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HomeMy WebLinkAboutResolutions - No. 4356RESOLUTION NO. 4356 RESOLUTION AUTHORIZING MAYOR TO EXECUTE THE "MEMORANDUM OF UNDERSTANDING FOR THE PREPARATION AND ADOPTION OF AN AIR QUALITY MAINTENANCE PLAN". WHEREAS, in compliance with Federal regulations, the California Air Pollution Board designated nine (9) air quality maintenance areas within the State of California, which included the County of San Joaquin as a portion of one such area, and WHEREAS, the San Joaquin County Council of Governments in February 1976 adopted a resolution accepting designation for San Joaquin County as an Air Quality Maintenance Area; now therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF LODI, AS FOLLOWS: That the Mayor is hereby authorized and directed to execute on behalf of the City of Lodi that certain document entitled "Memorandum of Understanding for the Preparation and Adoption of an Air Quality Maintenance Plan", said Memorandum of Understanding being entered into between the County of San Joaquin, a political subdivision of the State of California; the City of Stockton, a municipal corporation; the City of 'Lodi, a municipal corporation; the City of Tracy, a municipal corpora- tion; the City of Manteca, a municipal corporation; the City of Escalon, a municipal corporation; the City of Ripon, a municipal corporation; the San Joaquin County Air Pollution Control District; and the San Joaquin County Council of Governments. A copy of said Memorandum of Understanding, in substantially the form to be executed, is attached hereto, marked Exhibit "A", and by reference made a part hereof. Dated: May 18, 1977 I hereby certify that Resolution No. 4356 was passed and adopted at a regular meeting of the City Council of the City of Lodi held May 18, 1977 by the following vote: Ayes: Councilmen - Ehrhardt, Hughes, Katzakian, Pinkerton and Katnich Noes: Councilmen - None Absent: Councilmen - None ALIC�M REIMCHE City I Exhibit "A" MEhioRA NDUtd OF UNDERSTANDING FOR THE PREPARATION AND ADOPTION OF AN AIR QUALITY MAINTENANCE PLAN This Memorandum of Understanding is entered into between the County of San Joaquin, a political subdivision of the State of California; the City of Stockton,.a municipal corporation; the City of Lodi, a municipal corporation; the City of Tracy, a municipal corporation; the City of Manteca, a municipal corporation; the city of Esealon, a municipal corporation; the City of Ripon, a municipal corporation; the San Joaquin County Air Pollution Control District; and the San Joaquin County Council of Governments. CHAPTER I. AUTHORIZATION 1.1 Air Quality Maintenance Area Designation On June 13, 1974, in compliance with Federal regulations, the California Air Resources Board (ARB) made preliminary designations of nine Air Quality Maintenance Areas (AQMAs) within the state. One designation included San Joaquin and Stanislaus Counties. The ARB's preliminary designa- tion of problem pollutant in this area was oxidant. 1.2 San Joaauin Phase I Policy Task Force The responsibility for the entire Air Quality Maintenance Planning process rests with the Air Resources Board, how- ever, this body concluded that air quality maintenance planning must be carried out as a joint state and local effort. In June of 1975, the Air Resources Board held meetings in every AQMA in the state. At these meetings, it was decided that a local Policy Task Force be created in each AQMA. In San Joaquin/Stanislaus AQMA, Phase I got underway in September, 1975. In January, the Policy Task Force decided to split into single -county task forces. 1.3 Designation of San Joaauin Countv as an Air Quality Maintenance Area On February 24, 1976, the San Joaquin County Council of Governments adopted a resolution accepting designation for San Joaquin County as an Air Quality Maintenance Area for Oxidants. 1.4 Designation of the San Joacruin County Board of Supervisors as the Phase II Policy Body On February 11, 1977, the San Joaquin County Board of Supervisors received formal designation as the lead agency for Air Quality Maintenance Planning in the San Joaquin county portion of the San Joaquin/Stanislaus AQMA. This designation provided the San Joaquin Board of Supervisors with the lead role in coordinating the efforts of various governments in the San Joaquin County portion of the San Joaquin/Stanislaus AQMA for prepara- tion of the Air Quality Maintenance Plan, evaluating the air quality problem and potential solutions, developing a governmental process to ensure adoption and imploTien- tation of the AQMP, and coordinating efforts with those of the Stanislaus County Phase II effort. CHAPTER 2. PHASE II WORK PROGRAM 2.1 Scope of Effort The Air Quality Maintenance Plan for San Joaquin County will be developed in accordance with the Phase II AQ?IP Work Program. The Work Program provides the specific responsibilities of participant agencies and the time frame for preparation of draft portions of the plan for the duration of the plan preparation effort. . 2.2 Work Program Revision Any revisions in the Work Program must be approved by the San Joaquin County Board of Supervisors and the Air Resources Board. Any revision in the Work Program which affects the COG Overall Work Program must be approved by the County Council of Governments Board. CHAPTER 3. AQMP POLICY BODY 3.1 AQN1P Policy Body The AQMP Policy Body shall be the San Joaquin County Board of Supervisors. 