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HomeMy WebLinkAbout01/11/1991 AGENDA '~ Intergovernmental Relations Committee Meeting Friday, January 11, 1991 Noon -Bank'Room Bakersfield Convention Center I. Introductions II. Raft Task Force (Dale'Mills) III. Air Quality Update (Kandy Abbott) IV. Bekway/Wesrside right-of-way (Randy Abbot~) V. Set Next Meeting JH:drkircrmbce Department of L. DALE MILLS PUBLIC WORKS Director of Public Works 2700 "M" Street, Suite ~;500 County Surveyor Bakersfield, CA 93301 ~County Road Commissioner Phone: (805) 861-2481 :-,~ Fax: (805) 324-1715 June 13, 1990 MISSION STATEMENT HIGH SPEED AND LIGHT RAIL SYSTEMS To develop and propose a rail system plan which integrates' the high speed and light rail systems to improve the quality of life, improve air quality, maximize the operating effectiveness of both systems, minimize ultimate capital and operating costs, and provide the greatest transportation efficiency to all citizens of Kern County and the State of California. DT:dm MIS5.D1 Department of L. DALE MILLS PUBLIC WORKS Director of Public Works 2700 "M" Street, Suite #500 Coumy Surveyor Bakersfield, CA 93301 County Road Commissioner Phone: (805) 861-2481 ~-.~- Fax: (805) 324-1715 June 13, 1990 GOALS HIGH SPEED AND LIGHT RAIL SYSTEMS 1. Develop a concept, for integrating all modes of transportation. 2. Develop land use policies that are supportive of rail transportation. 3. Identify the high speed rail corridor. 4. Identify the high speed rail terminal location. 5. Identify the'light rail corridors. 6. Identify the light rail terminal locations. 7. Estimate the capital and operating financial issues associated with the integrated plan. 8. Estimate the local issues associated with the integrated plan. 9. Ensure maximum public input in plan development. 10. Achieve consensus on the integrated rail system plan. 11. DeveloP a legislative strategy that supports the attainment of plan goals. DT:dm MIS5.D1 ~].. I~-~:'iI '1" METRQPOLITAN BAKERSFIELD RAIL COMMITTEES T~,MELINE- I Janua~ ~ F ' M~ ' A M '- - J July A S O N D January F M A M j July A Metr°POl' ..ff~n Bakersfield light Rail Study ' PHASE I Six Monks I Fem.~y StuW I ~HASE ~ PHASE II PHASE II System Planning Study la Months , ~ Com~.ed Metropolitan Bakersfield High Speed Rail A~emattve Analy~s Terminal Study HIGH ~PEED RAIL I Eight Months I COMPLETED CALTRANS AB 1307 Integrated High-speed Ground Transportation System Study SB STUDY 15 Months October, 1992 EXISTING RAIL f : COMPLETED CORRIDORS Nine Months - March, 1992 Department ~f L. DALE MILLS PUBLIC WORKS Director of Public Works 2700 "M" Street, Suite #500 County Surveyor Bakersfield, CA 93301 ~County Road Commissioner Phone: (805) 861-2481 Fax:. (805) 324-1715 METROPOLITAN BAKERSFIELD HIGH SPEED RAIL TERMINAL DRAFT TRANSPORTATION CENTER PROPOSED STUDY OUTLINE INTRODUCTION - Passenger Rail Service to Bakersfield - Previous Studies DEMOGRAPHIC AND RIDERSHIP CHARACTERISTICS - Forecast of Ridership SURVEY OF METROPOLITAN AREA PLANS AND PRACTICES - Review of General Plans - Review of Specific Plans - Review of Local Transit Plans - Review of Latest High Speed Rail Plans GOALS AND OBJECTIVES TERMINAL LOCATION AND DESIGN CRITERIA Location Criteria - Ridership Potential - Accessibility to Major Corridors - Accessibility to Local Walk, Auto and Bus Systems - Compatibility with Surrounding Land Use - Current Use of Site - Size of Site - Potential for Site Expansion - Cost of Construction = Encouraging Urban Sprawl Design Criteria - Parking · - Ticket Counter/Baggage Area - Waiting Areas - Platform Areas - Operational Functions (Mechanical, etc.) - Transit Areas · - Personal Care Facilities - Future Expansion SITE ANALYSIS - Alternative Sites - Site Evaluation - Site Selection FACILITY PLAN AND COST ESTIMATES - Station Building - Station Track - Station Platform - Parking - Coordination with Other Modes FACILITY CAPITAL COSTS - Land Acquisition - Tracks and Signals - Passenger Platform - Station - Parking and Utility Construction - Architectural and Engineering SerVices FACILITY OPERATING COST ~ Estimated Operating Budget FINANCIAL ANALYSIS - Project Cost - Project Revenue - Capital Funding Sources - Financing Strategy - Joint Development Opportunity ASSESSMENT OF OTHER.TRANSPORTATION CENTERS / Department of L. DALE MILLS PUBLIC WORKS' Director of Public Works 2700 "M" Street, Suite #500 County Surveyor Bakersfield, CA 93301 ~County Road Commissioner Phone: (805) 861-2481 Fax: (805) 324-1715 January 10, 1991 TO: Metropolitan Bakersfield Rail Committee FROM: Planning Sub-Committee SUBJECT: PROPOSED LIGHT RAIL STUDY OUTLINE PHASE I Feasibility Study (6 months) June 1991 PHASE II System Planning Study (1-1 1/2'years) January 1992 PHASE III Alternatives Analysis Environmental Analysis (EIR/EIS) (1 1/2 years) June 1993*~ PHASE IV Preliminary Engineering {2'years) June 1995 PHASE V ,Final Design {2 years) June 1997 PHASE VI Construction and Deployment **Corridor preservation could begin after this step without continuing to the engineering and construction stages. Department of L. DALE MILLS PUBLIC WORKS Director of Public Works 2700 "M' Street, Suite #500 County Surveyor Bakersfield, CA 93301 .~County Road Commissioner Phone: (805) 861-2481 Fax: (805) 324-1715 DRAFt' PHASE I Feasibility Study (6 months) June 1991 Strategies and Opportunities PHASE I STUDY OUTLINE A. Introduction - Identify need for the study. 8. Demographic Characteristics - Population Growth (1990, 2000, 2010, 2020) - Population Densities {1990, 2000, 2010, 2020) - Housing Densities (1990, 2000, 2010, 2020) - Employment Densities (1990, 2000, 2010, 2020) C. Identify Future Growth Study Areas to be Examined. {northeast, central, southwest, etc.) 'D. Survey of Metro Area Plans and Practices. - Review of General Plan - Review of Specific-Plans - Review of Local Transit Studies - RevieWof Latest High Speed Rail Information. - Review Transit Ridership Information E. Opportunities/Constraints Issue Identification F. System Goals and Objectives G. System Ridership Estimates H. Station Location and Design Criteria - Policy Development - Site Selection Criteria - Initial Design Requirements - Area requirements I. Recommendations ApPendix - Experience of Other Urban Areas. - Land Use Coordination - Multi-Modal C6ordination - Parking Management/Control - Financing - Planning Policies - Infill/Redevelopment PHASE I FEASIBILITY STUDY - STRATEGIES AND OPPORTUNITIES INTRODUCTION - PURPOSE NEED: 1. The current levels of peak hour congestion. 2. Crowding on present peak period transit service. 3. Rapid growth projected to result in 30 percent increase in popuiation. 4. A projected 30 percent.increase in employment in the ... 5. Projected demands .exceed the'combined capacity of highway routes, local streets and existing transit service. 6. Rising cost of auto travel which already threatens the mobility of some' segments of the urban community. 7. The general need to conserve energy in transportation particularly petroleum products. 8. Air quality;y which exceeds statutory and desirable standards. g. The need to preserve right-of-way. iO. A continuing need to revitalize the downtown. · GOALS AND OBJECTIVES GOALS Goal 1. Improve Transportation Service. Objectives: A. Reduce Traffic Congestion B. Reduce Travel Times C.' Increase Travel Safety D Improve Transit Reliability E Improve Transit Productivity F Improve Transit Comfort and Convenience G Improve Intercity-city Transportation System Interface H Facilitate Bicycle Travel I Facilitate Urban Goods Movement J Facilitate Pedestrian Circulation K Minimize User Costs L Provide Adequate Parking Consistent with Community Objectives Goal 2. Protect and Enhance the Environment. Objectives: A. Air Quality B. Noise Levels C. Wetland, Threatened and Endangered Species D. Flood Hazard E. Water Quality F. Cultural Resources G. Open Space and Parks H. Housing and Business Displacement I. Neighborhood Disruption J. Aesthetics Goal 3. Conserve Energy. Objectives: A. Minimize Transportation Energy Consumption B. Minimize Related Non-Transportation 'Energy Consumption Goal 4. Maximize Social Welfare and Equity. Objectives: A. Maximize Accessi. bility to Jobs B. Maximize Accessibility to Community Facilities and Services C. Avoidance of Displacement of Disruption of Community Facilities D. Improve Mobility for Elderly, Handicapped, Minority and