EXECUTIVE COMMITTEE AGENDA

Transcription

1 EXECUTIVE COMMITTEE AGENDA MONDAY, FEBRUARY 26, :30 p.m. CVAG Offices Fred Waring Drive, Suite 119 Palm Desert, CA (760) THIS MEETING IS HANDICAPPED ACCESSIBLE. ACTION MAY RESULT ON ANY ITEMS ON THIS AGENDA. 1. CALL TO ORDER (Chair Marion Ashley, Supervisor, County of Riverside) 2. ROLL CALL A. Member Roster P5 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS This is the time and place for any person wishing to address the Executive Committee on items not appearing on the agenda to do so. 5. EXECUTIVE COMMITTEE / DIRECTOR COMMENTS

2 6. CONSENT CALENDAR A. Approve December 4, 2017 Executive Committee Minutes P6 B. Approve the Existing Investment Policy of CVAG P14 C. Authorize Chair to Sign Memorandum of Understanding Between CVAG and P19 City of La Quinta for CV Housing First in Amount of $103,000 D. Authorize Chair to Sign Amendment #1 a No-Cost Extension for HARC P43 Evaluation of CV Housing First E. Authorize the Executive Director Take Any Necessary Actions to Accept the P46 Transformative Climate Communities Planning Grant Award and Enter into the Related Funding Agreements F. Authorize Submittal of Grant to South Coast Air Quality Management District P48 Under the Voluntary Incentive Program for the CVAG Regional Street Sweeping Program G. Approve 2017/2018 Used Oil Recycling Program Budget P50 H. Approve Contract Extension with Michael Baker International for one-year to P54 December 31, 2018 I. Accept the $5.208 Million Award from the State s Active Transportation Program P56 J. Accept Annual and Five-year Report in Fulfillment of Reporting Requirements of P57 the Mitigation Fee Act K. Approve Reimbursement Agreement with City of La Quinta for Intersection P59 Improvements at Washington Street and Fred Waring Drive for Amount Not-to- Exceed $1,395,555 L. Authorize Executive Director to Sign Letters of Opposition to Legislation that P75 Would Shift CVAG s Pension Liabilities onto Member Agencies M. Authorize Chairman to Sign Letter of Support for SCR 90 and Naming the P76 60/91/215 Interchange After California Transportation Commissioner Joe Tavaglione 6.1 ITEM(S) HELD OVER FROM CONSENT CALENDAR 6.2 CLOSED SESSION The Board finds, based on advice from the General Counsel, that discussion in open session of the following described matter will prejudice the position of the Association in existing litigation: PENDING LITIGATION: Gov t Code section (d)(1) Ferguson v. Coachella Valley Association of Governments, et al., Riverside County Superior Court Case No. PSC

3 7. DISCUSSION / ACTION A. Draft Audited Financial Report, Draft Single Audit, Draft Statement on Auditing P78 Standards (SAS) 114 Letter, and Draft Management Letter for Fiscal Year 2016/17 Gary Leong Recommendation: Receive and File the Reports for Fiscal Year 2016/17. B. Updates to the CVAG Joint Powers Agreement Erica Felci P79 Recommendation: Approve the Third Amendment and Restatement of the CVAG Joint Powers Agreement, which establishes the Agua Caliente Band of Cahuilla Indians and the Cabazon Band of Mission Indians as formal members, and direct the Executive Director to distribute to member jurisdictions for approval. C. Autonomous Shuttle Demonstration on CV Link in April 2018 Eric Cowle P125 Recommendation: Approve a not-to-exceed amount of up to $25,000, including contingencies, toward the cost of an Autonomous Shuttle demonstration on CV Link and authorize the Executive Director to enter into the necessary agreements. D. Regional Traffic Signal Synchronization Project Master Plan and Participating P130 Agreement Eric Cowle Recommendation: Recommend approval the Traffic Signal Interconnect Master Plan, and approval of the corresponding Participating Agreement. E. Allocation of Congestion Management and Air Quality Improvement Program P151 Funding Eric Cowle Recommendation: Authorize the Executive Director to take the necessary steps to allocate $27 million for the regional signal synchronization program and $3 million for complementary Sunline quick bus and rideshare programs. 8. INFORMATION a) Status of I-10 Interchange Projects P160 b) CVAG Regional Arterial Program - Project Status Report P161 c) CVAG Regional Bike/Pedestrian Safety Program Update P162 d) CVAG Regional Arterial Program - Contract Status Report P163 e) Executive Committee/Technical Advisory Committee Attendance Roster P165 f) Audit Report from South Coast Air Quality Management District P166

4 g) ATP Cycle 4 P186 h) Homelessness Update P187 i) Recap on Energy, Water and Green Living Summit P189 j) Update on Property Assessed Clean Energy (PACE) Programs P190 k) CVAG Investment Report P ANNOUNCEMENTS Upcoming Meetings at Fred Waring Drive, Suite 119, Palm Desert: Technical Advisory Committee Monday, April 9, 2018 at 11:00 a.m. Executive Committee Monday, April 30, 2018 at 4:30 p.m. 10. ADJOURNMENT

5 ITEM 2A City of Blythe Jurisdiction Members Non-Voting Members City of Cathedral City City of Coachella City of Desert Hot Springs City of Indian Wells City of Indio City of La Quinta City of Palm Desert City of Palm Springs City of Rancho Mirage County of Riverside Agua Caliente Band of Cahuilla Indians Cabazon Band of Mission Indians Joseph De Coninck Mayor Stan Henry Mayor Steven Hernandez Mayor Scott Matas Mayor Kimberly Muzik Mayor Michael Wilson, Vice Chair Mayor Linda Evans Mayor Sabby Jonathan Mayor Robert Moon Mayor G. Dana Hobart Councilmember Kevin Jeffries, 1st District Supervisor John Tavaglione, 2 nd District Supervisor Chuck Washington, 3 rd Dist. Supervisor V. Manuel Perez, 4 th District Supervisor Marion Ashley, 5 th District Supervisor Chair Jeff Grubbe Tribal Chair Douglas Welmas Tribal Chair Mallory Crecelius Interim City Manager Charlie McClendon City Manager Bill Pattison City Manager Chuck Maynard City Manager Wade McKinney City Manager Mark Scott,, TAC Vice Chair City Manager Frank Spevacek City Manager Lauri Aylaian City Manager David Ready City Manager Randy Bynder City Manager George Johnson, TAC Chair CEO Tom Davis Chief Planning & Development Officer Paul Slama Tribal Field Representative

6 ITEM 6A The audio file for this committee meeting can be found at: 1. CALL TO ORDER The December 4, 2017 Executive Committee meeting was called to order at 4:00 p.m. by Chair Marion Ashley, County of Riverside, at the CVAG Conference room, Suite 119, in Palm Desert. 2. ROLL CALL A roll call was taken, and it was determined that a quorum was present. Those in attendance were as follows: MEMBERS PRESENT Mayor Joseph DeConinck Mayor Stan Henry Mayor Scott Matas Mayor Richard Balacco Mayor Elaine Holmes Mayor Linda Evans Mayor Jan Harnik Mayor Robert Moon Councilmember Dana Hobart Supervisor V. Manuel Perez Supervisor Marion Ashley Tribal Chair Jeff Grubbe MEMBERS NOT PRESENT Mayor Steven Hernandez Supervisor Kevin Jeffries Supervisor John Tavaglione Supervisor Chuck Washington Tribal Chair Douglas Welmas NON-VOTING MEMBERS PRESENT Charlie McClendon Bill Pattison Chuck Maynard Mark Scott Frank Spevacek Lauri Aylaian AGENCY City of Blythe City of Cathedral City City of Desert Hot Springs City of Indian Wells City of Indio City of La Quinta City of Palm Desert City of Palm Springs City of Rancho Mirage County of Riverside 4 th District County of Riverside 5 th District Agua Caliente Band of Cahuilla Indians AGENCY City of Coachella County of Riverside 1 st District County of Riverside 2 nd District County of Riverside 3 rd District Cabazon Band of Mission Indians AGENCY City of Cathedral City City of Coachella City of Desert Hot Springs City of Indio City of La Quinta City of Palm Desert EXECUTIVE COMMITTEE MINUTES OF DECEMBER 4, 2017 PAGE 1

7 David Ready Randy Bynder Tom Davis OTHERS PRESENT Pat Cooper Donna Craig Michael Jenkins David Salgado Robert Manning Joyce Manning JD Douglas Sheldon Peterson Councilmember Ted Mertens Councilmember Ty Peabody Councilmember Dana Reed Anne Mayer Mayor Pro Tem Sabby Jonathan Councilmember Shelley Kaplan City of Palm Springs City of Rancho Mirage Agua Caliente Band of Cahuilla Indians AGENCY County of Riverside Desert Healthcare District Jenkins & Hogin, LLP Southern California Association of Governments (SCAG) Southwest Rail Southwest Rail HDR RCTC City of Indian Wells City of Indian Wells City of Indian Wells RCTC City of Palm Desert City of Cathedral City STAFF PRESENT Tom Kirk Gary Leong Martin Magaña Katie Barrows LeGrand Velez Eric Cowle Cheryll Dahlin Ben Druyon Erica Felci Lance Albrecht 3. PLEDGE OF ALLEGIANCE Supervisor Perez led the Executive Committee in the Pledge of Allegiance. 4. PUBLIC COMMENTS Robert Manning, Southwest Rail, invited all to save the date for the annual rail summit April 18-19, Councilmember Ty Peabody spoke to the committee about Coachella Valley Rescue Mission and their need for funding. Mayor Pro Tem Sabby Jonathan, Chair of CVAG Homelessness Committee gave a CV Housing First and regional approach to homelessness update. 5. EXECUTIVE COMMITTEE / DIRECTOR COMMENTS EXECUTIVE COMMITTEE MINUTES OF DECEMBER 4, 2017 PAGE 2

8 Tom Kirk announced a meeting with Assemblyman Eduardo Garcia hosting Assembly Speaker Rendon for housing bond and cap and trade discussions. Mr. Kirk gave an update on the CV Link project. 6. CONSENT CALENDAR IT WAS MOVED BY MAYOR EVANS AND SECONDED BY MAYOR MATAS TO: A. APPROVE SEPTEMBER 25, 2017 EXECUTIVE COMMITTEE MINUTES B. AUTHORIZE EXECUTIVE DIRECTOR TO SIGN CATHEDRAL CITY COMMUNITY DEVELOPMENT BLOCK GRANT IN AMOUNT OF $51,500 FOR THE CVAG REGIONAL HOMELESS PROGRAM C. APPROVE AGREEMENT WITH SPRUCE PACE, LLC TO IMPLEMENT REGIONAL PROGRAM IN THE COACHELLA VALLEY WITH CVAG OVERSIGHT D. DIRECT STAFF TO SEND A LETTER EXPRESSING CONCERNS ABOUT THE POTENTIAL IMPACTS OF INCREASING THE VEHICLE ENTRY FEES AT JOSHUA TREE NATIONAL PARK E. ADOPT NEW CALTRANS PROCUREMENT REQUIREMENTS FOR ARCHITECTURAL AND ENGINEERING (A&E) CONSULTANT CONTRACTS F. AUTHORIZE EXECUTIVE DIRECTOR TO EXECUTE AMENDMENT #4 FOR A CONTRACT EXTENSION WITH ALTA PLANNING & DESIGN FOR CV LINK TO JUNE 30, 2018 G. AUTHORIZE CHAIRMAN TO SIGN CONTRACT WITH HEALTH ASSESSMENT AND RESEARCH FOR COMMUNITIES (HARC) TO CONDUCT THIRD PARTY EVALUATION IN THE AMOUNT OF $11,400 FOR EVALUATION OF CV HOUSING FIRST H. APPROVE ADDITION OF AN EX-OFFICIO REPRESENTATIVE FROM RIVERSIDE COUNTY 5 TH DISTRICT ON THE ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE THE MOTION CARRIED ON ITEMS 6A, B, C, D, E, G, AND H WITH 12 AYES AND 5 MEMBERS ABSENT. THE MOTION CARRIED ON ITEM 6F WITH 11 AYES, 1 ABSTAINTION, AND 5 MEMBERS ABSENT. MAYOR DECONINCK MAYOR HENRY MAYOR HERNANDEZ MAYOR MATAS MAYOR BALACCO MAYOR HOLMES MAYOR EVANS MAYOR HARNIK MAYOR MOON AYE AYE ABSENT AYE AYE AYE AYE AYE AYE EXECUTIVE COMMITTEE MINUTES OF DECEMBER 4, 2017 PAGE 3

9 COUNCILMEMBER HOBART AYE (ABSTAINED ON ITEM 6F) SUPERVISOR JEFFRIES ABSENT SUPERVISOR TAVAGLIONE ABSENT SUPERVISOR WASHINGTON ABSENT SUPERVISOR PEREZ AYE SUPERVISOR ASHLEY AYE TRIBAL CHAIR GRUBBE AYE TRIBAL CHAIR WELMAS ABSENT 6.1 ITEM(S) HELD OVER FROM CONSENT CALENDAR-NONE 6.2 CLOSED SESSION MOVED TO END OF THE MEETING 7. DISCUSSION / ACTION A. Coachella Valley-San Gorgonio Pass Rail Corridor Service Update Riverside County Transportation Commission Councilmember Dana Reed, Indian Wells, Vice Chair of the Riverside County Transportation Commission, introduced Anne Mayer, Executive Director of Riverside County Transportation Commission. Anne Mayer gave a PowerPoint presentation on the Coachella Valley-San Gorgonio Pass Rail Corridor Service. B. Community Choice Aggregation: Agreement between CVAG and Desert Community Energy for Implementation and Management Services Katie Barrows Katie Barrows presented the staff report. A brief discussion ensued. IT WAS MOVED BY MAYOR HENRY AND SECONDED BY MAYOR MOON TO AUTHORIZE: 1) THE CHAIR TO EXECUTE AN AGREEMENT WITH DESERT COMMUNITY ENERGY FOR CVAG TO PROVIDE IMPLEMENTATION AND MANAGEMENT SERVICES FOR A COMMUNITY CHOICE AGGREGATION PROGRAM FOR THE COACHELLA VALLEY REGION; 2) THE EXECUTIVE DIRECTOR TO ENTER INTO A COST SHARING AGREEMENT WITH WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS AND LOS ANGELES COMMUNITY CHOICE ENERGY FOR LEGAL SERVICES RELATED TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION PROCEEDING R , REVIEW OF THE POWER CHARGE INDIFFERENCE ADJUSTMENT, FOR NOT TO EXCEED $20,000 AS CVAG S SHARE; 3) THE EXECUTIVE DIRECTOR TO ENTER INTO A COST SHARING AGREEMENT WITH LOS ANGELES COMMUNITY CHOICE ENERGY AND WESTERN RIVERSIDE COUNCIL OF GOVERNMENTS FOR CONSULTING SERVICES RELATED TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION PROCEEDING R REVIEW OF THE POWER EXECUTIVE COMMITTEE MINUTES OF DECEMBER 4, 2017 PAGE 4

10 CHARGE INDIFFERENCE ADJUSTMENT, FOR NOT TO EXCEED $20,000 AS CVAG S SHARE. THE MOTION CARRIED WITH 8 AYES, 4 ABSTAINTIONS AND 5 MEMBERS ABSENT. MAYOR DECONINCK MAYOR HENRY MAYOR HERNANDEZ MAYOR MATAS MAYOR BALACCO MAYOR HOLMES MAYOR EVANS MAYOR HARNIK MAYOR MOON COUNCILMEMBER HOBART SUPERVISOR JEFFRIES SUPERVISOR TAVAGLIONE SUPERVISOR WASHINGTON SUPERVISOR PEREZ SUPERVISOR ASHLEY TRIBAL CHAIR GRUBBE TRIBAL CHAIR WELMAS AYE AYE ABSENT ABSTAIN ABSTAIN ABSTAIN AYE AYE AYE ABSTAIN ABSENT ABSENT ABSENT AYE AYE AYE ABSENT C. Cap and Trade Advocacy Efforts Erica Felci Erica Felci presented the staff report. A brief discussion ensued. IT WAS MOVED BY SUPERVISOR PEREZ AND SECONDED BY MAYOR HENRY TO CREATE A CAP AND TRADE AD HOC COMMITTEE REPRESENTATIVE OF COMMUNITIES IN THE COACHELLA VALLEY WITH OPPORTUNITIES TO COMPETE FOR FUTURE FUNDING CYCLES ASSOCIATED WITH DISADVANTAGED COMMUNITIES AND 1) APPOINT THE FOLLOWING MEMBERS: SUPERVISOR V. MANUEL PEREZ; INDIO MAYOR PRO TEM MICHAEL WILSON; CATHEDRAL CITY MAYOR PRO TEM GREG PETTIS; AND TO-BE-NAMED OFFICIALS FROM THE CITY OF COACHELLA AND THE CITY OF DESERT HOT SPRINGS AND THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND 2) SEEK ADDITIONAL STAFF SUPPORT FROM THE CITY OF PALM SPRINGS AND SUNLINE TRANSIT AGENCY. THE MOTION CARRIED WITH 12 AYES AND 5 MEMBERS ABSENT. MAYOR DECONINCK MAYOR HENRY MAYOR HERNANDEZ MAYOR MATAS MAYOR BALACCO MAYOR HOLMES MAYOR EVANS AYE AYE ABSENT AYE AYE AYE AYE EXECUTIVE COMMITTEE MINUTES OF DECEMBER 4, 2017 PAGE 5

11 MAYOR HARNIK MAYOR MOON COUNCILMEMBER HOBART SUPERVISOR JEFFRIES SUPERVISOR TAVAGLIONE SUPERVISOR WASHINGTON SUPERVISOR PEREZ SUPERVISOR ASHLEY TRIBAL CHAIR GRUBBE TRIBAL CHAIR WELMAS AYE AYE AYE ABSENT ABSENT ABSENT AYE AYE AYE ABSENT D CVAG Bicycle and Pedestrian Safety Program Eric Cowle Mr. Cowle presented the staff report. IT WAS MOVED BY MAYOR MATAS AND SECONDED BY MAYOR MOON TO APPROVE TEN PROJECT REIMBURSEMENT AGREEMENTS SUBMITTED FOR THE CVAG 2017 BICYCLE AND PEDESTRIAN SAFETY PROGRAM, AND $247,500 IN ADDITIONAL FUNDING FOR SIGNAL SYNCHRONIZATION COMPONENTS IN THE DESERT HOT SPRINGS PROJECT. THE MOTION CARRIED WITH 12 AYES AND 5 MEMBERS ABSENT. MAYOR DECONINCK MAYOR HENRY MAYOR HERNANDEZ MAYOR MATAS MAYOR BALACCO MAYOR HOLMES MAYOR EVANS MAYOR HARNIK MAYOR MOON COUNCILMEMBER HOBART SUPERVISOR JEFFRIES SUPERVISOR TAVAGLIONE SUPERVISOR WASHINGTON SUPERVISOR PEREZ SUPERVISOR ASHLEY TRIBAL CHAIR GRUBBE TRIBAL CHAIR WELMAS AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT ABSENT AYE AYE ABSENT ABSENT E. Amendment Number Three to the Agreement with the City of Indio to Improve Highway 111 between Rubidoux Street and 760 west of Madison Street Eric Cowle Eric Cowle presented the staff report. Member discussion ensued. IT WAS MOVED BY SUPERVISOR PEREZ AND SECONDED BY MAYOR HOLMES TO APPROVE AMENDMENT NUMBER THREE TO THE AGREEMENT WITH THE CITY OF INDIO TO IMPROVE HIGHWAY 111 BETWEEN RUBIDOUX STREET AND 760 WEST OF EXECUTIVE COMMITTEE MINUTES OF DECEMBER 4, 2017 PAGE 6

12 MADISON STREET TO INCREASE CVAG S REGIONAL SHARE OF THE PROJECT COST TO $6,933,335.49, AN INCREASE OF $1,863, THE MOTION CARRIED WITH 12 AYES AND 5 MEMBERS ABSENT. MAYOR DECONINCK MAYOR HENRY MAYOR HERNANDEZ MAYOR MATAS MAYOR BALACCO MAYOR HOLMES MAYOR EVANS MAYOR HARNIK MAYOR MOON COUNCILMEMBER HOBART SUPERVISOR JEFFRIES SUPERVISOR TAVAGLIONE SUPERVISOR WASHINGTON SUPERVISOR PEREZ SUPERVISOR ASHLEY TRIBAL CHAIR GRUBBE TRIBAL CHAIR WELMAS AYE AYE ABSENT AYE AYE AYE AYE AYE AYE AYE ABSENT ABSENT ABSENT AYE AYE AYE ABSENT 8. INFORMATION a) Status of I-10 Interchange Projects b) CVAG Regional Arterial Program - Project Status Report c) CVAG Regional Arterial Program - Contract Status Report d) Executive Committee Attendance Roster e) RCTC Letter f) League of California Cities Public Safety Issues Update g) CVAG Homeless Program Updates h) Property Assessed Clean Energy (PACE) Consumer Protection Legislation: SB 242 and AB 1284 i) CVAG Quarterly Report 9. ANNOUNCEMENTS Upcoming Meetings at Fred Waring Drive, Suite 119, Palm Desert: Technical Advisory Committee Monday, January 8, 2018 at 11:00 a.m. Executive Committee Monday, January 29, 2018 at 4:30 p.m. EXECUTIVE COMMITTEE MINUTES OF DECEMBER 4, 2017 PAGE 7

13 THE COMMITTEE ADJOURNED TO CLOSED SESSION AT 4:50 P.M. 6.2 CLOSED SESSION The Board finds, based on advice from the General Counsel, that discussion in open session of the following described matter will prejudice the position of the Association in existing litigation: PENDING LITIGATION: Gov t Code section (d)(1) Ferguson v. Coachella Valley Association of Governments, et al., Riverside County Superior Court Case No. PSC THE COMMITTEE ADJOURNED CLOSED SESSION INTO THE REGULAR MEETING AT 5:17 P.M. Mike Jenkins announced there was no reportable action from the Closed Session 10. ADJOURNMENT There being no further business, Chair Ashley adjourned the meeting at 5:18 p.m. Respectfully submitted, Cheryll Dahlin Cheryll Dahlin Management Analyst EXECUTIVE COMMITTEE MINUTES OF DECEMBER 4, 2017 PAGE 8

14 ITEM 6B Staff Report Subject: Contact: CVAG s Investment Policy Gary Leong, Deputy Executive Director (gleong@cvag.org) Recommendation: Approve the existing Investment Policy of CVAG. Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Background: To be in compliance with the California Government Code, governmental agencies are required to review and adopt an Investment Policy annually. Staff has reviewed the existing Investment Policy and proposes that no changes be made. Fiscal Analysis: No financial impact.

15 CVAG POLICY NUMBER: COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) INVESTMENT POLICY FOR CVAG FUNDS It is the policy of Coachella Valley Association of Governments (CVAG) to invest public funds in accordance with the requirements of State law to achieve a market rate of return while minimizing the potential for losses, to meet daily cash flow needs of CVAG and to comply with all laws of the State of California regarding the investment of public funds. The ultimate goal is to enhance CVAG s financial condition while protecting its financial assets. This investment policy is intended to provide guidelines for the prudent investment of CVAG s temporarily idle cash and to identify CVAG s policies regarding the investment process. Investments of public funds shall be made in accordance with the following policy. 1. Investment Objectives: Safety - preservation of the public s funds so that necessary public projects and programs can be constructed and managed; Liquidity - assurance of liquidity to meet daily cash flow needs; and Yield - obtaining the maximum investment yield consistent with the above. 2. Investments shall be made with judgment and care under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. The standard of prudence to be used by investment officials shall be the prudent person standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and the investment policy and exercising due diligence shall be relieved of personal responsibility for the herein defined individual security s credit risk or market price changes, provided deviations from expectations are reported in the herein defined timely fashion and appropriate action is taken to control adverse developments. 3. The Executive Director, and designee, the Director of Administrative Services, are responsible for establishing and maintaining an internal control structure designed to ensure the safety of the assets of CVAG and that CVAG assets are protected from loss, theft or misuse. The internal control structure is designed to provide reasonable, but not absolute, assurance that these objectives are met. The concept of reasonable assurance recognizes that (a) the cost of a control should not exceed the benefits likely to be derived; and, (b) the valuation of costs and benefits requires estimates and judgments by management. Accordingly, the Executive Director, and designee, the

16 Director of Administrative Services, shall maintain an annual process of independent review by an external auditor. This review will provide internal control by assuring compliance with policies and procedures. 4. All security transactions entered into by the Coachella Valley Association of Governments shall be conducted on a delivery-versus-payment (DVP) basis. Securities will be held by a third party custodian designated by the Director of Administrative Services and evidenced by safekeeping receipts. Funds invested with the Riverside County Pooled Investment Fund are exempt from this paragraph. 5. Pursuant to CVAG s policies and prior direction, the Executive Director and designee, the Director of Administrative Services, are hereby delegated the authority to implement the investment policy set forth herein. 6. Except for those funds necessary to assure maintenance of ongoing CVAG operations, CVAG investment may include: United States Treasury Bonds, Treasury Notes or Treasury Bills Certificates of Deposit, placed with commercial banks and savings and loan companies (not to exceed the FDIC guarantee of $250,000 per financial institution unless collateralized per Section 7) State of California Local Agency Investment Fund (LAIF) AAA-rated Money Market Funds investing in US Treasury investments Riverside County Pooled Investment Fund The County of Riverside (County) serves as CVAG s treasurer. The County s Pool is professionally managed and maintains liquidity and diversification so as to minimize risk to the public agencies whose funds are held by the Pool. CVAG Staff reviews the County Treasurer s Investment Portfolio monthly, as well as providing a quarterly investment report to CVAG s Executive Committee (see section 13). 7. Collateralization will be required on demand deposits, certificates of deposit and repurchase agreements. In order to anticipate market changes and provide a level of security for all funds, a minimum collateralization level is required. Surplus funds can only be deposited in state or federal commercial banks and savings associations, state or federal credit unions, State of California Local Agency Investment Fund (LAIF) or the Riverside County Pooled Investment Fund within the State of California. The deposits cannot exceed the amount of the bank s or savings and loan s paid-up capital and surplus. The bank or savings and loan must secure public funds deposits with eligible securities having a market value of 110% of the total amount of the deposits. State law also allows as an eligible security, first trust deeds having a value of 150% of the total amount of the deposits. The Executive Director or Director of Administrative Services may waive security for that portion of a deposit which is insured pursuant to Federal law. Currently, the first $250,000 of a deposit is federally insured. Deposits in excess of $250,000 are required to be collateralized as previously indicated.

