HomeMy WebLinkAboutMINUTES - 09141993 - TC.2 - - Contra
TO: BOARD OF SUPERVISORS Costa
FROM: TRANSPORTATION COMMITTEE n "n. County
DATE: September 13, 1993
SUBJECT: Report on the Joint Powers Agreement for the Contra Costa Congestion
Management Agency
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Approve, in substantially the form presented, the Joint Powers
Agreement for the Contra Costa Congestion Management Agency,
subject to a revision in the text limiting the billing
forumula specified in Section 1 of ;Ex-h�i1B1Vh—wA�k of the JPA to
Fiscal Year 1993-94, and authorize its signature by the Chair
of the Board of Supervisors; and
2 . Authorize the Director of Public Works to use the Road Fund to
fund the County's participation in the JPA for Fiscal Year
1992-93 in an amount not to exceed $118,796.
FISCAL IMPACT
All County costs would be funded through Proposition 111 funds
received by the County. No General Fund revenues would be used.
The County's share of the local contribution to annual CMA costs is
based on the allocation of state gas tax revenues within the
County. The County's share for Fiscal Year 1992-93 is $118,796, or
49 . 5 percent of the total local contribution of $240, 000.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Contra Costa Transportation Authority was designated in 1991 by
all jurisdictions in Contra Costa to serve as the county's
Congestion Management Agency (CMA) . Each county, as required by
Proposition 111 's implementing legislation, must designate a body
a to serve as its CMA. Among its activities, the CMA is responsible
s for preparing a Congestion Management Program (CMP) and determining
if the cities and the County are complying with its requirements.
CONTINUED ON ATTACHMENT: XX YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE (S) : Tom Powers Gaye Bishop
ACTION OF BOARD ON September 14, 1993 APPROVED AS RECOMMENDED OTHER X_
The above recommendations were approved, with the following revision to Recommendation
No. 1:- APPROVE, in substantially the form presented, the Joint Powers Agreement for the
Contra Costa Congestion Management Agency, AUTHORIZE its signature by the Chair of the
Board
��aaofff��Supervisors, and REQUEST the CMA to clarify how the JPA allows the allocation
Vo�%m8j"SUJERVIS$I�S- contribution to the CMA to be reviewed and revised in the future.
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Community Development Department ATTESTED_ September 14, 1993
cc: Public Works Department PHIL BATCHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY , DEPUTY
v T
t a
Joint Powers Agreement for the Contra Costa Congestion Management Agency
September 13, 1993
Page Two.
A jurisdiction judged out of compliance by the CMA will not be eligible to
receive its Proposition 111 allocation of state gas tax
revenues. State law prohibits expenditure of surface transportation program
funds or congestion mitigation and air quality funds for a project in a
jurisdiction that has been found to be in non-conformance with the CMP, unless
the Metropolitan Transportation Commission finds that the project is of regional
significance.
In 1992 , the Public Managers Association requested preparation of a JPA to
specify how local jurisdiction support will be provided for CMA functions.
After discussion with city and County staff,. the CCTA approved the JPA for
execution by the cities and County in April (- e'e-- x TUktA copy of the CCTA
staff report in included as JWxKRb'rt:..B'1
The funding formula for allocating the local contribution to the CMA has been
a previous concern of the County. Prior drafts of the JPA allocated the local
contribution . based on the amount of Proposition 111 gas tax funds received by
each jurisdiction in relation to the amount received by all the jurisdictions
for the fiscal year. The County's share of the local contribution would be
nearly 50 percent of the total contributed by all 19 jurisdictions, which is
anticipated to range between $200, 000 and $250, 000 annually. While the County
contributes about half the local contribution, the County is allocated only two
of the 11 votes in the JPA. Furthermore, this formula is not consistent with
sharing CMA costs on the basis of the revenue received by each jurisdiction.
The County does not receive 50 percent of the state and federal transportation
revenues allocated in Contra Costa. Jurisdictions can only receive these funds
if they comply with the CMP.
One of the four objectives. of the agreement (Section 2 .D of the JPA) is to
"Establish a mechanism for the equitable sharing of costs of the Congestion
Management Program. " The JPA contains some conflicting language which
explicitly describes an allocation formula but gives flexibility to change the
formula to the CMA. This language is consistent with the the CCTA's unanimous
action of November 18, 1992 to "approve the use of the Proposition 111 gas tax
allocation for assigning incremental CMA costs to local jurisdictions with the
understanding that this will be reviewed in the future. "
Section 8 refers to Exhibit A of the JPA for specific billing formulas. Exhibit
A specifies the contribution of each local jurisdiction shall be based on the
amount of Proposition 111 gas tax funds received by each jurisdiction in
relation to the amount received by all the jurisdictions for the fiscal year.
This formula would lock in the County's allocation at about 50 percent of the
total local contribution. Section 19 specifies any amendment to this agreement
(including Exhibit A of the JPA) requires the unanimous concurrence of all
participants.
Section 17, however, delegates to the Authority the power to determine and to
levy upon the local jurisdictions, whether or not parties to the JPA, a
reasonable fee to defray the incremental cost of implementing the state-mandated
CMA requirements according to the CMA's adopted annual budget. The annual
budget process incorporates a review period by local jurisdictions which will
received a proposed CMA budget 30 days prior to the adoption of the final budget
(see Section 8) . Section 10.G establishes a Public Managers Committee to
facilitate review and comment on the preliminary budget before June 1.
It is unclear whether there will be any ability to change the allocation formula
from the Proposition 111 allocations without a unanimous vote of the
participants. The Board should consider this ambiguity in its review of the
Transportation Committee's recommendations.
