HomeMy WebLinkAboutReso 93-417 - Approving entering into an agreement with the Shasta County Air Quality Mgmt Dist for the purpose of planning & implementing project which results in Air Quality Benefits in Accordance with the Calif Clean Air Act of 1998 (Ch 1568) RESOLUTION NO. 93-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING ENTERING INTO AN AGREEMENT WITH THE SHASTA COUNTY
AIR QUALITY MANAGEMENT DISTRICT 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) .
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IT IS HEREBY RESOLVED by the City Council of the City of Redding that the
City of Redding enter into an Agreement with the Shasta County Air Quality
Management District, a true copy of which is attached hereto and incorporated
herein by reference, 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) .
BE IT FURTHER RESOLVED that the Mayor of the City of Redding is hereby
authorized and directed to sign said Agreement on behalf of the City of Redding;
and the City Clerk is hereby authorized and directed to attest the signature of
the Mayor and to impress the official seal of the City of Redding thereto.
I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a
regular meeting of the City Council of the City of Redding on the 7th day of
December 1993, and was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Anderson, Kehoe, Moss and Arness
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Dahl
ABSTAIN: COUNCIL MEMBERS: None
CARL ARNESS, Mayor y
City of Redding
A STs FORM APPROVED:
CONNIE STROHMAYER, 5fty Clerk RANDALL A. HAYS/, City Attorney �;
AGREEMENT 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 City 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
WHEREAS, 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 EXHIBIT A; and
WHEREAS, 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
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from motor vehicles within Shasta County;
NOW, 'THEREFORE, it is agreed as follows:
TERMS
1. RESPONSIBILPTIES OF CITY.
During the term of this agreement, City through its Planning Department shall
complete the project as described in EXHIBIT A, attached hereto and hereby made a
part of this contract. City shall provide a status report to District no later than March
1, 1994. An audit report shall be prepared on the project in accordance with paragraph
12, below.
2. RESPONSIBILITIES OF DISTRICT.
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 $50,000 for completion of the project described in
this agreement.
4 BILLING AND PAYMENT.
City shall notify District when City is ready to begin work on the project
described in EXHIBIT 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
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District. Payment of the remaining 10% will occur within 60 days of acknowledgement
of project completion. Payments shall be subject to the continued availability of funds
from motor vehicle registration fees to the District.
5. TERM OF AGREEMENT.
This agreement shall commence on the date of signing and shall terminate on
June 30, 1994. Funds must be expended or encumbered for the specified project by
June 30, 1994 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 AGRFENI ENT; 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
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contained in this agreement and no others. Amendments which provide no substantial
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. NONASSIGNMENT OF AGREEMENT.
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. EMPLOYMENT 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
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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. INDEMNIFICATION.
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
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death, or property being damaged by City or any person employed by City or in any
capacity during the progress of the work, whether by negligence or wilful misconduct.
11. NON-DISCRIMINATION.
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, 1994, 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
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IN WITNESS WHEREOF, District and City have executed this agreement on
the day and year set forth below.
SHASTA COUNTY AIR QUALITY
MANAGEMENT DISTRICT
Date:
Chairman
Air Pollution Control Board
j CITY OF REDDING
Date:
Carl Arness
Mayor
APPROVED AS TO FORM:
County Counsel City Attorney
By By Randall A. Hays
City Attorney
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NEW EXPANDED SCOPE OF PLANNING DEPARTMENT ROLE RELATIVE TO
AIR QUALITY EMISSION REDUCTION REQUIREMENTS FROM INDIRECT SOURCES
1. Assist Regional Transportation Development Agency (RTPA) and the Air Quality
Management District (AQMD) as facilitator and consensus builder between the agencies,
developers, and the public.
2. Assist in policy and rule development regarding the Air Quality Attainment Plan.
3. Process General Plan consistency findings for rules of the Attainment Plan and for each
General Plan amendment, including General Plan elements.
4. Provide routine land-use and air quality analysis related to different traffic-mitigation
proposals generated by the traffic model (i.e., density, commercial, and industrial trip
i generation).
5. Revision of the Circulation and Land Use Elements of the General Plan to be consistent
with the CMP and the City's Air Quality Element as required by the Attainment Plan.
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6. Assist in the ongoing development of CMP mitigation measures and Best Available
Mitigation Measures (BAMMs) for projects affecting the Circulation Element.
7. Identify mitigations which conflict with the goals of the Air Quality Attainment Plan and the
Congestion Management Plan.
8. Assist the CMA, Caltrans, and Public Works Department in providing land-use information
related to deficiency plans which should not increase air emissions.
9. Plan land-use densities to focus more on City/County transit systems relative to
origin/destination points.
10. Provide more assistance to Caltrans, RTPA, CMA, and AQMD in areas affecting land-use
and air quality planning. This requires meeting attendance, staff reports, analysis, and staff
training.
11. Work with the Public Works Department in developing trip-reduction and travel-demand
programs that would apply to individual projects as mitigation.
12. Review and (where appropriate) amend the General Plan to allow rezoning of land from
nonresidential to residential and increase densities in selected areas to create a land-use
pattern that promotes a balance of job and housing opportunities.
13. Review the current zoning and (where appropriate) recommend more mixed-use zoning to
permit housing to certain nonresidential zones and utilize more planned-development zoning
to provide for more variety in housing and mixed densities. The mixing of land uses allows
for a close proximity between the residential units and services or work.
14. Review current zoning and (where appropriate) recommend that the zoning be changed to
increase the residential density in selected single-family zoned areas by allowing ancillary
residential units on single-family residential lots. This is an effective method of providing
affordable housing, increasing the residential density without losing the quality of the
residential neighborhood.
15. Include provisions in zoning ordinances and/or development policies to promote a more
aggressive approach to be taken in providing residential density bonuses for residential
projects that meet criteria for providing a better jobs-to-housing balance through specific
General Plan policies.
16. Recommend that the General Plan be amended (where appropriate) to require all
community plans to have a density infill policy in all urban areas with existing services and
infrastructure to encourage a reduction in the need to use an automobile for commute and
!� service trips.
17. Current and future (one to three years) projects requiring CMP and Air Quality Attainment
Plan coordination with regard to the items noted above:
a. Circulation Element update.
b. Master EIR for overall General Plan.
C. Upper Churn Creek Plan and EIR.
d. Upper Stillwater Plan and EIR.
e. Middle Stillwater Area Plan and EIR.
f. Westside Area Plan/Benton Airpark.
g. Trip Reduction Ordinance of CMP.
h. Consideration of a light rail system between shopping and employment centers.
*Note: Specific items to be completed by June 30, 1994 are defined in the
attached letter to the District dated 10-26-93 by Phillip A. Perry,
City of Redding.
9-7-93
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