17 8. CVAG, to ensure the safety of its investment portfolio, will diversify its investments by security type and institution. No more than 55% of CVAG s total investment portfolio shall be placed with any single financial institution, with the exception of LAIF, whereby CVAG has the option of investing up to the maximum allowable by LAIF. 9. The Director of Administrative Services shall develop and maintain a list of financial institutions authorized to provide investment services. In addition, a list will also be maintained of approved security broker/dealers selected by credit worthiness, who maintain an office in the State of California. These may include primary dealers or regional dealers that qualify under Securities and Exchange Commission Rule 15C3-1 (uniform net capital rule). No public deposit shall be made except in a qualified public depository as established by state laws. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the Director of Administrative Services with the following: audited financial statements, proof of National Association of Security Dealers certification, and proof of State of California registration. A current (for the fiscal year most recently ended) audited financial statement is required to be on file for each financial institution and broker/dealer in which CVAG invests. 10. The list of permissible investments in Section 6 is intentionally more limited than those set forth in California Government Code Sections and Unless further restricted by state law, all investments hereunder shall be limited to a maximum maturity date of three years from date of purchase. A minimum of fifty percent (50%) of CVAG s invested funds must be invested in securities with maturities of one year or less. A minimum of seventy five percent (75%) of CVAG s invested funds must be invested in securities with maturities of two years or less. 12. Excluded from this resolution are investments of employee deferred compensation, employee cafeteria plan and retirement plan funds. 13. This investment policy shall be reviewed at least annually by the Executive Committee and Executive Director in accordance with California Government Code Section requirements. 14. Under provisions of the California Government Code Section 53646, there shall be a report, at least quarterly, to the Executive Committee on the status of all CVAG investments. This quarterly report will include the following information: Amount on Deposit, Market Value, Source for Market Values, Yield (rate of interest), Type of Investment and Institution. In addition, quarterly report shall: 1. State compliance of the portfolio to CVAG s investment policy or manner in which the portfolio is not in compliance; and

18 2. Include a statement denoting the ability of CVAG to meet its expenditure requirements for the next six months, or provide an explanation as to why sufficient money shall, or may, not be available. 15. The Executive Director, designee, or an Executive Committee member, shall suggest such amendments to this policy as he or she, from time to time, deems necessary or prudent. ADOPTED this 26 th day of February Marion Ashley, Chair Coachella Valley Association of Governments ATTEST: Tom Kirk Executive Director

19 ITEM 6C Staff Report Subject: Contact: City of La Quinta Contribution to CV Housing First Cheryll Dahlin, Management Analyst Recommendation: Authorize Chair to Sign Memorandum of Understanding between CVAG and the City of La Quinta for CV Housing First in the Amount of $103,000. Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Homelessness Committee: CONCURS (Meeting of February 21 st ) Background: Senate Bill 341 was signed into law on October SB 341 dictates the way housing successors must spend funds that it receives from the former redevelopment agency s assets and established new reporting requirements on the use of those funds. A portion of this funding can be used to fund homeless services. The City of La Quinta has recently explored the use of this funding for homeless services. The City of La Quinta, through their Housing Commission and Housing Authority, approved using these funds for CV Housing First at $103,000, Martha s Village and Kitchen at $103,000, and CVRM at $53,000. CVRM was already granted $50,000 by the City of La Quinta for fiscal year 17/18. This contribution to CV Housing First will trigger the dollar-for-dollar match to CV Housing First from Desert Healthcare District for an additional $103,000. The City of La Quinta conditioned their contribution to all the recipient homeless providers of $103,000 for rental prevention services focused on the East Coachella Valley, specifically La Quinta. CVAG will provide reports to the City at the end of the first and second quarters. Fiscal Impact: This contribution from the City of La Quinta, along with the dollar-for-dollar match from the Desert Healthcare District, the total amount of funding committed to CV Housing First is $1,728, Depending on each cities activities with the dissolution of Redevelopment Agency Funds, there could be an availability of funding of up to $250,000 for homeless programs such as Rapid Rehousing and prevention. Attachments: 1. Memorandum of Understanding between CVAG and City of La Quinta 2. Senate Bill 341 Bill Text 3. BB&K Memorandum

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27 Senate Bill No. 341 CHAPTER 796 An act to amend Section of, and to add Section to, the Health and Safety Code, relating to redevelopment. [Approved by Governor October 13, Filed with Secretary of State October 13, 2013.] legislative counsel s digest SB 341, DeSaulnier. Redevelopment. (1) Existing law dissolved redevelopment agencies and community development agencies, and provides for the designation of successor agencies that are required to wind down the affairs of the dissolved redevelopment agencies and to, among other things, make payments due for enforceable obligations, as defined. Existing law provides that the city, county, or city and county that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. Existing law requires the entity assuming the housing functions of the former redevelopment agency to perform various functions. This bill would change provisions relating to the functions to be performed by the entity assuming the housing functions of the former redevelopment agency to instead refer to the housing successor. (2) Existing law provides that any funds transferred to the city, county, or city and county or the entity assuming the housing functions of the former redevelopment agency, together with any funds generated from housing assets, shall be maintained in a separate Low and Moderate Income Housing Asset Fund which shall be used in accordance with applicable housing-related provisions of the Community Redevelopment Law, as specified. This bill would provide that funds in the Low and Moderate Income Housing Asset Fund shall be used in accordance with applicable housing-related provisions of the Community Redevelopment Law, except as specified. The bill would require the housing successor to expend funds in the Low and Moderate Income Housing Asset Fund, other than those expended to meet enforceable obligations, for the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor, for homeless prevention and rapid rehousing services to individuals and families who are homeless or would be homeless but for this assistance, and for the development of affordable housing, as specified. (3) Existing law requires that moneys in the Low and Moderate Income Housing Fund be used to assist housing for persons of low income and housing for persons of very low income in at least the same proportion as 95

28 Ch the total number of housing units needed for each of those income groups bears to the total number of units needed for persons of moderate, low, and very low income within the community, as specified. This bill would provide that these provisions shall not apply, and would instead require that if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50% of the aggregate number of units of deed-restricted rental housing assisted by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has started on, a number of units available to all persons regardless of age that is equal to 50% of the aggregate number of units of deed-restricted rental housing units assisted by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period. (4) Existing law requires that a specified percentage of all taxes that are allocated to a former redevelopment agency be used outside a specified project area upon a resolution of the agency and the legislative body that the use will be of benefit to the project. This bill would provide that program income a housing successor receives shall not be associated with a project area and may be expended anywhere within the jurisdiction of the housing successor or transferred for the purpose of developing transit priority projects, permanent supportive housing, housing for agricultural employees, or special needs housing, without a finding of benefit to a project area, as specified. The bill would also authorize 2 or more housing successors, as specified, to agree to transfer funds among their respective Low and Moderate Income Housing Asset Funds, as specified. (5) Existing law provides that if excess surplus accumulates in the Low and Moderate Income Housing Fund, the former redevelopment agency may adopt a plan for expenditure of the moneys. Existing law also requires that upon failure of the former redevelopment agency to expend or encumber excess surplus in the Low and Moderate Income Housing Fund, it shall be required to disburse, expend, or encumber its excess surplus, as specified. This bill would provide that these provisions shall not apply, and would instead provide that if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for specified purposes or transfer the funds within 3 fiscal years. The bill would provide that if the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the 3rd fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. (6) Existing law requires a former redevelopment agency, for each interest in real property acquired using moneys from the Low and Moderate Income 95

29 3 Ch. 796 Housing Fund, to, within 5 years from the date it first acquires the property interest for the development of housing affordable to persons and families of low and moderate income, initiate activities consistent with the development of the property for that purpose. Existing law provides that in the event that physical development of the property for this purpose has not begun by the end of a specified time period, or if the former redevelopment agency does not comply with this requirement, the property shall be sold and the moneys from the sale, less reimbursement to the agency for the cost of the sale, shall be deposited in the Low and Moderate Income Housing Fund. This bill would provide that these provisions shall not apply to interests in real property acquired on or after February 1, 2012, and that with respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the specified time periods shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset. (7) Existing law requires every former redevelopment agency to submit the final report of any audit undertaken and an annual report to its legislative body, as specified. Existing law also requires the Controller to compile and publish annually reports of the financial transactions of each former community redevelopment agency, to make the data available to the Legislature and its agents upon request, and to publish this information for each project area of each redevelopment agency. This bill would provide that these provisions shall not apply and, instead, would require the housing successor to conduct and provide to its governing body an independent financial audit of the Low and Moderate Income Housing Asset Fund. It would also require the housing successor to post specified information on its Internet Web site. The people of the State of California do enact as follows: SECTION 1. Section of the Health and Safety Code is amended to read: (a) (1) The city, county, or city and county that authorized the creation of a redevelopment agency may elect to retain the housing assets and functions previously performed by the redevelopment agency. If a city, county, or city and county elects to retain the authority to perform housing functions previously performed by a redevelopment agency, all rights, powers, duties, obligations, and housing assets, as defined in subdivision (e), excluding any amounts on deposit in the Low and Moderate Income Housing Fund and enforceable obligations retained by the successor agency, shall be transferred to the city, county, or city and county. (2) The housing successor shall submit to the Department of Finance by August 1, 2012, a list of all housing assets that contains an explanation of how the assets meet the criteria specified in subdivision (e). The Department of Finance shall prescribe the format for the submission of the list. The list 95

30 Ch shall include assets transferred between February 1, 2012, and the date upon which the list is created. The department shall have up to 30 days from the date of receipt of the list to object to any of the assets or transfers of assets identified on the list. If the Department of Finance objects to assets on the list, the housing successor may request a meet and confer process within five business days of receiving the department objection. If the transferred asset is deemed not to be a housing asset as defined in subdivision (e), it shall be returned to the successor agency and the provision of Section may apply. If a housing asset has been previously pledged to pay for bonded indebtedness, the successor agency shall maintain control of the asset in order to pay for the bond debt. (3) For purposes of this section and Section , housing successor means the entity assuming the housing function of a former redevelopment agency pursuant to this section. (b) If a city, county, or city and county does not elect to retain the responsibility for performing housing functions previously performed by a redevelopment agency, all rights, powers, assets, duties, and obligations associated with the housing activities of the agency, excluding enforceable obligations retained by the successor agency and any amounts in the Low and Moderate Income Housing Fund, shall be transferred as follows: (1) If there is no local housing authority in the territorial jurisdiction of the former redevelopment agency, to the Department of Housing and Community Development. (2) If there is one local housing authority in the territorial jurisdiction of the former redevelopment agency, to that local housing authority. (3) If there is more than one local housing authority in the territorial jurisdiction of the former redevelopment agency, to the local housing authority selected by the city, county, or city and county that authorized the creation of the redevelopment agency. (c) Commencing on the operative date of this part, the housing successor may enforce affordability covenants and perform related activities pursuant to applicable provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)), including, but not limited to, Section (d) Except as specifically provided in Section , any funds transferred to the housing successor, together with any funds generated from housing assets, as defined in subdivision (e), shall be maintained in a separate Low and Moderate Income Housing Asset Fund which is hereby created in the accounts of the housing successor. (e) For purposes of this part, housing asset includes all of the following: (1) Any real property, interest in, or restriction on the use of real property, whether improved or not, and any personal property provided in residences, including furniture and appliances, all housing-related files and loan documents, office supplies, software licenses, and mapping programs, that were acquired for low- and moderate-income housing purposes, either by purchase or through a loan, in whole or in part, with any source of funds. 95

31 5 Ch. 796 (2) Any funds that are encumbered by an enforceable obligation to build or acquire low- and moderate-income housing, as defined by the Community Redevelopment Law (Part 1 (commencing with Section 33000)) unless required in the bond covenants to be used for repayment purposes of the bond. (3) Any loan or grant receivable, funded from the Low and Moderate Income Housing Fund, from homebuyers, homeowners, nonprofit or for-profit developers, and other parties that require occupancy by persons of low or moderate income as defined by the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (4) Any funds derived from rents or operation of properties acquired for low- and moderate-income housing purposes by other parties that were financed with any source of funds, including residual receipt payments from developers, conditional grant repayments, cost savings and proceeds from refinancing, and principal and interest payments from homebuyers subject to enforceable income limits. (5) A stream of rents or other payments from housing tenants or operators of low- and moderate-income housing financed with any source of funds that are used to maintain, operate, and enforce the affordability of housing or for enforceable obligations associated with low- and moderate-income housing. (6) (A) Repayments of loans or deferrals owed to the Low and Moderate Income Housing Fund pursuant to subparagraph (G) of paragraph (1) of subdivision (d) of Section 34171, which shall be used consistent with the affordable housing requirements in the Community Redevelopment Law (Part 1 (commencing with Section 33000)). (B) Loan or deferral repayments shall not be made prior to the fiscal year. Beginning in the fiscal year, the maximum repayment amount authorized each fiscal year for repayments made pursuant to this paragraph and subdivision (b) of Section combined shall be equal to one-half of the increase between the amount distributed to taxing entities pursuant to paragraph (4) of subdivision (a) of Section in that fiscal year and the amount distributed to taxing entities pursuant to that paragraph in the base year. Loan or deferral repayments made pursuant to this paragraph shall take priority over amounts to be repaid pursuant to subdivision (b) of Section (f) If a development includes both low- and moderate-income housing that meets the definition of a housing asset under subdivision (e) and other types of property use, including, but not limited to, commercial use, governmental use, open space, and parks, the oversight board shall consider the overall value to the community as well as the benefit to taxing entities of keeping the entire development intact or dividing the title and control over the property between the housing successor and the successor agency or other public or private agencies. The disposition of those assets may be accomplished by a revenue-sharing arrangement as approved by the oversight board on behalf of the affected taxing entities. 95

32 Ch (g) (1) (A) The housing successor may designate the use of and commit indebtedness obligation proceeds that remain after the satisfaction of enforceable obligations that have been approved in a Recognized Obligation Payment Schedule and that are consistent with the indebtedness obligation covenants. The proceeds shall be derived from indebtedness obligations that were issued for the purposes of affordable housing prior to January 1, 2011, and were backed by the Low and Moderate Income Housing Fund. Enforceable obligations may be satisfied by the creation of reserves for the projects that are the subject of the enforceable obligation that are consistent with the contractual obligations for those projects, or by expending funds to complete the projects. (B) The housing successor shall provide notice to the successor agency of any designations of use or commitments of funds specified in subparagraph (A) that it wishes to make at least 20 days before the deadline for submission of the Recognized Obligation Payment Schedule to the oversight board. Commitments and designations shall not be valid and binding on any party until they are included in an approved and valid Recognized Obligation Payment Schedule. The review of these designations and commitments by the successor agency, oversight board, and Department of Finance shall be limited to a determination that the designations and commitments are consistent with bond covenants and that there are sufficient funds available. (2) Funds shall be used and committed in a manner consistent with the purposes of the Low and Moderate Income Housing Asset Fund. Notwithstanding any other law, the successor agency shall retain and expend the excess housing obligation proceeds at the discretion of the housing successor, provided that the successor agency ensures that the proceeds are expended in a manner consistent with the indebtedness obligation covenants and with any requirements relating to the tax status of those obligations. The amount expended shall not exceed the amount of indebtedness obligation proceeds available and such expenditure shall constitute the creation of excess housing proceeds expenditures to be paid from the excess proceeds. Excess housing proceeds expenditures shall be listed separately on the Recognized Obligation Payment Schedule submitted by the successor agency. (h) This section shall not be construed to provide any stream of tax increment financing. SEC. 2. Section is added to the Health and Safety Code, to read: Funds in the Low and Moderate Income Housing Asset Fund described in subdivision (d) of Section shall be subject to the provisions of the Community Redevelopment Law (Part 1 (commencing with Section 33000)) relating to the Low and Moderate Income Housing Fund, except as follows: (a) Subdivision (d) of Section and subdivision (a) of Section shall not apply. Instead, funds received from the successor agency for items listed on the Recognized Obligation Payment Schedule shall be expended to meet the enforceable obligations, and the housing successor 95

33 7 Ch. 796 shall expend all other funds in the Low and Moderate Income Housing Asset Fund as follows: (1) For the purpose of monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and for the purpose of administering the activities described in paragraphs (2) and (3), a housing successor may expend per fiscal year up to an amount equal to 2 percent of the statutory value of real property owned by the housing successor and of loans and grants receivable, including real property and loans and grants transferred to the housing successor pursuant to Section and real property purchased and loans and grants made by the housing successor. If this amount is less than two hundred thousand dollars ($200,000) for any given fiscal year, the housing successor may expend up to two hundred thousand dollars ($200,000) in that fiscal year for these purposes. The Department of Housing and Community Development shall annually publish on its Internet Web site an adjustment to this amount to reflect any change in the Consumer Price Index for All Urban Consumers published by the federal Department of Labor for the preceding calendar year. For purposes of this paragraph, statutory value of real property means the value of properties formerly held by the former redevelopment agency as listed on the housing asset transfer form approved by the Department of Finance pursuant to paragraph (2) of subdivision (a) of Section 34176, the value of the properties transferred to the housing successor pursuant to subdivision (f) of Section 34181, and the purchase price of properties purchased by the housing successor. (2) Notwithstanding Section , if the housing successor has fulfilled all obligations pursuant to Sections and 33418, the housing successor may expend up to two hundred fifty thousand dollars ($250,000) per fiscal year for homeless prevention and rapid rehousing services for individuals and families who are homeless or would be homeless but for this assistance, including the provision of short-term or medium-term rental assistance, housing relocation and stabilization services including housing search, mediation, or outreach to property owners, credit repair, security or utility deposits, utility payments, rental assistance for a final month at a location, moving cost assistance, and case management, or other appropriate activities for homelessness prevention and rapid rehousing of persons who have become homeless. (3) (A) The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed pursuant to paragraphs (1) and (2) for the development of housing affordable to and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor 95

34 Ch shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successor s expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph. (B) If the housing successor fails to comply with the extremely low income requirement in any five-year report, then the housing successor shall ensure that at least 50 percent of these remaining funds expended in each fiscal year following the latest fiscal year following the report are expended for the development of rental housing affordable to, and occupied by, households earning 30 percent or less of the area median income until the housing successor demonstrates compliance with the extremely low income requirement in an annual report described in subdivision (f). (C) If the housing successor exceeds the expenditure limit for households earning between 60 percent and 80 percent of the area median income in any five-year report, the housing successor shall not expend any of the remaining funds for households earning between 60 percent and 80 percent of the area median income until the housing successor demonstrates compliance with this limit in an annual report described in subdivision (f). (D) For purposes of this subdivision, development means new construction, acquisition and rehabilitation, substantial rehabilitation as defined in Section 33413, the acquisition of long-term affordability covenants on multifamily units as described in Section 33413, or the preservation of an assisted housing development that is eligible for prepayment or termination or for which within the expiration of rental restrictions is scheduled to occur within five years as those terms are defined in Section of the Government Code. Units described in this subparagraph may be counted towards any outstanding obligations pursuant to Section 33413, provided that the units meet the requirements of that section and are counted as provided in that section. (b) Subdivision (b) of Section shall not apply. Instead, if the aggregate number of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years exceeds 50 percent of the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period, then the housing successor shall not expend these funds to assist additional senior housing units until the housing successor or its host jurisdiction assists, and construction has commenced, a number of units available to all persons, regardless of age, that is equal to 50 percent of the aggregate number of units of deed-restricted rental housing units assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the time period described above. (c) (1) Program income a housing successor receives shall not be associated with a project area and, notwithstanding subdivision (g) of Section , may be expended anywhere within the jurisdiction of the housing 95

35 9 Ch. 796 successor or transferred pursuant to paragraph (2) without a finding of benefit to a project area. For purposes of this paragraph, program income means the sources described in paragraphs (3), (4), and (5) of subdivision (e) of Section and interest earned on deposits in the account. (2) Two or more housing successors within a county, within a single metropolitan statistical area, within 15 miles of each other, or that are in contiguous jurisdictions may enter into an agreement to transfer funds among their respective Low and Moderate Income Housing Asset Funds for the sole purpose of developing transit priority projects as defined in subdivisions (a) and (b) of Section of the Public Resources Code, permanent supportive housing as defined in paragraph (2) of subdivision (b) of Section , housing for agricultural employees as defined in subdivision (g) of Section , or special needs housing as defined in federal or state law or regulation if all of the following conditions are met: (A) Each participating housing successor has made a finding based on substantial evidence, after a public hearing, that the agreement to transfer funds will not cause or exacerbate racial, ethnic, or economic segregation. (B) The development to be funded shall not be located in a census tract where more than 50 percent of its population is very low income, unless the development is within one-half mile of a major transit stop or high-quality transit corridor as defined in paragraph (3) of subdivision (b) of Section of the Public Resources Code. (C) The completed development shall not result in a reduction in the number of housing units or a reduction in the affordability of housing units on the site where the development is to be built. (D) A transferring housing successor shall not have any outstanding obligations pursuant to Section (E) No housing successor may transfer more than one million dollars ($1,000,000) per fiscal year. (F) The jurisdictions of the transferring and receiving housing successors each have an adopted housing element that the Department of Housing and Community Development has found pursuant to Section of the Government Code to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and have submitted to the Department of Housing and Community Development the annual progress report required by Section of the Government Code within the preceding 12 months. (G) Transferred funds shall only assist rental units affordable to, and occupied by, households earning 60 percent or less of the area median income. (H) Transferred funds not encumbered within two years shall be transferred to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. (d) Sections and shall not apply. Instead, if a housing successor has an excess surplus, the housing successor shall encumber the excess surplus for the purposes described in paragraph (3) of subdivision 95

36 Ch (a) or transfer the funds pursuant to paragraph (2) of subdivision (c) within three fiscal years. If the housing successor fails to comply with this subdivision, the housing successor, within 90 days of the end of the third fiscal year, shall transfer any excess surplus to the Department of Housing and Community Development for expenditure pursuant to the Multifamily Housing Program or the Joe Serna, Jr. Farmworker Housing Grant Program. For purposes of this subdivision, excess surplus shall mean an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the housing successor s preceding four fiscal years, whichever is greater. (e) Section shall not apply to interests in real property acquired on or after February 1, With respect to interests in real property acquired by the former redevelopment agency prior to February 1, 2012, the time periods described in Section shall be deemed to have commenced on the date that the Department of Finance approved the property as a housing asset. (f) Section of this code and Section of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year: (1) The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing any amounts deposited for items listed on the Recognized Obligation Payment Schedule from other amounts deposited. (2) A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts. (3) A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a). (4) As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. 95

37 11 Ch. 796 (5) A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service. (6) A description of any project for which the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project. (7) For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with Section For interests in real property acquired on or after February 1, 2012, a status update on the project. (8) A description of any outstanding obligations pursuant to Section that remained to transfer to the housing successor on February 1, 2012, of the housing successor s progress in meeting those obligations, and of the housing successor s plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency. (9) The information required by subparagraph (B) of paragraph (3) of subdivision (a). (10) The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period. (11) The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor s plan for eliminating the excess surplus. O 95

38 Memorandum To: Wade G. McKinney, Executive Director Indian Wells Housing Authority From: Best Best & Krieger, LLP, Authority Counsel Date: January 9, 2015 Re: Senate Bill 341 and impact on the use of housing funds received through the Redevelopment Agency dissolution process INTRODUCTION During the last legislative session the State Legislature enacted Senate Bill 341 ( SB 341 ), which imposed new requirements on housing successors to former redevelopment agencies. Specifically, SB 341 dictates the manner in which housing successors must spend funds that it receives from the former redevelopment agency s assets, and established new reporting requirements on the use of those funds. The Indian Wells Housing Authority (the Housing Authority ) serves as the housing successor to the former Redevelopment Agency of the City of Indian Wells. As a result, it has taken possession of the former redevelopment agency s housing assets, and all future revenue generated from those assets will be deposited into a low and moderate income housing asset fund ( LMIHAF ) to be administered by the Housing Authority. The revenues that will be deposited into the LMIHAF will include the repayment of the SERAF loan made by the Redevelopment Agency s housing fund to make certain payments required by State law. The principal balance of that loan is currently $11,514,773, and will be repaid into the LMIHAF over the next several years. Additionally, any funds recovered from the Promissory Note to be repaid by Miles Crossing Retail, LP (approximately $2.2 million), in connection with the proposed Phase 1 retail portion of the Indian Wells Crossing development project, will also be deposited into the LMIHAF. The enactment of SB 341 will directly impact the manner in which the Housing Authority may spend the funds that will be deposited into the LMIHAF. This memo summarizes the requirements of SB 341 and reviews the steps that the HA should take to ensure compliance with these new requirements \

39 ANALYSIS I. Requirements of SB 341 A. Expenditure of Funds Under existing law, the housing successor to the redevelopment agency (in this case the Housing Authority) must establish the LMIHAF, and all funds generated from the former redevelopment agency s housing assets must be deposited in this fund. SB 341 dictates how these fund must be spent by the Housing Authority. 1. Administrative Costs The Housing Authority can use funds deposited into the LMIHAF to pay administrative costs associated with monitoring and maintaining existing affordable housing and developing new affordable housing. However, the amount that can be spent on administrative costs in each fiscal year is capped at the greater of 5% of the total value of grant/loan receivables and real property owned by the Housing Authority, or $200, Homeless Services If the Housing Successor has already met the inclusionary housing requirements that were imposed on the redevelopment agency pursuant to Health and Safety Code section then the Housing Authority can spend up to $250,000 per year from the LMIHAF on homeless assistances and associated services to secure housing for homeless people and families. 3. Requirements for Remaining Funds The remaining funds in the LMIHAF must be spent for the development of housing for households earning 80% of the area median income or less. 2 In other words, these funds cannot be used for moderate income housing (i.e., housing for families at % of area median income). At least 30% of these remaining funds (after use of funds for administrative costs and, if applicable, homeless assistance) must be spent on extremely low income housing, which is for households earning 30% or less of the area median income, and no more than 20% of this amount can be spent on households earning between 60% and 80% of area median income. The 1 Section generally required that 15% of all housing developed in a redevelopment project area be affordable to low and moderate income households, with at least 40% of that housing being affordable to very-low income households. 2 The Housing Authority can spend these funds on construction of new affordable housing, acquisition and rehabilitation of housing, substantial rehabilitation of existing units and acquisition of long term affordability covenants for existing units \

40 remainder of the funds must be spent on housing for households earning less than 60% of area median income. If the Housing Authority spends more than 20% of the LMIHAF funds on housing for households between 60-80% of area median income over the course of a five year period, then the Housing Authority cannot spend any more money on housing for households at 60-80% of area median income until it spends funds on housing for the lower income levels to bring its spending back into the required proportions. 4. Expenditures on Senior Housing If the number of affordable senior housing units developed by the former redevelopment agency or the Housing Authority in the previous 10 years exceeds 50% of the total affordable units developed during that time period, then the Housing Successor cannot spend any money to assist additional senior housing until the time when then number of senior affordable units assisted over the previous 10 years is less than 50% of the total affordable units developed by the redevelopment agency/housing authority. B. Transfer of Funds to Other Jurisdictions Under limited circumstances, the Housing Successor can transfer funds to another jurisdiction within the same county and within 15 miles of the housing Successor to assist with the development of (1) transit priority projects that call for affordable housing in close vicinity to transit stations, (2) permanent supportive housing for people with disabilities, (3) housing for agricultural laborers, or (4) special needs housing as defined by state law. Before housing funds may be transferred, both jurisdictions have to make specific findings related to the proposed housing development and each jurisdictions compliance with the inclusionary housing requirements imposed by Health and Safety Code section C. Timing for Use of LMIHAF Funds The new law also requires that funds deposited in the LMIHAF to be spent within a limited period of time. The new law essentially carries forward the excess surplus requirements established by the Community Redevelopment Law and declares that any unencumbered funds that are in excess of the greater of $1,000,000 or the total amount deposited in the LMIHAF over the previous four fiscal years are considered excess surplus. The excess surplus funds must be spent within three years of the time that they are determined to be excess surplus. If the Housing Successor fails to use the excess surplus in that timeframe, the funds must be transferred to the State Department of Housing and Community Development, and will be used for the State s Multifamily Housing Program or the Joe Serna Jr. Farmworker Housing Grant Program \

41 D. Time Limits on Development or Sale of Property Under the Community Redevelopment Law, redevelopment agencies were required to initiate development on any property acquired with affordable housing funds, or else sell the property and redeposit the funds into the low and moderate income housing fund. Now, the Housing Authority must initiate development on any property that was transferred from the redevelopment agency to the Housing Authority as a housing asset within five years of the date that DOF confirmed the property was a housing asset, or else sell the property and redeposit the money into the LMIHAF. There are no such limitations on property that is acquired by the Housing Authority with LMIHAF. E. Reporting Requirements The Housing Authority is not required to prepare an annual report to HCD (as was the case for the Redevelopment Agency), but it does have to prepare an annual audit of the LMIHAF within 6 months after the end of each fiscal year, and include detailed information on the amounts deposited into and spend from the LMIHAF each fiscal year, the purpose of any expenditures, and the Housing Authority s progress toward satisfying the requirements of SB 341, including the expenditure requirements for extremely low income households and the limitations on assistance for senior affordable housing. II. Impact on Indian Wells The Housing Authority will receive a significant amount of money into the LMIHAF in the coming years. This includes not only the repayment of the SERAF Loan and the proceeds from the sale of the Indian Wells Crossing Retail site, but additionally as the Successor Agency repays loans owed to the City, 20% of the amounts repaid are required to be deposited into the Housing Authority s LMIHAF. Any other revenues generated from the redevelopment agency housing assets that were transferred to the Housing Authority must also be deposited into the LMIHAF. The Housing Authority will have to consider how it will use this money, given the new restrictions established by SB 341. First, the Housing Authority should determine (1) how many affordable units have been developed in the City over the past 10 years, and (2) how many of those units were senior housing units. This information will help the Housing Authority to determine how many senior housing units may be constructed in future years. Further, the Housing Authority will not be able to spend any of the funds on moderate income housing (80% to 120% of area median income) and may only spend 20% of the total funds on low income housing. The remainder of the funds will have to be spent on households at less than 60% of area median income. This will be a significant departure from the types of affordable housing that has been developed in Indian Wells in the past, and the Housing \

42 Authority Board should consider how it wants to proceed with utilizing those funds in the near future. If the Housing Authority does not spend the funds in the manner required by SB 341, its use of the funds will be even further constrained until it spends the proportionately required amounts, and eventually the funds will be turned over to HCD as excess surplus funds if not used in accordance with SB 341. III. Conclusion The Housing Authority should first determine the amount of senior affordable housing it has developed over the last 10 years, to determine the extent to which it is constrained in developing senior affordable housing in the future. The Housing Authority should then work to determine the flow of revenue that it expects to receive in the coming years, to determine how much it will have to spend on affordable housing at various income levels. Once that information is secured, the Housing Authority Board can develop a plan for how it will spend funds in a manner that is consistent with community goals and will not run afoul of the requirements of SB 341. If you have any questions or concerns regarding this memorandum, please do not hesitate to contact me. cc: David Gassaway, Assistant to the City Manager STEPHEN P. DEITSCH ETHAN WALSH \

43 ITEM 6D Staff Report Subject: Contact: HARC, Inc. CV Housing First Evaluation Update Cheryll Dahlin, Management Analyst Recommendation: Authorize Chair to sign Amendment #1 a no-cost extension for HARC Evaluation of CV Housing First. Homelessness Committee: CONCURS (Meeting of February 21 st ) Background: At the January 17 meeting, Jenna LeComte-Hinely, CEO of HARC, Inc. (Health Assessment and Research for Communities), gave an update to the committee regarding the evaluation of CV Housing First. HARC s initial scope and cost proposal (contract signed on December 4, 2017) included the following deliverables: 1. Analysis of Homeless Management Information System (HMIS) data (6-week project; delivered approximately February): a. 2 weeks for data pull b. 4 weeks for data cleaning, analysis, and report-writing 2. Creation and implementation of a customized evaluation (6-month project; delivered approximately June): a. 1 month to collaboratively design a survey tool with POLM and CVAG b. 3 months of data collection using new tool c. 2 months for data cleaning, analysis, and report-writing However, upon examining the existing data in HMIS, HARC found that Path of Life Ministries (POLM) already has extremely rich data, captured by the intake and exit forms and tracked in HMIS. Analysis of this data will allow HARC to assess the change in many important outcomes over time (e.g., the impact of the POLM work on client outcomes such as housing status, health status, income level, mental health, and more). However, in order to be able to assess change over time, several clients must go through the program all the way from intake to exit in order to have all the data complete and collected. According to POLM staff, most clients are in the program for six months between their intake form and their exit form completion. Based on this information, HARC can produce a HMIS report before the next Homelessness Committee Meeting as initially planned. However, this report will be of limited use; mainly describing the demographics of those individuals who are currently in the POLM program.