CONSEQUENCES OF NEGATIVE ACTION
Failure to be a party to the JPA may result in a finding of non-conformity with
the CMP (Section 8 of the JPA) . Failure to pay the County's share of the local
contribution to the CMA will result in a finding on non-conformity with the CMP
(Section 17 of the JPA) .
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JOINT POWERS AGREEMENT ,
CONTRA COSTA CONGESTION MANAGEMENT AGENCY
L. PURPOSE
The Contra Costa Transportation Authority has been
designated by Contra Costa County and a majority of the
cities in the county having a majority of the population as
the county' s Congestion Management Program agency pursuant
to Title 7, Division 1, Chapter 2 .6, commencing with 65088
of the California Government Code. In addition, the
Transportation Authority, pursuant to Measure C, approved
by the voters of Contra Costa County in 1988, administers
the Growth Management Program of Measure C. The purpose of
this Agreement is to consolidate the designation of the
Contra Costa Transportation Authority as Congestion
Management Program agency with the Transportation
Authority' s Growth Management Program and to set forth the ,
terms and conditions of such designation, including .
provisions for cost sharing for functions to be carried out
by the designated agency. In accordance with this
Agreement, the Transportation Authority shall be the agency
designated to administer and execute the Agreement. Such
consolidation effects efficiencies and eliminates redundant
functions, and better organizes the functions and
responsibilities of the Transportation Authority. In
accordance herewith, the Transportation Authority shall be
responsible for preparing, adopting, revising, amending,
administering, and enforcing the Congestion Management
Program and the Measure C Growth Management Program- for
Contra Costa County, as well as a countywide transportation
plan for Contra Costa County pursuant to Section 66531 of
the California Government Code.
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2. OBJECTIVES
The objectives of this Agreement are to:
A. Coordinate certain transportation, growth management,
and congestion management planning within a single
public agency within Contra Costa County.
B. Implement the requirements of AB 471 ( 1989) and AB
1791 (1990) (Katz) , commencing with California
Government Code Section 65088, and any subsequent
state legislation to create, administer and enforce a
Congestion Management Program.
C. Through the Transportation Authority, to perform
Congestion Management. Program functions as Congestion
Management Agency for the County and the cities within
the County and to coordinate and centralize Congestion
Management Program and Growth Management Program
functions within a single agency.
D. Establish a mechanism for the equitable sharing of
costs of the Congestion Management Program.
It is a goal of the Congestion Management Agency to foster
early communication among Member Agencies on projects and
issues that impact the Member Agencies, the Authority, and
the designated Congestion Management Program transportation
system.
3. DEFINITIONS
Certain words as used in this Agreement shall be defined as
follows:
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A. "Agency" shall mean the Contra Costa Congestion
Management Agency ( "CMA" ) the designation of which is
affirmed by this Agreement. The Agency is one of the
parties to this Agreement and no separate entity is
formed by execution and implementation hereof.
B. "Authority" and "Transportation Authority" means the
Contra Costa .Transportation Authority, the local
transportation authority created pursuant to
California Public Utilities Code sections 180000 et
seq. , and authorized by the Contra Costa
Transportation Improvement and Growth Management
Ordinance, adopted by the Authority and approved by
the voters of Contra Costa in 1988 ( "Measure C" ) , to
administer the Growth Management Program of the
.Authority and the Member Agencies. By vote of the
County and a majority of the cities having a majority
of the population within the incorporated area of the
County, the Authority was previously designated as
Contra Costa' s Congestion Management Agency.
C. "CMP" means the Congestion Management Program to be
implemented by the Agency.
D. "County" means the county of Contra Costa.
E. "GMP" means the Growth Management Program required to
be implemented by the Authority under the provisions
of Measure C.
F. "Governing Board" means the Board of Commissioners of
the Agency.
G. "Local Agencies" shall mean: ( 1) the County; and (2)
the incorporated cities and towns of Contra Costa
County.
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H. "Member Agencies" shall mean such of the Local
Agencies as are parties. to this Agreement.
4. EFFECTIVE DATE: ADDITION OF NEW PARTIES
This Agreement shall become effective upon the approval of
and execution by authorized representatives of the
Authority, the Board of Supervisors of the County and a
majority of the cities and towns representing a majority of
the population of the cities and towns within the County.
Cities or towns incorporated after the effective date of
this Agreement may become signatories to this Agreement.
5. AFFIRMATION OF DESIGNATION OF THE CONTRA COSTA
TRANSPORTATION AUTHORITY AS THE CONTRA COSTA CONGESTION
MANAGEMENT AGENCY
The Authority, designation of which was previously made
pursuant to Government Code Section 65089, is hereby
affirmed as the Contra Costa Congestion Management Agency,
to exercise in the manner set forth in this Agreement, the
powers common to each of the Member Agencies. The Authority
shall be the entity to -administer and execute this
Agreement and shall perform the functions of the Agency and
no separate entity is -intended to be formed hereby.. No
debt, liability, or obligation of the Agency shall
constitute a debt, liability or obligation of 'the Authority
in its capacity as local. transportation authority for the
County, or of any other party and each party' s obligation
hereunder is expressly limited only to the appropriation
and contribution of such funds or services as provided
herein, as may be levied pursuant to this Agreement or as
the parties hereto may agree.
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6. FUNCTIONS AND RESPONSIBILITIES OF THE AGENCY
The functions and responsibilities of the Agency shall be
consistent with those of a congestion management agency
under provisions of the Government Code referenced in
Section 1 above and with the provisions of the Measure C
GMP, and -shall include, without limitation as to the
generality of the foregoing:
A. Consider the General Plans of the Member Agencies and
the work of the Authority as. previously designated CMA
in order to develop and update a CMP, a GMP and a ,
county-wide database on land-use impacts for use in a
county-wide transportation computer model. (See H.
below regarding regional coordination. )
B. Institute and update a program to analyze impacts of
land-use decisions made by the Member Agencies on the
Designated CMP Roadway System, regional, and
interregional transportation systems, and air quality.