Lower Income Groups E. Provide Suitable Housing Accommodations and Opportunities Goal 5. Encourage Infill Development and Redevelopment. Objectives: A. Stimulate Development of Downtown Bakersfield B. Improve Job Formation {Number and Location) C. Enhance Economi'c Base and Income D. Maintain and Enhance Local Property Values Goal 6. Maximize Financial Feasibility. Objectives: A. Minimize Public Cost - Total and Incremental B. Public Revenues - Total and Incremental C. Balance Costs and Funding Available Goal 7. Maximize Community and Institutional Acceptance. Objectives: A. Conform with National/State/Regional/Local Goals and Objectives and Policies B. Minimize Financial Impacts C. Minimize Vulnerability to Labor Disputes D. Maximize Governmental and Administrative Feasibility E. Minimize Vulnerability to Delays F. Minimize Risks and Uncertainties Relative to Procurement G. Facilitate Disaster Preparedness and Evacuation Capabilities Goal 8. Maximize EConomic Efficiency. Objectives: A. Minimize Net Public Costs - Cumulative B. Minimize User Costs - Total and Incremental C. Minimize Non-User Costs D. Maximize User Benefits E. Maximize Non-User Benefits Department of L. DALE MILLS PUBLIC WORKS Director of Public Works 2700 "M" Street, Suite #500 County Surveyor Bakersfield, CA 93301 ~County Road Commissioner Phone: (805) 861-2481 Fax: (805) 324-1715 · PHASE II.' SYSTEMS PLANNIN6 STUDY DRAFT PHASE II STUDY OUTLINE SUMMARY - Purpose - Demographics - Future Growth Area Identified - Need for Light Rail Service - Opportunities and Constraints SYSTEM GOALS AND OBJECTIVES SYSTEM RIDERSHIP ESTIMATES SYSTEM EVALUATION AND DESIGN CRITERIA System Design Criteria - Ridership Potential - Accessibility to Local Walk, Auto and Bus Systems - Compatibility with Surrounding Land Use - Potential for System Expansion - Cost of Construction Station Design Criteria - Parking - Ticket Counter/Baggage Area - Waiting Areas - Platform Areas - Operational Functions (Mechanical, etc.) - Transit Areas -'Personal Care. Facilities~ - Future. Expansion FACILITY PLAN AND COST ESTIMATES - TPack - Station' Building - Station Platform - Parking - Coordination with Other Modes DESCRIPTION OF ALTERNATIVES ALTERNATIVES ANALYSIS SYSTEM PLAN AND COST ESTIMATES SYSTEM CAPITAL COSTS - Land Acquisition - Tracks and Signals - Passenger Platform - Station - Parking and Utility Construction - Architectural and Engineering Services SYSTEM OPERATING COST - Estimated Operating Budget FINANCIAL ANALYSIS - Project Cost - project Revenue - Capital Funding Sources - Financing Strategy - Joint Development Opportunity Department of L. DALE MILLS PUBLIC WORKS Director of PUblic Works 2700 "M" Street, Suite #500 County Surveyor Bakersfield, CA 93301 ~County Road Commissioner .Phone: (805) 861-2481 Fax: (805) 324-1715 PHASE III ALTERNATIVES ANALYSIS (EIR/EIS) DRAFT PHASE III STUDY OUTLINE SUMMARY' - Purpose - Need for Light Rail Transit Service - Evaluation Process - Summary Description of Alternatives - Transit Service Levels and Costs - Transit Patronage and Ride-sharing Potential' -.Summary of Impacts - Citizens Participation ~ TRANSPORTATION INVESTMENT - Need for Major Transportation Investment - Evaluation Process 1. Define Study Area. 2. Identifying the significant ,impacts of each alternative. 3. Comparing the related cost-effectiveness of the alternative in · attaining specific goals and objectives. 4. Determining the sensitivity of the comparison to variations in basic assumptions. - Community Participation DESCRIPTION OF ALTERNATIVES - Alternatives 1. No-build 2. Restructuring Bus Route Network/Expansion of Bus Fleet. 2a. 2b. 3. HOV Roadways 3a. 3b. 4. Light Rail Transit {individual corridors). 4a. 4b. - Transit System Supply Parameters - Capital Cost Estimates - Transit Maintenance and Operating Costs AFFECTED ENVIRONMENTAL AND ENVIRONMENTAL IMPACTS - Setting - Transportation Service Impacts - Air Quality Impacts - Noise and Vibration Impacts - Impacts on Wetlands and Threaten and Endangered Species - Water Quality Impacts - Residential and Business Displacement and Land Use Affected - Public Services and Community Services Affected - Cultural Resources and' Potential Section 106 Involvement - Open Space, Park and Potential Section 4(F) Involvement - Aesthetics - Security Impacts - Construction Impacts - Community Disruption - Impacts on Energy Resources - Impact On Social Welfare - Economic Impacts - Financial Impacts - Community-and Institutional Acceptance - Cost Effectiveness RAILCOMT.12 LOS ANGELES-FRESNO-BAY AREA/SAnTO CORRIDOR INTERCITY RAIL CAPITAL FUNDING St atewide Corridor Only 1. Capital Funding Needs Identified' $908,965,000 $263,689,000 2. FY 1990-91 TCI Funds Approved .- S10.441.000. - S2.941. 3. Remaining Capital Fundi;~g Needs $898,514,000 $260,748,000 4. Amount Assigned to Prop. 116 - $309.959.000 - S138..049.000 5. Amount Recommended in PSTIP $588,555,000 $122,'699,000 (21%) 6. Amount P=ogr~ed in STZP $450,750,000 896,253,000 (21%) (15% of total Prop.. 108 Funds) 7. Amount Not Programmed $137,805,000 $26,446~000 Proposed Funding Grade Crossing ImprovementS, Stockton-Bakersfield: Specific Iocaeion$ Co be determined. S941,000 TC! (90-91) Station In~=ovements (New s~a~£on at Bakersfield)= Under coneract. 2,000,000 TCI (90-91) Grade Crossing Zmpkovemen=s, Stockton-eake=s~ield ~" :.~.,~ ,~ (~re): Scope of ~r~ '~dar de.lop, ne. ~ sTIP (90-911 q Con~rac~ unde~ ~evelo~n~. ~72,0 STiP (90-91) ~ tract upgrade): ~cope of wor~ under de~lo~c. STIP (90-91) Accessl Scope of ~rk under de~lopmen=. ~838,000-~ $TIP (90-91) Aubu,*n-S&o=&ment:o-S&n JOSe Co:=L. dor Station Improvements (New 8~at£on in Oakland a~ J, ck London Square): Deeign underway. $G,602,000 STIP (90-91) S~atewido San .Jose ~aintenance Facility (Final design, TC! (89-90) =ight-of-wa~ acquisition): Con~rac~ under Amtrak development, $12,000~000 U~TA Los Znte~c£ty AB 971 Proposed Project Cost . Funding FY 1991-92 SCatlon Improvements (New station at 6~ Stock=on; others Co be determined) $8,002,000 Prop~. 11 Implemen~ Di'roct Sorvicm to S&cramen~o A2 12,278,000 Prop. 116 · Y 1992-93 Implement Direct' Service =o Los Angeles A1 1,953,000 PrOp. 116 Preliminary' Engineering Study, . Grapevine Alignment Preliminary'Engineering Bay Area Access A(EI) (bi 2,642,000' Prop. 116 FY 1993-94 Implement Service on 'Southern Paci£ic, Fresno Co Stock=on A3 FY 1994-95 Track and Signal Improvements (Han~ord, Latch curve realignments~ CWR Stockton-Martinez) B3;C2 32,$06,000 Pro~. 116 FY 1995-96 Speed, Com~o=~, and Safety Cab S£gnal$/~utoma~ic T~&in Con~ol '(Bakersfiold-S=ockton, Re~rofl~) B1 STIP (95-96) cab $£gnals/Automa~ic Train C6ntrol Not (S~ock~on-Oakland, S=ock=on-Sacto) B1 26,446,000 Progranm~d - 1990 DRAFT DAIE 10130190 $1AIE TRANSPORIIIION I#PROYEHENI PROGRAN i IK PARENS ARE NON-SqA FUNDS SIAIE IRINSPORIAIION PROJECI COSIS RAHI$ - DC $ Iq 1HOUSIND$ CHK IRROUI OISIRIC! ~NIERC]IY RAIL . PAGE PROrd .R1£ I PROd£Cl DESCRIPTION I I I PROGRAH SCHEDULE Ell PRO& liCE:SS ; £SC. F~O£RAL AND SIAIC I PROG I ESI I' 4.01 q.ii 4.GI q. SX 4.81 q.SZ 4.0Z fuND IYPES- I AH LICIL'AGENC¥ FUNOS I NOI I C051 I tfl05 ' X'~a03 ILA-FR£-SFOISAC CORRIDOR 15 I * I R ~ . , ~liO20 I i'SIOCKION/BAK[RSFI£LD ' I ! R : NIRR iGRAO[ cRDsSlkG IHPROVENN,S PR£LINI ,' SOO C /,,3'~ Or&de C~oooing Improvements, $CookCon-B~ke,8~ddL]d 6~ IRR 9OlS[I'RIVERBANKIEHPIR[ I . I I 6q : IRR 901HANFORDoCORCORANoUASCO I I I~ 900] XDOO3 iLA-FRE-SF9/SAC CORRIDOR i~ I I  ll6?O I INARIINCZ lO PORI CHICAGO I I r ~ '; HIRR IIRACK & SIGNAL INPROVEHCNIS I I ~oo c~y3q~T[lok & Signal I~[ovemerl~8 (Ho~tLnez-~orC Soo~e Og 6q IRR ~01 I I I ' ~oot ~oo3 ILI-FR~-SFSISAC CORRIDOR .Sa I I ~ !1020 1. NIRN ,SACRAHCNIO/STOCKTON ACC[SSlPRELiNiN&qv ENGINEERING STUDY ', ', ~OO ' ~.35 P~o~I~i,i. Ey ~nDJfleo[~ 6LudY, SAcko-~Cook~onc lflR IF 1CC: 838 I I C ACoO881 SOOFO o~ work U~de; ~ IRR ~01 I I I ~ooe ADooq ISFe-S4C-AuU CORRIDOR ~9 I I R ]lOqO I IJACK LONDON SQUARE IN OAKLIND I J R HIRR ICONSINUCl NEM AHTRAK SlAIION I I 6300 C 6602 IAR IF 1/C: 6602 R[PLAC[ STATION I I C ~q IRR. 90IDESIROV[O 99 [ARIFlQUIK[ I I 90T~ xgO03 ILA-FRK-SFH/SAC CORRIDOR 'iiSi I - R ' ~il020 I 18[TMC[N 8AKERsF][LDIFRESNO' I I R ' ' ' HIRR. iSPCED~ SkFE1Vo COqFOnl IHPROV[MENISI I 23000 C / ' / 30413~ InN IF 1[C: 30q13 GRADE S[PSoFfNCINGi ' I C * - /' 9024 x9003 ILA-FRE-SFH/SAC CORRIDOR 12ql J fl / / NIRR ISP[[O. SAFEIVo: COH~ORi INPROV[H(NlSl I ~000 C . .' . ' . ] 105~9 IRR IF ICC: 105~9 GaAOE.SEPS,FEMCINGI I C ' * / /f ~-- 6~ * IRa 90IR(ALISN IRACK~PLATFORNS I * . ~ .................................. Speed, Corn[orE, And SAfety F~o~ec~8 :~:::: ...... ....................................... ' .................. " '- ' - ' , ~'-~ ........... *~ ........ 