44 HARC can provide a much more useful data analysis of HMIS data in approximately eight months (six months worth of data collection, plus two months for data analysis and reporting), which will include several clients intake and exit forms, allowing for documentation of the progress they have made while in the program and the impact the POLM activities have had on their lives. In this second report, HARC will integrate the HMIS data with the customized data described in the initial scope. This report will capture change over time and the impact of CV Housing First (e.g., how many are housed, whether their income has improved, whether their health has improved, how it s changed their lives, etc.). It will also provide a comparison to Roy s Desert Resource outcomes over a similar amount of time. Thus, HARC will produce the initial HMIS data report as planned before the next Homelessness Committee meeting; however, it s utility will be relatively limited. HARC is requesting that delivery of the second report be delayed from June 2018 until September 2018 (a three month no-cost extension). This will allow for HARC to integrate the custom measures with the rich HMIS data available in the intake and exit forms, providing the Committee with the best possible information from which to make decisions. This lengthens the data collection period from the three months that HARC initially described in the initial scope of work to six months (February to July), based on input from POLM. This will allow clients time to enter the program and complete the program and will utilize the data that is already collected upon program intake and program exit to document the impact of their work. Fiscal Impact: There is no additional fiscal impact. This is a no-cost extension amendment to HARC s contract with CVAG. Attachment: 1. Amendment #1 HARC/CVAG

45 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AGREEMENT FOR PROFESSIONAL SERVICES CONTRACT AMENDMENT #1 with HARC, Inc. The Agreement for Professional Services (the Contract ) by and between the Coachella Valley Association of Governments (CVAG) and HARC, Inc. (Contractor), is amended, effective February 27, 2018, as follows: 1. Service 1 scope of work to include demographic information for persons served by CV Housing First. 2. Service 2 Timeline to extend to a full 6 months of data collection. 2. All other terms and conditions shall remain the same as stated in the original contract. Signature Jenna Le-Comte Hinley President HARC Signature Marion Ashley Chair Coachella Valley Association of Governments

46 ITEM 6E Staff Report Subject: Contact: Transformative Climate Communities Planning Grant Award Erica Felci, Governmental Projects Manager Recommendation: Authorize the Executive Director to take any necessary actions to accept the Transformative Climate Communities planning grant award and enter into the related funding agreements. Transportation Committee: CONCURS (Meeting of February 5 th ) Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Background: Since 2015, the CVAG Executive Committee has encouraged staff to engage in efforts that help secure funding from the state s cap and trade programs. The Executive Committee reinforced this position in December 2017 by creating an ad hoc committee representative of communities in the Coachella Valley with opportunities to compete for funding associated with disadvantaged communities. These efforts have now resulted in a successful planning grant application. CVAG partnered with the City of Coachella to apply for the Transformative Climate Communities (TCC) planning grant program. They are intended to fund activities that are defined in an existing regional or local plan and that will occur in disadvantaged communities that may be eligible for future TCC Implementation Grants, or other California Climate Investment (CCI) programs. A total of 19 applications were submitted. CVAG s was one of 10 that were awarded funding when the Strategic Growth Council met on January 29, The Eastern Coachella Valley Climate Resilience Action Plan was developed in partnership with Riverside County and the Leadership Counsel for Justice and Accountability. It will identify and prioritize affordable housing, transportation, green infrastructure and park projects that would be competitive for grants, as well as point out policy and program gaps. In recommending the project, SGC staff stated it was a unique application and will better prepare the region to be competitive for future California Climate Investment program funds. The grant was discussed by the ad hoc committee when it held its first meeting on January 22, Committee members expressed an interest in broadening the scope of the planning area, which is focused on the City of Coachella and nearby unincorporated communities. CVAG staff will be working with member jurisdictions and SGC staff to identify ways that allow more areas to benefit from the planning activities. Fiscal Analysis: SGC recommended CVAG and eight other applicants for $170,000; the tenth award, to the City of Moreno Valley, was for $93,960. This funding amount is less than the $250,000 that CVAG and Coachella requested.

47 CVAG and the City of Coachella committed staff time to oversee and execute the project. Based on the discussion by the ad hoc committee, CVAG staff will continue to work with the project partners on funding solutions that broaden the efforts and incorporate additional areas of the Coachella Valley into the planning efforts.

48 ITEM 6F Staff Report Subject: Contact: Grant Submittal to South Coast Air Quality Management District for Street Sweeping Program Katie Barrows, Director of Environmental Resources Recommendation: Authorize submittal of a grant to the South Coast Air Quality Management District under the Voluntary Incentive Program for the CVAG Regional Street Sweeping Program. Energy & Environmental Resources Committee: CONCURS (Meeting of February 9 th ) Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Background: Since the early 1990s, CVAG and member agencies have cooperated on a Regional Street Sweeping Program as a proactive way to keep our air clean. The valley s reputation for having clean, dry air is one of the many reasons tourists flock to the Coachella Valley. It is also critical for public health as street sweeping is one of the most significant air quality control measures to reduce PM10 (particulate matter of less than 10 microns). The major source of PM10 in the Coachella Valley is dust-generating activities, including vehicles traveling over paved or unpaved streets and construction. Currently M&M Sweeping, Inc., a Thousand Palmsbased company, is under contract to conduct the regional street sweeping program for CVAG. As a result of a funding shortfall for the program, staff has been seeking additional funding sources for the program. In January, South Coast Air Quality Management District (South Coast AQMD) released a Request for Proposals (RFP) for the Voluntary Incentive Program, with is a potential funding source for the street sweeping program. This staff report summarizes the current funding for the program, the funding shortfall and requests authorization to submit a proposal to South Coast AQMD. The Regional PM10 Street Sweeping Program has been funded by three sources. One is the Mobile Source Air Pollution Reduction Review Committee (MSRC) with the South Coast Air Quality Management District. Since 2010, CVAG has received funding from the MSRC s annual Local Government Match Program (LGMP) which has offered a separate category to support the Coachella Valley s Regional PM10 Street Sweeping Program. The category initially established a targeted funding level of $250,000 to be awarded on a dollar for dollar basis annually. Beginning in FY 2014/15 this amount was reduced to $125,000 annually. CVAG has consistently applied for these funds and in 2015 was awarded its fifth year of MSRC funding. However, in 2017 street sweeping was removed as an eligible category for MSRC s local match program. The second funding source is AB2766 funds which are provided to cities and counties from a $4 per vehicle surcharge on annual DMV registration fees. AB 2766 funds are specifically for programs to reduce air pollution. CVAG member agencies contribute 75% of AB2766 funds to CVAG for the street sweeping program. The third funding stream is Colmac funding through an agreement with Riverside County. In July 2010, the County formally agreed to a set-aside of $150,000 in Colmac funds per year for five years to assist CVAG and the member jurisdictions with the operations of the Regional Street Sweeping Program. The Colmac funding has been extended by the County for five years through the 2019/20 fiscal year.

49 Funding from all three sources has been necessary to support the cost of operating the Regional Street Sweeping Program in its current state. The street sweeping program is necessary to remain in compliance with the Coachella Valley State Implementation Plan (CVSIP) for air quality. When we learned that MSRC funds would not be available for street sweeping, CVAG staff reached out to South Coast Air Quality Management District (AQMD) about other potential funding sources. AQMD staff recommended that CVAG submit a proposal under the Voluntary Incentive Program. The Voluntary Incentive Program is to incentivize stationary and mobile source projects that will result in emission reductions for various air pollutants including PM10. Proposals are due on April 11, Staff is currently reviewing the grant proposal requirements and will be preparing a proposal for submittal by the deadline. Our funding request will be developed to make up for the loss of MSRC funds so the street sweeping program can continue in its current form. More information about the Voluntary Incentive Program is available at: South Coast AQMD staff also suggested that they could assist CVAG with a study to determine the most efficient and cost-effective way to accomplish the regional street sweeping program. Staff is currently working with South Coast AQMD staff to develop a study protocol and identify potential researchers/consultants to assist us. South Coast AQMD has indicated they may have some funding to support such a study, separate from the Voluntary Incentive Program funding. Given that there is no regularly scheduled CVAG committee meetings in March, staff is requesting authorization to submit a grant proposal to South Coast AQMD for funding to support the regional street sweeping program. CVAG staff has been assisted in the effort to locate replacement funding by Buford Crites who serves as an air quality advisor to Supervisor Marion Ashley, a member of the South Coast AQMD board. Fiscal Analysis: The specific funding request has not been determined. The intent is to request funding through the South Coast AQMD grant program to make up the funding shortfall.

50 ITEM 6G Staff Report Subject: Contact: Used Oil Recycling Program Budget Katie Barrows, Director of Environmental Resources RECOMMENDATION: Approve 2017/2018 Used Oil Recycling Program Budget. Energy & Environmental Resources Committee: CONCURS (Meeting of February 9 th ) Technical Advisory Committee: CONCURS (Meeting of February 12 th ) BACKGROUND: CVAG continues to receive funds from the California Department of Resources Recycling and Recovery (CalRecycle) for the Used Oil Recycling Program. For the 2017/2018 program year, HF&H Consultants, LLC (HF&H) will continue to perform the tasks included in the contract with CVAG for implementation of our regional program. A contract amendment to extend their contract through September 30, 2018 was approved by the CVAG Executive Committee in September The attached Used Oil Recycling Program Budget will cover the 2017/2018 program. The budget includes Palm Desert which is joining our regional program for the first time this year. The budget will be presented to the Technical Advisory Committee on February 12 and will be on the Executive Committee agenda of February 26 for approval. CVAG receives funds through CalRecycle s Used Oil Payment Program (OPP) in cycles; remaining OPP funds that are not used this year are carried over to next year s program. The proposed budget for the 2017/2018 program includes $95,950 for program expenses including event advertising, oil recycling containers, funnels and shop rags, new oil filters, CVAG staff time, and the contract with HF&H. CVAG will receive an additional $14,100, Palm Desert s share of used oil funds. The proposed budget is within the available CalRecycle funds of $120,600. Estimated remaining funds after this year s program of $24,650 will carry over to next year s program. CVAG staff will work with the Solid Waste and Recycling Technical Working Group and our consultant on implementation of the Used Oil Recycling Program. The Used Oil Recycling program continues to be successful through a partnership with local auto parts stores and participating cities. The annual poster contest involving local school children has been completed and the flyer for the City of Blythe event is attached as an example. This year s poster was designed by Breeza Perez Vargas from Mecca Elementary. FISCAL ANALYSIS: The 2017/18 proposed budget is attached. The Used Oil Recycling Program is fully funded by a grant from CalRecycle, including consultant contract costs, event costs, CVAG staff time, and marketing. The City of Palm Desert will provide additional funding to cover the cost of radio advertising, promotional items, and printing in their city; HF&H will bill Palm Desert directly for these costs. ATTACHMENTS: 1. Used Oil Program Budget for 2017/ Used Oil poster contest winning flyer

51 CVAG Used Oil Filter Exchange Event Program 2017/2018 Proposed Budget Row Item CVAG Budget Excluding Palm Desert (1) Palm Desert Budget (2) Total CVAG Budget 1 Cycles 7 and 8 OPP Funds Available (3) 106,500 14, ,600 2 Oil Recycling Containers 5, ,100 3 Funnels and Shop Rags 1,400-1,400 4 Ziploc Bags 1,000-1,000 5 Event Flyers and Posters 1, ,900 6 Drawing Contest Radio Event Advertising 8,000-8,000 8 Additional Advertising New Oil Filters 6,950-6, Filter Collection at Kragen HF&H (4) 46,000 13,000 59, Administrative Expenses CVAG Staff 4,700-4, Proposed Expenditures 76,850 14,100 90, Contingency 5,000-5, Total Proposed Expenditures and Contingency for FY 2017/18 Fiscal Year 2017/18 Proposed Expenditures 81,850 14,100 95, Estimated Remaining Funds Available at 6/30/18 24,650-24, Estimated OPP Cycle 9 (3) 74,418 14,100 88, Total Estimated Funds Available for FY 2018/19 99,068 14, ,168 (1) Includes cities of Blythe, Cathedral City, Coachella, Desert Hot Springs, Indian Wells, La Quinta, Rancho Mirage, and Palm Springs. (2) Palm Desert joined CVAG regional used oil program in Cycle 8 OPP and requests two filter exchange events per year. Palm Desert's OPP portion will cover up to $14,100 for their two events. The remainder of the Palm Desert event costs will be funded by the City's Recycling Fund. (3) Cycle 8 and Cycle 9 OPP are estimated to be the same amount as Cycle 7 OPP. (4) Contract year October 1, 2017 to September 30, Cost of HF&H staffing for Palm Desert includes two events in Palm Desert (November 2017 and March 2018).

52 Sunday, May 20, 2018 USED OIL & OIL FILTER RECYCLING EVENT Illustration by: Breeza Perez Vargas from Mecca Elementary 812 East Hobson Way Blythe, CA (760) Sunday, May 20, :00 a.m. 1:00 p.m. Bring in your used oil and used oil filters for recycling! Used oil must be stored properly in a clean, uncontaminated container. It is ILLEGAL to transport more than 5 gallons of used oil in your personal vehicle. Par cipants will receive a FREE Shop Towel, Funnel, Filter Bag, and Drainer Container!* BRING IN A USED OIL FILTER AND RECEIVE A NEW ONE FOR FREE! LIMIT 2 FREE FILTERS PER PERSON. Funded by a grant from CalRecycle. Sponsored by the Coachella Valley Associa on of Governments. *Free oil filters and giveaways will only be given away during this event while supplies last.

53 Domingo, 20 de Mayo 2018 EVENTO PARA RECICLAR FILTROS Y ACEITE Recicle Usado Ilustración creada por Breeza Perez Vargas de Mecca Elementary 812 East Hobson Way Blythe, CA (760) Domingo, 20 de Mayo :00 a.m. 1:00 p.m. Traiga su filtro y aceite usado para reciclar! El aceite usado debe ser desechado en un envase limpio y libre de contaminantes. Es ILEGAL transportar más de 5 galones de aceite usado en su vehículo personal. Los par cipantes recibirán GRATIS una toalla para taller, un embudo, una bolsa para filtro y un contenedor para aceite!* CADA PERSONA QUE TRAIGA UN FILTRO DE ACEITE USADO RECIBIRÁ UN FILTRO NUEVO GRATIS! LÍMITE DE 2 FILTROS GRATIS POR PERSONA.* Financiado por CalRecycle. Patrocinado por la Asociación Gubernamental del Valle de Coachella. *Los regalos y filtros se otorgarán únicamente durante este evento, hasta agotar existencias.

54 ITEM 6H Staff Report Subject: Contact: Michael Baker International TPPS/RACE/ATP/TUMF contract extension Eric V. Cowle, Transportation Program Manager Recommendation: Approve a contract extension with Michael Baker International for one-year to December 31, Transportation Committee: CONCURS (Meeting of February 5 th ) Background: The current CVAG contract with Michael Baker International to prepare the TPPS/RACE/ATP and TUMF expired on December 31, While the TPPS, RACE and ATP have been completed, work on the TUMF has continued into The additional time required is linked to CVAG s approval process, and not the performance of the consultant. Staff is requesting a one-year, no-cost extension to the contract to allow the completion of the TUMF component of the contract. Fiscal Analysis: This is a no-cost contract extension.

55 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS AMENDMENT NUMBER THREE TO SERVICES CONTRACT WITH RBF CONSULTING, A MICHAEL BAKER INTERNATIONAL COMPANY The Services Contract (Contract) by and between the Coachella Valley Association of Governments (CVAG) and RBF Consulting, a Michael Baker International Company (Consultant) for the term of December 1, 2014 through December 1, 2016 is hereby EXTENDED as follows: CURRENT TERM: 01 December December 2017 EXTENDED TERM: 01 December December 2018 EFFECTIVE DATE OF AMENDMENT: 01 December 2017 DOLLAR VALUE: No change in authorized not-to-exceed amount. All other terms in the Original Agreement and prior amendments shall remain unchanged except as noted herein; COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS RBF CONSULTING, A MICHAEL BAKER INTERNATIONAL COMPANY By: Tom Kirk, Executive Director By: Bob Schlesinger, Office Executive Date: Date:

56 ITEM 6I Staff Report Subject: Contact: ATP Augmentation Funding for CV Link Erica Felci, Governmental Projects Manager Recommendation: Accept the $5.208 million award from the state s Active Transportation Program. Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Background: CVAG began exploring the idea of building a multi-use bicycle, pedestrian and low-speed electric vehicles (LSEVs) path along the Whitewater River channel in late In 2012, with the support of the Executive Committee, CVAG began securing funding for the project, which is now named CV Link. On January 31, 2018, the California Transportation Commission (CTC) committed another $5.208 million in active transportation funding for CV Link. This is the second consecutive funding cycle in which the statewide agency has invested in the project. California s Active Transportation Program (ATP) was created by state legislation to encourage increased use of active modes of transportation, such as biking and walking. The ATP consolidates various transportation programs including the federal Transportation Alternatives Program, state Bicycle Transportation Account, and federal and state Safe Routes to School programs into a single program to increase the proportion of biking and walking trips, improve safety for non-motorized users, ensure investments into disadvantaged communities, achieve public health goals and help achieve greenhouse gas reduction goals. The ATP award process has become an incredibly competitive program. The January 31 decision was part of a series of votes that the CTC took to fund projects under the 2017 ATP Augmentation. The ATP Augmentation was funded from the approximately $200 million in state funds that were authorized through Senate Bill 1. Projects were selected for the Augmentation based on their scores during the 2017 ATP Cycle, during which the CV Link application had a CTC score of 85.5 points. With the acceptance of the grant award, the CVAG Executive Director will take the steps necessary to allocate the funding. Because of the timing of the CTC vote, this item was not on the Transportation Committee agenda. Fiscal Analysis: This is the third ATP grant secured for CV Link. In 2014, CVAG secured $10.9 million for CV Link. In 2017, CVAG secured $5.584 million. Combined with other funding sources including grant support from the Desert Healthcare District, South Coast Air Quality Management District, California Strategic Growth Council, Riverside County Regional Park and Open Space District and Caltrans more than $86 million has been secured for CV Link.

57 ITEM 6J Staff Report Subject: Contact: Transportation Uniform Mitigation Fee (TUMF) FY 16/17 Annual and Five- Year Report Jim Sullivan, GIS Program Director Recommendation: Accept the annual and five-year report in fulfillment of the reporting requirements of the Mitigation Fee Act. Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Background: The Mitigation Fee Act (Government Code 66006) requires the local agency receiving development mitigation fees in connection with the approval of a development project to deposit the fees in separate accounts based on the purpose for which the fee was adopted, and to annually report to the public concerning the collection and use of the fees in each such account. The Mitigation Fee Act also requires a report every five years as to the unexpended portion of fees in each TUMF account. The Transportation Uniform Mitigation Fee (TUMF) Annual and Five Year Report is prepared each year to satisfy the requirements of the Mitigation Fee Act. The Coachella Valley s TUMF program, comprised of TUMF, Measure A In-Lieu, and Regional Measure A funds, generated a total of $22,833,365 during FY16/17. This figure represents a decrease of 4% in TUMF, 2% increase in Regional Measure A and a 1% increase in Measure A In-Lieu contributions from the previous fiscal year. The overall increase over FY 15/16 when rounded to the nearest whole number, is 1%. Fund FY 16/17 FY 15/16 Difference Percentage TUMF $3,083,965 $3,199,615 $(115,650) -4% In-Lieu $722,253 $712,804 $9,449 1% Regional Measure A 19,027,147 $18,651,337 $375,810 2% TOTAL 22,833,365 $22,563,755 $269,610 1% TUMF is a development impact fee and this year's decrease over last fiscal year represents the second annual decrease since the Great Recession. Regional Measure A is a portion of the halfcent sales tax which is returned to CVAG for use on regional transportation projects. Jurisdictions not collecting TUMF participate in the TUMF/Measure A program by forfeiting their share of Local Measure A to the regional arterial program. Currently all jurisdictions participate in TUMF with the City of La Quinta beginning TUMF collection in April La Quinta will continue to forfeit half of its Local Measure A until it has repaid all TUMF that was previously not collected.

58 Local Measure A is received by TUMF collecting jurisdictions for their local street and road projects. The amount of Local Measure A received is determined by a formula using two variables; dwelling units and taxable sales. Dwelling unit data is collected from the jurisdictions by CVAG staff on an annual basis. It is then forwarded to the Riverside County Transportation Commission (RCTC). Until FY 07/08, there had been a steady increase in the amount of Local Measure A received by the jurisdictions since FY 89/90. The FY 2016/17 TUMF Report is available as an electronic document at: Fiscal Analysis: Information only.

59 ITEM 6K Staff Report Subject: Contact: Intersection Improvements at Washington Street and Fred Waring Drive Eric Cowle, Transportation Program Manager Recommendation: Approve a Reimbursement Agreement with the City of La Quinta for intersection improvements at Washington Street and Fred Waring Drive for a not-toexceed amount of $1,395,555. Transportation Committee: CONCURS (Meeting of February 5 th ) Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Background: The cities of La Quinta, Palm Desert and Indian Wells have requested CVAG apply the regional cost-sharing formula for the design and construction of intersection improvements at Washington Street and Fred Waring Drive. The northeast and southeast corners of the intersection are in the City of La Quinta, the northwest corner is in the City of Palm Desert and the southwest corner in the City of Indian Wells. The Southwest Church occupies the southwest quadrant of the intersection and is adjacent to the Indian Wells Tennis Garden, home to the second largest dedicated tennis stadium in the world. Colonel Mitchell Paige Middle School is located approximately one-quarter mile north of the Washington Street and Fred Waring Drive intersection. The vacant parcel on the northeast corner of the intersection has been entitled by the City of La Quinta for a commercial development project but no construction has taken place. The project would add left turn lanes on all segments of the intersection. It is very busy during peak hours and vehicles stacked in left turn lanes are extending out into the through-traffic lanes, resulting in traffic delays. There s also significant bike and pedestrian traffic at the location because of church, school and the tennis garden. This project is not listed in the 2016 Transportation Project Prioritization Study (TPPS). CVAG jurisdictions were queried for TPPS input in 2015, with the provided projects incorporated into the TPPS. Since that time, the City of Palm Desert conducted a traffic study to review the Washington Street and Fred Waring Drive intersection. The study concluded that the performance characteristics have deteriorated to the point where additional left-turn lanes are required on all four segments of the intersection. A link to the traffic study has been provided in the attachments. Since the project was not listed in the 2016 TPPS, the applicants have projected a TPPS score using the criteria in the current TPPS for consistency to determine how the project would score.

60 Based on the analysis, the TPPS score is projected to be 9 points, which would rank it in a tie for 87 th out of the 227 buildable projects included. In 2010, CVAG participated in a corridor study looking at both Washington Street (between Interstate 10 and Avenue 48) as well as Highway 111 (between Miles Avenue and Jefferson Street). The study included the intersection of Washington Street and Highway 111. The study recommended the provision of triple left-turn lanes on the north and south bound lanes of Washington Street and other improvements. As a result of the study, a funding request from the City of La Quinta was submitted to CVAG for consideration. It should be noted that this project was not in the TPPS at the time but was given consideration due to the high traffic volumes at the intersection and the recommended capital improvements were ultimately funded by the Executive Committee. The study also indicated that the intersection of Washington Street and Fred Waring Drive was likely to be the next location to experience excessive congestion. While the 2010 study ultimately recommended the previously mentioned improvements, it also concluded that solutions to contemporary transportation problems can no longer be found solely in the construction of new or even wider roadways. The study outlined Transportation Demand Management Strategies such as transit system improvements, enhanced vehicle occupancy, parking management and increased non-motorized transportation as initiatives to consider into the future. From a bicycle and pedestrian perspective, the intersection at Washington Street and Fred Waring Drive is not improved with the proposed triple left-turn lanes. The increased crossing distance for pedestrians is mitigated by narrower lanes, resulting in a net increase in only three feet. While bicycle lanes currently exist to the east on Fred Waring Drive, there are no existing bicycle lanes at this location on either Washington Street or to the west on Fred Waring Drive. The Regional Active Transportation Plan identifies that bicycle lanes should be added on Washington Street in the future, but they are not included in this proposal. The proposed capital improvements will enable the intersection to handle high peak-season traffic demand and reduce unacceptable traffic queues that are developing near the intersection. The total cost of the proposed improvements is $1,860,745. CVAG s 75% regional share would be $1,395,555. The remaining 25% local share would be split by the three jurisdictions, with the City of La Quinta at $232,596 (50%), City of Palm Desert at $116,298 (25%) and City of Indian Wells at $116,298 (25%). The City of La Quinta has agreed to act as the Lead Agency and will develop a separate agreement to invoice the other two participating cities for reimbursement. If approved, CVAG staff proposes the inclusion of a time trigger as to when CVAG funds support may be withdrawn from this project. The time trigger will provide that construction must begin within two years of the date of execution of the project s approved Reimbursement Agreement with the City of La Quinta. If the project is not under construction after two years, the City of La Quinta will be required to again submit the project for consideration to receive CVAG regional funding support. Failure by the City of La Quinta to comply with the conditions of the time trigger will require the City to repay any regional funds advanced for the initial phases of the project which do not meet the deadlines established by the time trigger. Regional funds subject to repayment will accrue interest at the rate for the Local Agency Investment Fund (LAIF), as determined on July 1 of each year. Repayment schedules for regional funds will be subject to negotiation and approval by the CVAG Executive Committee.