C. Establish, review and update traffic level-of-service
(LOS) standards, to include without limitation as to
the generality of the foregoing:
Define/update county-wide designated CMP and GMP
roadway systems including principal arterials and
State highways.
- Establish LOS on those networks .
D. Periodically review, accept or reject Deficiency Plans
in. accordance with Title 7, Division 1, Chapter 2 .6,
commencing with section 65088 of the California
Government Code (AB 1791-Katz) . Deficiency Plans
identify deficient segments or intersections on the
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CMP roadway system that do not meet the LOS standards
established by the CMA.
E. Establish, periodically review and update standards
for county-wide frequency and routing of public
transit and coordination of transit service provided
by separate operators.
F. Provide technical assistance to Member Agencies to
facilitate the development of policies and programs to
implement adopted CMP and GMP trip, reduction and
travel demand requirements.
G. Develop, periodically review and update a CMP and a
GMP for the County which are coordinated and
consistent with the countywide transportation plan and
the Bay Area Air Quality Management District' s
(BAAQMD) Clean Air Plan.
H. Establish a process of notification for development
projects that impact other Member Agencies and the
designated CMP and GMP transportation systems.
I. Develop, review and periodically update a seven-year
transportation capital improvement program for the CMP
that includes completion and update of the Authority' s
countywide transportation plan projects .
J. Formulate and facilitate the implementation of Trip
Reduction and Transportation Demand Management ( "TDM" )
programs and strategies for the cities and towns
within the County and for the County.
R. Monitor the implementation of all elements of the CMP
and the GMP and with reference to the CMP, if
necessary, make findings as to non-conformance by any
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Local Agency, as set forth in. Title 7, Division 1,
Chapter 2 .6, commencing with Section 65088 and any
amendments thereto or any additions to state law that
affect Congestion Management Programs and/or
Congestion Management Agencies.
L. Coordinate planning with contiguous counties and the
Metropolitan Transportation Commission.
M. Facilitate the County-wide response to regional and
statewide requirements, including the California Clean
Air Act of 1988 and the Transportation Control
Measures of the BAAQMD' s Clean Air Plan.
N. Coordinate, the county-wide response with:
The California Transportation Commission and the
Department of Transportation for Flexible Congestion
Relief and Transportation Systems Management ( "TSM" )
and other relevant funding programs;
The Metropolitan Transportation Commission's ( "MTC" )
guidelines for County Transportation Plans, Regional
Transportation Improvement Programs ( "RTIP" ) , State
Transportation Improvement Programs ( "STIP" ) and the
Regional Transportation Plan.
O: Perform other GMP functions as more fully described in
Measure C and the Authority's implementation documents
on behalf of the Authority.
P. Perform such other functions and responsibilities as
may be added by amendment to this Agreement pursuant
to Section 19 .
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Q. Perform such other functions and responsibilities as
are consistent with the purpose, objectives, functions
and responsibilities described in this Agreement or
which are imposed by state or federal law.
R. Nothing in this Agreement shall preclude the
integration of CMA items within the meeting agenda(s)
of the Authority, or require a separate CMA Agenda.
If integrated agenda(s) are used, CMA items shall be
so noted.
7. POWERS
The Agency shall have the power to prepare, adopt, revise,
amend, administer and enforce the provisions of the CMP and
the GMP, and to execute other duties as identified in this
Agreement. The Agency is hereby authorized in its own name
to perform all acts necessary for the exercise of said
powers including but not limited to the following:
A. To make and enter into contracts, memoranda of
understanding and cooperative and other agreements;
B. To apply for and accept grants, advances,
contributions, and subventions;
C. To employ or contract for the services of agents,
employees, consultants and such other persons or firms
as .it deems necessary;
D. To make plans and conduct studies and to review,
recommend or adopt revisions or amendments thereto to
the extent allowed by law;
E. To rent, lease, acquire, construct, manage, maintain,
operate and control any buildings, works or
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improvements necessary to perform its functions under
this Agreement;
F. To acquire, hold or dispose of property necessary to
perform its functions under this Agreement;
G. To sue and be sued in its own name;
H. To incur debts, liabilities or obligations, subject to
limitations herein set forth;
I . To levy and collect fees, grants, transfers and other
reimbursements and payments from the Authority and
Local Agencies reasonably calculated to recover its
cost of operation;
J. To adopt, as authorized by law, ordinances or
resolutions necessary to carry out the purposes of
this Agreement;
K. To seek state and federal funding to defray the cost
of preparing, .adopting, amending, administering and
enforcing the Congestion Management Program and other
duties described in this Agreement.
S. ANNUAL BUDGET
The fiscal year of the Agency shall be July 1 through June
30. For fiscal years commencing after June 30, 1993,
before April 1 of each calendar year, the Board shall
approve a preliminary budget for the Agency for the fiscal
year commencing with July 1 of the same calendar year. The
Agency shall adopt before July 1 of each year a final
budget for the succeeding fiscal year setting forth all
administrative, operational and capital expenses for the
Agency, together with an .estimated apportionment of such
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expenses to be levied against the Authority and each Local
Agency. Failure to become a party to this Agreement shall
not relieve a Local Agency of its obligation to contribute
to CMP costs, and may result in a finding of non-conformity
as set forth more fully in Section 17 below. The Agency
shall notify and provide a copy of the proposed budget to.
each Local Agency thirty (30). days prior to the adoption of
the final budget. The budget shall be revised at mid-year
to account for any changes in anticipated revenue and
expenditures, but in no event shall Local Agency
contributions be increased without the agreement of the
affected Local Agency. Local Agencies shall be billed on
May 1 for estimated contributions for that fiscal year,
which shall be immediately payable . and shall be delinquent
unless paid on or before the last day of the fiscal year.