3.2 Responsibilities The AQMP Policy Body, having been designated as the Phase II lead agency, shall adopt an Air Quality Maintenance Plan for submission to the Air Resources Board. The Policy Body shall: (a) Ensure the involvement of San Joaquin County Council of Governments and cities in San Joaquin County throughout the planning process. (b) Ensure public involvement throughout the planning process. (c) Draft financial participation and related agreements with the California Air Resources Board and Stanislaus County. (d) Provide overall direction to the San Joaquin County Planning staff and to the Technical Advisory Committee. (e) Publicize findings and issue periodic progress reports.. (f) Draft related recommendations to be made to legisla- tive bodies or agencies. 3.3 AQMP Policy Body Limitations The AQN-1P Policy Body has the authority to adopt an Air Quality Maintenance Plan including strategies and findings for the unincorporated portions of San Joaquin County. However, the AQMP Policy Body recognizes that aspects of the plan including strategies and findings that affect other jurisdictions must be adopted by those jurisdic- tions to be in force. (See Chapter 6) - 2 - CHAPTER 4. AQ`dP ADVISORY CO;u-UTTEE 4.1 Purpose The purpose of the Advisory Committee is to provide for continuous involvement of local jurisdictions and citizens in the Air Quality Maintenance Planning process. 4.2 Formation The composition of the Advisory Committee shall consist of 24 members selected in the following manner: Board of Supervisors - 1 member acting as Chairman City Council of Stockton - 2 members City Council of Lodi - 1 member City Council of Tracy - 1 member City Council of Manteca - 1 member City Council of Escalon - 1 member City council of Ripon - 1 member County Council of Governments - 1 member The remainder of the members will be selected on the basis of 3 from each Supervisorial District and repre- senting various public sectors in the following manner: Business & Transportation - 5 members Agriculture - 5 members Public at Large -.5 members 4.3 Responsibilities R The Advisory Committee will consider strategies and plans presented by the Technical Committee at scheduled meetings. After review, the Advisory Committee will make recommen- dations to the Board of Supervisors. The Committee may also suggest areas of concern which may need to be addressed by the Technical Committee. 4.4 Meetings Meetings of the Advisory Committee shall be called at the discretion of the Committee Chairman. CHAPTER 5. AQ.MP TECHNICAL COMMITTEE 5.1 Formation of Technical Committee The Planning Director of San Joaquin County shall select the membership of the Air Quality Maintenance Planning Technical Committee. This Committee shall include representation from the following agencies: San Joaquin County Planning San Joaquin County Council of Governments City of Stockton Air Resources Board Air Pollution Control District Caltrans Representation from other agencies may be added to this. Committee to ensure a wide range of considerations in the formation of the Air Quality Maintenance Plan. 3 _ 5.2 Responsibilities The AQ2%IP Technical Committee shall: (a) Coordinate and develop an Air Quality Maintenance Plan for San Joaquin County. (b) Provide assistance, advice, and recommendations to the AQ,%IP Advisory Committee and the AQ`IP Policy Body in the adoption of the Air Quality Maintenance Plan. CHAPTER 6. OTHER JURISDICTIONS 6.1 Stockton City Council and San Joaquin County Council of Governments Executive Board Participation in Phase II AQMP The Stockton City Council and the County Council of Gov- ernments Executive Board will serve as major implementing or planning agencies for AQ:IP land use and transportation strategies within their respective jurisdictions. Work products prepared for the AQM? will, therefore, be pre- sented to the Stockton City Council and the Council of Governments Board for review and/or action at intervals similar to Policy Body presentations. 6.2 City Council Presentations Presentations will be made before City Councils within San Joaquin County, other than the City of Stockton, for strategies which affect those jurisdictions. 6.3 Advisory Committee The findings of the Advisory Committee shall be provided to any jurisdictions party to this agreement. 6.4 Plan Adoption While it is understood that each jurisdiction must adopt the plan in order to have it in force within the jurisdic- tion, all revisions or recommendations to the plan strategies or findings must be submitted before the Advisory Committee for recommendation to any'jurisdicti.ons. This Memorandum of Understanding may be executed in any number of counter parts. The failure of any party hereto to execute this Memorandum shall not affect its binding force as to those parties who execute a counter part hereof. In witness whereof the parties hereto have executed this Memorandum of Understanding the date affixed next to the parties' respective signatures. Dated: SAN JOAQUIN COUNTY AND THE SAN JOAQUIN COUNTY AIR POLLUTION CONTROL BOARD ATTEST: RALPH W. EPPERSON County Clerk and Ex -officio Clerk of the Board of Super- BY visors of the County of San RICHARD S. YOSHIKAWA, c"nairntan Joaquin, State of California Board of Supervisors By. (SEAL) Deputy Clerk _ Dated: April 29, 1977 CITY OF sroCxTON, a runicipal Corporation of the State of ATTEST: California C Y ERK�, Mayor Dated: May 18, 1977 CITY OF LODI, a Municipal Corporation of the State of California ATTEST: / I Alice M. Reimche, City Clerk Walter Kataich , Mayor Dated: CITY OF TRACY, a Municipal Corporation of the State of California By Mayor Dated: CITY OF MANTECA, a Municipal Corporation of the State of California By Mayor Dated: CITY OF ESCALON, a Municipal Corporation of the State of California BY Mayor Dated: CITY OF RIPON, a Municipal Corporation of the State of California By , Mayor Dated: SFI7 J0AQT7vll COMTPY COUNCIL OF GOVER04E. S T , Chairman f - 6 -