11020 / ISTOCKTONISACTo~I SIOCKTONIOAKLAHD J .. J ' H.' ~ ~.~/~*~ (~.(J /,'Ge, j ( ~ (~ : 'J 19961 ~ ]990 DRAFI DAIE 10130190 ~ SIAIE IRANSPORIAIION I#PROV[flENI PR~GRA# $ lt~'PAR[~S ARE NON-StiR FUNDS SIAl] IRANSPORIIIION PROJECT COSIS RAHIS - DC s IN THOUSANDS CHK IRROUI DISIRICI PAGE PROJ qI[ I PnOJlCT DESCRIPTION I I I PROGRAfl SCHEDULE COC~llON ID I I PR[V I FUN~'IYPES ! AND ~OCAL AG[NCY'FUNDS ! NO1 ! CeSI I DIST £LEN[NT ! ! AMAROEOI 1190 I 9019l 91192 92/93 93194 94195 95196 96/91 .............. : ....................................................... ~ab 81gnalo/~utomatio ?rain Control ................. 9o,~ /x9oOJ ILA-FRC-SFelSAC Co~RIOO. .~0~ I .23~oo c . iR~']020: 'HIRR IB[IM[[" 8AK[RS i[LO/SlOCKION CONTROLIIFICAB ,[C:SIGNILSlAuIO"II ,C, 120,, I.AIM ~, C: (Bako[s f iold-Stockton, 9022 X9004 ISFB-SAC-AU8 CORRIDOR 1221 I R ]1040 / lB]TM]EM 6ENiCIA & MEAl SACRAH[NIO I I R NIRR litHE SAVINGS - INSTALL CMR I I 3000 C 3165 iHn IF 1[C: 3185 7.6 TRACK fllLiSl I Gq IRR 901SCCIIARIO lib IMPROVCHNIS I I I " )030, ~tOOq ISF6-SAC-AU9 CORRIDOR g3Ol I R IlOqO I IB[lUEEi 8[qlCli I MEAl SACRAHENIO I I R - ~iRR IIIN[ SAVINGS - INSlALL CdR I I ]500 C ~ql5 IHR IF I[CI 4~]5 9,0 TR&CK NIL[S I I 6q IRR 901SC[~inlO 116 IHPROVENNIS I I 90IL X960q ISFB-SAC-AUB CORRIDOR 1361 I R IlO~ / IeElgECq UENICIA t gCSl SACRAflFNIO J J g alnn ITl"[ SAVlqGS - INSVALL C~R I I 6000 C 1511 IRR IF 1ICi ~5~1 15.6 TRACK ~ILESl J C 64 IRR 90lSCEtlAglO lib IHPROVCflNIS I 1 9010. 19005 ISF-SRo[UR CORRIDOR "1o1' I 'n 'NIRR ICORRIOOR SIUDY--DET[RH-IN[ F[ASIBLIYI I 200 C Inq IF 1[C: 210 Or SCRVtC[I I C t ~IRR IC-PITAL I~PROVHNTS TO q[ 3[lE~qlN[~I I leO0 C ' ' 1262 IRR ' Ir lEC: 1262 I I C 6~ Ia~ 9011HPLCH[NI COARIDO~ STUOY I I I r Interclty Rail Capital Program Funding Needs by Corridor ~ ~' ~. $127. 976. 000 SF-I~urek~ ' o Sec-Bay Area Stta. oa~. ooo ... . 34.54~ LA-Santa Barber~ ~ ,. .... " . ~ - ' ~ .. · THE FRESNO BEE Friday, December 14, 1 .: I: ,th Amtrak train being discussed-?-' of the four trains through Fresno However, the plan was revealed 9:18 a.m.; 11:30 a.m.; 2:50 p.m. and ' She said Caltmns n~ds to ide~= 'y BILL DONNELLY .- would travel between Stockton and to the Fresno County Rail Commit- 9:55 p.m. ~ where the new cars and lo[om ee staff writer '- Sacramento. tee ThUl~/a~ and committee mere- Northbound trains would leave fives can be purchased and wheth, Paul made the informa- Fresno at ?:25 a.m.; 2:20 p.m.; 5:45 funding will be available fro: Amtrak andthe California Trans- Currently, trains through Fresno bar att 3nation Department are discuss- travel to Stockton and Oakland. tion available to The Bee. The p.m. and 7:55 p.m. bonds. ~g a propOsal to add a fourth Am- McKim said the proposal present- committee voted not to accept the McKim said the only rail service 'Before adding a fourth ak train to the San Joaquin Valley ly under discussion can be imple, proposed_ plan. be~een Sacramento and the Bay trans and Amtrak will ask'tiff re .~d provide rail service from Stock-mented without additional equip- Bartlett, a member of the rail area now are trains coming from. ommendations from local raft off ,n tO Sacramento for the first time,meat, but it Will. not start without a steering committee that will meet in the east enroute to Los Angeles or cials, said McKim. :...., commitment from Amtrak that it is Sacramento, Said the proposed plan trains coming from Los Angeles The plan, drafted six weeks ago, able to purchase 10 to 12 addi§onal was 'absolutely outrageous" be- headed east. 'We want to avoid 'raisin8~ rovides for the fourth train to be- railcars .and two new locomotives cause it would not allow Fresnans McKim said she was concerned public's expectations," She said... in sendce_as earl), as ApriL within the next 18 months, to Iravel'to Sacramento and return that the plan was made ~)ublic The third Amtrak train was adde Cindy McKim of Caitrans Said She said Caltrans planned to the same day without taking a char. Thmsday. "- to the )alley on Dec. 17, 1989, ! hursday the fourth~.lTain- proposal make the four-train proposal public tercel bus gzom Stockton to Sacra- "We didn't want to release it be-. cap a ),ear in which a recto very preliminary. ~ a starting at a Jan. 10 meeting of a mil.steer- mento, ca~se there really isn't enough in- 370,190 passengers rode'AmtraJ oinL '.. lng committee meeting in Sacra- Under the four-train plan, south- formation to make itt concrete pro- The total was triple the number Under the new proposal, only one mento, bound trains would leave Fresno at posal,' said McKim. passengers tiding Amtrak in 1979. 7 ¢ountie'S 'on pollubon Represents. fives o_f ~ven ~ Jo~quin Yall~y eountie voted lhumaay to Ionn ,, ~q~ra~nc'y in an ,,tt~m~ ,tern th~ smog. du~t and ~r heJflth-h~mp~ring ~ in the air. The. eighth valley count~o'K~m, abstain~l from th~ ~ot~. 'Th~r~ ~ill ~ a l°t ~' ~uestions,' .K~m C°Unt3 Supenrisor Paulin~ Larwo~ .~fid..'~ he~rd ~ lot o: 'tm~t me' I[rom other cou~ repr~nmtiv~], but ! goin~ ~o abstain until they ~how me." FR~¢'C~ETRANS DIV OF RAIL i:DiSTRiCT 6/coNsT DEC~, 1990 ?:56AM ~951. P.02 o Adds fourth ~n Joaauin route round trip, providing through train service to Sacramento, with direct bus connections to.Bay Area from Stockton.. This trip also. provides new earlier arrivals at, and later.departures from, Los Angeles. o Adds two. through rail trips between Sacramento and. San Joaguin Valley points (all present service is via feeder bus between Sacramento and Stockton). - o Adds first, local corridor round trap between Sacramento and Bay Area. o Adds through service between suisun/Fairfield, Davis, and San Joaquin Valley points.. o Uses equipment more intensely. o Responds quickly to public support for new service as manifested by.voter approval of rail bonds in June election· o Builds momentum in the Rail Program. o Establishes new local corridor market (between Sacramento and Bay Area) for inter¢ity rail. Disbenefits o Reduces direct rail service between Bay Area and San Joaquin Valley from three to two trips (although total service is increased from three to four trips, with two via bus between Bay Area and Stockton). o Increases running time between Sacramento and Valley points on the one round trip to be converted from bus connection to through train service (due to time required to switch train between railroads at Stockton).. Air Pollution Control DLsmct RANDALL L. ABBOTT VaLUAM j. ROOD','. ~CO DIRECTOR ~,,.o~..,~ Health Settees Department DAVID PRICE HI STEVE McCA,, Fy, RE]IS, DIRECTOR ASSISTANT DIRECTOR ' Planmng & Development Sen~ces Department TED JAMES. AICP, DIRECTOR January 15, 1990 TO THE BOARD OF SUPERVISORS Re: Proposed Formation Agreement for a Unified San Joaquin Valley Air Pollution Control District Dear Members of the Board of Supervisors: ~' On December 17, 1990, your Board directed the County Administrative Officer, Resource Management Agency and County Counsel to review the final version of the FOrmation Agreement for a Unified San Joaquin. Valley Air Pollution Control .District, and to .outline issues which should be addressed, and available options. Staff of the County Administrative Office, Resource Management Agency and County Counsel provide the following assessment and recommendations. Options to the Proposed Aqreement' Thereare a number of ways Kern County and other San Joaquin Valley counties can address, air quality issues on a regional basis. The following six "Regional" approaches with the exception of the Kern County AQMD option, would result .in a regional air pollution control structure with and without city representation. Since Kern County spans two air basins, special consideration as an independent AQMDwould only be possible.through state legislation. 1 Unified APCD, Health & Safety Code Section 40150, et seq. a. Consists of two or more contiguous counties. b. B~ard members from each county' meet and agree to form a Unified District with an Agreement ratified by the Board of Supervisors. c. Agreement shall specify the number of Supervisors who shall serve from each county and the weight of each vote. The Health & Safety Code does not 'provide for mayors or city council members to serve on the District Board. d. Funding in whole or part is to be provided by member counties as specified in the Agreement forming the Unified District. This includes permit fees, state subvention and federal grants. 