Billing formulas and related procedures shall be `set forth
in Exhibit A hereto, which Exhibit is incorporated by this
reference herein as if fully set forth.
Attached to this Agreement as Exhibit B is a budget and
allocation for fiscal year 1993. By executing this
Agreement, each party hereto agrees to contribute its
allocated amount for fiscal 1993, adjusted to reflect
actual expenditures and receipt of Proposition 111 gas tax
funds in accordance with the next preceding paragraph of
this Agreement and Exhibit A hereto.
9. BOUNDARIES
The boundaries of the Agency jurisdiction shall be the
boundaries of the County of Contra Costa.
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10. ORGANIZATION
A. Board
The Agency shall be governed by a Board of
Commissioners which shall exercise. all powers and
authority on behalf of the Agency. The Governing
Board of the Agency shall consist of the Board of
Commissioners of the Authority as constituted and
reconstituted from time to time. Except to the extent
inconsistent herewith, the Administrative Code,
policies and procedures of the Authority shall be the
Administrative Code, policies and procedures of the
Agency, and they are by this reference incorporated,
including any amendments or modifications thereto
subsequent to the date hereof. References therein to
"Authority" shall be deemed, unless the context
otherwise demands, references to the Agency.
B. Chairperson and Vice-Chairperson
The Chair and Vice-Chair of the Authority Board shall
be Agency Board Chair and Vice-Chair respectively.
C. Executive Director
The Executive Director of the Authority shall be the
Executive Director of the Agency.
D. Vote Required
( 1) Majority Vote
Except as set forth in D. (2) below, the
affirmative vote of a majority of the Agency
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Board Members shall be required for the. approval
of any action.
(2) Sixty Percent Vote
The affirmative vote of at least sixty percent
(60%) of the Agency Board Members shall be
required for (a) the making of a finding of
non-conformance with the requirements of the
Congestion Management Program and (b) the
approval or imposition of a regional traffic
mitigation fee.
E. Meetings of the Governing Board
( 1) Regular Meetings
The Governing Board shall hold at least one
regular meeting each quarter. The date, hour and
place at which each such regular meeting shall be
held shall be fixed by the Governing Board and
shall be coordinated with the holding of the
Authority' s monthly Board meeting.
(2) Special Meetings
Special meetings of the Governing Board may be
called and noticed in accordance with provisions
of law.
(3) Notice of Meetings
All meetings of the Governing Board shall be
called, noticed and held subject to the
provisions of the Ralph M. Brown Act, being
sections 54950 et seq. of the Government Code,
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and other applicable laws of the. State of
California requiring notice of meetings of public
bodies to be given.
(4) Minutes
The Governing Board shall cause minutes of all
meetings to be kept and shall after each meeting
cause a copy of the minutes to be forwarded to
each member of the Board, to the Authority and to
each Member Agency.
(5) Quorum
A majority of the members of the Governing Board
shall constitute a quorum for the transaction of
business, except that from time to time less than
a quorum may adjourn a meeting-.
F. Procedures, Rules and Regulations
The Governing Board may adopt such procedures, rules
or regulations for the conduct of its affairs. as may
be required.
G. Committees
The standing and advisory committees of the Authority
shall act as the committees of the Agency.. In
addition there shall be a Public Managers Committee of
the Agency consisting of managers selected by the
Public Managers Association .(PMA) . The Public
Managers Committee shall periodically review the
objectives, budget and expendituresofthe Agency.
The Agency will facilitate the Regional Transportation
Planning Committees ' review and comment on the
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preliminary budget before June 1, so- that the
Authority can fully consider those comments prior to
adoption of the final budget.
H. Other Committees
The Governing Board may establish other committees
necessary to accomplish its responsibilities under
this Agreement.
11. STAFFING
The .planning staff of-.the Authority shall serve as Agency
staff. The Governing Board and the Executive Director
shall appoint and retain such other staff as necessary to
fulfill the Agency' s powers, duties and responsibilities
under this Agreement, including but not limited to
appointment of temporary or permanent staff.
12.E RESTRICTIONS UPON EXERCISE OF POWER OF THE CONTRA COSTA
CONGESTION MANAGEMENT AGENCY
This Agreement is entered into under the provisions of
Title 1, . Division 7, Chapter 5, commencing with Section
6500 of the Government Code concerning joint powers
agreements. The powers to be exercised hereunder shall be
subject to the restrictions upon the manner of exercising
those powers as limited by law.
13. FUNDS AND ACCOUNTING SERVICES
Pursuant to Government. Code Section 6505. 1, the Authority
and its designated officers, employees and agents are
hereby designated, as the persons who have charge of,
handle and have access to any and all property of the
Agency. The Authority shall file an official bond on
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behalf of each such person in an amount to be determined by
the parties hereto. The Authority and its designated
officers, employees and agents shall, on behalf of the
Agency, receive all Agency funds from whatever source and
place them in a depository for the credit of the Agency.
The Authority shall instruct the designated depository to
draw warrants against the Agency when the demands have been
approved by a person authorized by the Governing Board.