61 Fiscal Analysis: The total cost of the proposed improvements is $1,860,745. CVAG s 75% regional share would be $1,395,555. Regional transportation funding is available to cover CVAG s share of the project costs. Attachments: 1. Letter from City of La Quinta 2. Traffic Analysis (Document Link) 3. Corridor Study (Document Link) 4. TPPS Scoring (Document Link) 5. Reimbursement Agreement

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65 AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF LA QUINTA WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE THIS AGREEMENT is made and entered into this 26th day of February, 2018, by and between the City of La Quinta ("Agency"), and the Coachella Valley Association of Governments, a California joint powers agency, ("CVAG"), and is made with reference to the following background facts and circumstances: RECITALS The "Coachella Valley Area Transportation Study", a valley-wide study prepared under the auspices of CVAG, has identified various transportation and highway projects throughout the Coachella Valley to be projects of regional importance. This intersection is listed in the 2016 Transportation Project Prioritization Study (TPPS) document as part of the Traffic Signal Interconnect Master Plan; and, Approval of a highway financing measure by the voters of Riverside County in November of 1988, as well as the approval of an extension of Measure A by the voters in November of 2002, has created a source of funds with which to construct such projects; and, CVAG by agreement with its member agencies and with the Riverside County Transportation Commission ("RCTC"), has been designated as the agency through which such funds are to be conveyed and disbursed for the purpose of completing said regional transportation projects; and, CVAG Executive Committee, on July 31, 2006, approved the implementation of the amended Transportation Uniform Mitigation Fee TUMF Fee Ordinance to increase the collected TUMF Fee, effective January 1, 2007; and, Under CVAG's policy of funding eligible projects with member jurisdictions, effective January 1, 2007, the responsible jurisdiction(s) will be responsible for paying Twenty-five Percent (25%) of the Project costs (the Local Share), as well as any ineligible project costs, and CVAG will be responsible for Seventy-five Percent (75%) of eligible Project costs (the Regional Share). Historically, the CVAG Regional Share has been paid as a reimbursement to the Jurisdiction, as invoices are submitted and approved; and, Agency desires to proceed with the Design and Construction phases of the project known as WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE PROJECT. The estimated cost of the Design and Construction Phases of the Project is $1,860,745. CVAG s share of the Project cost is not-to-exceed $1,395,555, being 75% of the anticipated Regional Share of the Project costs. Agency will work with the City of Palm Desert and the City of Indian Wells in the design and construction of this Project, and will develop and execute a separate agreement assigning proportional cost shares of the $465,190 25% local share of the Project. Agency

66 will be responsible for the administration of this separate funding agreement. NOW, THEREFORE, in consideration of the mutual covenants and subject to the conditions contained herein, the parties do agree as follows: 1. The program embodied in this agreement for the reimbursement of funds by CVAG shall apply only to those regional arterial projects that have heretofore been identified in CVAG s TPPS. The Project is one of the intersections contained within the Traffic Signal Interconnect Master Plan identified in the TPPS, and is therefore eligible. 2. The Project is generally described as and consists of the following: Engineering and Design phases of the project known as WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE PROJECT. These services will hereinafter be referred to as the "Project". Any excess property purchased to secure the necessary right-of-way for the Project will be shared between the Agency and the Regional Arterial Program proportionately according to the funding of the purchase by each jurisdiction participating in the Project. 3. The scope of work of the Project is more particularly described in Exhibit "A", entitled "Scope of Services " attached hereto and made a part hereof. The cost estimate for the Project is more particularly described in Exhibit "B" - "Estimate of Cost", attached hereto and made a part hereof. The cost estimates include a calculation intended to allow Agency to recover an amount representing the time of its employed staff in working on the Project as well as amount Agency shall pay to outside contractors in connection with the Project. The amount of the Jurisdiction One-Quarter and the CVAG Three-Quarters shall be calculated by reference to the cost estimates as shown on Exhibit "B" unless amended pursuant to the provisions of Paragraph 6. This Agreement shall establish a Time Trigger, which will require the start of the Construction Phase of the Project, must begin within two years of the date of execution of the Reimbursement Agreement with the City of La Quinta. 4. It is the agreement between CVAG and Agency that of the total estimated cost of the Project Design and Construction Phases of the project will be approximately $1,860,745, CVAG Regional Share will equal $1,395,555, and the Local share shall be $465,190, as well as one-hundred percent (100%) of all costs not eligible for reimbursement by CVAG. This Agreement shall establish that CVAG may decline or delay regional funds should it be determined that such action is necessary to maintain a minimum balance of regional funds. 5. Agency agrees to seek reimbursement of seventy-five percent of only those costs which are eligible for reimbursement by CVAG, as outlined in the CVAG Policies and Procedures Manual for the Regional Arterial Program, as most recently amended.

67 6. Agency shall be responsible for initial payment of all covered costs as they are incurred. Following payment of such costs, Agency shall submit invoices to CVAG requesting reimbursement of seventy-five percent of those eligible costs associated with the Project. Each invoice shall be accompanied by detailed contractor invoices, or other demands for payment addressed to Agency, and documents evidencing Agency s payment of the invoices or demands for payment. Agency shall also submit a Project Completion Report, in a form acceptable to CVAG, with each statement. Agency shall submit invoices not more often than monthly and not less often than quarterly. 6.1 Upon receipt of an invoice from Agency, CVAG may request additional documentation or explanation of the Project costs. Undisputed reimbursement amounts shall be paid by CVAG to Agency within thirty (30) days. 6.2 If a post-payment audit or review indicates that CVAG has Provided reimbursement to Agency in an amount in excess of Seventy-five Percent of eligible costs, or has provided reimbursement of ineligible Project costs, Agency shall reimburse CVAG for the excess or ineligible payments within thirty (30) days of notification by CVAG. 7. Prior to any final payment to Agency by CVAG, a final report shall be submitted to CVAG by Agency containing a record of all payments made for said Project and the source of funds of all such payments, together with a record of all change orders, cost over-runs, and other expenses incurred. Final payment will thereafter be paid by CVAG in accordance with its rules, regulations and policies concerning project cost determination and expense eligibility. 8. The format used for all bids solicited by Agency for the Project shall require itemization sufficient to allow quantities of each bid item to be easily discernible. 9. The parties agree that should unforeseen circumstances arise which result in new work not covered in Exhibit A, an increase of any costs over those shown in Exhibit B, or other changes in the Scope of Work are proposed, CVAG will in good faith consider an amendment to this Agreement to provide for further appropriate reimbursement if the proposed amendment is in accordance with the policies, procedures, and cost determination/expense eligibility criteria adopted by CVAG. Nonsubstantive changes may be made to this agreement subject to CVAG s General Counsel s approval. 10. Agency shall maintain an accounting of all funds received from CVAG pursuant to this Agreement in accordance with generally accepted accounting principles. Agency agrees to keep all Project contracts and records for a period of not less than three years from the date a notice of completion is filed by the Agency on such Project; or, if the Project is not one as to which a notice of completion would normally be recorded, for three years from the date of completion. Agency shall permit CVAG, at any reasonable time, upon reasonable notice, to inspect any records maintained in connection with the Project. CVAG shall have no duty to make any such inspection and shall not incur any liability or obligation by reason of making or not making any such inspection.

68 11. The occurrence of any one or more of the following events shall, at CVAG s option, constitute an event of default and Agency shall provide CVAG with immediate notice thereof Any warranty, representation, statement, report or certificate made or delivered to CVAG by Agency or any of Agency s officers, employees or agents now or hereafter which is incorrect, false, untrue or misleading in any material respect; 11.2 Agency shall fail to pay, perform or comply with, or otherwise shall breach, any obligation, warranty, term or condition in this Agreement or any amendment to this Agreement, or any agreement delivered in connection with the Project; or, 11.3 There shall occur any of the following: dissolution, termination of existence or insolvency of Agency; the commencement of any proceeding under any bankruptcy or insolvency law by or against Agency; entry of a court order which enjoins, restrains or in any way prevents Agency from paying sums owed to creditors. 12. No waiver of any Event of Default or breach by one party hereunder shall be implied from any omission by the other party to take action on account of such default, and no express waiver shall affect any default other than the default specified in the waiver and the waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term or condition. The consent or approval by one party to or of any act by the other party shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent or similar act. 13. This Agreement is made and entered into for the sole protection and benefit of CVAG and Agency and no third person shall have any right of action under this Agreement. 14. It is the intent of the Agency and CVAG that the Project be represented as being funded by Measure A /TUMF funds. All public notices, news releases, and documents shall indicate that the Project is being cooperatively developed by the Agency, RCTC, and CVAG using Measure A /TUMF funds. Prior to initiation of on-site construction, Agency agrees to provide at least one Project Sign to be placed in a safe and visible location near the site of construction so that all travelers passing the location have the opportunity to observe who the agencies are that are providing funds for the construction of the Project. CVAG s Policy and Procedures Manual provides a guide for Project Sign format. 15. This Agreement is for funding purposes only and nothing herein shall be construed so as to constitute CVAG as a party to the construction or in ownership or a partner or joint venturer with Agency as to the Project. The Agency shall assume the defense of, indemnify and hold harmless CVAG, its member agencies, and their respective officers, directors, agents, employees, servants, attorneys, and volunteers, and each and every one of them, from and against all actions, damages, claims, losses and expenses of every type and description to which they may be subjected or put by

69 reason of or resulting from the actions or inactions of the Agency related to the Project or taken in the performance of this Agreement or any agreement entered into by Agency with reference to the Project. CVAG shall assume the defense of, indemnify and hold harmless the Agency, its officers, directors, agents, employees, servants, attorneys, and volunteers, and each of them, from and against all actions, damages, claims, losses, and expenses of every type and description to which they may be subjected or put by reason of or resulting from the actions of CVAG taken in the performance of this Agreement. 16. Agency agrees to include in its contract specifications and bid documents a requirement that all prime contractors shall name CVAG and its member agencies as also insured on all liability insurance coverage required by Agency on each contract. Agency will provide a copy of the Insurance Certificate to CVAG, depicting CVAG and its member agencies as also insureds, within 30 days of signing a contract with the prime contractor. 17. Any dispute concerning a question of fact arising under this Agreement that is not disposed of by voluntary negotiations between the parties shall first be decided by the CVAG Executive Director or designee, who may consider any written or verbal evidence submitted by Agency. This decision shall be issued in writing. However, no action in accordance with this Section shall in any way limit either party s rights and remedies through actions in a court of law with appropriate jurisdiction. Neither the pendency of dispute nor its consideration by CVAG will excuse Agency from full and timely performance in accordance with the terms of this Agreement. 18. Any agency receiving federal funds must have an approved Disadvantaged Business Enterprise program. All recipients of Federal Highway Administration (FHWA) funds must carry out the provisions of Part 26, Title 49 of the Code of Federal Regulations (CFR) which established the Federal Department of Transportation s policy supporting the fullest possible participation of firms owned and controlled by minorities and women in the Department of Transportation programs. Except to the extent that such or other contrary federal regulations may apply, Agency covenants that, by and for itself and all persons claiming under or through it, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry in the performance of this Agreement. 19. Agency warrants that all aspects of the Project shall be undertaken in compliance with all applicable local, state and federal rules, regulations and laws. Agency will execute and deliver to CVAG such further documents and do other acts and things as CVAG may reasonably request in order to comply fully with all applicable requirements and to effect fully the purposes of this Agreement. 20. This Agreement may not be assigned without the express written consent of CVAG first being obtained. 21. Agency, its successors in interest and assigns shall be bound by all the provisions contained in this Agreement.

70 22. No officer or employee of CVAG shall be personally liable to Agency, or any successor in interest, in the event of any default or breach by CVAG or for any amount with may become due to Agency or to its successor, or for breach of any obligation of the terms of this Agreement. 23. Notwithstanding any other provision herein, CVAG shall not be liable for payment or reimbursement of any sums for which CVAG has not first obtained the necessary and appropriate funding from TUMF and/or Measure A monies. 24. No officer or employee of CVAG shall have any personal interest, direct or indirect, in this Agreement; nor shall any such officer or employee participate in any decision relating to this Agreement which effects his or her personal interest or the interest of any corporation, partnership or association in which she or he is, directly or indirectly, interested, in violation of any state, federal or local law. 25. Agency warrants that the funds received by CVAG pursuant to this Agreement shall only be used in a manner consistent with CVAG s reimbursement policy and all applicable regulations and laws. Any provision required to be included in this type of agreement by federal or state law shall be deemed to be incorporated into this Agreement. 26. All notices or other communications required or permitted hereunder shall be in writing and shall be either personally delivered (which shall include delivery by means of professional overnight courier service which confirms receipt in writing, such as Federal Express or UPS); sent by telecopier or facsimile machine capable of confirming transmission and receipt; or sent by certified or registered mail, return receipt requested, postage prepaid to the following parties at the following addresses or numbers: if to the City of La Quinta: If to CVAG: Frank J. Spevacek City Manager City of La Quinta Calle Tampico La Quinta, CA Telephone: (760) CVAG Fred Waring Drive Palm Desert, CA Telephone: (760) Notices sent in accordance with this paragraph shall be deemed delivered upon the next business day following the: (i) date of delivery as indicated on the written confirmation of delivery (if sent by overnight courier service); (ii) the date of actual receipt (if personally delivered by other means); (iii) date of transmission (if sent by telecopier or facsimile machine); or (iv) the date of delivery as indicated on the return receipt if sent by certified or registered mail, return receipt requested. Notice of change of address shall be given by written notice in the manner detailed in this paragraph.

71 27. This Agreement and the exhibits herein contain the entire agreement between the parties, and is intended by the parties to completely state the agreement in full. Any agreement or representation respecting the matter dealt with herein or the duties of any party in relation thereto, not expressly set forth in this Agreement, is null and void. 28. If any term, provision, condition, or covenant of this Agreement, or the application thereof to any party or circumstance, shall to any extent be held invalid or unenforceable, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 29. In the event either party hereto brings an action or proceeding for a declaration of the rights of the parties, for injunctive relief, for an alleged breach or default, or any other action arising out of this Agreement, or the transactions contemplated hereby, the prevailing party in any such action shall be entitled to an award of reasonable attorneys fees and costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. 30. Time is of the essence in this Agreement, and each and every provision hereof in which time is an element. 31. This Agreement and all documents provided for herein shall be governed by and construed in accordance with the laws of the State of California. Any litigation arising from this Agreement shall be adjudicated in the courts of Riverside County, Desert Judicial District, State of California. 32. Agency warrants that the execution, delivery and performance of this Agreement and any and all related documents are duly authorized and do not require the further consent or approval of any body, board or commission or other authority. 33. This Agreement may be executed in one or more counterparts and when a counterpart shall have been signed by each party hereto, each shall be deemed an original, but all of which constitute one and the same instrument.

72 COACHELLA VALLEY ASSOCIATION of GOVERNMENTS The parties hereto have caused this Reimbursement Agreement to be executed by their duly authorized representatives on the above-referenced date. ATTEST: AGENCY: CITY OF LA QUINTA By: City Manager By: Mayor CVAG By: Tom Kirk Executive Director By: Marion Ashley CVAG Chair

73 EXHIBIT "A" SCOPE OF SERVICES AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF LA QUINTA WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE The Scope of Services for this Project includes the Design and Construction Phases of the Project.

74 EXHIBIT "B" AGENCY REIMBURSEMENT AGREEMENT BY AND BETWEEN CVAG AND THE CITY OF LA QUINTA WASHINGTON STREET INTERSECTION WITH FRED WARING DRIVE The total estimated cost of the Project Approval/Environmental Document Phase of the Project is $1,860,745. In accordance with CVAG policy, CVAG agrees to pay 75% of the qualified project costs, in this case estimated as not-to-exceed $1,395,555. The City of La Quinta as Lead Agency agrees to invoice CVAG for 75% of the eligible project costs. The proportional cost shares for the City of Indian Wells and the City of Palm Desert for the Project will be established in a separate agreement that will be administered by the Agency.

75 ITEM 6L Staff Report Subject: Contact: Possible Legislation Regarding Pension Costs and JPAs Erica Felci, Governmental Projects Manager Recommendation: Authorize the Executive Director to sign letters of opposition to legislation that would shift CVAG s pension liabilities onto member agencies. Background: At the February 12 Technical Advisory Committee meeting, members reviewed the Third Amendment and Restatement of the CVAG Joint Powers Agreement (JPA). During the discussion, staff was asked about whether the update addressed pension liabilities. A representative from the League of California Cities also notified the TAC members of possible legislation related to pension liabilities for Joint Powers Authorities such as CVAG. The JPA update will be presented as a discussion item at the February 26, 2018 Executive Committee. This item is being presented separately to address the potential legislative issues that could negatively impact CVAG member jurisdictions. A spot bill Assembly Bill 1912 has been introduced by Assemblyman Freddie Rodriguez, who is the chairman of the Assembly Committee on Public Employees, Retirement, and Social Security. The legislation is currently a spot bill and the language has not been finalized. According to the League, there have been discussions that this bill could include language that would make JPA member jurisdictions responsible for any of the JPA s liabilities, including pension costs. If the bill is signed by the Governor, it would unnecessarily create a financial obligation for CVAG member agencies. Given that CVAG s committees do not meet in March, staff thought it was prudent to seek authorization to oppose any such legislative efforts, whether they are introduced through AB 1912 or other legislation. Fiscal Analysis: CVAG does offer retirement benefits to its employees through the California Public Employees' Retirement System (CalPERS). CVAG is part of a larger pool of agencies, which helps to keep the agency s costs down. CVAG has modest pension liabilities totaling about $1.9 million.

76 ITEM 6M Staff Report Subject: Support of Senate Concurrent Resolution 90 Contact: Erica Felci, Governmental Projects Manager Recommendation: Authorize the Chairman to sign a letter of support for SCR 90 and naming the 60/91/215 Interchange after California Transportation Commissioner Joe Tavaglione. Background: On February 13, CVAG was notified by the Riverside County Transportation Commission (RCTC) about an effort to designate the interchange where State Highway Routes 60 and 91 meet Interstate 215 as the Joseph Tavaglione Interchange. Senate Concurrent Resolution (SCR) 90 was introduced by Sen. Richard Roth, and it is expected to be considered by the Senate Transportation and Housing Committee in March. SCR 90 would name the interchange after Mr. Tavaglione, who has a demonstrated a longstanding commitment to funding transportation projects across Riverside County. He was first appointed to the California Transportation Commission by Governor Gray Davis in 2002 and has served as chair of the Commission. Commissioner Tavaglione has supported the CTC s financial commitments to a number of Coachella Valley projects, including those that have benefited from the Active Transportation Program. Mr. Tavaglione was reappointed to his fourth term on the CTC last year, and his term will expire in In addition to his work on the CTC, Mr. Tavaglione is President of Tavaglione Construction & Development Inc., a Riverside-based business that he started with his younger brother in RCTC has sent a letter of support for SCR 90, in which RCTC Executive Director Anne Mayer noted that Commissioner Tavaglione played a pivotal role in the 60/91/215 Interchange. A letter of support on behalf of CVAG is provided with this staff report. Fiscal Analysis: There is no fiscal impact to CVAG. SCR 90 includes language to direct Caltrans to determine the cost of the appropriate signs, which are anticipated to be funded by donations. Attachment: Letter of support for SCR 90

77 February 26, 2018 The Honorable Richard Roth California State Senate State Capitol, Room 4034 Sacramento, CA RE: Support for SCR 90 and Joseph Tavaglione Interchange Dear Senator Roth: On behalf of the Coachella Valley Association of Governments (CVAG), I would like to express our support for Senate Concurrent Resolution 90 and the efforts to designate the interchange where State Highway Routes 60 and 91 meet Interstate 215 as the Joseph Tavaglione Interchange. CVAG is the planning agency coordinating regional government services in the Coachella Valley, and our membership includes the County of Riverside, 10 cities and two tribal nations. Through Riverside County s Measure A, CVAG has been entrusted by the voters to oversee regional transportation projects. Mr. Tavaglione has demonstrated a steadfast commitment to improving transportation across our region, particularly through his work on the California Transportation Commission (CTC). His support of regional projects has resulted in more efficient travel on our interstates and roadways, and has created safer active transportation routes for pedestrians and bicyclists. Mr. Tavaglione was first appointed to the CTC in 2002 and his current term runs until He played a pivotal role in the 60/91/215 interchange and naming that interchange in his honor is a fitting tribute to his work on the project. We wholeheartedly support the efforts to recognize Mr. Tavaglione s service to the region with the interchange designation. Please don t hesitate to contact CVAG Executive Director Tom Kirk at (760) if you have questions or need additional information. Sincerely, Riverside County Supervisor Marion Ashley Chairman, CVAG Executive Committee CC: Anne Mayer, Riverside County Transportation Commission Executive Director

78 ITEM 7A Staff Report Subject: Contact: Final Audited Financial Report, Single Audit Report, Statement on Auditing Standards (SAS) 114 Letter, and Management Letter for Fiscal Year 2016/17 Gary Leong, Deputy Executive Director Recommendation: Receive and File the Reports for Fiscal Year 2016/17. Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Background: The accounting firm of Lance, Soll & Lunghard, LLP performed the annual audit on CVAG and issued an unmodified audit opinion. The auditors did not detect any material weaknesses or significant deficiencies in internal controls and there were no material audit adjustments detected by the audit process. Mr. Ryan Domino, a manager with Lance, Soll & Lunghard, LLP will be in attendance at the meeting to present the reports and to receive any questions or comments regarding the audit. The Final copies of the Comprehensive Annual Audited Financial Report, the SAS 114 Letter, and the Management Letter are available on CVAG s website at the following links: CVAG Financial Report FY 2016/2017 CVAG Single Audit Report FY 2016/2017 CVAG SAS 114 Letter FY 2016/2017 Fiscal Analysis: No financial impact.

79 ITEM 7B Staff Report Subject: Contact: Updates to the CVAG Joint Powers Agreement Erica Felci, Governmental Projects Manager Recommendation: Approve the Third Amendment and Restatement of the CVAG Joint Powers Agreement, which establishes the Agua Caliente Band of Cahuilla Indians and the Cabazon Band of Mission Indians as formal members, and direct the Executive Director to distribute to member jurisdictions for approval. Technical Advisory Committee: Concurred and requested redline version (Meeting of February 12 th ) Background: CVAG has a 45-year track record of coordinating government services in the Coachella Valley. By providing solutions to the common issues of its members, CVAG promotes a better quality of life and balanced growth for residents of central and eastern Riverside County. CVAG itself was formed in November 1973 with the approval of the first Joint Powers Agreement (JPA). In 1989 after voters passed Measure A CVAG amended and restated the JPA to specify its role as the regional transportation authority. In 1998, the JPA was amended again to include the City of Blythe as a member. CVAG s members have since authorized separate JPA agreements for the Coachella Valley Conservation Commission and for Desert Community Energy. The General Assembly is CVAG s governing body and consists of City Council members from JPA member jurisdictions, as well as all five Riverside County supervisorial districts. The Executive Committee is the governing arm of the General Assembly. This structure was created for efficiency due to the complexities in coordinating a General Assembly quorum for monthly meetings to conduct CVAG business. Since CVAG s inception, JPA member jurisdictions agreed that the Executive Committee would be made up of the Mayors of the member jurisdictions or their alternate/designee, so long as they are sitting elected members of the city. All five Riverside County Supervisors were also made members of the Executive Committee. Over the years, members have suggested that CVAG s founding documents should be reviewed. In 2015, for example, CVAG staff was asked by Rancho Mirage Councilman Dana Hobart to explain why the supervisors get five votes at the Executive Committee when cities get one vote. The founding documents were also reviewed by CVAG s new legal counsel Jenkins & Hogin, LLP, which was hired in September 2017 as part of the firm s research to get familiar with CVAG s structure and practices. After this review, legal counsel has drafted a Third Amendment and Restatement of the JPA (attached) that better reflects CVAG s current mission and organizational structure.