2. Reqional APCD, Health-& Safety Code Section 40300, et seq. a. Consists of two or more counties in an Air Basin. b. The Board of Supervisors hold a public hearing to determine if the counties should become a Regional District. c. Upon adoption and submittal of a resolution to the state board, the Regional APCD shall begin to function. d. Membership in the governing board is to consist .of at least one supervisor and a maYor or city council member (city selection committee) from each county2 e. Formation of an advisory council to consist of the Chairman of the Regional District Board and members from the academic community, health agencies, agriculture, industry, community planning, transportation planning, engineers, contractors, architects, and labor. f. Funding is to be provided by counties and shall be collected as an ad valorem tax'on the taxable property within the county. This also includes permit fees, state subvention and federal grants. 3. Kern County AOMD (would require specific new legislation) ~ a. Kern County is geographically situated in two air basins. The establishment of a Kern County AQMD may be advantageous. Kern County's unique geographical location creates a situation whereby the valley portion of Kern County is a transporter of pollution to the desert portion of Kern County, and a recipient of upwind transported pollution from the San Joaquin Valley, Bay Area and Coastal regions. b. Would consist solely of Kern County (Sacramento AQMD is currently one county). c. Would be governed, as a minimum, .by the Board of Supervisors (may include city representation).. d. The AQMD may establish a coordinating council to provide for coordinated air quality planning among cities, COG or other local agencies within the District. 2 e. Funding will be provided by Kern County and may include motor vehicle registration fees. 4. Unified San Joaquin Valley Air Basin Authority (Remain an Authority under terms of the existing JPA) a. One board member from each county. b. Twenty-four member Citizen Advisory Board. c. ~oordinate all air pollution control planning and rule adoption through an Administrative officer. d. Requires ratification of rules by each county. e. Air Pollution Control District offices exist in each county. 5. Unified San Joa~uin Valley Air Basin Authority-Amended (only Kern County signed this Amendment) a. Add eight cities to governing board for a total of 16 board members. b. Require 1 year notice for withdrawal. c. 16 member Citizen Advisory Board.. 6. SuDport and seek adoDtion of Senate BilI 124, introduced by Senator McCorquodale, San, Joaquin Valley AQMD a. Consists of the eight San Joaquin Valley counties (except the desert portion of Kern) b. Thirteen Board members consisting of eight Supervisors (one from each county) and five. City Council members (from counties with greater than 200,000 population) c. Eighteen member advisory council with appointed membership as follows: , Three members from public health agencies. , Four members from private organizations active in enviromental conservation. , Two members from agriculture. -3 * One member from College/university, * Eight members (one each) from parks and recreation, mass transportation, industry, community planning, professional .engineer, general contractor, architect, organized .labor. d. Funding is to be'fee based with the ability to assess counties for funds necessary to carry out the purposes of the District. e. Specific provisions for hearings and public workshop notice. f. Limits District offices to only three and requires all permits to be approved by a single person. g. The Bill also provides for alternatives to a San Joaquin Valley Air Quality Management District in the form of a restructured Unified District, Regional District or Joint Powers Authority. San Joaquin Valley Air Quality issues must be addressed on a valley-wide regional basis. Improved air'quality within the valley cannot be achieved by disjointed individual efforts of valley districts. The Kern County Board of Supervisors has constantly recognized the regional issues of airquality control and has been a leader in the formation of the existing Unified San Joaquin Valley Air Basin Authority and instrumental in the'evolvement of the San Joaquin Valleywide Air Pollution Study. Agency. However, at this time, there appears to'be little interest on the part of other valley counties to continue with the structure of the Unified San Joaquin Valley Air Basin Authority, either as it exists or as could be amended. Likewise, other regional alternatives have also been dismissed by the other San Joaquin Valley counties. The thrust of all efforts are toward the formation of a Unified Air Pollution Control District pursuant to Section 40150 of the Health and Safety Code. The Board of Supervisors appointed Supervisors Larwood and Shell to represent Kern County on the Unified Agreement Formation Committee. The final Unified'District Agreement will include only the Valley portion of Kern County in the Unified District. The Agreement includes only county Supervisors on the Governing Board (one vote per county). The Agreement provides for. a District office in each .county with staffing possibly by. contract with 'each county. The county will be bound to all .rules adopted by 'the Unified District Governing 4 Board. There.have been many meetings as well aS many versions of draft Unified Agreements. The Kern representatives have been 'successful in obtaining many critical agreement revisions pertaining to subjects such as: 1. zone offices and staff in each county; 2. assessment and distribution of funding; 3... policy addressing air pollution transport; and 4. overall air quality program planning. However, Kern County is concerned that two significant issues remain unresolved. 1. PARTICIPATION OF CITIES WITHIN THE SAN JOAQUIN V~LLEY Current provisions of the Health and Safety Code which allow for the creation of a Unified District do not allow for participation on the governing board by cities. The proposed San joaquin Valley Unified District Agreement provides for city representation by participation on a citizen advisory board. The cities within the eight San Joaquin Valley counties account for 64.2% of the overall population. Even though members of Boards of supervisors also represent constituents within incorporated cities, city governments themselves, make critical land use decisions which can impact valleywide air quality. Therefore, it is important that there be city representation on a Unified Air District governing board. We recognize that under the current Health and Safety Code provisions, cities cannot legally be included on the Unified District governing board. However, a commitment should be made by the proposed Unified District to seek and support legislation to allow the addition of mayors and city council members to a Unified · District governing board. 