The Authority shall provide a written report to the Agency
at least once a month of the amount of funds held for the
Agency in said account and the amount of receipts and
disbursements since the prior report. Said report shall be
made available to the Member Agencies upon request. The
Authority shall maintain the accounting records for all
Agency funds in accordance with generally accepted
accounting principles. The Agency will be charged for all .
accounting services provided by the Authority and the
designated depository as. .part of this Agreement. The
Authority will document the cost of the accounting services
provided and notify the Agency. The Agency will reimburse
the Authority after the approval of the Agency' s Governing
Board.
14. ANNUAL AUDIT
The functions of auditor shall be performed for the Agency
by an independent certified public accounting firm selected
by the Governing Board.
The Executive Director will ensure that an audit of the
accounts and records is performed at least annually. Audits
will be performed by a contracted firm .of Certified Public
Accountants. The minimum requirements of this audit shall
be those prescribed by the State Controller for special
districts under section 26909 of the Government" Code and
the audit shall conform to generally accepted auditing
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standards. A report. of the audit shall be filed as public
records with each of the contracting parties and also with
the county auditor of the County. Such report shall be
filed within 12 months of the end of the fiscal year or
years under examination. Any costs of the audit, including
contracts with, or employment of certified public
accountants or public accountants, in making an. audit
pursuant to this section shall be borne by the Agency. The
Agency, byunanimous request of its Governing Board, may
replace the annual audit with an audit covering a two-year
period.
15. CONTINUATION OF AGENCY IN EVENT OF TERMINATION OF MEASURE C
SALES TAX PROGRAM AND DISPOSITION OF AGENCY FUNDS UPON
TERMINATION
Upon termination of the Measure C sales tax program prior
to termination of the Authority as the designated CMA, the
Authority shall continue to exist as a separate agency for
the purpose of acting as CMA.
Notwithstanding any other provision of this Agreement, the
Agreement and the Agency' s .function as the CMA shall be
terminated in the event that either of the following
occurs: ( 1) legislation is enacted which terminates
authorization and/or all requirements for the Congestion
Management Agency, which termination shall be effective
upon the effective date of termination of such
authorization or requirements; or (2) either the governing
bodies of a majority of the cities, representing a majority
of the population of the incorporated area, or the County
Board of Supervisors, pass resolutions withdrawing the
designation of the Agency as CMA. In the event of such
action by the Board of Supervisors or the cities,
withdrawal of such designation and termination .of this
Agreement shall be effective on the third anniversary of
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the first day of the fiscal year of the Agency next
following the fiscal year in which the Agency receives ,
notice of withdrawal of designation. In either event, the
Agency shall continue as CMA with all the duties and powers
provided by law and this Agreement to the effective date of
termination and costs incurred by the Agency prior to the
effective date of termination shall be considered eligible
costs for reimbursement if they are contained within the
Agency's approved budget.
In the event of termination of the Agency, Agency funds,
including any interest earned on deposits remaining upon
termination of the Agency and after payment of all
obligations, shall be returned to .each Member Agency and to
the extent applicable, the Authority, in proportion to the
total contribution of each such Member Agency during the
term of this Agreement. All decisions of the Agency
Governing Board with regard to determination of amounts to
be returned to Member Agencies shall be final.
16. WITHDRAWAL AND TERMINATION OF MEMBERSHIP
A party hereto may elect to withdraw from the Agreement by
giving no less than 90 days written notice. Any such
withdrawal shall be effective only on July 1 of . the fiscal
year following the fiscal year within which notice of
withdrawal is given. Said withdrawing party shall be liable
for all outstanding .charges and annual contributions due
and payable up to and including the effective date of
withdrawal and shall waive any right to a proportionate
distribution on termination of the Agency. Withdrawal from
this Agreement shall not relieve the party of its
obligation to contribute to CMA costs .in accordance with
the Agency approved budget; provided that such withdrawal
shall not be a consideration in the fixing of the withdrawn
party' s share of the Agency budget, and that such withdrawn
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party' s share shall be. proportional to. its obligation as
determined by the allocation method selected by the Agency }
for the purposes of the budget.
17. SPECIAL PROVISIONS .
The Authority and Member Agency signatories to this
Agreement anticipate the need for levying a reasonable
annual fee- to defray the costs of preparing, maintaining,
administering and enforcing the Congestion Management
Program. The parties hereto delegate to. the Agency the
power to determine and to levy upon the Local Agencies,
t
whether or not parties to this Agreement, a reasonable fee
to defray the incremental cost of preparing, maintaining,
administering and enforcing the Congestion Management
Program and other dutiesof the Agency as specified in this
Agreement according to the Agency' s adopted annual budget.
It is presumed that such fees will be paid by Local
Agencies from fuel tax subventions to local government
pursuant to Proposition 111, which passed at the primary
election on June 5, 1990, and/or any other funds available
for the purpose. It is intended that the Authority's
contribution will be funded by the Regional Transportation
Planning and Growth Management and the Bus Transit
Improvements and Coordination program accounts of the
Measure C Expenditure Plan.
Failure to become a ,Member Agency to this Agreement does
not relieve a Local Agency of its obligation to contribute
to the cost of the Congestion Management Program and any
Local Agency' s, including a Member Agency' s, failure to pay
within the period set forth in Section 8 above, the fee(s)
levied against it to the Agency shall be deemed to
constitute non-conformance with the requirements of the
Congestion Management Program; provided, that a Local
Agency excused from contributing by reason of its failure
-18-
[SF2/SST:528 - 4/14/93] r
to receive Proposition ill gas tax funds due to its failure
to meet applicable maintenance of effort requirements,
shall not be deemed to be in non-conformance with its CMP
requirements. In the .event a Local Agency is deemed to be
in non-conformance with its CMP requirements, the Agency
shall notify the State Controller of the Local Agency' s
non-conformance.