80 The biggest change with the Third Amendment is the inclusion of the Agua Caliente Band of Cahuilla Indians and the Cabazon Band of Mission Indians. The governments in the Coachella Valley have long benefited from a unique relationship with the local tribal nations, whose reservations span across several local cities. For decades, representatives of the Agua Caliente and the Cabazon tribes have participated in regional decisions through their attendance at CVAG. Both tribes have been considered voting members. They also have been paying dues like member jurisdictions do since fiscal year 1999/2000. Yet, the JPA has not been formally revised to include them. In addition, there been legislative changes that better clarify the role that tribal nations have with agencies such as CVAG. In 2011, the Governor signed Assembly Bill 307, which was legislation authored by then-assemblymember Brian Nestande to clarify that federally recognized Indian tribes could enter into joint powers agreements. The Third Amendment also includes some wording changes and technical changes that have been reviewed by CVAG Legal Counsel, including the removal of language pertaining to an implementation agreement. This language was not in the original JPA and CVAG records do not disclose why it was incorporated into later amendments. According to Legal Counsel s review, the language is atypical for an organization like CVAG. Removing it from the JPA does not impact the Executive Committee s oversight nor the checks and balances that have existed since CVAG s creation. Both the Agua Caliente and the Cabazon tribes have expressed an interest in amending the JPA to formalize their membership with CVAG. The Agua Caliente Band of Cahuilla Indians Tribal Council also took a vote on January 9 to approve formal participation in CVAG with the understanding that the Tribe would see the JPA wording after it was approved by the Executive Committee. The Third Amendment was presented to the Technical Advisory Committee at the February 12 meeting. The TAC members requested a redline version of the amendment so the changes were more easily identified. CVAG staff provided that version, as well as an errata memo, on February 14 and are providing both with this staff report. Once approved by the Executive Committee, CVAG staff will recirculate the JPA to all its member jurisdictions for their approval and continued inclusion in CVAG. Fiscal Analysis: There is no fiscal impact to the JPA amendment and restatement. The costs involved in recirculating the JPA will be covered under existing staff time. Representatives of the Agua Caliente and the Cabazon tribes have been, and will continue to, receive per diems for attending meetings. The longstanding practice of dues assessment will also continue as normal. These assessments are based on the lowest dues paid by jurisdictions. In fiscal year 2017/18, the assessment was $8,509 for both the Agua Caliente and the Cabazon tribes. Attachments: Third Amendment and Restatement of CVAG JPA Third Amendment, redline version of changes Errata Memo to TAC, February 14, 2018

81 THIRD AMENDMENT AND RESTATEMENT OF THE JOINT POWERS AGREEMENT OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS This Third Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments ( Agreement ) is intended to be a restatement and amendment of the Joint Powers Agreement of the Coachella Valley Association of Governments entered into on or about November 1973, and amended on or about June 26, This Agreement is made and entered into on the day of, 2018 pursuant to Government Code Section 6500 et seq. and other pertinent provisions of law, by and between some or all of the following public agencies: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) County of Riverside City of Coachella City of Indio City of La Quinta City of Indian Wells City of Palm Desert City of Rancho Mirage City of Cathedral City City of Palm Springs City of Desert Hot Springs City of Blythe Agua Caliente Band of Cahuilla Indians Cabazon Band of Mission Indians 1

82 RECITALS A. Each member and party to this Agreement is a public agency, as that term is defined in Government Code Section 6500, established by law with full powers of government in legislative, administrative, financial, and other related fields. B. The Coachella Valley Association of Governments was formed in 1973 so that its members might coordinate and improve the planning and delivery of governmental responsibilities common to all the member entities within the local region; C. The public interest requires that a multijurisdictional agency in the Coachella Valley explore areas of inter-governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern to its members; D. The public interest requires that an agency with the aforementioned goals not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues, if any); E. Each member, by and through its legislative body, has determined that a multijurisdictional organization to assist in planning and voluntary coordination among the public agencies in the Coachella Valley is required in furtherance of the public interest, necessity, and convenience; F. Each member, by and through its legislative body, has independently determined that the public interest, convenience and necessity require the execution of this Agreement by and on behalf of each such member; and G. The purpose of this Third Amendment and Restatement is to update and restate in its entirety the existing joint powers agreement for the continuing and ongoing operation of CVAG. 2

83 NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: I. PURPOSE AND POWERS 1.1 Agency Created. There is hereby created a public entity to be known as the Coachella Valley Association of Governments ( CVAG ). CVAG is formed by this Agreement pursuant to the provisions of Government Code Section 6500 et seq. and other pertinent provisions of law. CVAG shall be a public entity separate from the parties hereto. 1.2 Powers CVAG shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, CVAG shall: a. Serve as a forum for consideration, study, and recommendation on areawide and regional problems; b. Assemble information helpful in the consideration of problems peculiar to the desert regions; c. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of local public welfare and means of improvement in the administration of governmental services; and d. Serve as the clearing house review body for federally-funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments CVAG shall have the power in its own name to do any of the following: a. To exercise jointly the common powers of its members to manage and administer any program; b. To make and enter into contracts; 3

84 c. To employ agents, officers, and employees; d. To contract for the services of engineers, attorneys, planners, financial consultants and separate and apart therefrom to employ such other persons, as it deems necessary; e. To incur debts, liabilities, obligations, and issue bonds; f. To adopt rules, regulations, policies, bylaws, and procedures governing the operation of CVAG; g. To apply for an appropriate grant or grants under any federal, state, or local program; h. To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity; i. To acquire, hold, and dispose of property by eminent domain, lease, lease purchase, or sale; j. To lease, acquire, construct, manage, maintain, and operate any buildings works, or improvements; and k. To sue and be sued in its own name CVAG shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and the Bylaws. In accordance with Government Code Section 6509, the powers of CVAG shall be exercised in the manner prescribed in the Joint Exercise of Powers Act, Government Code Sections 6500 et seq., as that Act now exists and may hereafter be amended, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the County of Riverside, a charter law county, in the exercise of similar powers; provided, however, that if the County of Riverside shall cease to be a member, then 4

85 CVAG shall be restricted in the exercise of its power in the same manner as the City of Palm Desert, a charter law city. II. ORGANIZATION OF ASSOCIATION 2.1 Membership. The parties to CVAG shall each be a public agency which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement thereto, and which has not, pursuant to provisions hereof, withdrawn therefrom. 2.2 Names. The names, particular capacities, and addresses of the parties at any time shall be shown on Exhibit A attached hereto, as amended or supplemented from time to time. 2.3 Duties. CVAG shall do whatever is necessary and required to carry out the purposes of this Agreement and to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such Agreement, within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California. 2.4 Governing Body CVAG shall be governed by a General Assembly with membership consisting of the County of Riverside and each member city and Indian tribe which is a signatory to this Agreement. Each member agency of the General Assembly shall have five (5) votes in the General Assembly and each vote shall be vested in and be exercised by a mayor, council member, a tribal council member or county supervisor or each of the entities representatives respective appointed delegees, who need not be elected officials. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a 5

86 majority of the General Assembly provided that a majority of the member agencies are present. The General Assembly may adopt and amend by-laws for the administration and management of this Agreement There shall be an Executive Committee that exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the mayor from each of the member cities, the tribal chair from each Indian tribe, and the five members of the Riverside County Board of Supervisors, except any city council, at its discretion, may appoint a mayor pro tem or other current city council member in place of the mayor and any Indian tribal council may appoint one of its current council members in place of the tribal chair. The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the member agencies Each participating member on the Executive Committee shall also have an alternate, who must also be a current member of the legislative body of the party such alternate represents, with the exception of the alternates to the members representing the County of Riverside, who need not be elected officials. The name of the alternate members shall be on file with the Executive Committee. An alternate member shall assume all rights and duties of the absent member Each participating member and alternate shall hold office from the first meeting of the Executive Committee after their appointment until a successor is named. Participating members and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the party such member represents Participating members and alternates of the Executive Committee shall receive no compensation but may be reimbursed for expenses necessarily and reasonably incurred in connection with their service on the Executive Committee. 6

87 2.5 Principal Office. The principal office of CVAG shall be established by the Executive Committee and shall be located within the Coachella Valley. The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within the Coachella Valley. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement. 2.6 Meetings. The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee. The time and place of regular meetings of the Executive Committee shall be determined by resolution adopted by the Executive Committee; a copy of such resolution shall be furnished to each party hereto. Regular, special, and adjourned meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section et seq., as it may be amended. 2.7 Powers and Limitations Thereon. All of the powers and authorities of the agency shall be exercised by the General Assembly and its Executive Committee. Unless otherwise provided herein, each member or participating alternate shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the agency. 2.8 Minutes. The Secretary of the agency shall cause to be kept minutes of regular, special, and adjourned meetings of the General Assembly and Executive Committee, and shall cause a copy of the minutes to be forwarded to each of the members hereto. 7

88 2.9 Rules. The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement Vote or Assent of Parties. The vote, assent, or approval of parties in any manner requiring such vote, assent, or approval hereunder shall be evidenced by a certified copy of the action of the legislative body of such party filed with the agency. It shall be the responsibility of the Executive Director to obtain certified copies of said actions Officers. There shall be selected from the membership of the Executive Committee, a chair and a vice chair. The Executive Director shall be the secretary. The Executive Committee shall designate an officer or employee of a member public agency to hold the office of treasurer for CVAG. Such person shall possess the powers of, and shall perform the treasurer functions for, CVAG and perform those functions required by Government Code Sections 6505, , and , including any subsequent amendments thereto. The chair and vice-chair, shall hold office for a period of one year commencing July 1st of each and every fiscal year. Except for the Executive Director, any officer, employee, or agent of the Executive Committee may also be an officer, employee, or agent of any of the members. The appointment by the Executive Committee of such a person shall be evidence that the two positions are compatible Committees. The Executive Committee may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. All committee meetings of CVAG shall be open to all members. 8

89 2.13 Additional Officers and Employees. The Executive Committee shall have the power to appoint such additional officers and to employ such employees and assistants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of CVAG shall be the members of the Executive Committee, the treasurer, the Executive Director, and any other officers or persons to be designated or empowered by the Executive Committee. Each such officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of CVAG Status of Officers and Employees. All of the privileges and immunities from liability, exemption or immunity from laws, ordinances, and rules, all pension, relief, disability, worker s compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Executive Committee shall be deemed, by reason of their employment by the Executive Committee, to be employed by any of the members or, by reason of their employment by the Executive Committee, to be subject to any of the requirements of such members. 9

90 III. FUNDS AND PROPERTY 3.1 Treasurer. The Executive Committee shall designate the treasurer or other officer or employee of one of the member agencies to serve as treasurer for CVAG and he or she shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section and other applicable laws of the State of California. He or she shall perform all of the duties required in Government Code Section 6505 et seq. 3.2 Expenditure of Funds. The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed. 3.3 Fiscal year. CVAG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of CVAG during the fiscal year. 3.4 Contributions/Public Funds. In preparing the budget, the General Assembly by majority vote of a quorum shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions, fifty-percent (50%) of which will be assessed on a per capita basis and fifty-percent (50%) on an assessed valuation basis, each city paying on the basis of its population and assessed valuation and the County paying on the basis of the population and assessed valuation within the unincorporated area of Coachella Valley as defined in the bylaws. Contributions from the Indian tribes shall be equal to the lowest contribution assessed 10

91 against any single CVAG member jurisdiction. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed. In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of CVAG. The General Assembly shall have the power to determine that personnel, equipment, or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances. All contributions and funds shall be paid to CVAG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget. 3.5 Control and Investment of CVAG Funds. The Governing Board shall adopt a policy for the control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. IV. BUDGETS AND DISBURSEMENTS 4.1 Annual Budget. The General Assembly shall adopt upon the approval of a quorum of the members of the General Assembly, an annual budget, for the ensuing fiscal year, pursuant to procedures developed by the General Assembly. The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to CVAG for its purposes during a fiscal year. 11

92 4.2 Disbursements. The Executive Director shall request warrants from the treasurer in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly review by the Executive Committee. The treasurer shall pay such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and bylaws adopted by the Executive Committee. 4.3 Accounts. All funds will be placed in accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Gov. Code Section 6505 et seq. and any other applicable laws of the State of California. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Executive Committee. 4.4 Blythe Transportation Funds. Coachella Valley and Blythe/Palo Verde Valley transportation-related funds shall not be commingled without the approval by two-thirds vote of the Executive Committee, one of which votes must be by the voting member representing the City of Blythe. 4.5 Expenditures within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee. 4.6 Audit. The records and accounts of CVAG shall be audited annually by an independent certified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller, and each party to CVAG no later than fifteen (15) days after receipt of said audit by the Executive Committee. 12

93 4.7 Reimbursement of Funds. Grant funds received by CVAG from any federal, state, or local agency to pay for budgeted expenditures for which CVAG has received all or a portion of said funds from the parties hereto shall be used as determined by CVAG s Executive Committee. V. LIABILITIES 5.1 Liabilities. The debts, liabilities, and obligations of CVAG shall be the debts, liabilities, or obligations of CVAG alone and not of the parties to this Agreement. 5.2 Hold Harmless and Indemnity. Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its officials, officers, employees, or agents. Where the General Assembly or Executive Committee itself or its officers, employees, or agents are held liable for injuries to persons or property, each party s liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the General Assembly or Executive Committee created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. 13

94 VI. ADMISSION AND WITHDRAWAL OF PARTIES 6.1 Admission of New Parties. It is recognized that public agencies, other than those that are a party to this Agreement, may wish to participate in CVAG. Additional public agencies may become parties to CVAG upon such terms and conditions as provided by the General Assembly or Executive Committee and the consent of two-thirds (2/3) of the existing parties to CVAG, evidenced by the execution of a written addendum to this Agreement, and signed by all of the parties including the additional party. 6.2 Withdrawal from CVAG. It is fully anticipated that each party hereto shall participate in CVAG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows: A. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to CVAG, one (1) year and ninety (90) days prior to the effective date of withdrawal; B. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by CVAG prior to the effective date of the parties notice of withdrawal; C. Withdrawal shall result in the forfeiture of that party s rights and claims relating to distribution of property and funds upon termination of CVAG as set forth in Section 7 below; and 14

95 D. Failure of a party to approve this Agreement within ninety (90) days following approval by a majority of the membership shall constitute withdrawal for purposes of this Section 6.2. VII. TERMINATION AND DISPOSITION OF ASSETS 7.1 Termination of this Agreement. CVAG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that CVAG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of CVAG. Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from CVAG of a sufficient number of the agencies enumerated herein so as to leave less than five (5) of the enumerated agencies remaining in CVAG. 7.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in CVAG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of returning to each party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any. VIII. MISCELLANEOUS 8.1 Amendments. This Agreement may be amended with the approval of not less than a majority vote of all members. 15

96 8.2 Notices. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit A, shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid. 8.3 Effective Date. This Agreement shall be effective at such time as this Agreement has been executed by a majority of the public agencies enumerated herein. 8.4 Arbitration. Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and CVAG, with respect to disputes, demands, differences, controversies, or misunderstandings arising in relation to interpretation of this Agreement, or any breach thereof, shall be submitted to and determined by arbitration. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and CVAG. Such notice shall designate as respondents such other parties as the initiating party intends to have bound by any award made therein. Any party not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the initiating party and the respondent shall each designate a person to act as an arbitrator. The two designated arbitrators shall mutually designate a third person to serve as arbitrator. 16

97 The three arbitrators shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et seq. The parties to this Agreement agree that the decision of the arbitrators will be binding. 8.5 Limited Waiver of Sovereign Immunity. Notwithstanding Section 8.12 below, the Indian tribes enumerated herein do not waive, limit, or modify their sovereign immunity against contested suit except as specifically provided in this Section 8.5. The Indian tribes hereby individually agree to waive their sovereign immunity solely for the limited purpose of authorizing only the other Indian tribes enumerated herein, CVAG, County of Riverside, City of Coachella, City of Indio, City of La Quinta, City of Indian Wells, City of Palm Desert, City of Rancho Mirage, City of Cathedral City, City of Palm Springs, City of Desert Hot Springs, and City of Blythe (the Covered Parties ) (1) to initiate an arbitration seeking to enforce all rights granted to the Covered Parties under this Agreement; (2) to seek provisional remedies in aid of arbitration; or (3) to enforce an arbitration award. In the event the Indian tribes enumerated herein and the Covered Parties have a dispute and are unable to resolve the dispute without litigation, the only jurisdiction and venue for litigation arising from and/or related to this Agreement shall be either the United States District Court, Central District of California, Riverside Branch, or the Superior Court of the State of California, County of Riverside. 8.6 Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants, or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. The governing body of each of the members hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Agreement, 17

98 irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Agreement be declared invalid or unenforceable. 8.7 Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. 8.8 Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties. 8.9 Execution. The Board of Supervisors of the County of Riverside, the city councils of the cities and the tribal councils of the Indian tribes enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. Upon the approval of this Agreement by a majority vote of the existing members of CVAG, the Second Restatement and Amendment of the Joint Powers Agreement of the Coachella Valley Association of Governments and all prior versions of same shall be superseded, void, and of no effect Governing Law. This Agreement shall be deemed to have been made, and shall be construed and interpreted, in accordance with the laws of the State of California Execution in Counterparts. This Agreement may be executed on behalf of the respective members in one or more counterparts, all of which shall collectively constitute one agreement Enforcement of Agreement. CVAG is hereby authorized to take any or all legal or equitable actions, including but not limited to injunctive relief and specific performance, necessary or permitted by law to enforce this Agreement. 18

99 8.13 No Third-Party Beneficiaries. This Agreement is intended solely for the benefit of the CVAG and the parties to this Agreement, and no third party shall be deemed to be a beneficiary or to have any rights hereunder against the Association or any of its members. The members of this Third Restated and Amended Joint Powers Agreement have caused this Agreement to be executed on their behalf as of the date specified below, respectively, as follows: [SIGNATURES ON FOLLOWING PAGES] COUNTY OF RIVERSIDE CITY OF CATHEDRAL CITY By: Date: By: Date: CITY OF COACHELLA CITY OF DESERT HOT SPRINGS By: Date: By: Date: CITY OF PALM SPRINGS CITY OF PALM DESERT By: Date: By: Date: 19

100 CITY OF RANCHO MIRAGE CITY OF BLYTHE By: Date: By: Date: CITY OF INDIAN WELLS CITY OF LA QUINTA By: Date: By: Date: CITY OF INDIO By: Date: AGUA CALIENTE BAND OF CAHUILLA INDIANS By: Date: CABAZON BAND OF MISSION INDIANS By: Date: 20

101 THIRDSECOND AMENDMENT AND RESTATEMENT OF THE JOINT POWERS AGREEMENT OF THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS This Third Amendment and Restatement of the Joint Powers Agreement of the Coachella Valley Association of Governments ( Agreement )This Agreement is intended to be a restatement and amendment of the Joint Powers Agreement Formation of the Coachella Valley Association of Governments entered into on or about November 1973, and amended on or about June 26, This Agreement is made and entered into on the day of, th day of June 1998 pursuant to Government Code Section 6500 et seq. and other pertinent provisions of law, by and between some or all of the following public agencies: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l) (m) County of Riverside City of Coachella City of Indio City of La Quinta City of Indian Wells City of Palm Desert City of Rancho Mirage City of Cathedral City City of Palm Springs City of Desert Hot Springs City of Blythe Agua Caliente Band of Cahuilla Indians Cabazon Band of Mission Indians RECITALS

102 A. Each member and party to this Agreement is a governmental entity public agency as that term is defined in Government Code Section 6500 established by law with full powers of government in legislative, administrative, financial, and other related fields. B. The Coachella Valley Association of Governments ("CVAG") was formed in 1973 so that its members might coordinate and improve the planning and delivery of governmental responsibilities common to all the member entities within the local region. C. The public interest requires that a multijurisdictional agency in the Coachella Valley explore areas of inter-governmental cooperation and coordination of government programs and provide recommendations and solutions to problems of common and general concern to its members; D. The public interest requires that an agency with the aforementioned goals not possess the authority to compel any of its members to conduct any activities or implement any plans or strategies that they do not wish to undertake (except for the payment of dues, if any); E. Each member, by and through its legislative body, has determined that a multijurisdictional organization to assist in planning and voluntary coordination among the public agencies in the Coachella Valley is required in furtherance of the public interest, necessity and convenience; F. Each member, by and through its legislative body, has independently determined that the public interest, convenience and necessity require the execution of this Agreement by and on behalf of each such member; and B.G. The purpose of this Third Amendment and Restatement is to update the existing joint powers agreement for the continuing and ongoing operation of CVAG. The original members contemplated that other public entities might wish to become parties of CVAG. To that end, the original Joint Powers Agreement and

103 the First Amendment thereto provided for the admission of additional Coachella Valley public entities. While the original member Cities are located within the Coachella Valley, the parties recognize that other public entities within the Riverside County desert area can contribute to and benefit from CVAG's efforts. Accordingly, the members now seek to widen the scope of participation in CVAG to include other public entities and tribes within the area. Specifically, the parties desire that the city of Blythe be admitted as a member of CVAG. Prior to admission hereunder, Blythe was the only city in Riverside County not affiliated with either CVAG or WRCOG. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the parties hereto agree as follows: I. PURPOSE AND POWERS 1.1. Agency Created. There is hereby created a public entity to be known as the "Coachella Valley Association of Governments." ("CVAG"). CVAG is formed by this Agreement pursuant to the provisions of Government Code Section 6500 et seq. and other pertinent provisions of law. CVAG shall be a public entity separate from the parties hereto Powers CVAG established hereunder shall perform all necessary functions to fulfill the purposes of this Agreement. Among other functions, CVAG shall:

104 a. Serve as a forum for consideration, study, and recommendation on area- wide and regional problems; b. Assemble information helpful in the consideration of problems peculiar to the desert regions; c. Explore practical avenues for intergovernmental cooperation, coordination, and action in the interest of local public welfare and means of improvement in the administration of governmental services; and d. Serve as the clearing house review body for Ffederally-funded projects in accordance with Circular A-95 in conjunction with the Southern California Association of Governments When authorized pursuant to an Implementation Agreement, CVAG shall have the power in its own name to do any of the following: a. To exercise jointly the common powers of its members to manage and administer any Implementation Agreement program; b. To make and enter into contracts; c. To employ agents, officers and employees; cd. To contract for the services of engineers, attorneys, planners, financial consultants and separate and apart therefrom to employ such other persons, as it deems necessary; de. To incur debts, liabilities, obligations, and issue bonds; ef. To adopt rules, regulations, policies, bylaws and procedures governing the operation of CVAG in accordance with an Implementation Agreement; fg. To apply for an appropriate grant or grants under any federal, state, or local program for assistance in developing an Implementation Agreement program; gh. To receive gifts, contributions, and donations of property, funds, services, and other forms of financial assistance from persons, firms, corporations, and any governmental entity;

105 hi. To acquire, hold, and dispose of property by eminent domain, lease, lease purchase or salein accordance with the Implementation Agreement and subject to the conditions therein; j. To lease, acquire, construct, manage, maintain, and operate any buildings works, or improvements; and jk. To sue and be sued in its own name. k. To the extent not herein specifically provided for, to exercise any powers authorized by an Implementation Agreement in furtherance of said agreement s purpose CVAG shall, in addition, have all implied powers necessary to perform its functions. It shall exercise its powers only in a manner consistent with the provisions of applicable law, this Agreement and the Bylaws. In accordance with Government Code Section 6509, the powers of CVAG shall be exercised in the manner prescribed in the Joint Exercise of Powers Act, Government Code Sections 6500 et seq., as that Act now exists and may hereafter be amended, and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the County of Riverside, a charter law county, in the exercise of similar powers; provided however, that if the County of Riverside shall cease to be a member, then CVAG shall be restricted in the exercise of its power in the same manner as the City of Palm Desert, a charter law city Membership. II. ORGANIZATION OF ASSOCIATION The parties to CVAG shall be each be a public entity agency which has executed or hereafter executes this Agreement, or any addenda, amendment, or supplement thereto, and which has not, pursuant to provisions hereof, withdrawn therefrom.

106 2.2. Names. The names, particular capacities, and addresses of the parties at any time shall be shown on Exhibit "A" attached hereto, as amended or supplemented from time to time. 2.3 Duties. CVAG shall do whatever is necessary and required to carry out the purposes of this Agreement and when authorized by an Implementation Agreement, to make and enter into such contracts, incur such debts and obligations, assess contributions from the members, and perform such other acts as are necessary to the accomplishment of the purposes of such Agreement, within the provisions of Government Code Section 6500 et seq. and as prescribed by the laws of the State of California Governing Body CVAG shall be governed by a General Assembly with membership consisting of the County of Riverside and each member city and Indian tribe which is a signatory to this Agreement. Each member agency of the General Assembly shall have five (5) votes in the General Assembly and each vote shall be vested in and be exercised by a mayor, council member, a tribal council member or county supervisor or each of the entities representatives respective appointed delegees, who need not be elected officials. The General Assembly shall act only upon a majority of a quorum. A quorum shall consist of a majority of the General Assembly provided that a majority of the member agencies are present. The General Assembly may adopt and amend by-laws for the administration and management of this Agreement, which when adopted and approved shall be an integral part of this Agreement. Such by-laws may provide for the management and administration of this Agreement There shall be an Executive Committee that exercises the powers of this Agreement between sessions of the General Assembly. Members of the Executive Committee shall be the mayor, or the mayor's designee, from each of the member cities, the tribal chair from each Indian tribe, and the five members of the Riverside County Board of Supervisors,

107 except any Ccity Ccouncil, at its discretion, canmay appoint a Mmayor Ppro Ttem or other current city council member in place of the Mmayor and any Indian tribal council may appoint one of its current council members in place of the tribal chair. The Executive Committee shall act only upon a majority of a quorum. A quorum shall consist of a majority of the member agencies Each member of the General Assembly and the Executive Committee shall be a current member of the legislative body such member represents Each participating member on the Executive Committee shall also have an alternate, who must also be a current member of the legislative body of the party such alternative represents, with the exception of the alternates to the members representing the County of Riverside, who need not be elected officials. The name of the alternate members shall be on file with the Executive Committee. An alternate member shall assume all rights and duties of the absent member Each participating member and alternate shall hold office from the first meeting of the Executive Committee after their appointment by the City Council or Board of Supervisors until a successor is named. Participating Mmembers and alternates shall be appointed by and serve at the pleasure of their appointing body and may be removed at any time, with or without cause, at the sole discretion of the legislative body of the party such member represents Participating members and alternates of the Executive Committee shall receive no compensation but may be reimbursed for expenses necessarily and reasonably incurred in connection with their service on the Executive Committee Principal Office. The principal office of CVAG shall be established by the Executive Committee and shall be located within the Coachella Valley. The Executive Committee is hereby granted full power and authority to change said principal office from one location to another within the

108 Coachella Valley. Any change shall be noted by the Secretary under this section but shall not be considered an amendment to this Agreement Meetings. The Executive Committee shall meet at the principal office of the agency or at such other place as may be designated by the Executive Committee. The time and place of regular meetings of the Executive Committee shall be determined by resolution adopted by the Executive Committee; a copy of such resolution shall be furnished to each party hereto. Regular, special and adjourned and special meetings shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act, Government Code Section et seq., as it may be amended Powers and Limitations Thereon. All of the powers and authorities of the agency shall be exercised by the General Assembly and its Executive Committee. Unless otherwise provided herein, each member or participating alternate shall be entitled to one vote, and a vote of the majority of those present and qualified to vote constituting a quorum may adopt any motion, resolution, or order and take any other action they deem appropriate to carry forward the objectives of the agency Minutes. The Secretary of the agency shall cause to be kept minutes of regular, special and adjourned regular and special meetings of the General Assembly and Executive Committee, and shall cause a copy of the minutes to be forwarded to each member and to each of the members hereto Rules. The Executive Committee may adopt from time to time such rules and regulations for the conduct of its affairs consistent with this Agreement or any Implementation Agreement Vote or Assent of Parties.

109 The vote, assent, or approval of parties in any manner requiring such vote, assent, or approval hereunder shall be evidenced by a certified copy of the action of the governing body of such party filed with the agency. It shall be the responsibility of the Executive Director to obtain certified copies of said actions Officers. There shall be selected from the membership of the Executive Committee, a chairman and a vice chairman. The Executive Director shall be the Ssecretary. The Executive Committee shall designate an officer or employee of a member public agency to hold the office of treasurer for CVAG. Such person shall possess the powers of, and shall perform the treasurer functions for, CVAG and perform those functions required by Government Code Sections 6505, , and , including any subsequent amendments thereto. The chair and vice-chair, shall hold office for a period of one year commencing July 1st of each and every fiscal year; provided, however, the first chairman and vice chairman appointed shall hold office from the date of appointment to June 3Oth of the ensuing fiscal year. Except for the Executive Director, any officer, employee, or agent of the Executive Committee may also be an officer, employee, or agent of any of the members. The appointment by the Executive Committee of such a person shall be evidence that the two positions are compatible Committees. The Executive Committee may, as it deems appropriate, appoint committees to accomplish the purposes set forth herein. All committee meetings of CVAG shall be open to all members Additional Officers and Employees. The Executive Committee shall have the power to appoint such additional officers and to employ such employees and assistants as may be appropriate. Such officers and employees may also be, but are not required to be, officers and employees of the individual members.

110 2.14. Bonding Requirement. The officers or persons who have charge of, handle, or have access to any property of CVAG shall be the members of the Executive Committee, the treasurer, the Executive Director, and any other officers or persons to be designated or empowered by the Executive Committee. Each such officer or person shall be required to file an official bond with the Executive Committee in an amount which shall be established by the Executive Committee. Should the existing bond or bonds of any such officer be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bonds attributable to the coverage required herein shall be appropriate expenses of CVAG Status of Officers and Employees. All of the privileges and immunities from liability, exemption or immunity from laws, ordinances, and rules, all pension, relief, disability, worker's compensation, and other benefits which apply to the activity of officers, agents, or employees of any of the members when performing their respective functions shall apply to them to the same degree and extent while engaged in the performance of any of the functions and other duties under this Agreement. None of the officers, agents, or employees appointed by the Executive Committee shall be deemed, by reason of their employment by the Executive Committee, to be employed by any of the members ofr, by reason of their employment by the Executive Committee, to be subject to any of the requirements of such members. III. FUNDS AND PROPERTY 3.1. Treasurer. The Executive Committee shall designate the treasurer or other officer or employee of one of the member agencies to serve as Ttreasurer as depository for CVAG and he or she shall have custody of all funds and shall provide for strict accountability thereof in accordance with Government Code Section

111 and other applicable laws of the State of California. He or she shall perform all of the duties required by him in Government Code Section 6505 et seq Expenditure of ffunds. The funds under this Agreement shall be expended only in furtherance of the purposes hereof and in accordance with the laws of the State of California and standard accounting practices shall be used to account for all funds received and disbursed Fiscal y ear. CVAG shall be operated on a fiscal year basis, beginning on July 1 of each year and continuing until June 30 of the succeeding year. Prior to July 1 of each year, the General Assembly shall adopt a final budget for the expenditures of CVAG during the fiscal year Contributions/Public Funds. In preparing the budget, the General Assembly by majority vote of a quorum shall determine the amount of funds which will be required from its members for the purposes of this Agreement. The funds required from its members after approval of the final budget shall be raised by contributions, fifty-percent (50%) of which will be assessed on a per capita basis and fifty-percent (50%) on an assessed valuation basis, each city paying on the basis of its population and assessed valuation and the County paying on the basis of the population and assessed valuation within the unincorporated area of Coachella Valley as defined in the by-laws. Contributions from the Indian tribes shall be equal to the lowest contribution assessed against any single CVAG member jurisdiction. The parties, when informed of their respective contributions, shall pay the same before August 1st of the fiscal year for which they are assessed.