2. PROCEDURES FOR CONDUCT OF PUBLIC MEETINGS ~ND RULE ADOPTION The proposed Agreement is not. specific with regard to the manner in which public meetings will be conducted, thedistribution of public notices, and locations within the San Joaquin Valley that public meetings will be held. Attached are two exhibits that Kern County has requested be attached t6 the proposed Unified Agreement. The' intent of the exhibits is to include as par~ of the Unified Agreement, a specific policy commitment for open Public 'meetings conducted at locations convenient to.the general public as well as establish a specific rule making process. To date, the inclusion of the subject exhibits has been rejected by a majority of the Formation Committee counties. The rejecting counties state that such exhibits are unnecessary and similar procedures can be adopted after the Unified District is formed. However, Kern County feels that the commitment to ~n open, accessible public meeting policy is an issue of' significant importance. We are continuing to work with other valley counties in an attempt to obtain a concensus on a procedures document. The "final version" of the Agreement to form a Unified District was considered by the Formation Committee on December 13, 1990. The Agreement was aprroved by seven counties voting AYE and one county (Kern) voting to ABSTAIN.. Supervisors Larwood and Shell voted to abstain in order to discuss remaining issues with the full .Board of Supervisors an~ to seek concurrence from the Board of Supervisors prior to futl commitment to the proposed "final version" Agreement to form a Unified District. The Kern County Board of Supervisors has consistently taken a leadership role in .dealing with complex and controversial air quality management issues. The County Administrative Officer, the County Counsel and the ReSource Management Agency Director each feel strongly that continued leadership on the part of your Board is necessary in order to achieve improved air quality within the San Joaquin Valley, while at the same time preserving full public access to the decision making process. IT iS THEREFORE RECOMMENDED, that your.Board (1) authorize the approval of the enclosed "final version"'.Agreement to'form a Unified San Joaquin Valley Air District (a public hearing will be set for signature of the final agreement' at a later date); (9) concur with the necessity to continue to seek the .adoption of exhibits providing for procedures for the conduct of public meetings and rule adoption procedure or other similar Unified Formation Committee commitment.to such procedures; and (3) adopt a Minute Order stating ~the intent of the Kern County Board of Supervisors to seek or support legislation providing for amendments to the Health and Safety Code which would allow representation by cities on the governing board of a Unified Air Pollution Control District. ~irector Resource Management Agency RLA:rrk ~ cc: Each Supervisor APCO County Administrative Office WSPA County Counsel IOPA 6 Exhibit "A" ?rocedure~ For The Conduct of Public Meetlngs It is the intent of the members of the Unified Dlstrlct that all public meetings of the Unified District Board be conducted openly and in a manner which allow~ ample opportunity for public comment and input on all matters considered by the Board.. In order to insure such public access and encourage public participation in the deliberations of the Board, the following procedures shall be adhered to by the Board a~ all public meetings: 1. All meetings shall be scheduled and conducted ,pursuant to the provisions o~ the Ralph~.M. Brown Act (Government~Code sections 54950 et seq.). 2. ' Ail public meetings shall be conducted, to the extent reasonably feasible, in a location most conveniently located to those members of the public most likely interested in attending and which has adequate access and se~ting available for the public. 3. The agenda for all Board meetings shall be posted in each of the member counties of the Unified District. 4. The agenda may include consent items which are considered to be routine and non-c~ntroversial by District staff -and may be approved by one motion of the Board. If discussion of a consent item is desired by a Board member or any member of the public, that item shall be removed from consent and considered in the listed sequence. 5. A.portion of the agenda shall be reserved for members of the public desiring to address the Board on any matter' not on the agenda and over which Che Board has jurisdl¢=lon, In addition, members of the public shall be given an opportUnity =o comment on all non-consent items at the time each item is considered by the Board. 6. Additional procedures may be adopted by the Board without the necessity of amending the Uni£ied District Agreement provided they are consistent with the above-lASted procedures. EXHIBIT 'B' UNIFIED SAN JOAQUIN VALLEY AIR POLLUTION CONTROL DISTRICT RULE ADOPTION PROCEDURE PURPOSE: The purpose of this procedure is to provide the Unified District and its member counties with a uniform approach to formulation and adoption of new and modified rules and regulations. The following procedure shall 'be strictly adhered to for the adoption of all rules and regulations of the Unified District. PROCEDURE: 1. The need for a new or modified rule or regulation is identified by any member county, Unified District, CAP, B, EPA, or any of its committees. 2. The Air Pollution Control Officer (APCO) shall review' and act upon a suggestion within six (6) weeks of receipt. If a suggestion is favorably endorsed by the APCO, the TAC shall direct its Rule Development Subcommittee (RDS) to draft, within three (3) weeks, the new or modified rule or regulation. The draft shall be circulated by the APCO for the Unified District to .each member county and interested parties for comment. 'All comments must be submitted to the APCO within three (3) weeks of receipt. Within two (2) weeks of receipt of comments, the RDS or TAC, shall modify the draft as appropriate, giving due consideration to all comments received. 3. If the suggestion is rejected by the APCO, the Al'CO shall so notify the proponent in writing. The proponent may then directly petition the Unified District Board to appeal the APCO's decision. 4. The Unified District Board shall review and act upon any such petition within six (6) weeks of receipt. The 'petitioner and APCO shall be notified of the Board's decision in writing, which shall include any reasons if the petition is denied. 5. Within two (2) weeks of preparation of the draft rule or regulation and staff report, the APCO shall schedule public workshops in appropriate locations throughout the San Joaquin Valley, which shall include workshop(s) in the southern, central and northern portions of the valley. The APCO shall be responsible for distribution ~ of the draft rule or regulation, and scheduling, noticing, and conducting of all workshops. The APCO shall also provide the Advisory Committee with the draft rule or regulation and shall advise the Advisory Committee members of the noticed workshop(s). Each workshop shall ideally be held by a three (3) person delegation, with one (1) member' coming from each of the southern, central and northern portions of the-valley. The APCO shall immediately collect, compile, and organize all comments received and shall submit them to the RDS for further review within one (1) week after the f'mal workshop. 6. The RDS shall give all comments due consideration and shall, within two (2) ~ weeks of their receipt, incorporate them as necessary into a proposed rule or regulation and staff report which shall then be submitted to the 'TAC. 7. Within six (6) weeks of receipt, the TAC shall forward the proposed rule or regulation to the APCO for presentation to the Unified District Board with a request to schedule and hold a public hearing for adoption. If so directed by the Board, the APCO shall prepare an adoption resolution, schedule and notice an adoption hearing for the proposed role or regulation. 8. The public hearing shall occur within five (5) weeks of receipt of the proposed rule or regulation and staff report at the direction of the Board. 9. Within 30 days of adoption of the new or amended rule or ~regulation by the Unified District Board, the SIP submittal shall be sent to CARB by the APCO. The SIP submittal shall contain all required items identified by the SIP completeness checklist. 