It is expressly understood and agreed among the parties
hereto that the Congestion Management Program and the
Growth Management Programs impose separate requirements
upon. the Local Agencies. Non-conformance with any
requirement of one of such programs shall not constitute
non-conformance with a requirement of the other program,
unless it also constitutes a separate requirement of the
other program. By way of example only, non-conformance
with the affordable housing requirement of the Growth
Management Program shall not constitute non-conformance
with a requirement of the Congestion Management Program.
18. INDEMNIFICATION
It is mutually understood and agreed, relative to the
reciprocal indemnification of the parties hereto that
neither a party, nor any officer or employee thereof, -shall
be responsible for, and the indemnifying party shall fully
indemnify and hold harmless the other parties and each of
them against any damage or liability occurring by reason of
anything done or omitted to be done by the indemnifying
party under or in connection with any work, authority or
jurisdiction delegated to such indemnifying party pursuant
to this Agreement. It is also understood and agreed that,
pursuant to Government Code Section 894 .5, such
indemnifying party shall fully indemnify and hold harmless
the other parties and each of them from any- liability
imposed for injury as defined by Government Code Section
-19-
[SF2/SST:528 - 4/14/931
810.8 occurring by reason of anything done or omitted to be
done by the indemnifying party under or in connection with
any work,. authority, or jurisdiction delegated to such
party pursuant to this Agreement.
19. AMENDMENTS
This Agreement .shall be amended by the unanimous
concurrence of the parties hereto.
20. NOTICES
All Notices to a Local Agency or the Authority shall be
deemed to have been given when mailed first class or
registered U.S. Mail to the governing body of such Local
Agency or Authority, or if hand delivered, upon receipt by
such governing body.
21. COUNTERPARTS
This Agreement may be executed in counterparts, 'each of
which shall constitute one and the same instrument.
THIS AGREEMENT IS MADE as of the effective date set forth in
Section 4 above.
"AUTHORITY"
CONTRA COSTA TRANSPORTATION AUTHORITY
By:
Darrel "Jay' Tucker, Chair
DATED: Zn; i1 21 , 1993
-20-
[SP2/SST:528 - 4/14/93]
"MEMBER AGENCIES"
COUNTY OF CONTRA COSTA
By• �.
DATED•
CITY OF ANTIOCH
By:
DATED:
CITY OF BRENTWOOD
By:
DATED:
CITY OF CLAYTON
By:
DATED-.----
CITY
ATED:CITY OF CONCORD
By:
DATED:
TOWN OF DANVILLE
By:
DATED:
CITY OF EL CERRITO
By:
DATED:
-21-
[SF2/SST:528 - 4/14/933
CITY OF HERCULES
By:
DATED•
CITY OF LAFAYETTE
By:
DATED•
CITY OF MARTINEZ
By:
DATED•
TOWN OF MORAGA
By:
DATED•
CITY OF ORINDA
By:
DATED:
CITY OF PINOLE
By:
DATED:
CITY OF PITTSBURG
By:
DATED•
CI-TY OF PLEASANT HILL
By:
DATED•
-22-
[SF2/SST:528 - 4/14/93]
• e I 1
CITY OF RICHMOND
By:
DATED:
CITY OF SAN PABLO
By:
DATED:
CITY OF SAN RAMON
By:
DATED:
CITY OF WALNUT CREEK
By:
DATED:
-23- _
[SF2/SST:528 - 4/14/93]
EXHIBIT A
LOCAL AGENCY BILLING FORMULAS
AND PROCEDURES
The following billing formulas and procedures shall apply
to the contributions of the Local Agencies to the Congestion
Management Agency:
1. The amount finally allocated to each Local Agency for
a fiscal year shall be based on the amount of Proposition 111
gas tax funds received by such Local Agency during the fiscal
year in relation to the amount received by all the Local
Agencies for such period. The billing shall reflect the
Agency' s estimate of such revenues.
2 . Each Local Agency shall be billed an amount .determined
by the estimated incremental cost of Agency functions included
in the mid-year budget adjustment, as adopted by the Agency.
In no event shall Local Agency contributions exceed the
initially approved amount without the express written approval
of the affected Local Agency.
3. Bills shall be mailed on or before May 1, and shall
delinquent unless paid and received by the Agency on or before
June 30. Failure of a Local .Agency to pay .by June 30 could
result in a finding of non-compliance with the Congestion
Management Program against the Local Agency. In the event that
any Local Agency is unable or otherwise fails to pay its
allocated share, the remaining parties hereto shall meet,
confer and agree upon a revised allocation.
4 . On or before September 30, the Agency shall calculate
.,actual expenditures incurred during the Agency's preceding
fiscal year and calculate each Local Agency's and the
Authority' s final share of actual expenditures . If a Local
Agency' s -billed and paid amount exceeds by more than ten
percent its share .of actual expenditures, the amount by which
the billed and paid amount exceeds 110% of its share of actual
expeditures shall be refunded, to the Local Agency, and any
amount paid in excess of such Local Agency's share of actual.
expenditures which is not refunded shall be applied to its
contributionobligation for the next fiscal year.
5. Any Local Agency which does not receive Proposition
111 gas tax funds due to its failure to comply with its
maintenance of effort requirements under applicable state law,
may be exempted from its obligation to contribute to the
funding of the Agency for the year in which it fails to receive
such funds. In such event, the amount not contributed may be
-24-
[SF2/SST:528 - 4/14/931
reallocated pro rata among the Local Agencies contributing and
the Authority, or may be reallocated in such other manner as
the parties hereto may agree.
