, whichever comes first, a report detailing project expenditures and performance including time accounting. The District at its discretion may audit all records pertaining to the expenditure of District funds. 13. NOTICES. Any notice required to be given pursuant to the terms and provisions of this contract shall be in writing and shall be sent first-class mail to the following addresses: If to District: R. Michael Kussow, Air Pollution Control Officer Shasta County Air Quality Management District 1826 Butte Street Redding, CA 96001 If to City: Phillip Perry, Planning Director Planning Department City of Redding 760 Parkview Avenue Redding, CA 96001 IN WTINF.SS WHEREOF, District and Citv have executed this agreement on the day and year set forth below. SHASTA COUNTY AIR QUALITY MANAGEMENT DISTRICT Date: Chairman Air Pollution Control Board CITY OF REDDING Date: Mayor APPROVED AS TO FORM: County Counsel City Attorney By City Attorney \a pcborrd\agree=t..rd; 6 AIR QUALITY MANAGEMENT WORK PROGRAM FOR FISCAL YEAR 1994-95 The following work programs are derived from the goals and objectives of the Air Quality Element of the Redding General Plan. Some of the products to be produced are carried over from last fiscal year in that they were only intended to be initiated and not completed; some of the products will be initiated this coming fiscal year, but not necessarily completed. It should be understood that not all of the work will result in an end product because the work is primarily a process such as monitoring air quality; overseeing the success of air quality programs; and educating the community about the relationship between air quality laws, traffic, and land-use planning. Certainly, tools will be developed to assist in these efforts, but their anticipated daily application in fiscal year 1994-95 is difficult to account for, although time sheets will be used to log in the labor after the effort has been expended. The total number of hours by all City Planning and Public Works staff involved in these work items is 2,160 hours or the equivalent of a little over one full-time employee. 1 . Policy 1, Air Quality Modeling and Analysis (60 hours). If the City is to grow, then Planning staff must become proficient in air quality modeling in order to defend the right to grow. This involves the application of the URBEMIS model to all discretionary projects, including General Plan amendments. In the case of a General Plan amendment on a large project, the time spent can be considerable in that at least three air quality scenarios should be examined, including the proposed project, "no project," and a feasible option to the proposed project that reduces air quality impacts. Some of this effort includes training staff and developers to use the new URBEMIS-5 model and keeping up-to-date on development and use of more sophisticated models. It should be understood that the URBEMIS-5 model only calculates the point source impacts of a project. Line source air quality impacts from a proposed major arterial link must be analyzed by a line source model in order to determine the impacts on adjacent land use and sensitive receptors such as hospitals and schools. Also, staff must become knowledgeable about air shed models which are used to determine the regional impact of different scenarios of the City's Land Use and Circulation Elements. Since the traffic impact model is being designed to include an air shed model, staff has no choice but to become familiar with its application, particularly as it relates to Federal laws governing air shed emissions inventory and an emissions budget which the entire County will be accountable for under State and Federal Highway Administration (FHWA) regulations when the region exceeds Federal ambient air quality standards. It could be argued that air quality modeling should be left to the experts. City staff is the first line of defense for proposed land-use and traffic improvements aimed at improving traffic conditions. Outside monitoring agencies (FHWA, Air Resources Board, Caltrans, and Housing and Urban Development) and the Sierra Club may challenge projects that appear to detract from the region's air quality. The only empirical defense is air quality modeling. On more comprehensive projects, the City will likely contract out for the modeling, but even this will require staff to know the scope of what is requested in order to prepare a request for proposals. Although exotic air quality modeling beyond Ad EAHED the URBEMIS-5 and the new air shed model being developed for the traffic model will not be needed in this coming year, staff needs to begin the learning curve now because the models are complicated, and they will be needed in a few years if the City is to grow. 2. Policy 2, Environmental Determination and Tracking Program for Cumulative Air Quality Impacts (60 hours). Staff will develop and implement a tracking program to be used to implement Policy 2 of the Air Quality Element. This will incorporate the format on pages 50 and 51 of the element and include the revision of the City's initial study checklist to be used for environmental determination. Emissions from vehicles and wood burning devices will be tracked. This will require some coordination with the traffic model and Building Department. Hopefully, this effort can be automated. 