1 AGREEMENT 2 This Agreement, which shall be effective upon the 3 day of , 1990 by and among the COUNTY OF FRESNO, 4 COUNTY OF KERN, COUNTY OF KINGS, COUNTY OF MADERA, COUNTY OF 5 MERCED, COUNTY OF SAN JOAQUIN, COUNTY OF STANISLAUS, and the 6 COUNTY OF TULARE, all parties being political subdivisions of 7 the State of California, hereby enter into this Agreement: 8 WITNESSETH 9 WHEREAS, there currently exists in the Counties of 10 Fresno, Kern, Kings, Madera, Merced, San Joaquin, Stanislaus, 11 and Tulare Air. Pollution Control Districts established pursuant 12 to the provisions of California Health and Safety Code section 13 40002; 14 WHEREAS, these counties are contiguous and located in 15 the same air basin; 16 WHEREAS, with the passage of the 1988 California Clean 17 Air Act, and the recognition that ozone, PM10, and other air 18 pollutants are bas~nwide air pollution problems, there is need 19 to provide more effective and regional programs and measures to 20 .deal with air pollution in the San Joaquin Valley; 21 WHEREAS, the parties have a compelling and mutual 22 interest in d~veloping and coordinating effective air pollution 23 control strategies for the entire San Joaquin Valley air basin; 2~ and 25 WHEREAS, the parties are authorized by California 26 Healthand Safety Code sections 40150 to 40161 to merge their 27 county districts into one unified air pollution control 28 district; and FRESNO - 1 - CALIFORNIA WHEREAS, the Board of Supervisors of each of the 2 Counties of Fresno, Kern, Kings, Madera, Merced, San Joaquin, 3 Stanislaus, and Tulare by a vote of the members of each have ~ appointed two (2) members of each Board to meet and agree to 5 form one district; and 6 WHERE~S, ~said members have met and so agreed, and; 7 WHEREAS, the Board of Supervisors and the Air 8 Pollution Control Districts of of the Counties of Fresno, Kern, 9 Kings, Madera, Merced, San Joaquin, Stanislaus, and Tulare 10 desire by execution of this Agreement to ratify the Agreement 11 reached by said members and form a unified air pollution 12 control district; 13 NOW, THEREFORE, the parties, for and in consideration 14 of the mutual promises and agreements herein stated and the 15 performance thereof, and for other valuable and adequate 16 consideration, do hereby mutually agree as follows: 17 1. FORMATION. Those portions of the Air Pollution ~8 Control Districts of the Counties of Fresno, Kern, Kings, 19 Madera, Merced, San Joaquin, Stanislaus, and Tulare located in 20 the San Joaquin Valley air basin are hereby merged into one 21 unified air.pollution control district pursuant to the 22 provisions of Division 26, Part 3, Chapter 3 of the Health and 23 Safety Code, (sections 40150 to 40161); 24 2. PURPOSE. The purpoSe of this Agreement is to have 25 one unified air pollution control district for the San Joaquin 26 Valley air basin to exercise all powers and carry out all 27 duties of air pollution control districts within the Valley as 28 provided by state and federal law. FRESNO CALIFORNIA -- 2 - 1 3. NAME. The District shall be known a~d designated as the San Joaquin Valley Unified Air Pollution Control 3 District ("Unified District,,) . 4 4. GOVERNING BOkRD. 5 a. Membership of Governinq Board. 6 The Governing Board of the Unified District shall 7 consist, of eight (8) members. The makeup ·of the Governing 8 Board shall be comprised of one (1) member of the Board of 9 Supervisors of each of the member Counties. Each member shall 10 be appointed by their respective Board of Supervisors and shall 11 serve at the pleasure of the appointing Board. Termination of 12 a member's status as a member of the respective Board of 13 Supervisors shall constitute automatic termination of that person's membership on the Unified District Board. The 15 appointing Board of Supervisors may appoint a new member or 16 alternate immediately upon the occurring of any such vacancy in 17 that party's representation. The Board of Supervisors of each 18 party to this Agreement shall appoint an alternate member to 19 the. Unified District Board. During the absence of a regular 20 member from any meeting of the Unified 21 District Board, that member's alternate shall be entitled to 22 participate in all respects as a regular member of the District 23 Board. 24 b. Meetinqs. 25 The Unified District BOard shall hold at least 26 one (1) regular meeting each calendar quarter. The Board shall 27 adopt uniform procedures for the conduct of public meetings of 28 the Unified District Board within sixty(60) days after the OF'FRESNO CALIFORN~ , -- 3 - 1 formation of the Unfied District. All meetings shall be 2 scheduled and conducted pursuant to the provisions of the Ralph ~ M. Brown Act (Gov. Code §§ 54950 et. seq.). A minimum of six a (6) members shall constitute a quorum for the transaction of 5 business, and the affirmative vote of at least six (6) members 6 shall be required for the approval of any action taken.by the 7 Unified District Board. The secretary of the Unified District 8 shall keep minutes of all meetings Of the Unified District 9 Board and shall forward a draft of the minutes to each member 10 of'the Unified District Board. An approved copy of the minutes 11 shall be sent to the California Air Resources Board. 12 c. Voting. 13 Each member of the governing Board shall have one lA (1) vote. 15 d. Zones. 16 The Unified District Board shall establish zones 17 as provided in paragraph 11. 18 e.- Officers. 19 The Unified DistriCt Board shall select a 20 chairman, vice chairman and any other necessary officers as 21 determined by the Board.' The treasurer of the Unified District 22 shall be the treasurer for the County of Fresno. The chairman 23 shall preside at all Unified District Board meetings and shall 2a appoint the membership to any committees as needed. The. 25 vice-chairman shall act in the' place of the chairman at 26 meetings should the chairman be absent.~ All officers shall 27 serve for a term of one year and shall_assume their offices at 28 the first meeting of each calendar year. Officers or persons JN~OFFRESNO --4-- 1 who have charge of, or who handle or have .access to, any 2 property of the Unified District shall file an official bond in 3 the amount fixed by law. ~ 5. POWERS &~RESPONSIBILITIES OF THE UNIFIED DISTRICT. 5 The Unified District shall have all powers and perform 6 all duties applicable to air pollution control districts 7 allowed by state and federal law, including, but not limited 8 to, the following: 9 a. Develop and adopt uniform basinwide rules and 10 regulations to achieve and maintain state and federal ambient 11 air quality standards within the Unified District. Said rules 12 shall be binding on all parties to this Agreement and shall be 13 developed and adopted in accordance with procedures promulgated ¢ lA by the Unified District Board. 15 b. Adopt measures to control all sources of air 16 pollution as allowed by 'law. This shall include the 17 development and adoption of all air quality plans required by '18 state and federal law for the San joaquin'Valley..~ 19 c. Enforce all applicable provisions of state and 20 federal laws dealing with air pollution within the Unified 21 District's. boundaries. This shall include uniform enforcement 22 procedures and uniform fines and settlement fees.. 23 d. ,Develop regional attainment plans, common 2~ planning criteria, and uniform Permitting and enforcement 25 procedures. This shall include responsibility for oversight 26 and supervision over of all permit systems for Authorities to 27. Construct and Permits to Operate within the Unified District. 28 ~e. Employ agents consultants, advisors independent FRESNO CALIFORNIA -- 5 -- 1 contractors, and employees, including but not limited to an Air 2 Pollution Control Officer as the chief administrator of the Unified District, and contract for professional services. The 4 Air Pollution Control Officer and other persons engaged shall 5 receive compensation.as may be determined and approved by the. 6 Unified District. 7 f. Make and enter into contracts. 8 g. Acquire, hold, and convey real and personal 9 property. 10 h. Incur debts, obligations, and liabilities. 11 i. Accept contributions, grants, or loans from any 12 state, public or private agency or individual, or the United 13 States or any department, instrumentality, or agency thereof, 14 for the purpose of financing its activities. 15 j. Invest money that is not needed for immediate 16 necessities, as the Unified District Board determines 17 advisable, in the same manner and upon the same c~nditions as 18 other~local entities in accordance with Section 53601 of the 19 Government Code. 20 21 k. Reimburse Unified District Board members the 22 actual amounts of their reasonable'and necessary expenses 23 incurred in attending meetings of the Unified District, or any 24 committee of the Unified District~ and in performing the duties 25 of their offices, as allowed by law. 26 1. Sue and be sued. 27 m. Do all other acts reasonable and necessary to' 28 carry out the purpose of this Agreement, inclUding public FRESNO CALIFORNI& -- 6- 1 education on air quality issues. n. ' Monitor, review and participate in all 3 environmental processes for projects proposed in the San ~ Joaquin Valley air basin and provide appropriate comments and 5 take necessary actions as allowed by law. 6 o. Adopt regulations to reduce or mitigate emissions 7 from indirect and area-wide sources of air pollution. 