112 In addition to the contributions provided, advances of public funds from the parties may be made for the purposes of this Agreement. When such advances are made, they shall be repaid from the first available funds of CVAG. The General Assembly shall have the power to determine that personnel, equipment, or property of one or more of the parties to the Agreement may be used in lieu of fund contributions or advances. All contributions and funds shall be paid to CVAG and shall be disbursed by a majority vote of a quorum of the Executive Committee, as authorized by the approved budget Control and Investment of CVAG Funds. The Governing Board shall adopt a policy for the control and investment of its funds and shall require strict compliance with such policy. The policy shall comply, in all respects, with all provisions of applicable law. IV. BUDGETS AND DISBURSEMENTS 4.1. Annual Budget. The General Assembly shall adopt upon the approval of a quorum of the members of the General Assembly, an annual budget, for the ensuing fiscal year, pursuant to procedures developed by the General Assembly. The Executive Committee may at any time amend the budget to incorporate additional income and disbursements that might become available to CVAG for its purposes during a fiscal year Disbursements. The Executive Director shall request warrants from the Ttreasurer in accordance with budgets approved by the General Assembly or Executive Committee subject to quarterly

113 review by the Executive Committee. The Ttreasurer shall pay such claims or disbursements and such requisition for payment in accordance with rules, regulations, policies, procedures, and bylaws adopted by the Executive Committee Accounts. All funds other than any Implementation Agreement funds will be placed in accounts and the receipt, transfer, or disbursement of such funds during the term of this Agreement shall be accounted for in accordance with generally accepted accounting principles applicable to governmental entities and pursuant to Gov. Code Section 6505 et seq. and any other applicable laws of the State of California. There shall be strict accountability of all funds. All revenues and expenditures shall be reported to the Executive Committee Blythe Transportation Funds. Coachella Valley and Blythe/Palo Verde Valley transportation-related funds shall not be commingled without the approval by two-thirds vote of the Executive Committee, one of which votes must be by the voting member representing the City of Blythe Expenditures Within Approved Annual Budget. All expenditures shall be made within the approved annual budget. No expenditures in excess of those budgeted shall be made without the approval of a majority of a quorum of the Executive Committee Audit. The records and accounts of CVAG shall be audited annually by an independent certified public accountant and copies of such audit report shall be filed with the County Auditor, State Controller, and each party to CVAG no later than fifteen (15) days after receipt of said audit by the Executive Committee Reimbursement of Funds.

114 Grant funds received by CVAG from any federal, state, or local agency to pay for budgeted expenditures for which CVAG has received all or a portion of said funds from the parties hereto shall be used as determined by CVAG's Executive Committee. V. LIABILITIES 5.1. Liabilities. The debts, liabilities, and obligations of CVAG shall be the debts, liabilities, or obligations of CVAG alone and not of the parties to this Agreement Hold Harmless and Indemnity. Each party hereto agrees to indemnify and hold the other parties harmless from all liability for damage, actual or alleged, to persons or property arising out of or resulting from negligent acts or omissions of the indemnifying party or its officials, officers, employees or agents. Where the General Assembly or Executive Committee itself or its officials, officers,agents or employees or agents are held liable for injuries to persons or property, each party's liability for contribution or indemnity for such injuries shall be based proportionately upon the contributions (less voluntary contributions) of each member. In the event of liability imposed upon any of the parties to this Agreement, or upon the General Assembly or Executive Committee created by this Agreement, for injury which is caused by the negligent or wrongful act or omission of any of the parties in the performance of this Agreement, the contribution of the party or parties not directly responsible for the negligent or wrongful act or omission shall be limited to One Hundred Dollars ($100.00). The party or parties directly responsible for the negligent or wrongful acts or omissions shall indemnify, defend, and hold all other parties harmless from any liability for personal injury or property damage arising out of the performance of this Agreement. VI.

115 ADMISSION AND WITHDRAWAL OF PARTIES 6.1. Admission of New Parties. It is recognized that public entitiesagencies, other than those that are a party to this Agreement, may wish to participate in CVAG. Additional public entities agencies may become parties to CVAG upon such terms and conditions as provided by the General Assembly or Executive Committee and the consent of two-thirds (2/3) of the existing parties to CVAG, evidenced by the execution of a written addendum to this Agreement, and signed by all of the parties including the additional party Admission of the City of Blythe A. The City of Blythe is hereby made a member of CVAG. Subject only to the condition herein stated, the City of Blythe shall be subject to the terms of the Joint Powers Agreement Formation of the Coachella Valley Association of Governments entered into on or about November 973 as it was earlier amended and restated by the Amendment and Restatement of the Joint Powers Agreement dated June 26, 1989, and as it is hereby further amended by this Agreement. B. A condition of membership by the City of Blythe shall be that there will be no commingling of Coachella Valley and Blythe/Palo Verde Valley transportation-related funds without the approval by two-thirds vote of the Executive Committee, one of which votes must be by the voting member representing the City of Blythe. C. Membership by the City of Blythe shall be deemed effective on the first day of the next full month following execution of this Amendment by the City of Blythe and at least seven other CVAG member jurisdictions Withdrawal Ffrom CVAG. It is fully anticipated that each party hereto shall participate in CVAG until the purposes set forth in this Agreement are accomplished. The withdrawal of any party, either

116 voluntary or involuntary, unless otherwise provided by the General Assembly or Executive Committee, shall be conditioned as follows: A. In the case of a voluntary withdrawal following a properly noticed public hearing, written notice shall be given to CVAG, one (1) year and ninety (90) days prior to the effective date of withdrawal; B. Withdrawal shall not relieve the party of its proportionate share of any debts or other liabilities incurred by CVAG prior to the effective date of the parties' notice of withdrawal; C. Withdrawal shall result in the forfeiture of that party's rights and claims relating to distribution of property and funds upon termination of CVAG as set forth in Section 7 below; and. D. Failure of a party to approve this Agreement within ninety (90) days following approval by a majority vote of the membership shall constitute withdrawal for purposes of this Section 6.2. D. Withdrawal from any Implementation Agreement shall not be deemed withdrawal from membership in CVAG. VII. TERMINATION AND DISPOSITION OF ASSETS 7.1. Termination of this Agreement. CVAG shall continue to exercise the joint powers herein until the termination of this Agreement and any extension thereof or until the parties shall have mutually rescinded this Agreement; providing, however, that CVAG and this Agreement shall continue to exist for the purposes of disposing of all claims, distribution of assets, and all other functions necessary to conclude the affairs of CVAG.

117 Termination shall be accomplished by written consent of all of the parties, or shall occur upon the withdrawal from CVAG of a sufficient number of the agencies enumerated herein so as to leave less than five (5) of the enumerated agencies remaining in CVAG. 7.2 Distribution of Property and Funds. In the event of the termination of this Agreement, any property interest remaining in CVAG following the discharge of all obligations shall be disposed of as the Executive Committee shall determine with the objective of returning to each party a proportionate return on the contributions made to such properties by such parties, less previous returns, if any. VIII IMPLEMENTATION AGREEMENTS 8.1 Execution of Agreement. Six (6) or more of the public agencies enumerated herein, or if approved by the Executive Committee then two (2) or more of the public agencies enumerated herein, may execute an Implementation Agreement for the purpose of authorizing CVAG to implement, manage and administer area-wide and regional programs in the interest of the local public welfare. The costs incurred by CVAG in implementing a program including indirect costs, shall be assessed only to those public agencies who are parties to that Implementation Agreement. 8.2 Amendments.

118 Said Implementation Agreements may be amended from time to time with the approval of not less than two-thirds (2/3) of the members to the Implementation Agreement, or as otherwise provided therein. VIII. MISCELLANEOUS 8.1. Amendments. This Agreement may be amended with the approval of not less than two-thirds a majority vote (2/3) of all members Notices. Any notice or instrument required to be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to the addresses of the parties as shown on Exhibit "A", shall be deemed to have been received by the party to whom the same is addressed at the expiration of seventy-two (72) hours after deposit of the same in the United States Post Office for transmission by registered or certified mail as aforesaid Effective Date. This Agreement shall be effective and CVAG shall exist at such time as this Agreement has been executed by a majority of the public agencies enumerated herein Arbitration. Any controversy or claim between any two or more parties to this Agreement, or between any such party or parties and CVAG, with respect to disputes, demands, differences, controversies, or misunderstandings arising in relation to interpretation of this contractagreement, or any breach thereof, shall be submitted to and determined by

119 arbitration. The party desiring to initiate arbitration shall give notice of its intention to arbitrate to every other party to this Agreement and CVAG. Such notice shall designate as "respondents" such other parties as the initiating party intends to have bound by any award made therein. Any party not so designated but which desires to join in the arbitration may, within ten (10) days of service upon it of such notice, file a response indicating its intention to join in and to be bound by the results of the arbitration, and further designating any other parties it wishes to name as a respondent. Within twenty (20) days of the service of the initial demand for arbitration, the initiating party and the respondent shall each designate a person to act as an arbitrator. The two designated arbitrators shall mutually designate a third person to serve as arbitrator. The three arbitrators shall proceed to arbitrate the matter in accordance with the provisions of Title 9 of Part 3 of the Code of Civil Procedure, Section 1280 et seq. The parties to this Agreement agree that the decision of the arbitrators will be binding. 8.5 Limited Waiver of Sovereign Immunity. Notwithstanding Section 8.12 below, the Indian tribes enumerated herein do not waive, limit, or modify their sovereign immunity against contested suit except as specifically provided in this Section 8.5. The Indian tribes hereby individually agree to waive their sovereign immunity solely for the limited purpose of authorizing only the other Indian tribes enumerated herein, CVAG, County of Riverside, City of Coachella, City of Indio, City of La Quinta, City of Indian Wells, City of Palm Desert, City of Rancho Mirage, City of Cathedral City, City of Palm Springs, City of Desert Hot Springs, and City of Blythe (the Covered Parties ) (1) to initiate an arbitration seeking to enforce all rights granted to the Covered Parties under this Agreement; (2) to seek provisional remedies in aid of arbitration; or (3) to enforce an arbitration award. In the event the Indian tribes enumerated herein and the Covered Parties have a dispute and are unable to resolve the dispute without litigation, the only jurisdiction and venue for litigation arising from and/or related to this Agreement shall be either the United States District Court, Central District of California, Riverside Branch, or the Superior Court of the State of California, County of Riverside.

120 8.56. Partial Invalidity. If any one or more of the terms, provisions, sections, promises, covenants, or conditions of this Agreement shall to any extent be adjudged invalid, unenforceable, void, or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, sections, promises, covenants, and conditions of this Agreement shall not be affected thereby and shall be valid and enforceable to the fullest extent permitted by law. The governing body of each of the members hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Agreement, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Agreement be declared invalid or unenforceable Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto Assignment. The parties hereto shall not assign any rights or obligations under this Agreement without written consent of all other parties Execution. The Board of Supervisors of the County of Riverside, and the city councils of the cities and the tribal councils of the Indian tribes enumerated herein have each authorized execution of this Agreement, as evidenced by the authorized signatures below, respectively. Upon the approval of this Agreement by a majority of the existing members of CVAG, the Second Restatement and Amendment of the Joint Powers Agreement of the Coachella Valley Association of Governments and all prior versions of same shall be superseded, void and of no effect Governing Law.

121 This Agreement shall be deemed to have been made, and shall be construed and interpreted, in accordance with the laws of the State of California Execution in Counterparts. This Agreement may be executed on behalf of the respective members in one or more counterparts, all of which shall collectively constitute one agreement Enforcement of Agreement. CVAG is hereby authorized to take any or all legal or equitable actions, including but not limited to injunctive relief and specific performance, necessary or permitted by law to enforce this Agreement No Third- Party Beneficiaries. This Agreement is intended solely for the benefit of the CVAG and the parties to this Agreement, and no third party shall be deemed to be a beneficiary or to have any rights hereunder against the Association or any of its members. The members of this Third Restated and Amended Joint Powers Agreement have caused this Agreement to be executed on their behalf as of the date specified below, respectively, as follows: COUNTY OF RIVERSIDE CITY OF CATHEDRAL CITY By: By:

122 Date: Date: CITY OF COACHELLA CITY OF DESERT HOT SPRINGS By: By: Date: Date: CITY OF PALM SPRINGS CITY OF PALM DESERT By: By: Date: Date: CITY OF BLYTHE CITY OF RANCHO MIRAGE By: By: Date: Date:

123 CITY OF INDIAN WELLS CITY OF LA QUINTA By: By: Date: Date: CITY OF INDIO AGUA CALIENTE BAND OF CAHUILLA INDIANS By: By: Date: Date: CABAZON BAND OF MISSION INDIANS By: Date: 21

124 To: Technical Advisory Committee members From: Erica Felci, CVAG Governmental Projects Manager Michael Jenkins, CVAG Legal Counsel Date: February 14, 2018 At the February 12 TAC meeting, staff was asked to provide a redline version of the Third Amendment and Restatement of the Joint Powers Agreement. That document is attached. Based on the Committee s discussion, we also thought it would be helpful to provide you with further details of the changes. Added members: As mentioned in the presentation, the biggest change is the formal addition of two tribal nations, the Agua Caliente Band of Cahuilla Indians and the Cabazon Band of Mission Indians. In addition to listing them as members, language has been added throughout to reflect the inclusion of Indian tribes, such as clarification of their financial contributions (section 3.4) and a section outlining the limited waiver of sovereign immunity (section 8.5) Added language: At the suggestion of CVAG s Legal Counsel, language has been added throughout the document that is standard to organizations like CVAG. This includes standard language out of the government code to reflect board powers standard to a JPA (section 1.2.3). Consistency and Clarifications: At the request of CVAG staff, Legal Counsel has identified several small changes throughout the document to ensure the JPA is internally consistent. Examples of this can be found throughout, particularly as it deals with effective dates (Section 8). By clarifying that CVAG needs a straight majority, the tribal membership can be formalized faster. Use of alternates: CVAG s existing documents allow for the Riverside County Supervisors to use alternates who may or may not be elected officials. It is believed that the language was designed to reflect the fact that the Supervisors each represent large geographical areas, so they may want to send staff. The revised JPA language is extending that option to all member jurisdictions for the General Assembly. (section 2.4) Implementation Agreement: As discussed during Monday s meeting, the description of an Implementation Agreement was added during a previous JPA amendment. The existing language states that they are permitted but not required. According to CVAG Legal Counsel, this language is atypical and removing it does not diminish the check-and-balance system that existed since CVAG s formation. As such, the description of these agreements was removed (originally section 8, which prompted renumbering later in the document). References to these Agreements were also removed throughout the JPA. Participation rates: Language has been added to protect CVAG in the case that a member jurisdiction may opt out. The language also includes a time trigger of 90 days for member jurisdictions to approve the Third Amendment and Restatement (section 6.2). This is needed because CVAG will need to know its membership as staff prepares the fiscal year budget. Staff will include both the redline and clean versions of the JPA, as well as this memo, with the packet that is presented to the Executive Committee on February 26. Please let us know if you have any questions.

125 ITEM 7C Staff Report Subject: Autonomous Shuttle Demonstration on CV Link in April 2018 Contact: Eric Cowle, Transportation Program Manager Recommendation: Approve a not-to-exceed amount of up to $25,000, including contingencies, toward the cost of an Autonomous Shuttle demonstration on CV Link and authorize the Executive Director to enter into the necessary agreements. Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Transportation Committee: CONCURS (Meeting of February 5 th ) Background: CV Link is nearing completion of the first segment (2.3 miles) between Ramon Road in Cathedral City and Vista Chino Road in Palm Springs. In addition to providing an alternative mode of transportation for bicyclists and pedestrians, CV Link is also designed to accommodate neighborhood electric vehicles. CVAG, in cooperation with Goldenvoice, has explored the idea of providing an electric autonomous shuttle demonstration project on CV Link and the Coachella Festival. Because Goldenvoice was already investing funding to bring the shuttle to the Coachella Valley, there is a unique opportunity to conduct a public demonstration as well. Autonomous shuttles are electric vehicles that merge motor, digital and robotic technology as well as solve the problem of the first and last mile connections, both in cities and on private sites. This technology offers an innovative new approach to covering short distances, helping travelers get to transit stations, business districts local festivals and other amenities without the hassle of driving and parking. In addition, the use of these electric vehicles helps reduce greenhouse gases and other air pollutants that threaten the environment. CVAG researched autonomous shuttle companies that would be willing to participate in this demonstration project and found that NAVYA, a French international manufacturer and distributer of an autonomous shuttle (AUTONOM is pictured in Attachment 1), could provide a vehicle for both demonstration projects. NAVYA recently opened a manufacturing plant in Ann Arbor, Michigan that is designated as their U.S. headquarters. NAVYA is currently conducting demonstrations of this shuttle at the University of Michigan and in the City of Las Vegas (Attachment 2). Goldenvoice has a penchant for introducing new environmentally friendly initiatives and technologies for concert goers as part of the festival experience. The introduction of an autonomous shuttle at the festival is another initiative being introduced for on-site use at the 2018 concerts.

126 As CVAG is developing a transportation communications platform through its Regional Signal Synchronization Project that will facilitate smart city initiatives into the future, it continues to promote and demonstrate transportation programs to improve safety, multi-modal mobility, the environment, and enhance health and quality of life in the Coachella Valley. The autonomous shuttle demonstration is another component which will play a significant role in transportation in the Coachella Valley. CV Link will connect parks, schools, festivals and many other activity centers, and improve the access and mobility for the region s users. A key component to CV Link are the community connectors, which will provide local access to the core route. Together with the Regional Signal Synchronization Program and smart city initiatives, this demonstration project will help open doors for anticipated grant applications to further CVAG s interest in promoting the use of autonomous vehicles and Intelligent Transportation Systems. Autonomous shuttles are poised to revolutionize not only transportation, but the way people live and work. Having the autonomous shuttle in the Coachella Valley during both festival weekends in April, and, with the projected completion of the first segment of CV Link in late February, there is a prime opportunity to conduct an autonomous shuttle demonstration project on CV Link during the week between the two weekend festivals. It is anticipated that CVAG member jurisdictions, transportation funding partners, bicycle organizations and others will be invited to participate in the demonstrations. Due to the timing and pre-planning of the festivals, it is critical to get NAVYA committed as early as possible, as they have other demonstrations to conduct in other parts of the country. Fiscal Analysis: The estimated cost of transporting and deploying this vehicle at the Coachella festival grounds and on CV Link is expected to cost $45,000 to $50,000, including contingencies. It is proposed that these costs will be split 50/50 between CVAG and Goldenvoice, and that CVAG s share will be paid out of general fund reserves. These costs could also be offset by organizations interested in sponsoring CVAG s public demonstration. The contract details are being finalized. Minor changes/revisions for clarification purposes may be made prior to execution by CVAG s Executive Director and/ or Legal Counsel. Attachments 1. Photo of NAVYA s AUTONOM electric autonomous shuttle. 2. NAVYA AUTONOM Las Vegas Demonstration article.

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130 ITEM 7D Staff Report Subject: Regional Traffic Signal Synchronization Project Master Plan and Participating Agreement Contact: Eric Cowle, Transportation Program Manager Recommendation: Recommend approval the Traffic Signal Interconnect Master Plan, and approval of the corresponding Participating Agreement. Transportation Technical Advisory Subcommittee: CONCURS (Meeting of October 26 th ) Transportation Committee: CONCURS with understanding that jurisdictions have time to review draft agreement prior to Executive Committee meeting. (Meeting of November 6 th ) Technical Advisory Committee: CONTINUED to provide additional time for jurisdictions to review Participating Agreement and provide comment. (Meeting of November 13 th ) CONCURS (Meeting of February 12 th ) Background: The Staff Report originally prepared for the November 13 th TAC meeting has been included as an attachment. Update In their October 2017 meeting, the TTAS reviewed each individual Participating Agreement recital and responsibility and arrived at a unanimous consensus. TTAS understood that the Recitals and Responsibilities would be placed into a Draft Agreement for CVAG Committee consideration in November CVAG s legal counsel has reviewed the draft document. The Draft Agreement was presented on November 6, 2017 to the Transportation Committee, which approved the staff recommendation with the understanding that the language could be reviewed by individual jurisdictions before the Executive Committee voted on it. At the November 13, 2017, Technical Advisory Committee (TAC) meeting, the City of Rancho Mirage requested a continuance of this item to allow time for their legal counsel to review the draft agreement. After discussion, the Committee recommended continuing the item to the January 2018 TAC meeting, allowing additional time for all jurisdictions to review the draft agreement and provide any recommended changes. CVAG s January committee meetings were cancelled, therefore, this agenda item has been continued to the February TAC meeting.

131 Formal comments on the Participating Agreement were received by several jurisdictions. In most cases the comments requested clarifications in the draft language. Rather than providing formal comments on the draft Participating Agreement, the City of Rancho Mirage submitted a letter opting not to participate in the Signal Synchronization Program. That letter has been attached, along with a Transportation Committee staff report regarding the correspondence. The non-participation of one Coachella Valley community, particularly in the central part of the urbanized Coachella Valley, negatively impacts the overall efficacy of regional synchronization and regional smart-city initiatives. While the City of Rancho Mirage s letter states that they will be cooperative in their efforts to solve traffic issues throughout the Valley, it does not provide the same guarantee that traffic will move smoothly as it crosses from one city to the next. However, the City s lack of participation still leaves a robust and exciting project for the eight remaining Coachella Valley cities and other partnering jurisdictions. This program is not only about signal synchronization; it also establishes a regional communications platform for future Smart City initiatives and supports connected and autonomous vehicles. The Program anticipates smart phone traffic apps as the technology is implemented. Some cities have expressed their intention to move forward with Smart City initiatives as the new infrastructure is installed. A revised Participating Agreement has been attached addressing the comments received. When the Master Plan and Participating Agreement are approved, Advantec will move forward with the remaining elements of the project (previously identified), including final design. Construction of Phase 1 includes three corridors (Highway 111, Ramon Road and Washington Street) and is anticipated to begin by the end of Additional corridors will be brought back to the committees for funding consideration in the near future. Fiscal Analysis The Master Plan identifies a Phase I Signal Synchronization Infrastructure preliminary cost estimate of $16,709,910. CVAG has previously budgeted approximately $8 million in regional and federal funding toward this project. At the February 5, 2018 meeting, the Transportation Committee recommended funding the balance of Phase I and launching Phase 2 with $27 million in additional federal Congestion Mitigation and Air Quality (CMAQ) Program funding. This proposal is outlined in a separate CMAQ agenda item. Attachments 1. LINK to Traffic Signal Interconnect Master Plan: 2. Rancho Mirage letter (January 3, 2017) indicating non-participation 3. CVAG Staff Report (February 5, 2018) in response to Rancho Mirage letter 4. Draft Participating Agreement (revised since November 13, 2017) 5. Original CVAG Staff Report (November 13, 2017) for this item

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134 Attachment 3 Staff Report Subject: Contact: Signal Synchronization Update and Non-Participating Notification from Rancho Mirage Eric Cowle, Transportation Program Manager (ecowle@cvag.org) Recommendation: Receive and file. Background: Since 2013, CVAG has been working on a regional signal synchronization program as a way to improve traffic flow as well as improve the region s air quality. The opinion has been that synchronization must be done regionally not city by city, nor even one major roadway at a time in order to have the greatest benefits. Since the Executive Committee awarded a contract to Advantec Consulting Engineers, Inc. in 2015, CVAG has been working to finalize the Master Plan and the coordinating Participating Agreement. The Transportation Committee in November voted to move the Participating Agreement forward with understanding that jurisdictions had time to review it prior to the Executive Committee meeting. However, at the November 11, 2018 Technical Advisory Committee meeting, the item was continued at the request of the Rancho Mirage City Manager, who expressed an interest in working on the Agreement wording so it achieved the goals of the project while addressing the City s concerns about local control The postponement allowed an opportunity for all jurisdictions to provide comments on the draft agreement to CVAG. Rancho Mirage did not provide comments on the draft, despite repeated requests from CVAG staff to work on Agreement language that addresses any concerns. Instead, CVAG received a letter, which is attached, notifying CVAG that the City will not participate in the Coachella Valley Regional Signal Synchronization Program. The City claims that signing onto the plan is essentially a permanent transfer of a city s sovereign right of local traffic control. In addition, the city claims it is not in their best interest in CVAG being granted lead agency status on this regional project, having to synchronize with adjacent cities and being accountable for federal dollars spent. The Rancho Mirage Director of Public Works chaired the CVAG sub-committee that developed the Draft Participating Agreement during four meetings in Recent conversations at the staff level indicated that mutually acceptable language could be reached on the Agreement recitals, roles and responsibilities. However as of January 2018, CVAG was notified that the chair of the CVAG sub-committee is no longer employed by the City of Rancho Mirage. Notably, the City of Rancho Mirage did sign the nearly identical Multi-Agency Traffic Signal Cooperative Agreement when valley-wide synchronization was pursued back in That 2000 agreement also established CVAG as the lead agency of the regional project, with the City being a Cooperating Agency.

