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95-001 RESOLUTION NO. 95R-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, CALIFORNIA, APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENT (SCAG) FOR PARTICIPATION IN THE CLEAN CITIES PROGRAM WHEREAS, the United States Department of Energy has a Clean Cities program, a voluntary federal program designed to accelerate and expand the use of alternative fuel vehicles (AFV's) in urban communities and to provide refueling and maintenance facilities for their operation; and WHEREAS, on May 5, 1994, the Regional Council of the Southern California Association of Governments (SCAG) voted to seek designation as a member of the Clean cities program; and WHEREAS, the purpose of designating SCAG is to streamline the process by which a local government receives a "Clean City" designation, providing local governments the following specific services: · Coordinated distribution of information on alternative fuel vehicle purchase opportunities; · Access to available state and federal funds and grants; · Greater purchasing capacity and efficiency for public and private sector fleet purchases; · Coordinated guidance and assistance to public and private entities who wish to purchase alternative fuel vehicles and deploy other advanced transportation technologies; and WHEREAS, a Memorandum of Understanding between SCAG and the cities and counties within its territory has been prepared regarding participation in the Clean cities program; and WHEREAS, the public interest would be served by entering into and executing the proposed Memorandum of Understanding; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the attached Memorandum of Understanding between the Southern California Association of Governments and the City of Anaheim be, and the same is hereby, approved. BE IT FURTHER RESOLVED that the Mayor be, and he is hereby, authorized to execute said Memorandum of Understanding on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and adopted by the City Council of the City of Anaheim this 10th day of January , 1995. ATTES~ CITY CLERK OF THE CITY OF ANAHEIM 10093.1\EEGAN\December 23, 1994 STATE OF CAMFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 95R-1 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 10th day of January, 1995, by the following vote of the members thereof: AYES: MAYOR/COUNCIL: Lopez, Zemet, Feldhaus, Daly NOES: MAYOR/COUNCIL: 'None ABSENT: MAYOR/COUNCIL: None COUNCIL VACANCY: COUNCILMEMBER: One AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 95R-1 on the 10th day of January, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of January, 1995. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SONL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 95R-1 was duly passed and adopted by the City Council of the City of Anaheim on January 10, 1995. CITY CLERK OF THE CITY OF ANAHEIM MEMORANDUM OF UNDERSTANDING BE'rVVEEN THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) AND THE CITY OF ANAHEIM REGARDING PARTICIPATION IN THE CLEAN CITIES PROGRAM WHEREAS, the Southern California Association of Governments (SCAG) is the designated Metropolitan Planning Organization (MPO) for the counties of Riverside, San Bernardino, Imperial, Ventura, Orange and Los Angeles and 184 cities within these counties; and WHEREAS, the cities and counties within the jurisdiction of SCAG are also located in the South Coast Air Basin, Southeast Desert Air Basin (Ventura County); and WHEREAS, the South Coast Air Basin is the only area in the nation in the "extreme" category for non-attainment based on ozone concentration; and WHEREAS, both South Central Air Basin and Southeast Desert Air Basin are in the "severe" category for ozone concentration; and WHEREAS, the respective State Implementation Plan (SIP) submittals for these air basins contain transportation control measures (TCMs) designed to improve the region's air quality and thus bring the region into compliance with state and federal air quality standards; and WHEREAS, the TCMs contained in the SIP submittals for the three air basins promote, inter alia, the development of zero-emission vehicles (ZEVs) and alternate-fuel vehicles (AFVs); and WHEREAS, the California Air Resources Board (CARB) has promulgated regulations pertaining to ZEVs ad AFVs; and WHEREAS, the Energy Chapter of the SCAG Regional Comprehensive Plan (RCP) recommends implementing the development of alternative fuels, AFVs, and ZEVs; and -2- WHEREAS, the United States Department of Energy (DOE) is committed to energy use in the transportation sector that is safer, more environmentaly sound, efficient, and sustainable, and which is less dependent on foreign energy sources; and WHEREAS, the 1990 Clean Air Act Amendments, the Energy Policy Act of 1992, and Executive Order 12844 (concerning Federal use of AFVs) all establish guidelines for effecting a favorable energy and environmental situation in the transportation sector; and WHEREAS, the 1994 SCAG Regional Mobility Plan contains an Advanced Transportation Technology Strategy that includes AFVs and ZEVs and support for the Southern California Economic Partnership, a public/private organization, to develop early deployment plans for these Technologies; and WHEREAS, the DOE Clean Cities program serves as an umbrella to structure and achieve the goals and programs of the Energy Policy Act and to coordinate objectives of government and other federal directives such as Clean Air Act; and WHEREAS, at their regular meeting on May 5, 1994, the SCAG Regional Council approved a request to the Secretary of the U.S. Department of Energy to designate SCAG as a member of the Clean Cities Program; and NOW, THEREFORE, IT IS AGREED, that the City of Anaheim will participate in the SCAG Clean Cities Program in the interest of: 1. Reducing the national dependence on imported petroleum for transportation uses, as specified in the Energy Policy Act of 1992; 2. Complying with the Alternative Fuel Fleet provisions of the Federal Policy Act of 1992; -3- 3. Assisting the region to comply with the Alternative Fuel Fleet provision of Title II of the Clean Air Act Amendments of 1990, the California Clean Air Act, and local Air Quality Districts regulations as SCAG region is considered to a non-attainment area; 4. Educating the public on alternative fuels and available vehicles which encourage their use; 5. Assisting to stimulate the economic vitality of the region and California by encouraging the utilization of emerging advanced transportation technologies; and 6. Encouraging the development of a market driven and sustained public alternative fuel infrastructure. The undersigned agencies and entities enter into this voluntary Memorandum of Understanding in order: 1. To join in a coordinated effort to promote and accommodate . the acquisition and use of alternative fuel vehicles, change local and state laws to facilitate alternative fuel vehicles and infrastructure, and establish necessary refueling sites and servicing facilities; 2. To provide assistance in the collection and analysis of environmental, economic, and performance data on alternative 'fuel vehicle use and experience, and distribution of information regarding alternative fuels and vehicles; 3. To work with SCAG and public/private organizations such as the Southern California Economic Partnership (SCEP) to encourage engine manufacturers and alternative fuel producers to develop vehicles and infrastructure that meet local and regional needs; and -4- 4. To develop applications for funding or services from the state and federal governments or other appropriate sources to sustain the objectives of the program. This Memorandum of Understanding may be amended by mutual agreement between DOE and signatories or may be terminated by mutual agreement. Signatories may terminate individual participation upon a 30- day written notice. This MOU is not intended to and does not create any contractual rights and obligations with respect to the signatories or any other parties. IN WITNESS THEREOF, this MEMORANDUM OF UNDERSTANDING AND WORK PROGRAM PLAN has been executed of the day and year first above written and shall remain in effect for a period of five years, after which the MOU becomes eligible for renewal. MARK PISANO JAMES D. RUTH Executive Director, SCAG City Manager City of Anaheim Date Date ; PPROVED AS TO FORM: JACK L. WHITE. CITY ATTORNEY