8 p. Adopt and implement regulations to encourage or 9 require the use of ride-sharing, van pooling, flexible work 10 hours, or other measures to reduce the number or length of 11 motor vehicle trips within the San Joaquin Valley as provided 12 by law. 13 q. Adopt a schedule of uniform fees as provided by lA law. 15 r. Adopt rules and regulation and do such acts as 16 may be necessary Or proper to execute the powers and duties 17 granted to, and imposed upon, districts as provided by law. 18 6. AIR POLLUTION CONTROL OFFICER (APCO). 19 An Air Pollution Control Officer (APCO) shall be 20 selected by, and serve at the pleasure of and upon the terms 21 prescribed by the Unified District Board, and shall perform 22 such duties as the District shall require in carrying out the 23 policies.and directives of the Unified District Board. The 2a APCO shall be an employee and officer of the Unified District 25 and not an independent contractor. The Air Pollution Control 26 Officer shall have all powers and duties.specified by law, 27 including but not limited to the following: 28 a. Oversight and supervision of permit systems for FRESNO 1 issuance and renewal of all Authorities to Construct and 2 -Permits to ~Operate proposed to be issued within the Unified 3 District. ~ b. Enforcement of all Unified District rules within 5 the San Joaquin Valley Air Basin including collection of fines 6 and approval of mutual settlements. 7 c. Observe and enforce all provisions of state and 8 federal law concerning air pollution and all orders, 9 regulations, and rules prescribed by the Unified DiStrict Board. 10 The APCO may, with the approval of the Governing 11 Board,. and subject to the terms and conditions of any contracts '12 or MOU's between the Unified District and any party hereto to 13 provide services to the Unified District, delegate his duties lA in connection with permitting, enforcement, and monitoring. 15 7. EMPLOYEES. 16 All county officers and employees of the parties to 17 this Agreement shall be e__x officio officers and employees of 18 the Unified District within the county in which they are 19 employed. The Unified District may enter into contracts or 20 MOU's with any party hereto to provide Services necessary to 21 carry out the purposes of this Agreement. 22 8. FINANCING. 23 a. It is the intent of the parties that the Unified 2~ District be self supporting and funded through permit fees, 25 penalties, and the like. All air pollution permit fees, fines, 26 penalties, settlements, subventions, and other income received 27 by each zone shall be retained by each zone for conducting air 28 pollution control district activities. Each zone shall provide FRESNO CALIFORNIA ~ -- 8 -- 1 a yearly accounting to the unified District Board indicating 2 how monies were expended, provided, however, that any ~increases 3 in grant monies or subventions because of the increase in 4 population due to formation of this Unified District shall be 5 allocated to the zones by the Governing Board. All vehicle 6 license fees, if any, received by the unified District for air 7 pollution activities shall be apportioned to the zone in which 8 the vehicle is registered. 9 Further, each member to this Agreement shall be 10 assessed and Shall pay to the District an annual per capita 11 charge, .in an amoUnt agreed by the District Board, for all 12 persons residing in their respective zone. The population 13 figures used to calculate said charge shall be the same as 14 those used by the State Air Resources Board for its subvention 15 program, provided however, that said subvention figures'shall 16 be adapted to reflect only those persons in each zone included 17 in the San joaqUin Valley portion. 18 In addition to the annual per capita charge above, 19 each party to this Agreement may be assessed an additional '20 charge for the operation of the Unified District should permit. 21 fees, fines, settlements or grants be inadequate, in the 22 discretion of the Unified District Board. ~3 b. The Board of Supervisors of each county that is a 24 party to this Agreement shall be assessed by the Unified 25 District and appropriate such funds as are necessary to carry 26 out the purposes of the Unified District,~.as determined by the 27 Unified District Board. All appropriations made are legal~ 28 charges against each county. 3UN~OFFRESNO --9-- 1 c. Ail expenditures of District, from whatever 2 source received, shall be approved by the governing board, 3 d Each county shalI pay the above stated charge on or before and on or before every year thereafter. The maximum reserves which may be accumulated 6 by the District shall not exceed . 7 e. Funds may also be derived andsupplied by each 8 county through state subvention funds, federal grants, or other 9 available sources. The Unified District may also appl~y for .10 available state or federal funds and may ~ake new and 11 additional applications from time .to time as appropriate. The 12 Unified District may also establish & collect various fees.for 13 serVices~provided by it. 14 9. TECHNICAL ADVISORy COMMITTEE (TAC). 15 a. Membership and Duties.~ The TAC members consist 16 of one appointee from each zone of the Unified District, or his 17 designated representative. 18 b. Officers and Duties. 19 (1) Chairman: The Chairman shall be the APCO of 20 the Unified District and shall preside 'at all TAC 21 meetings and appoint members to subcommittees as 22 needed. 23 (2) Recorder: The Recorder shall be elected 24 annually and shall act in the place of the Chairman at 25 meetings, and should the Chairman be absent, he shall 26 also keep a record of the proceedings. The Recorder 27 shall serve a one year term. 28 c. Term in Office. All TAC members shall serve at FRESNO -- 10-- CALIF~NIA 1 the pleasure of their respective zones. 2 d. Meetings. Regular meetings shall be held 3 bimonthly. Special ~meetings shall be held as necessary to a fulfill the directives of the Unified District Board. 5 e. Expenses. All expenses incurred by the TAC or 6 any other committee members may be presented to the Unified 7 District for approval and payment. 8 10. BOUNDARIES. 9 With the~exception of Kern County, the boundaries of 10 the Unified District shall be the same as the geographical 11 boundaries of the counties entering into this Agreement. 'Only 12 that portion of Kern'County located within the San Joaquin 13 Valley air basin shall be included in the Unified District. lA ll. ZONES. The Unified District Board shall 15 designate each county as a ~one within the Unified 'District. 16 Rules or regulations applicable to any zone within the Unified 17 District shall not, however, be less ~stringent than rules 18 applicable to the remaining areas in the Unified District. 19 The Unified~District shall, in its planning 20 activities, make provisions that zones responsible for or 21 affected by air pollutant transport shall provide for 22 attainment and maintenance.of the state and federal standards 23 in both the upwind and downwind zone. Said plans shall provide 24 that those portions of the plan drafted for each upwind zone 25 shall contain, at a minimum, all mitigation requirements 26 established by the state Air Resources Board pursuant to law. 27 Each downwind zone's portion of the plan shall contain 28 sufficient measures to reduce emissions originating in that FRESNO CALIF~NIA -- ~ ~ -- 1 zone below, the level at which violations of federal or state 2 ambient air quality standards would occur in the absence of the 3 transport contribution Any planning .provisions affecting the zones in regard to transport of pollutants shall be at least as 5 stringent as those required by existing law on the date of 6 execution of this agreement. Nothing in this provision, 7 however, shall limit the ability of the parties, to adopt 8 provisions affecting transport between zones that are more 9 stringent than provided by existing 'law. 10 Each party to this agreement shall provide a minimum 11 of one office for the conduct of district business in their· 12 respective zone. · 13 12. HEARING BOARD. 14 The hearing boards currently in existence shall 15 constitute the hearing boards for each zone in the Unified~ 16 District. Future appointments shall be recommended by the 17 Governing Board member for their zone and shall be ratified by 18 the Governing Board. 19 13. ADVISORY COMMITTFR. 