135 The non-participation of one Coachella Valley community, particularly in the central part of the urbanized Coachella Valley, negatively impacts the overall efficacy of regional synchronization and regional smart-city initiatives. While the City of Rancho Mirage s letter states that they will be cooperative in their efforts to solve traffic issues throughout the Valley, it does not provide the same guarantee that traffic will move smoothly as it crosses from one city to the next. However, the City s lack of participation still leaves a robust and exciting project for the eight remaining Coachella Valley cities and other partnering jurisdictions. This program is not only about signal synchronization; it also establishes a regional communications platform for future Smart City initiatives and supports connected and autonomous vehicles. The Program anticipates smart phone traffic apps as the technology is implemented. Some cities have expressed their intention to move forward with Smart City initiatives as the new infrastructure is installed. Signal Synchronization at the corridor level through multiple jurisdictions is happening across the country, especially in Southern California. The remaining Coachella Valley cities and other partnering jurisdictions will be addressing signal synchronization and advancing into Intelligent Transportation Systems at a regional level, looking at the entire arterial system. Because of this innovative approach, this is a nationally preeminent project. The benefits realized for our Valley s residents and visitors through this program will become a benchmark for regional governments across the country. Based on comments received from other member jurisdictions, CVAG staff has made grammatical revisions and other minor changes to the Draft Participating Agreement since it was first presented in November. It will be presented to the Technical Advisory Committee on February 12, 2018 for consideration, and then to the Executive Committee on February 26, 2018 for final action. Fiscal Analysis: The Master Plan identifies a Phase I ITS Infrastructure preliminary cost estimate of $16.7 million. By electing not to participate in regionalized signal synchronization, Rancho Mirage will miss out on several million dollars in signal equipment and software for the project, which are fully covered through federal and regional funding. While the City of Rancho Mirage may acquire this equipment and software on their own, it will not have the same value because the technology will not be connected into the regional system serving the other jurisdictions. In addition, the cost of continually updating the hardware and software will fall to the City. Attachment: Letter from City of Rancho Mirage

136 Attachment 4 MULTI-AGENCY PARTICIPATING AGREEMENT FOR COACHELLA VALLEY REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM THIS PARTICIPATING AGREEMENT (Agreement), is effective this day of, 201, by and between the Coachella Valley Association of Governments (CVAG), Fred Waring Drive, Palm Desert, CA, a California joint powers agency (herein referred to as LEAD AGENCY ) and the City of Cathedral City, City of Coachella, City of Desert Hot Springs,, City of Indian Wells, City of Indio, City of La Quinta, City of Palm Desert, City of Palm Springs, City of Rancho Mirage, and County of Riverside, a political subdivision of the State of California (hereinafter collectively referred to as PARTICIPATING AGENCIES, and individually as PARTICIPATING AGENCY ). RECITALS: WHEREAS, the LEAD AGENCY in cooperation with the PARTICIPATING AGENCIES are working cooperatively together to synchronize traffic signals across multiple jurisdictional boundaries as a part of the Coachella Valley Regional Traffic Signal Synchronization Program (hereinafter referred as PROGRAM ) including establishing traffic signal parameters and timing; and developing signal timing synchronization plans for the project corridors defined in the Coachella Valley Traffic Signal Interconnect Master Plan; and WHEREAS, the LEAD AGENCY in cooperation with the PARTICIPATING AGENCIES are cooperatively promoting, demonstrating, and integrating inter-agency traffic signal synchronization, Intelligent Transportation Systems (ITS) technologies, and transportation management programs to improve safety, multi-modal mobility, the environment, and enhance health and quality of life in the Coachella Valley; and WHEREAS, the LEAD AGENCY in cooperation with the PARTICIPATING AGENCIES will develop inter-agency policies, guidelines, and responsibilities, and formalize procedures to manage, 1

137 implement, maintain, operate, and update traffic signal synchronization, intelligent transportation systems and transportation management programs throughout the Coachella Valley; and to plan and prepare upcoming integration of connected/autonomous/automated vehicles and smart cities technologies to maximize regional transportation corridor capacity, and improve multi-modal efficiency, safety, environment, and enhance health and quality of life in the Coachella Valley; and WHEREAS, the LEAD AGENCY in cooperation with the PARTICIPATING AGENCIES will create a Transportation Systems Management and Operations (TSMO) Sub-Committee to develop minimum equipment standards (hardware and software), and define responsibilities and procedures to implement the PROGRAM. The TSMO will report to the LEAD AGENCY s Transportation Technical Advisory Sub-Committee (TTAS). The TSMO shall initially meet as needed to review the operating characteristics of the PROGRAM. The TSMO shall be comprised of the Transportation Engineer of LEAD AGENCY, or his/her designee, and the various Agencies Traffic Engineers, or their designated representatives, and any other individual mutually agreed to by the parties. WHEREAS, the LEAD AGENCY and PARTICIPATING AGENCIES agree that the LEAD AGENCY shall establish and fund, design, implement, operate, maintain, and manage a Regional Traffic Management Center (TMC); and Sub-Regional Data Aggregation Centers (DACs) as defined in the Coachella Valley Traffic Signal Interconnect Master Plan. The LEAD AGENCY shall establish, fund, design and implement Local TMCs to be operated, maintained and managed by the PARTICIPATING AGENCIES. WHEREAS, the LEAD AGENCY will consider providing regional transportation funding to all approved corridor PROGRAM projects identified in the Coachella Valley Traffic Signal Interconnect Master Plan consistent with the Transportation Project Prioritization Study (TPPS) funding process for implementation of inter-agency signal synchronization, transportation management systems, and ITS technologies. WHEREAS, for an agency to be considered as participating, it must accomplish three criteria: It must provide an active representative to the TSMO; It must purchase ITS equipment consistent with the TSMO menu of approved hardware and software for constructed PROGRAM corridors; and 2

138 it must agree to synchronize its multi-jurisdictional signal timing with adjacent PARTICIPATING AGENCIES. WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities between the LEAD AGENCY and the PARTICIPATING AGENCIES for the implementation of the PROGRAM. NOW, THEREFORE, it is mutually understood and agreed by LEAD AGENCY and the PARTICIPATING AGENCY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between LEAD AGENCY and PARTICIPATING AGENCIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. LEAD AGENCY s failure to insist on any instance(s) of PARTICIPATING AGENCIES performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of LEAD AGENCY s right to such performance or to future performance of such term(s) or condition(s), and PARTICIPATING AGENCIES s obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon LEAD AGENCY except when specifically confirmed in writing by an authorized representative of LEAD AGENCY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. PARTICIPATING AGENCY S failure to insist on any instance(s) of LEAD AGENCIES performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of PARTICIPATING AGENCY S right to such performance or to future 3

139 performance of such term(s) or condition(s), and LEAD AGENCY S obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING AGENCIES except when specifically confirmed in writing by an authorized representative of PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. ARTICLE 2. RESPONSIBILITIES OF LEAD AGENCY The LEAD AGENCY agrees to the following responsibilities for the PROGRAM: A. To fund, plan, design, implement the PROGRAM; operate, maintain and manage the Sub-Regional DACs and Regional TMC. The PROGRAM, as distinct from actual traffic signals, would include construction of Master Plan projects, procurement of hardware and software, and hosting of the TSMO. B. To provide annual funding for procurement and updating of hardware and software for signal synchronization, including ITS elements, Local TMCs, Sub-Regional DACs, and a Regional TMC. C. To provide and file all documentation necessary to comply with California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) regulations for PROGRAM. D. To track PROGRAM funds allocated to regional arterials that are in the signal synchronization program and report them back to the PARTICIPATING AGENCIES. E. To create and maintain a Transportation Systems Management and Operations (TSMO) Sub-Committee that will report to CVAG s Transportation Technical Advisory Sub- Committee (TTAS). The purpose of the TSMO is to develop minimum equipment standards (hardware and software), and define responsibilities and procedures to implement and operate 4

140 Coachella Valley intelligent transportation systems including inter-agency signal synchronization, arterial management systems, special events management systems, integrated corridor management systems, and ITS technologies; and to develop, oversee, manage, maintain, and update the Regional Traffic Signal Synchronization Operations and Maintenance Manual. The TSMO shall monitor the participation of its membership and make a finding, if necessary, that an Agency has become non-participating. The finding will be forwarded to CVAG s Executive Committee for action. Any non-participating Agency within the Coachella Valley is encouraged to participate in the TSMO with a non-voting status. F. To provide funding for the implementation of Phase I of the PROGRAM (Ramon Road, Highway 111 and Washington Street), and pursue additional funding for implementation of future phases of the PROGRAM. G. To distribute traffic data information and video images/streams to PARTICIPATING AGENCIES in real time to increase the efficiency of the Coachella Valley transportation system. Traffic data and traffic video/image streams to the Regional TMC and Sub-Regional DACs shall only be used for congestion monitoring, traffic management, traffic synchronization, special event management, incident management and integrated corridor management. H. To collect all data necessary to provide proposed optimized timing plans including, but not limited to, manual intersection all movement counts, and 24-hour/ 7-day automated machine traffic counts with pedestrian, bicyclists, and vehicle classifications. I. To develop the TSMO Operations and Maintenance Manual that will provide technical, maintenance and operations responsibilities, procedures, and requirements to manage, procure, implement, maintain, upgrade, and operate the PROGRAM. J. As Master Plan Corridors are constructed, to develop and implement initial timing plans optimized for signal synchronization. Traffic counts on newly synchronized corridors will remain unofficial for one year or until phasing and timing adjustments are finalized. The moratorium on official counts would extend to one year after the timing and phasing finalization of an adjacent or cross corridor constructed in a subsequent PROGRAM phase. 5

141 K. To prepare Before and After Studies when new signal timing plans are incorporated along corridors for inter-agency signal synchronization, as necessary to measure and report the effectiveness of signal timing changes. L. To provide training to PARTICIPATING AGENCIES for various intelligent transportation systems including inter-agency signal synchronization, arterial management systems, special events management systems, integrated corridor management systems, and ITS technologies, including hardware and software. M. To provide training to PARTICIPATING AGENCIES on the next generation of intelligent transportation technologies and programs, including connected/autonomous/automated vehicles and smart cities technologies and provide updates as advances are made in these areas. N. To share traffic data for the purpose of integrating connected/autonomous/automated vehicle and smart cities technologies. ARTICLE 3. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES PARTICIPATING AGENCIES agree to the following responsibilities for the PROGRAM: A. To adopt the Coachella Valley Traffic Signal Interconnect Master Plan. B. To provide a technical representative to meet and participate as a member of the PROGRAM s TSMO Committee. C. To authorize the LEAD AGENCY to manage, procure, implement and maintain all aspects of the PROGRAM. The PROGRAM, as distinct from the actual traffic signals, would include construction of the Master Plan projects, procurement of hardware and software, and hosting of the TSMO. D. To maintain full control of operations and maintenance of their traffic signals, including traffic signal controllers, ITS technologies and traffic signal communications. Multijurisdictional traffic signal timing and traffic signal communications revisions, ITS equipment and software replacement and/or upgrades on Master Plan constructed corridors shall be coordinated and approved by the TSMO prior to making changes. Jurisdictions have the ability 6

142 to review and approve proposed traffic signal synchronization plans. E. To share real-time arterial and intersection traffic data and traffic video images/streams with LEAD AGENCY and PARTICIPATING AGENCIES. F. To share real-time traffic video images/streams for viewing only by other agencies for the purpose of the PROGRAM. Recording of shared traffic video images/streams shall not be allowed by PARTICIPATING AGENCY S transportation staff and shall only be used for PARTICIPATING AGENCY S law enforcement purposes consistent with local jurisdiction policy. G. To authorize the LEAD AGENCY to share travel information to the public and media via mobile applications. H. To authorize the LEAD AGENCY to share traffic data including Signal Phasing and Timing (SPaT) to the automobile industry or their representatives for integration of connected/autonomous/automated vehicles. I. To waive fees associated with any permits for the design, installation, testing, commissioning, operations, and maintenance of the PROGRAM. J. To allow LEAD AGENCY, or designated representative, to access PARTICIPATING AGENCIES signal controllers, signal communication systems, traffic management system, arterial management systems, video management systems, and other ITS technologies (hardware and software) to construct the PROGRAM projects K. To pay back all funds utilized on PROGRAM corridors within the PARTICIPATING AGENCY S boundaries in the event that the PARTICIPATING AGENCY is determined to have become non-participating. ARTICLE 4. DELEGATED AUTHORITY The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this Agreement are delegated to their respective City Manager, or County Transportation Director, 7

143 or their designee(s), and the actions required to be taken by LEAD AGENCY in the implementation of this Agreement are delegated to LEAD AGENCY s Executive Director or designee. ARTICLE 5. INDEMNIFICATION A. To the fullest extent permitted by law, each PARTICIPATING AGENCY shall defend (at PARTICIPATING AGENCY sole cost and expense with legal counsel reasonably acceptable to LEAD AGENCY), indemnify, protect, and hold harmless LEAD AGENCY, its officers, directors, employees, and agents (collectively the Indemnified Parties ), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and reasonable attorney fees (collectively Claims ), including but not limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCY employees included), for damage to property, including property owned by LEAD AGENCY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of PARTICIPATING AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Agreement. B. To the fullest extent permitted by law, LEAD AGENCY shall defend (at LEAD AGENCY s sole cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, protect, and hold harmless PARTICIPATING AGENCIES, its officers, directors, employees, and agents (collectively the Indemnified Parties ), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and reasonable attorney fees (collectively Claims ), including but not limited to Claims arising from injuries to or death of persons (LEAD AGENCY employees included), for damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of LEAD AGENCY, its officers, directors, employees or agents in connection with or 8

144 arising out of the performance of this Agreement. C. The indemnification and defense obligations of this Agreement shall survive its expiration or termination. ARTICLE 6. ADDITIONAL PROVISIONS A. LEAD AGENCY and PARTICIPATING AGENCIES shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the PROGRAM. B. Legal Authority: LEAD AGENCY and PARTICIPATING AGENCIES hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. C. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law provided that the fundamental objectives of this Agreement are not materially impaired. D. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. E. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. F. Dispute Resolution: The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between the parties authorized representatives. The disputing party shall give the other party written notice of any dispute. Within twenty (20) days after delivery of such notice, the authorized representatives shall meet at a mutually acceptable time and place, and thereafter as often as they reasonably deem necessary to exchange information and to attempt to resolve the dispute. If the matter has not been resolved within thirty 9

145 (30) days of the first meeting, any party may initiate a mediation of the dispute. The mediation shall be facilitated by a mediator that is acceptable to both parties and shall conclude within sixty (60) days of its commencement, unless the parties agree to extend the mediation process beyond such deadline. Upon agreeing on a mediator, the parties shall enter into a written agreement for the mediation services with each party paying a pro rate share of the mediator s fee, if any. Each party shall bear its own legal fees and expenses. If, after good faith efforts to mediate a dispute the parties cannot agree to a resolution of the dispute, any party may pursue whatever legal remedies may be available to it at law or in equity, before a court of competent jurisdiction and with venue in Riverside County. G. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney s fees, to the prevailing party. 10

146 This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. XXXXXXX to be executed on the date first written above. CITY OF COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS By: XXXXXX Mayor By: XXXXXX XXXXXXXXX ATTEST: APPROVED AS TO FORM: By: XXXXXXX City Clerk By: General Counsel APPROVED AS TO FORM Approval Recommended: By: XXXXXX City Attorney By: Tom Kirk Executive Director Dated : Dated : 11

147 Attachment 5 Staff Report Subject: Regional Traffic Signal Synchronization Project Master Plan and Participating Agreement Contact: Eric Cowle, Transportation Program Manager (ecowle@cvag.org) Recommendation: Recommend approval the Traffic Signal Interconnect Master Plan, and approval of the corresponding Draft Participating Agreement. Transportation Technical Advisory Subcommittee: CONCURS (Meeting of October 26 th ) Transportation Committee: Concurs with understanding that jurisdictions had time to review draft agreement prior to Executive Committee meeting (Meeting of November 6 th ) Background: Project Overview Since 2013, CVAG has been working on a regional signal synchronization program as a way to improve traffic flow as well as improve the region s air quality. The opinion has been that synchronization must be done regionally not city by city, nor even one major roadway at a time in order to have the greatest benefits. In 2015, the CVAG Executive Committee awarded a contract to Advantec Consulting Engineers for Phase 1 systems engineering design of the regional project. The project consists of nine major elements with a total of thirty-five (35) tasks. These major elements are: 1) Traffic Signal Interconnect (TSI) Master Plan 2) Project Environmental Phase 3) Preliminary Engineering 4) System Integrator and Procurement and Design 5) Implementation and Construction Support 6) Traffic Signal Synchronization 7) Operations and Maintenance Support 8) Project Closeout 9) Project Administration, Management, Coordination We are in the process of wrapping up the first element, the Master Plan. The chapters within the Master Plan are listed below: Existing System Inventory and Evaluation

148 Evaluation of Surrounding Systems Assessment of Intelligent Transportation System (ITS) Opportunities Priority Corridors System Engineering Management Plan (SEMP) Concept of Operations and Strategic Deployment Plan Inter-Agency Communication Needs Funding Strategies Plan Systems Requirements Plan Having reviewed all of the chapters, TTAS has recommended the Traffic Signal Interconnect Master Plan for Approval. Participating Agreement At the April 2017 TTAS meeting, it was suggested that a sub-committee be formed to work with CVAG s consultant and CVAG staff to develop a draft agreement that would establish the roles and responsibilities tied to participating in the Regional Signal Synchronization Program. The TTAS members and alternates who volunteered to serve on this sub-committee were: Tim Jonasson, Ed Wimmer City of La Quinta Mark Greenwood City of Palm Desert Mark Sambito City of Rancho Mirage Lawrence Tai Riverside County Tom Brohard City of Indio Gianfranco Laurie City of Palm Springs John Corella Cathedral City This sub-committee met four times in May, June, July and August. Tim Jonasson chaired the subcommittee until his departure from the City of La Quinta in July. Ed Wimmer took his place on the sub-committee and Mark Sambito agreed to take over responsibility as chairman at that time. Much of the discussion centered around the question of what exactly the signal synchronization program is, and who exactly would be funding, planning, managing, maintaining and operating it. A key issue was trying to balance local control with the need to cooperatively synchronize signals across multiple jurisdictions. The solution presented itself with two concepts: Creating a Regional Traffic Management Center (TMC) and establishing a Transportation Systems Management and Operations (TSMO) Committee. A Regional TMC will be established to be able to monitor the performance of the transportation system from a regional perspective Additionally, each participating agency will have a Local TMC, equipped to facilitate the hardware and software necessary for signal synchronization within their jurisdiction. The proposed TSMO Committee would be comprised of technical representatives from each of the agencies, and it would meet as needed to work out signal timing issues as they arise. The committee also would develop a manual that would establish equipment standards and operational protocols. The TSMO Committee would work with a traffic consultant as needed to engineer solutions to complex traffic timing situations. Another issue that the signal synchronization sub-committee considered was how to ensure that signals would be synchronized across the entire Coachella Valley through all of its jurisdictions. A key consideration was that regional transportation funds could be utilized to fund the necessary hardware and software, which is consistent with the regional signal synchronization Master Plan.

149 This could include future updates needed to keep this hardware and software state-of-the-art valley-wide. Beyond funding the improvements, the group struggled with how to incentivize continued participation in the regional signal synchronization program, as previous initiatives have been hampered by lack of coordination. Orange County s transportation sales tax (Measure M) requires participation in their regional signal synchronization program as an eligibility requirement to receive sales tax revenue for any local roadway project. Other regional synchronization efforts have utilized a point system, where projects vying for regional transportation grant dollars receive additional points for participating in a regional signal synchronization program. These are just two examples of possible linkages to a regional transportation plan. CVAG s Transportation Project Prioritization Study (TPPS) is re-evaluated approximately every five years. The signal synchronization sub-committee discussed having CVAG staff explore a linkage to signal synchronization participation as part of the next TPPS update, which would occur around CVAG is funding much of the signal synchronization program through external state and federal resources. Increasingly, state and federal agencies are monitoring the longitudinal performance of their investments. Correspondingly, CVAG will track funds allocated to regional arterials that are in the signal synchronization program and report them back to the participating agencies. Under the proposed agreement, if a jurisdiction opts out of signal synchronization, they would have to pay back funding that was allocated to signal improvements. In their October Meeting, the TTAS reviewed each individual Participating Agreement recital and responsibility and found a unanimous consensus. The Sub-Committee understood that the Recitals and Responsibilities would be placed into a Draft Agreement for CVAG Committee consideration in November. CVAG s legal counsel has reviewed the draft document. CVAG Staff will address all comments received on the Draft Agreement prior to the Executive Committee meeting in December. Project Key Objectives CVAG has embarked on a significant effort to advance the development and implementation of Intelligent Transportation Systems Programs in the Coachella Valley. The development of a valley-wide traffic signal interconnect master plan, and continued commitment to synchronize new and existing signals on the regional arterial roads, is an initial phase but milestone step. Key objectives of the project include: a) An enhancement to existing and/or new proposed traffic signal systems (communications, operations, etc.) to achieve inter-agency signal coordination. b) Implementation of traffic management systems that can be remotely accessed in realtime for operations and management. c) Implementation of a system that looks beyond the traditional time-of-day operations (e.g. signal malfunction, real-time video, etc.) capturing advanced technologies for ease of operations and maintenance. d) Prepare agencies in the Coachella Valley for upcoming transportation technologies.

150 At the November 6, 2017, Transportation Committee meeting, the City of Rancho Mirage requested a continuance of this item to allow time for their legal counsel to review the draft agreement. After discussion, the Committee recommended moving staff s recommendation forward, but noted that all jurisdictions legal counsels had time to review the draft agreement and provide any recommended changes prior to the Executive Committee meeting on December 4, Next Steps When the Master Plan and Participating Agreement are approved, Advantec will move forward with the remaining elements of the project (previously identified), including environmental and preliminary engineering. Construction is anticipated to begin in Fiscal Analysis The Master Plan identifies a Phase I ITS Infrastructure preliminary cost estimate of $16,709,910. CVAG has previously budgeted approximately $8 million in regional and federal funding toward this project. CVAG staff will provide a recommendation for funding the balance of the Phase I project at a later date. Attachments Draft Participating Agreement LINK to Traffic Signal Interconnect Master Plan:

151 ITEM 7E Staff Report Subject: Contact: Allocation of Congestion Management and Air Quality Improvement Program Funding Eric Cowle, Transportation Program Manager Recommendation: Authorize the Executive Director to take the necessary steps to allocate $27 million for the regional signal synchronization program and $3 million for complementary Sunline quick bus and rideshare programs. Transportation Committee: CONCURS (Meeting of February 5 th ) The Transportation Committee was presented with two options. The Committee selected the above recommendation. Technical Advisory Committee: CONCURS (Meeting of February 12 th ) Background: What is CMAQ? The purpose of the Congestion Mitigation and Air Quality Improvement Program (CMAQ) is to fund transportation projects or programs that will contribute to attainment or maintenance of the National Ambient Air Quality Standards for ozone, carbon monoxide, and particulate matter. Eligible projects for CMAQ funding include idle reduction, congestion reduction & traffic flow improvements, transportation control measures (TCMs), transit improvements, bicycle and pedestrian facilities programs, carpooling and vanpooling. The Coachella Valley is currently in non-attainment for ozone and particulate matter, and is eligible for this federal funding. Under the current federal transportation legislation (FAST Act), CVAG s CMAQ apportionment is approximately $6 million per year, with funding expiring set to expire at the end of FY 19/20. This projects to a balance of approximately $30 million available for CVAG to obligate towards projects. Federal CMAQ funds require a minimum local match of 11.47%. Previous CMAQ funding cycles The Riverside County Transportation Commission (RCTC) is the lead transportation agency for the County. As in previous CMAQ cycles, CVAG is the responsible agency that recommends projects for CMAQ funds in the Salton Sea Air Basin (SSAB) and forwards the recommendations to RCTC. Over the years, the Executive Committee has opted for various methods to distribute the funding. In some funding cycles, there has been a call for projects. In other years, CVAG has mirrored the practice of other agencies and directly allocated funding to specific projects of regional significance.

152 The fact that CMAQ funds are federal transportation dollars provides complexities in determining whether a project will be eligible for CMAQ funding. In previous cycles, there have been some projects that were deemed eligible at the local level but ultimately found ineligible at the federal level. There have been challenges with the more conventional, capacity enhancement projects as well, including grade separation projects. Part of the issue has been the source of funding itself. As a federal funding program, there are additional requirements that make these dollars more useful for projects that easily meet the congestion management and air quality requirements. Oftentimes, these projects already involve federal agency or Caltrans oversight and involvement. Signal Synchronization The need to improve the region s air quality as well as improve traffic flow was a driving force behind CVAG launching the regional signal synchronization program in The consensus has been that synchronization must be done regionally not city by city, nor even one major roadway at a time in order to have the greatest benefits. This view has been reinforced by the decisions to forgo city-specific signal synchronization projects in favor of a larger, regional project. Signal synchronization is a cost-effective way to expand capacity and improve traffic flow on the regional arterials. Great progress has been made on this regional effort, which is now a federalized project, and an update is being provided as part of a separate staff report at the Transportation Committee meeting. Staff is recommending that $27 million of the CMAQ dollars be reserved for signal synchronization. CVAG s Regional Signal Synchronization Program is designed to improve air quality and reduce congestion and is an eligible CMAQ project. Based on the preliminary engineering and draft Master Plan, the first phase of construction including Highway 111, Ramon Road and Washington Street is expected to cost $16 million. CVAG currently has about $8 million allocated toward this cost, including CMAQ funding. By allocating at least $8 million in additional CMAQ funding during this funding cycle, the entire first phase will be complete. Phase I Construction Funding Current Proposed Regional transportation funds $2.763M $2.763M CMAQ $5.315M $13.315M Total $8.078M $16.078M As noted above, the first phase of construction covers three regional corridors. In June 2017, the Executive Committee prioritized the top 21 corridors and included another 49 un-prioritized corridors into the regional signal synchronization program. When these corridors were presented for approval, CVAG staff noted that additional funding sources would need to be identified for these corridors. CVAG has also heard from member jurisdictions an interest in expediting the remaining corridors on the list. The availability of CMAQ funding is an opportunity to address this issue. It also will fund construction in additional cities, which may not immediately see the benefits from the first three funded corridors. CVAG staff recognizes the desire of member agencies to maximize the project s impact across the valley. An additional $19 million in funding will be considered reserved for signal synchronization but will not be allocated to a specific corridor like the $8 million identified for the first three corridors. Upon completion of the project s design and further work to finalize costs,

153 CVAG staff will return to the Executive Committee to formally approve a project and identify all the corridors that can be funded with CMAQ and any other funds. SunLine Transit Agency projects SunLine Transit Agency has requested CMAQ funding for two Agency projects a Quick Bus and a Rideshare that could complement signal synchronization. The projects, which are outlined in the attachments, are both CMAQ eligible and would require approximately $3 million in funding. The first SunLine project is a Quick Bus that would operate on Sunline s Highway 111 line, making 50% fewer stops to significantly reduce travel times between Palm Springs and Coachella. Signal synchronization could further reduce travel times for this service. Sunline estimates this project will cost $1.7 million in CMAQ funding. The second SunLine project is a rideshare program called SunRide, designed to bridge the first/last mile gap of travel. The service would follow turn-by-turn instructions from a navigation system that connects live traffic conditions and real-time requests for pick-ups and drop-offs. The service would be used for short trips under three miles in defined service zones, utilizing a smaller zero or low emissions transit vehicle. The Sunline Rideshare program would utilize an application-driven reservation system and would be entirely consistent with the smart-city initiatives that benefit from the Signal Synchronization Program. A continuation of SunLine s SunRide Program is called REC Route, which stands for Recreation, Education, and Culture. In partnership with the Desert Recreation District, the REC Route will provide Desert Mirage and Coachella Valley High School students transportation to recreational, educational and cultural opportunities. Together SunLine estimates the SunRide and REC Route programs to cost $1.3 million in CMAQ funding. SunLine has significant experience with federalized projects and anticipates no issues with adhering to the stringent requirements that come with accepting CMAQ funding. Call for Projects The Transportation Committee was presented with an additional option that would have allocated $8 million to complete Phase I of the Signal Synchronization project and reserved the remaining $22 million for a call for projects. Given the priority that the Executive Committee has consistently shown for regional signal synchronization, there was a strong consensus that the remaining federal CMAQ funding should be allocated to the regional SunLine and Signal Synchronization projects. The Committee selected the recommendation to allocate $27 million to CVAG s Signal Synchronization Project and $3 million to SunLine s two projects. The vote tally was 10 in favor with Rancho Mirage and Indian Wells abstaining. Fiscal Analysis: The recommendations will impact the federal grant funding that s allocated to CVAG. Local matching requirements are the responsibility of the applying agency. In the case of CVAG s requested CMAQ funding for signal synchronization, no additional local match is required as previously-approved funding sources are adequate to meet the 11.47%. Sunline has indicated that they also can provide matching dollars for their two projects. Approving as much as $27 million of CMAQ funding to signal synchronization will fund the first phase of the project and allocate funding to future cycles, thereby expanding the corridors that are funded. It also reduces the need to use local transportation funding sources for future stages of the project. This will, in turn, free up Measure A and Transportation Uniform Mitigation Fee (TUMF) funding for other regional transportation projects that, if they were submitted during

154 a CMAQ call for projects, might not qualify because they aren t federalized or don t have the required matching funds. Attachments: SunLine Proposal, Quick Bus Sunline Proposal, SunRide

155 Lead Agency: SunLine Transit Agency Project Name: Quick Bus Line 111 Project Location: Coachella Valley, California Project Description: Passenger convenience is a critical factor in a rider s decision to use public transit. Transit providers must offer convenient services to attract riders away from private vehicles. Those who choose transit reduce their carbon footprint that would have otherwise been made by using private vehicles. It is estimated that by eliminating one car and taking public transportation instead of driving, a savings of up to 30% of carbon dioxide emissions can be realized.* SunLine Transit Agency operates 15 transit lines in Coachella Valley. The transit system is arranged in a linear pattern with a core Line 111 that operates between Palm Springs in the west and populous Coachella in the southeast. Line 111 transports 33% of SunLine s 4 million annual passenger trips. The service operates 7 days per week. Traveling mostly in urban areas, Line 111 is critical in providing transportation from more remote regions to locations where there are employment opportunities, educational facilities, health and social services providers. A leading challenge to Line 111 s appeal to riders is its relatively long operating times. While riding times vary according to the time of day traveled, the average ride length from Palm Springs to Coachella is 114 minutes. Most riders travel between intermittent points along the route, but endure lengthy rides. A Quick Bus is proposed to operate along the line that would make limited stops, i.e., 50% fewer bus stops than the present services, reducing travel times significantly between Palm Springs and Coachella. By introducing Quick Bus on SunLine s 111 route, passengers will be afforded faster service more frequently. Such a dramatic improvement will improve SunLine s ability to compete with private vehicles and shared ride systems. The service will operate in two major segments: between Palm Canyon at Stevens in Palm Springs, and the SunLine transit hub at Town Center in Palm Desert; and between the Town Center in Palm Desert, and the transit center located at 5 th & Vine Streets in Coachella. All 76 fixed route transit buses in SunLine s services have zero or low emissions. Six of those buses have already been allocated for use as Quick Buses on Line 111. It is estimated that the new bus service on Line 111 will have an operating cost of $980,000 per year, or $1.96 million for the two-year trial period. Last year, SunLine inaugurated Rethink Transit, a program currently underway to reallocate the agency s resources away from lightly used services to concentrate on increasing ridership on more productive bus routes. Alternative services and other route realignments will replace any regular routes that were considered not to be productive.