6 . : Unbudgeted amounts received from sources other than
MeasureC sales tax proceeds by the Authority or any Local
Agency and used to fund Agency functions may be used to reduce
Local Agency contributions pro rata.
-25-
[SF2/SST:528 - 4/14/933
EXHIBIT B
Table I FY 1993 BUDGET FOR CONGESTION MANAGEMENT PROGRAM
REQUIREMENTS
udget for Prop 111 Requirements FY t442 FY 1»3
Budget Bodaet Chottge
AJ ARIES AND BENEFITS
s4wks(1011) 69.3$7 108,986 39.629
HCA(10C) 6" 1,207 361
Rct;t—PV—(1044) 4170. 11,656 3,461 '
1xawgol-C—W tawa.noc(1060) 3528 9,941 $,413
Wotka.Gomparuiaa(101'0) 87$ L203
TUTALSALARLES AND BEN tI-S(IOW*) tK1,7T/ 13t.»t 49,214
SUPPLIES AND SERVICES
0(r— (1100) T300 7300
Mac+aF{I3Q0} tow 10x0
Busixn Ttatid(2303) 1.000 1,000
Tempot.grEmpbyee.(2314) ZSoo 2300
s++(1 C24M '000 1.000
etocvioar4/Spcciaiwad s.«.(Z►1% 2X00 214000 (64ouo)
A--oq Fees(2313) 104000 10.000 (90000)
TALtUPPUESAND SERVICES PWS) 370,000 z33,0o0 (137,000)
FIXED ASSETS(over 54000)
Otr+a .od Fumkute 4451 - 0 1.$00 3,500
TAL FIXED ASSETS(6000'.) 0 3,500 3.500
RAND TOTAL 452.,777 368,491 (84,286)
udget forTDWAB434 Functions FY 4.442 FY 4.443 _
Budget Sudget Change
AX..4RIES AND BENEFITS
saw;"(1011) 28.732 28.732
FICA(1042) _ 417 417
R.6—cat (1044) 4.022 4.012
Employee cko w Insuc.twe(1060) 2.407 X407
Wotton C4a p n..Coa(1070) 420
oTALSALAwes AND BENEFITS(too0•.) 35 448 35,998
CKAND TOTAL 35.998 35,948
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TABLE 3 ALLOCATION OF $240,000 LOCAL CONTRIBUTION
USING GAS TAX FORMULA
Jurisdiction FY 1992-93 Change
County 49.50% $118,796
Concord 8.44% $20,253
Richmond 6.92% $16,600
Antioch 4.97% $11937
Walnut Creek 4.63% $11,109
Pittsburg3.69% $8,868
San Ramon 2.70% $6,489
Danville 2.46% $5,908
Martinez 2.42% $5,812
Pleasant Hill 2.37% $5,680
San Pablo 1.97% $4,734
Lafa ette 1.76% $4,224
EI Cerrito 1.72% $4,133
Hercules 1.35% $3,249
Pinole 1.35% $3,243
Orinda 1.26% $3,025
Mora a 1.22% $2,925
Brentwood 0.66% $1,577
Clayton 0.60% $1,437
Total 100.0% $2401000
CCTA ADMINISTRATIVE COMMITTEE April 21, '1993
SUBJECT: APPROVAL OF JOINT POWERS AGREEMENT FOR
CONGESTION MANAGEMENT AGENCY FUNCTIONS
SUMMARY OF ISSUES: Historically, the Authority was designated as the Congestion
Management Agency without a formal agreement with local jurisdictions. An agreement
is needed primarily as a mechanism to specify how local jurisdiction support will be
provided for CMA functions. In February, the Authority reviewed a proposed Joint
Powers Agreement. Since that time, staff and Authority Counsel have been working with
local jurisdiction staff and attorneys to resolve issues raised late in the approval process.
The attached agreement and additional language changes highlighted here reflect those
discussions. City and County attorneys all received a draft of the Agreement on March
17, reflecting the latest changes to that date. In addition, Lafayette has proposed that a
super-majority of two-thirds of the Authority be required for some actions, and SWAT
has proposed that unanimous agreement of the signatories be required to amend the
agreement. In response, the Administrative Committee recommends a 60 percent vote
be required for a finding of non-compliance with the CMP, and endorses the unanimous
agreement requirement for amending the agreement.
RECOMMENDATIONS: Staff recommends that the Authority approve the attached
JPA for CMA functions, which includes the proposed revisions described herein, and
distribute it to local jurisdictions for their execution.
FISCAL IMPLICATIONS: Incremental CMA costs to be covered by local jurisdictions
are estimated not to exceed $240,000 for the current year. The agreement specifies that
the Authority will cover the float on costs, and bill local jurisdictions near the end of
each fiscal year, with a budgetary cap on local jurisdiction exposure.
OPTIONS: Other provisions of the agreement could potentially be modified.
ATTACHMENTS: 1. ProposeAed Agreement. j
2. Letter frayette.
3. Executictor response to Lafayette.
1
CCTA ADMINISTRATIVE COMMITTEE April 21, 1993
Page 2
BACKGROUND: At its February 10, 1993 meeting, the Administrative Committee
reviewed a draft of the JPA, and recommended the following changes, which were
incorporated into the document:
• Language permitting the CMA items to be incorporated within the meeting .
Agenda(s) of the Authority; (Sections 2.A and 5.)
• That the RTPCs may review and comment on the preliminary budget before
June 1, so the Authority can consider their comments prior to adoption of a final
budget (Section 10.G.); and
• Clarification that remaining parties will meet and confer if some agencies are
unable or unwilling to contribute funding to the CMA (Exhibit A, #3.).