20 a. Members_~_~hi. There shall be twentY-four (24) 21 Advisory Committee members who shall be appointed as follows: 22 23 (1) A city selection committee representing the 24 incorporated cities within each zone shall slect one (1) member 25 from within their zone. 26 (2) The Board of Supervisors from each county 27 which is a party to this Agreement shall select two (2) 28 members, with one such member representing industry or FRESNO CALIFORNIA -- 12 - 1 agriculture and the other representing environmental interest groups. 4 b. Term and ~Dutie~. The intitial member selected by 5 each city selection committee shall serve for a term of one (1) 6 year~ The initial two (2) members selected by each county 7 shall serve for terms of two (2) and three (3) years 8 respectively. Ail subsequent appointments shall be for a term 9 of three (3) years. The Advisory Committee shall meet no less. 10 than semi-annUally for the purpose of receiving public comments 11 relating to the actions and decisions of the Unified District '12 and to assist the District in effecting the purposes of this' 13 Agreement. All Advisory Committee members shall be notified of 14 all rule workshops within their respective zones. 15 14. MODIFICATION OR TERMINATION. 16 a. Modification. This Agreement, except as to the 17 question of the membership of the counties constituting the . 18 Unified District hereby created, may be modified on the 19 recommendation of the Unified District Board and concurred in 20 by the Boards of Supervisors of each~county within the Unified 21 District hereby created. 22 b. Termination. This Agreement may be terminated at 23 any time upon the recommendation Of the majority of Unified 24 District Board and concurred in' by the majority of the Boards 25 of Supervisors of each county within the Unified District 26 hereby created. 27 c. Disposition of Property. If this Agreement is 28 terminated, all real and personal property owned by the.Unified FRESNO CALIFORNIA -- ~ 3 -- ~ 1 District shall be distributed to the federal, state, or local 2 funding agency or party to this Agreement that supplied the 3 property or whose funding provided for the acquisition of said 4 property. Should the'origin of any real or personal property 5 be undeterminable, that property shall be disbursed to the 6 parties to the Agreement in the same proportion as 7 contributions were made by the parties in support of the 8 Unified District. This Agreement shall not terminate until all 9 property has been'distributed in accordance with this provision. 10 d. Return of SurDlus Fund~. Upon termination of the 11 Unified District, any surplus money on hand shall be returned 12 to the federal, state, or local agency or the party to this t3 Agreement that provided the funds. 14 15. PENDING RULES. 15 Pending the adoption of rules and regulations by the 16 the Unified District Board hereby created, the rUles and 17 regulations of the parties' air pollution control districts 18 shall continue in full force and effect as the rules and 19 regulations of the Unified District hereby created as to the '20 area of said District. Said local.rules shall be superseded by 21 rules adopted by the Unified District. 22 16. SUCCESSORS. 23 This Agreement shall be binding upon and .shall inure 24 to the benefit of the successors of the parties. 25 17. SEVERABILITY'. 26 Should anY part, term, portion, or provision of this 27 Agreement be finally~decided to be in conflict.with any law of 28 the. United States or the State of California, or otherwise be FRESNO CALIFORNIA -- 14 -- 1 unenforceable or ineffectual, the validity of the remaining 2 parts, ·terms, portions, or provisions shall be deemed severable 3 and shall not be effected thereby, provided such remaining ~ portions or provisions can be construed in substance to 5 constitute the Agreement which the parties intended to enter in 6 the first instance. 7 18. INDEMNIFICATION. 8 The Unified District shall indemnify, defend, and save 9 harmless parties to this Agreement, their officers, agents, and 10 employees, from and against any and all claims 'and losses 11 whatsoever occurring or resulting to persons, firms, or 12 corporations furnishing or supplying work, services, materials, 13 or supplies to the Unified District in connection with the lA performance of this Agreement, and, except as expressly- 15 provided by law, from any and all claims and losses accruing or 16 resulting to any person, firm, or corporation, for damage, · 17 injury, or death arising out of or connected with the ·Unified 18 District's performance of its obligations by law or under this 19 Agreement. 20 19. INSURANCE. 21 Each party to this Agreement shall proVide the same 22 insurance coverages to employees engaged in air pollution 23 activities in their respective zones as it provides for its 2a county employees. PriOr to employing personnel, and before 25 acquiring or utilizing equipment or property, the Unified 26 District shall obtain, at its sole Cost and expense, adequate 27 insurance consisting of at least the following insurance 28 policies which shall be kept in full force during the entire FRESNO ,c~D~,l --15-- 1 period of the existence of the Unified District. 2 a. Comprehensive general liability insurance on an 3 occurrence policy form in an amount of not less than one '~ million dollars ($1,000,000). 5 b. Automobile'liability insurance for owned and 6 non-owned vehicles in an amount of not less than one million 7 dollars ($1,000,000). 8 c. Workers' Compensation insurance in accordance 9 with the California Labor Code. 10 Said insurance coverages shall provide coverage for 11 all officers, employees, and agents of the Unified District and 12 shall be in accordance with Government Code sections 13 989-991.2. In'addition, the parties hereto shall be named as la additional insureds and said insurance shall be primary. 15 Premiums shall be paid from Unified District Funds. Said 16 coverage shall provide for thirty (30) day notices prior to the 17 effective date of cancellation, and the Unified District shall 18 notify all parties promptly upon receipt of any such notice. 19 Further, the Unified District shall, except when -20 contracting with a governmental entity, require these policies 21- in all its contracts for work or services and shall specify 22 that the Unified District and the respectives parties be named 23 as additional insureds. 2a 20. EXECUTION IN COUNTERPARTS. 25 This Agreement may be executed in counterparts, each 26 of 'which shall b~. deemed an original, all of'which together 27 shall constitute one and the same instrument. 28 IN WITNESS .WHEREOF, the parties to this Agreement have FR~N© ~LIFORN~ -- 16- 1 caused their names to be affixed hereto by the proper officers '2 thereof. This Agreement shall be effective as of the date and 3 year first written above. 4 ATTEST: FRESNO COUNTY BOARD OF SUPERVISORS Clerk to the Board 5 6 By By 7 Chairperson APPROVED AS TO LEGAL~FORM 8 MAX E. ROBINSON Fresno County Counsel. 9 10 By. "Fresno" Philip M. Jay, 11 Chief Deputy 12 ATTEST: KERN COUNTY BOARD OF SUPERVISORS 13 Cl~rk to the Board By By 15 Chairperson 16. APPROVED AS TO LEGAL FORM BARNARD C. BARMANN 17 Kern County Counsel 18 By~ "Kern" 19 20 ATTEST: KINGS CouNTy BOARD OF SUPERVISORS Clerk to the Board 21 22 By By 23 Chairperson APPROVED AS TO LEGAL FORM 24 DENIS A. EYMIL Kings County Counsel 25 26 By "Kings" 27 -17- 28 FRESNO CALIFORNIA 1 ATTEST: MADERA COUNTY BOARD OF SUPERVISORS Clerk to the Board 3 By By 4 Chairperson APPROVED AS TO LEGAL FORM . 5 JEFFREY 'L. KUHN Madera County Counsel 6 7 By, "Madera" 8 ATTEST: MERCED COUNTY BOARD OF SUPERVISORS 9 Clerk to the Board By By, 11 Chairperson 12 APPROVED AS TO LEGAL FORM DENNIS .L. MYERS 13 Merced County COunsel By. "Merced" 15 16 ATTEST: SAN JOAQUIN COUNTY' BOARD OF Clerk to the Board SUPERVISORS 17 18 By By,, Chairperson 19 APPROVED AS TO LEGAL FORM. 20 JOHN CHEADLE San Joaquin County Counsel 21 22 By. "San Joaquin" 24 25 26 27 -18- 28 FRESNO CALIFORNIA 1 ATTEST: STANISLAUS COUNTY BOARD OF Clerk to the Board SUPERVISORS 2 3 By · ~ By Chairperson · APPROVED AS TO LEGAL FORM 5 MICHAEL H. KRAUSNICK Stanislaus County Counsel 6 7 By "Stanislaus" 8 ATTEST: TULARE COUNTY BOARD OF SUPERVISORS 9 Clerk to the Board 10 By By 11 Chairperson 12 APPROVED AS TO LEGAL FORM LITA O'NEILL BLATNER 13 Tulare County COunsel By. "Tul are" 16 17 19 8852y 20 21 22 24 25 26 27 -19- 28 FRESNO CAIIF~I"IRNI&