156 Over the two-year period, SunLine will use alternative funding and passenger fare revenue to assume eventual financial responsibility for Quick Bus services. The service is proposed to commence operations after July 1, Schedule and Budget Components CMAQ$ Local Match Other$ Project Start Date Operation $1,700,000 $260,000 Equipment FY20 850, ,000 already FY21 850, ,000 purchased Project End Date $1,800,000 Total $1,700,000 $260,000 $1,800,000 07/01/19 06/30/22

157 Public Transportation s Contribution to US Greenhouse Gas Reduction, Science Applications International Corporation, Sept., 2007.

158 Lead Agency Project Name: Project Location SunLine Transit Agency SunRide Rideshare Coachella Valley Project Description SunLine Transit Agency recognizes the need to create and provide flexible transit options to meet the needs to of residents in our Valley. Many communities still experience a lack of transportation options that require innovative solutions. A lack of density and urbanized area makes traditional fixed route transit an ineffective option. Residents experience long walks to the bus stop under harsh conditions including 120 degree temperatures, high winds and blowing sand. SunLine proposes a new and innovative approach to connect riders to mainline services by bridging the first mile last mile gap. Unlike a standard bus, the service will follow turn-by-turn instructions from a navigation system that uses live traffic conditions and real-time requests for picks-up and drops-offs to generate the most efficient possible shared trips for SunLine customers. The service will be used for short trips under approximately two (2) to 3 (3) miles in defined service zones, and utilize vehicles that are smaller than traditional transit vehicles. This flexible, on-demand rideshare service is designed to connect riders to fixed route system by providing point to point rides along identified fixed route corridors. Whether beginning a trip, completing a trip, or seeking a complete trip solution, riding the new service will be intuitive, user-friendly, and designed to encourage the use of multiple modes of public transportation. It may also serve destination points by providing transportation options for neighborhoods to key locations like medical, shopping or educational facilities. Sun Ride will operate with some of the attributes of other rideshares like Uber and Lyft, but will be focused on improving transit riders access to the fixed route system. SunLine plans to launch ride reservations through an application or electronic reservation system to make reserving rides easy for the Agency and the customer. A strong goal of the Agency would be to deploy this service with zero or low emission vehicles when possible to provide low noise, clean transportation to communities. SunLine Transit has already purchased the scheduling application through other grant sources and hopes to have this service available by the Fall of Work is already underway to determine a pilot service area to test the attributes of the program before launching this service more widely within the transit service area.

159 Schedule and Budget Components CMAQ$ Local Match Other$ Project Start Date Equipment $465,991 $53,449 Rideshare App purchased Project End Date $61,251 - Project Completion $534,009 $25,000 = $36,251 $25,000 Total $1,000,000 $89,700 $25,000 09/01/18 12/31/21

160 ITEM 8a Staff Report Subject: Contact: Status of I-10 Interchange Projects Eric Cowle, Transportation Program Manager Recommendation: Receive and File. Background: Attached is the latest status report for I-10 interchange projects as of 1/29/2018. Completed 1) Indian I-10 (Mar 12) 4) Monterey Avenue I-10 (Apr 15) 2) Gene Autry/Palm I-10 (Mar 12) 5) Bob I-10 (Sep 11) 3) Date Palm I-10 (May 14) 6) Jefferson I-10 Construction 99% complete. I-10 Final PA & ED expected Spring 2018 for public distribution I-10 Project Study Report (PSR) completed. PA & ED initiated. I-10 Project Study Report (PSR) completed. PA & ED initiated. Ave I-10 PS&E contract under way. Dillon SR86 Re-validating Preliminary Design and Environmental Document. Golf Center I-10 PSR on hold. FISCAL ANALYSIS: Funding for all of the interchange projects has been budgeted for through the project phase indicated, and secured through various funding sources so there is no additional fiscal impact.

161 ITEM 8b COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Regionial Arterial Program - Project Status Report 2/20/2018 Lead CVAG Funded Project Description Agency PEng ENV PSE ROW CON Through Status Interchanges Avenue 86S COA Environmental PA & ED underway Avenue I-10 COA PSE PS&E contract under way. I-10 COR Construction Constrution 99% complete Arterial Links Ave. 48 (Jackson St. to Van Buren St.) COA Construction NEPA process ongoing. Construction anticipated spring 2018 Ave. 50 (Calhoun St. to Harrison St) COA Construction PA/ED under way Coachella Traffic Signal Conversion COA Construction Construction completed. North Indian Canyon Widening COR/DHS/PS Construction Currently in Design. Phase I paving completed. Hwy. 111 (Rubidoux to 760' west of Madison St.) Indio Construction Construction underway. Jackson Street Signal Improvements Indio Construction Construction underway. Madison St. (Ave 52 to Ave 50) Indio Construction Final phase construction to start in May/June of Monterey Av. Corridor (fr. Gerald Ford to Dinah Shore) RM Construction Construction completed. Bridges Avenue 66 Grade Separation over UPRR COR Construction need to go back through design & env process Avenue 44 Bridge over WWR Indio Construction Environmental approved. Currently under design (T.Y. Lin) Avenue 50 Bridge over WWR COA Environmental Caltrans approved PES Mar 23; Hist, bio, air, noise, hydraulic studies submitted. Cathedral Canyon Bridge CC Construction Prelim Eng complete, ROW Cert Dec 2017, Constr Bid Spring 2018, start Fall Date Palm Bridge (Across WWR) CC Construction Construction started June Construction complete Sep Dune Palms Bridge over WWR LQ Construction NEPA, CEQA clearances early 2018; RW begins May 2018; Const late 2019 Frank Sinatra Bridge over WWR RM Construction In Final Design, Construction anticipated mid-2019 South Palm Canyon Bridge over Tahquitz Creek PS PSE NEPA and CEQA approved. Project is currently in Final Design. Constr late East Palm Canyon Drive Bridge over Palm Canyon Wash PS PSE CEQA and NEPA anticipated to be approved in November Constr late Indian Canyon (fr. Garnet to & Incl. RR Crossing) PS Construction ROW negotiations anticipated to be completed winter of Constr late Ramon Bridge Widening PS Construction Continuing ROW negotiations, complete in early Constr in Vista Chino Bridge over WWR PS Prelim Engin Continuing Consultant selection for PS&E Phase. Expect to award February 2018 Interchange Preparation Fund Projects I-10 PD/COR Construction The final PA&ED approval is expected to be in Springs of Golf Center I-10 Indio PSR PSR on hold. Dillon I-10, SR86, WWR COA PSR Re-validating Preliminary Design and Environmental Document to comply w/nepa I-10 Indio PSR In Environmental PAED I-10 Indio PSR In Environmental PAED COR-County of Riverside; RM-Rancho Mirage; IW-Indian Wells; PD-Palm Desert, PS-Palm Springs; CC-Cathedral City; COA-Coachella LQ-La Quinta; PEng=Preliminary Engineering; Env=Environmental; PSE=Plans, Specifications and Estimate; ROW=Right of Way; CON=Construction

162 ITEM 8c COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Bicycle/Pedestrian Safety Program - Project Status Report 2/20/2018 Lead CVAG Funded Project Description Agency Design CON Through Status Bike/Ped Safety Projects Palm Drive Signals and Lighting DHS Construction Under Design Palm Canyon intersection Pedestrian Enhancements PS Construction Under Design S. Palm Canyon, E. Palm Canyon Improvements PS Construction Under Design Indian Canyon Intersection Pedestrian Enhancements PS Construction City to make Indian Canyon two-way street, safety design included Date Palm Sidewalk Gaps CC Construction Under Design Calhoun Street Improvements Indio Construction Under Design Vista Chino Signals PS Construction Under Design Dinah Shore Mid-block Crossing CC Construction Under Design Palm Canyon Cross-walks PS Construction Under Design Avenue 48 Bicycle Lanes Indio Construction Under Design COR-County of Riverside; RM-Rancho Mirage; IW-Indian Wells; PD-Palm Desert, PS-Palm Springs; CC-Cathedral City; COA-Coachella LQ-La Quinta;

163 ITEM 8d COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Regional Arterial Program - Contract Status Report Report as at December 31, 2017 WORK LEAD CVAG CVAG CVAG COMMITTED PROJECT DESCRIPTION ORDER NO. AGENCY AUTHORIZED EXPENDED FUNDS REMAINING ARTERIAL LINKS Jefferson Street and Varner Road (North of Interstate 10) INDIO 4,500,000 1,611,754 2,888,246 Madison Street (fr. Avenue 52 to Indio Blvd.) INDIO 18,677,500 8,665,330 10,012,170 SR-111 (between Rubidoux St. & 760' west of Madison St.) INDIO 6,933,355 1,029,587 5,903,769 Date Palm Drive Impr. (I-10 and Varner Rd.) CC 2,337, ,134 1,872,866 Avenue 48 (bet. Jackson St. & Van Buren St.) COACHELLA 991, , ,016 Avenue 48 (bet. Van Buren St. and Dillon Road) COR 450, , ,685 Avenue 50 (bet. SR86 and I-10) COACHELLA 1,365, , ,100 Traffic Signals Project COACHELLA 1,725, ,389 1,477,611 Jackson Street Signal Improvements Project INDIO 2,655, ,081 2,457,819 Portola Avenue (North of Gerald Ford Drive) PD 534, ,935 F Varner Road (Intersection Impr. at Ramon Rd.) COR 1,164, ,164,000 F Varner Road (fr. Ramon Rd. to Monterey Ave.) COR 1,870, ,870,758 F Airport Blvd. (fr. Harrison St. to Highway 111) COR 7,898, ,898,603 F Frank Sinatra Dr. Hwy. 111 RM 670, ,712 F Monterey Ave. Widening (Dinah Shore to Gerald Ford) RM 770, ,034 F Portola Avenue (Northwest of Fred Waring Drive) PD 600, ,000 F Interchange Improvement (I-10 and Avenue 50) COACHELLA 1,875,000 1,875,000 Avenue 50 (bet. Calhoun St. & Harrison St.) COACHELLA 3,375,000 3,375,000 North Indian Canyon Drive Widening COR 3,000,000 3,000,000 Bicycle & Pedestrian Safety Program VARIOUS 10,482,884 10,482,884 Sub-Total - Arterial Links 71,877,181 13,182,973 58,694,208 BRIDGES Cathedral Canyon Bridge CC 1,895, ,229 1,691,591 Date Palm Drive Bridge CC 1,608, ,601 1,360,324 Frank Sinatra Bridge over WWR RM 3,035, ,512 2,899,310 Ramon Road Bridge Widening PS 8,146, ,611 7,488,889 Indian Canyon (fr. Garnet to and incl. Railroad Crossing Bridge) PS 4,642,150 1,342,312 3,299,838 Avenue 50 Bridge COACHELLA 1,108, , ,407 Avenue 56 Grade Separation COR 14,884,000 12,421,563 2,462,437 Avenue 66 Grade Separation COR 12,597,417 2,355,213 10,242,204 Gene Autry (fr. I-10 to Vista Chino incl. WWR & Railroad Bridge) PS 9,304,938 8,046,164 1,258,774 Vista Chino Drive Bridge PS 8,172, ,137 8,048,238 East Palm Canyon Drive Bridge (over Palm Canyon Wash) PS 1,109,611 43,274 1,066,337 South Palm Canyon Bridge (over Tahquitz Creek Channel) PS 788,850 49, ,040 Dune Palms Road Bridge LQ 3,369, ,430 3,154,570 Avenue 44 Bridge INDIO 1,654, ,654,260 Sub-Total - Bridges 72,318,168 26,199,949 46,118,219 INTERCHANGES Jefferson / I-10 Interchange COR 42,160,000 26,007,601 16,152,399 Interchange Preparation Fund VARIOUS 14,049,239 5,284,548 8,764,691 Avenue 50 / I-10 Interchange COACHELLA 2,300,768 1,423, ,319 Dillon Road/I10 Interchange & Dillon Road/SR86S Interchange COACHELLA 149, ,239 Portola / I-10 Interchange PD 54,075, ,075,000 Sub-Total - Interchanges 112,734,246 32,715,598 80,018,648 GRAND TOTAL $256,929,595 $72,098,521 $184,831,075 F - Future reimbursements.

164 COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS Regional Arterial Program - Contract Status Report (Completed Projects) Report as at December 31, 2017 WORK LEAD CVAG CVAG PROJECT DESCRIPTION ORDER NO. AGENCY AUTHORIZED EXPENDED EXCESS FUNDS Completed Projects - Prior years 9,038,848 8,980,333 58,515 Completed Small Projects 721, ,492 0 ARTERIAL LINKS Completed Arterial Link Projects - Prior years 99,720,656 78,306,501 17,316,971 Avenue 50 (fr. Jefferson St. to Jackson St.) INDIO 550, ,010 28,990 Avenue 42 (fr. Golf Ctr. Pkwy. to Clinton St.) INDIO 5,000,000 3,763,076 1,236,924 Miles (fr. WWR to Clinton) COR 22,425,000 22,299, ,346 Vista Chino Drive (PSR) PS 375,000 (Project cancelled) Cook Street Widening (fr. Fred Waring to Frank Sinatra) PD 3,000,000 1,810,527 1,189,473 Date Palm Drive Impr. (to and including Vista Chino Drive Intersection) CC 560, ,720 86,342 Indian Avenue (between 20th Ave. and Dillon Road) DHS 8,547,562 (Project cancelled) SR-111 (Indian Wells) IW 12,730,337 9,432,795 3,297,542 Monroe (fr. Ave. 52 to I-10) INDIO 11,925,025 10,547,633 1,377,392 Washington Street / Highway 111 Intersection Improvements LQ 582, , ,990 Varner Road (fr. Adams to Jefferson) INDIO 7,209,235 5,265,370 1,943,865 Fred Waring (Adams to Port Maria) COR 5,370,000 5,370,000 0 Sub-Total - Arterial Links 177,995, ,271,780 26,703,835 BRIDGES Completed Bridge Projects - Prior years 23,496,200 20,922,484 2,573,716 Dillon Road Grade Separation VARIOUS 2,880,854 1,153,582 1,727,272 Adams Street Bridge LQ 2,414,035 2,414,035 0 Indian Canyon Dr. (across White Water River Wash) PS 2,301,000 2,078, ,264 Avenue 52 Grade Separation COACHELLA 6,215,625 6,215,625 0 Sub-Total - Bridges 37,307,714 32,784,462 4,523,252 INTERCHANGES Completed Interchange Projects - Prior years 57,454,816 50,865,406 6,589,410 Ramon / I-10 Interchange (Bob Hope to Varner) Caltrans 11,710, ,710,000 C Ramon / I-10 Interim Loo p Ramp / Signal Project COR 100, ,000 0 Bob Hope / Ramon / I-10 Interchange CALTRANS 5,215, ,855 4,251,145 Date Palm / I-10 Interchange incl. Railroad Bridge VARIOUS 17,181,000 11,678,993 5,502,007 Palm Dr. / Gene Autry / I-10 Interchange COR 25,931,000 5,997,056 19,933,944 Indian / I-10 Interchange PS 3,142,835 2,604, ,637 Monterey / I-10 Interchange PD 5,150,000 3,990,633 1,159,367 Sub-Total - Interchanges 125,884,651 76,200,141 49,684,510 MID-VALLEY PARKWAY Mesquite (fr. GAT to Dinah Shore incl. Dinah Shore Bridge) 30060/70 PS/CC 15,246,583 14,520, ,363 Dinah Shore (fr. Date Palm to Plumley) CC 780, ,928 0 Dinah Shore (fr. Plumley to Bob Hope) 30080/82/83 MULTI 4,642,875 2,953,163 1,689,712 Bob Hope (fr. Frank Sinatra to Dinah Shore) RM 1,969,000 1,141, ,635 Airport Extension Stage II PS 2,641,600 2,635,916 5,684 Sub-Total - Mid-Valley Parkway 25,280,986 22,031,592 3,249,394 OTHER Feasibility Study (for Gene Autry/Vista Chino/Indian) PS 90,000 89, Sub-Total - Other 90,000 89, GRAND TOTAL $376,319,051 $279,079,789 $84,219,516 A - Advanced monies B - Local contributions of $200,000 by jurisdictions C- Funded by STIP

165 ITEM 8e 2018 EXECUTIVE COMMITTEE ATTENDANCE ROSTER CVAG JURISDICTION JAN FEB MAR APR MAY(JUN) JUN JUL AUG SEP OCT NOV(DEC) DEC Blythe * Cathedral City * Coachella * Desert Hot Springs * Indian Wells * Indio * La Quinta * Palm Desert * Palm Springs * Rancho Mirage * Riverside County * Agua Caliente Band of Cahuilla Indians * Cabazon Band of Mission Indians * TECHNICAL ADVISORY COMMITTEE ATTENDANCE ROSTER CVAG JURISDICTION JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Blythe * - * Cathedral City * - * Coachella * - * Desert Hot Springs * - * Indian Wells * - * Indio * - * La Quinta * - * Palm Desert * - * Palm Springs * - * Rancho Mirage * - * Riverside County * - * Agua Caliente Band of Cahuilla Indians * - * Cabazon Band of Mission Indians * - * Absent No Meeting * Scheduled Dark Month -

166 ITEM 8f Staff Report Subject: Contact: Audit Report from South Coast Air Quality Management District. Gary Leong, Deputy Executive Director STAFF RECOMMENDED MOTION: Information. BACKGROUND: Since CVAG receives grants from various agencies, CVAG on occasions, receives request from the grantor that our financials be audited by either an outside auditor designated by the grantor or the grantor s own internal auditors. The South Coast Air Quality Management District requested an audit for the AB2766 funds received by CVAG from the various jurisdictions. The audit was conducted by the firm of Simpson & Simpson CPAs. The audit was for the Years Ended June 30, 2015 and The audit was completed by the auditors on April 6, The auditors did not detect any material weaknesses or significant deficiencies in internal controls and there were no material audit adjustments detected by the audit process. Attached are the following: 1) Transmittal letter from South Coast Air Quality Management District, and 2) Independent Auditor s Report, and 3) Independent Auditor s Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of the Financial Statements performed in accordance with Government Auditing Standards. The Comprehensive Audited Financial Report (AB2766 Audit 2015/2014) is available on CVAG s website ( FISCAL ANALYSIS: No financial impact.

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186 ITEM 8g Staff Report Subject: ATP Cycle 4 Contact: Erica Felci, Governmental Projects Manager (efelci@cvag.org) Recommendation: Information. Background: The Coachella Valley has made it a priority to make significant investments in the local and regional transportation networks, particularly as it pertains to creating safe routes for pedestrians and cyclists. The CVAG Executive Committee in 2016 added active transportation projects to the Transportation Project Prioritization Study (TPPS) and, the following year, authorized spending more than $10 million to create a bike-and-pedestrian safety program. CVAG and local jurisdictions have also been successful in securing outside funding for these projects, particularly awards from the state s Active Transportation Program (ATP). Created by state legislation in 2013, ATP consolidated various funding sources into a single program to encourage active modes of transportation. ATP has become an extremely competitive program and recent awards have benefitted projects such as CV Link, the La Quinta Village complete streets network as well as Palm Drive in the City of Desert Hot Springs. ATP was originally funded at about $123 million a year from a combination of state and federal funds. However, the passage of Senate Bill 1 has created a major influx of funding. State officials are now finalizing guidelines for ATP Cycle 4, which is expected to provide about $440 million for projects between FY2019/20 and FY2022/23. The call for projects was originally expected to be in the spring. The California Transportation Commission (CTC) recently revised the schedule and now anticipates that the call for projects will occur in May Applications will be due July 31, A number of changes are being proposed to the ATP guidelines that will impact Cycle 4. Notably there will be five different applications, which will be completed based on the project s type and total cost. For example, if a project s total cost is more than $7 million, it will be considered a large project and must be submitted on a more detailed application than smaller projects. According to the CTC, larger projects will also be asked new questions about incorporating innovation and the ability to be transformative for the community. CVAG staff will be reaching out to local jurisdictions about potential for joint applications. CVAG also is able to provide technical assistance and letters of support to member jurisdictions. Fiscal Analysis: There is no funding match required for ATP Cycle 4 applications. Any technical assistance provided by CVAG would be covered under existing staff time.

187 January 10, 2018 TO: FROM: RE: Coachella Valley Association of Governments Damien O Farrell, CEO Path of Life Ministries CV Housing First Six (6) Month Report July 2017-December 2017 In six (6) months, Path of Life has brought a full-scale CV Housing First (CVHF) operation to the Coachella Valley. As anticipated CVHF went through a ramp-up phase in July and August, but now includes a one-stop Coachella Valley Resource Connection Hotline, fully furnished and occupied Crisis Stabilization Housing (CSH) in every city where they were committed, co-located Riverside County office spaces in Cathedral City and Desert Hot Springs, mobile behavioral health and employment support, homelessness prevention and diversion in the form of rental assistance, leveraged outreach and community response teams, and most importantly HOUSING! In addition to the benchmarks provided on the following reports, Path of Life has accomplished the following, by the numbers: Ended homeless situations for 30 people in the Coachella Valley, 12 of them children and 5 of them Seniors, through leveraged Permanent Supportive Housing and Rapid Rehousing. Prevented Homelessness utilizing CVHF Rental Assistance for 26 people in the Valley, 14 of them children and 5 of them Seniors. Provided 1,191 shelter bed nights through Crisis Stabilization Housing for 13 people, 2 of them with serious medical needs and specialized equipment. Connected 48 people experiencing homelessness and trauma to Path of Life s mobile Behavioral Health team. Partnered 22 clients with their own Employment Support Navigator. Over 400 unduplicated callers to the Coachella Valley Resource Hotline and 71 shelter diversions. In addition, I would like to highlight aspects of CVHF below: Staffed the CVHF team with experts in outreach, intervention, community resources housing and landlord recruitment. Page 1 of 2

188 Established co-located offices in partnership with the County of Riverside Department of Public Social Services (DPSS) in the cities of Desert Hot Springs and Cathedral City. o The Palm Springs office is in the final phase of lease negotiations. Actively operating 10 Crisis Stabilization units in the Cities of Palm Springs, Desert Hots Springs, Cathedral City, and Palm Desert. o The final 2 units are under negotiation for contract. Have worked with people experiencing homeless, City staff and concerned community members calling the Coachella Valley Resource Connection Hotline: (760) o Responded to calls for service and collaborated with area partners. Attended and/or made presentations at several community meetings. Submitted letter of intent to the Regional Access Project for supplemental funds to the program supporting expanded Behavioral Health Services. The letter was accepted and approved for application. We are currently in the second phase of the application process. Collaborating with fellow Coachella Valley service agencies to address and end homelessness throughout the region. Partners include: o ABC Recovery o Catholic Charities o Center for Nonprofit Advancement o Coachella Valley Rescue Mission o Community Connect & 211 o Desert Aids Project o Jewish Family Services of the Desert o Jewish Family Services of San Diego o Olive Crest o Martha s Village and Kitchen o Mizell Senior Center o Regional Access Project o Safe Families for Children o Senior Advocates of the Desert o Shelter from the Storm & many other great organizations throughout Riverside County. Thank you very much for the opportunity to provide services through CV Housing First. We look forward to providing you updates on our progress each month. Page 2 of 2

189 ITEM 8i Staff Report Subject: Contact: Recap on Energy, Water and Green Living Summit Benjamin Druyon, Management Analyst Recommendation: Information Only. Background: The Ninth Annual Southern California Energy + Water + Green Living Summit was held January 11, The Summit was held at The Show at the Agua Caliente Casino Resort Spa in Rancho Mirage for the second year in a row. A welcome reception was held at the Living Desert in Palm Desert on January 10. The 2018 Summit kicked-off with a joint Salton Sea press conference by Riverside County Supervisor V. Manuel Perez and Greater Palm Springs Convention & Visitors Bureau CEO Scott White and La Quinta Mayor Linda Evans, Board Chair. Approximately 350 attendees from business, government and academia attended the Summit to discuss a wide variety of state and regional issues that included climate change, air quality, sustainability, clean transportation, Community Choice Aggregation, green jobs, and the Salton Sea. CVAG Executive Director Tom Kirk served as the Master of Ceremonies. Featured speakers included: California Energy Commissioner Janea Scott, California State Water Board Member E. Joaquin Esquivel, SoCal Edison Senior VP of Strategic Planning Drew Murphy, Sierra Club Executive Director Michael Brune, Agua Caliente Chairman Jeff Grubbe, California Independent System Operator (CAISO) Governor Angelina Galiteva, Los Angeles Department of Water and Power (LADWP) Commissioner Aura Vasquez and many others. The Summit also featured a Youth Experience with 100 local high school students from PSUSD, DSUSD and CVUSD. The students were presented with informative speakers and interactive exhibits in addition to being able to attend various segments of the Summit. Feedback from the speakers and attendees has been overwhelmingly positive. The origins of the Southern California Energy + Water + Green Living Summit stem from discussions that were held by the CVAG Energy and Environmental Resources Committee. This year s presenting sponsor was the Agua Caliente Band of Cahuilla Indians. The event was coproduced by Burke Rix Communications and The Desert Sun.

190 ITEM 8j Staff Report Subject: Contact: Update on Property Assessed Clean Energy (PACE) Programs Benjamin Druyon, Management Analyst Recommendation: Information only. Background: Property Assessed Clean Energy (PACE) programs continue to grow in popularity. The Coachella and Palo Verde Valleys now have nine active PACE providers operating under CVAG s oversight. The attached CVAG PACE Report illustrates current numbers for PACE providers in the Coachella and Palo Verde Valleys who have completed projects. The pie chart shows total funds disbursed for PACE projects by city from all PACE vendors. Newer PACE providers are still gearing up so most projects are funded by Ygrene or HERO. This report will be updated regularly as more PACE providers begin to complete projects in our region. Some committee members asked staff to report on any issues or concerns brought to CVAG s attention regarding PACE programs. In general, there are very few concerns reported. The issues that have been brought to CVAG s attention concern contractors who have either been providing misinformation about how PACE programs work and how these assessments are to be repaid, or a disagreement between the property owner and the contractor on work that has been performed. Misinformation or lack of information by contractors promoting a PACE program is an ongoing statewide issue that all PACE programs are aware of and are trying to improve. To address these concerns, staff has developed a Consumer Protection Action Plan. This Plan provides for CVAG staff to ensure property owners aren t being taken advantage of by contractors, and to gain feedback from property owners on their PACE experience. Several property owners have visited CVAG s office seeking clarification on their payments and when they would be due. CVAG staff was able to answer all inquiries to the property owners satisfaction. As always, please contact CVAG staff if there are any PACE issues or concerns that are brought to your attention and we will address them. Fiscal Analysis: There is no financial impact to CVAG from these programs. CVAG s staff time spent on each program is recovered by a participation fee collected from each program. Attachments: 1) CVAG PACE Report February 1, ) CVAG PACE Oversight Umbrella

191 Attachment 1 Rancho Mirage, $7,123,553 $50,000,000 $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- CARS REMOVED FROM ROAD: JOBS CREATED: Riverside County Cities: $8,437,650 Blythe, $1,396,811 Cathedral City, $14,399,937 Coachella, $4,590,260 Palm Springs, $15,102,392 Desert Hot Springs, $7,147,020 Palm Desert, $14,806,865 Indio, $12,372,296 La Quinta, $7,293,691 Indian Wells, $3,139, % 8.50% 8.00% Completed Projects Funded Amounts 7.50% 7.00% 6.50% 6.00% JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Ygrene 5 YR HERO 5 YR HERO 20 YR Ygrene 20 YR Other PACE providers have interest rate ranges from 5.99%-10.98% 871 Updated on February 1, Updated on February 1, 2018

192 Attachment 2 CVAG PACE OVERSIGHT UMBRELLA Coachella Valley Association of Governments (CVAG) Golden State Finance Authority (GSFA) California State Community Development Agency (CSCDA) California Municiple Finance Authority (CMFA) Renew Financial Ygrene CaliforniaFIRST Energy Efficiency Equity HERO PaceFunding BlueFlame Spruce PACE Structured Finance CounterPointe Energy Solutions

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