In addition staff recommended minor language changes to provide clarification
that billings would be done on May 1 for that fiscal year's costs (Section 8), and due at
the end of the year. This has also been incorporated into the document.
At its April 14 meeting, additional changes were approved by the Administrative
Committee and incorporated into the Agreement. The most significant are:
• Indemnification. We added the mutual indemnification language contained in
the Authority's standard cooperative agreements, to clarify that the Congestion
Management Agency will indemnify local jurisdictions against errors and
omissions of its staff; and will be indemnified against errors and omissions of
local jurisdiction staff. (Section 18)
• Process for Funding Formula. County staff were concerned about the funding
formula, which was set in the agreement for FY 1992-93, with no process
specified for future allocation of costs to local jurisdictions. Language is included
to clarify that the Authority will establish a mechanism for the equitable sharing
of costs. (Section 2.E)
Other Language Changes. Other language changes are included which provide:
additional references to the statutes; clarify Authority responsibilities with respect
to analysis of land use impacts; and make other clarifying changes, including
eliminating perceived ambiguities about the Authority's role in land use planning.
(principally, Sections 1. and 6.)
• Separate Compliance for Growth Management and Congestion Management. To
allay any possible concerns about prospective integration of the two programs,
language has been added in Section 17 noting that compliance for each will be
judged separately.
CCTA ADMINISTRATIVE COMMITTEE April 21, 1993
Page 3
• Termination of Agreement. In response to concerns that the Agreement could
only be terminated by joint action of the County and a majority of cities
representing a majority of the population, a new provision has been included that
either group could act to terminate, and the Agreement would expire two fiscal
years subsequent to the action. (Section 15)
• Amendment to Agreement. In response to a SWAT request, Section 19 has been
revised to require unanimous approval of all signees in order to amend the
Agreement.
0 Deletion of Land Use Planning Language. As reflected in our letter to
Lafayette, the Administative Committee supported deletion of previous Sections
2.0 and 6.13, which have no significant impact on the content of the JPA.
• 60 Percent Vote Reguired for a Finding of Non-Compliance. The Administrative
Committee recommends that a 60 percent vote of the Authority Board (7 of 11
members) be required for a finding of non-compliance with the CMP. (Section
10.1)) This was in response to SWAT support of Lafayette's request for a two-
thirds vote on this issue.
• Incremental Cost. Based on a discussion with the attorney representing
Martinez, the word "incremental" has been added to "cost" in Section 17 to clarify
that the local jurisdictions will be assessed and contribute funds "to defray the
incremental cost of preparing, maintaining, administering and enforcing the
Congestion Management Program and other duties as specified . . ."
Concerning changing the remaining voting requirements as raised by Lafayette,
SWAT did not believe a two-thirds vote was necessary to adopt or revise the budget, or
to set the contribution of local jurisdictions to the CMA budget. The Administrative
Committee made no changes to those other voting requirements.
rkm:admin:agenda93:cma jpa.2
• EXHIBIT B
Tabic I FY 1993 BUDGET FOR CONGES ION MANAGEMENT PROGRAM
REQUIREMENTS
udget far Prop 111 Requirements py 1A42 Ey 1"3
Bndgd BodBat Cluange
ALARIES AND BENEFITS
slat"(1011) 69..')57 109.984 39,629
FICA(1062) 946 1217 361
Rctir®tnt Exp—(1044) 5170 11654 3,184
Empioy-C—V Iaataaacx(1060) 3378 5941 5,413
WO(+—Compo -d—(2070) g75 1.20
AL SALARIES AND BEN IIS(1000's) 84777 131.941 49,214
UPPL.IES AND SERVICES
offs—Exp<raas(2100) - 7300 7,500
M'x'*So(2300) 1000 1.000
Bu;no Trvd(Zi03) 1.000 1,000
T®pomy M14) 2.500 z500
Star DaKlopmeat(�I 1000 1000
Pm(-e-AVSpodaGxed S—(2310) 274000 214000 (64000) .
AMY 1—(2313) � 100.000 10.000 (94000) .
TALtUPPLIESANDSERVICZ�S(2000'S) 370,000 233,000 (137,000)
FIXED ASSETS(over$1,000)
vtr— uip—sad F-ninm 4951 0 3.500 3300
TOTAL FIXED ASSETS(4000'*) 0 3,500 3,500
RAND TOTAL. 452,777 368,491 (84,284)
Budget for TDWAB434 Functions FY L942 FY 1443
Budg�6 Budget Cimngc
AL ARIES AND BENEFITS
Salarii-(2011) 23732 2$732
FICA(1042) 417 417
Ratircmrat Epp—(1044) 1022 1072
Employee Group lnaun (1060) 7.407 7.407 -
Wortm C.ompu tion(1070) 420
OTAL SALARIES AND BENEFITS(100(rs) 35,948 35,998
GRAND TOTAL. 35,998 35,998
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TABLE 3 ALLOCATION OF $240,000 LOCAL CONTRIBUTION
USING GAS TAX FORMULA
Pd. Allocation
County 48.07% 5115,364
Concord 830% $19,913
Richmond 6.629% $15,885
Antioch 4.77% $11,457
Walnut Creek 4.51% $10,830
Danville 3.68% $8,836
Pittsburg3.59% $8,625
Orinda 2.73% $6,557
San Ramon 2.66% $6,378
Martinez 237% 55,689
Pleasant Hill 23310% $5,602
San Pablo 1.91% $4,587
Lafayette 1.74% 54,178
E1 Cerrito 1.70% $4,078
Pinole 132% $3,176
Hercules 1310% 53,134
Mora a 1.180% $2,835
Brentwood 0.61% $1,471
Clayton 0.590/ $1,406
Total 100.0% $240,000