3. Policy 3, Report on Cumulative Air Quality Impacts (100 hours). Staff will prepare a quarterly report to the Planning Commission, City Council, and the Air Quality Management District (AQMD) on air quality matters, including documentation on the cumulative effects of approved projects. This may include nondiscretionary projects involving building permits. The format for this report is discussed under Item 2 above. The purpose of this effort is to inform staff and decision makers of how many unmitigated emissions are being added to the cumulative emissions of all approved projects. This information will help decide if less or more air quality mitigations are needed relative to actual measured ambient air quality by the AQMD. The reports will highlight the need for regional correlation and planning on a metropolitan level. Quarterly reports will be prepared for Planning Commission meetings of September 13, December 13, March 14, and June 27, 1994. 4. Policy 7, Vision Plan, Comprehensive Land-Use, Transportation,and Air Quality Planning (600hours). This will require that the policies and strategies of the Air Quality Element be incorporated in the "vision" planning process, Land Use and Circulation Elements, and neighborhood plans. This effort also includes a presentation by Planning staff of a 35 mm slide show, illustrating the need for a comprehensive update of the General Plan and a need for more planning at the metropolitan level by the Regional Transportation Planning Agency (RTPA). The RTPA may delegate some of this effort back to the City. Although the City may proceed with the vision planning process, this coming fiscal year the $35,000grant only covers the consultant's time. Staff time will be considerable and will focus on ways to accomplish the vision (developed by consensus) relative to reduced vehicle miles traveled, reduced use of single-occupant vehicles, and increased opportunities for multimodal transportation, including walking and biking. The foregoing efforts should assist in producing the following products by the end of fiscal year 1994-95: a. Vision plan based on community consensus. b. Draft Circulation Element incorporating Air Quality Element policies. c. Decision by the City Council to fund a comprehensive upgrade of the City's General Plan beginning in fiscal year 1995-96. The update could include the goals and policies of the Air Quality Element. d. Formal decision by the RTPA to use its status as a metropolitan planning organization to create a forum where regional issues related to air quality, traffic, and land use could be addressed by jurisdictions of the metropolitan area. This could be formalized in the County's Regional Transportation Plan, which is to be rewritten by the RTPA this year. 5. Po/icy 24, Higher Densities (1,140 hours). The City will identify vacant parcels for potential reclassification and/or rezoning to higher densities (6.0 to 18.0 units per acre). The parcels must be within one-quarter mile of a RABA service route and close to retail, urban services, and centers of employment. This objective will be accomplished based on the following work outline: a. Delineate a boundary close to the urban core of the City where higher densities can be served by existing transit- and pedestrian-oriented developments. b. Identify existing centers of employment and retail activities within one-quarter mile of RABA routes. c. Inventory vacant lands within the boundary where higher densities may be suitable based on compatible adjacent land use and existing infrastructure capacity (i.e., sewer, water, and circulation). d. Develop zoning criteria that would apply as an overlay zone to ensure that higher- density developments incorporate transit- and pedestrian-oriented standards. The zoning criteria will incorporate built-in air quality mitigations of the Air Quality Element based on emission-reduction efficiencies such as proximity to employment centers, mixed uses, transit routes, and existing bicycle routes. This means that new high- density developments would automatically be entitled to a substantial percentage of emission-reduction credit toward the 20 percent reduction required by the Air Quality Element. e. Obtain approval of the Planning Commission of the final prioritized list of parcels that justify consideration of higher density. f. Notify the property owners of the potential for higher density. Such notification would include an invitation for the property owners to apply for reclassification of the General Plan or rezoning to higher density. 6. Staff Coordination with RTPA and AQMD (150 hours). During the fiscal year, staff will attend six County RTPA meetings, four Caltrans meetings, and eight Air Pollution Control Board meetings. Staff will report on items considered by these agencies as they relate to air quality management and land use. This will require the preparation of staff reports to the Planning Commission and the City Council with an emphasis on comprehensive planning. 7. Air Quality Grant Audit (10 hours). The City's air quality grant is audited each year on August 1 . The AQMD recently initiated the audit as required by State law to ensure that the grant funds are properly spent. Staff must prepare the necessary report for the audit. 8. Grant Administration and Preparation of Work Program for Fiscal Year 1995-96(40 hours). Each year, the City is scheduled to receive a grant from the County Air Pollution Control Board to fund local air quality planning efforts similar to the work program noted above. PROJ\AIR\WORKPROG.81 6