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HomeMy WebLinkAboutMINUTES - 07251995 - SD10 TO: s BOARD OF SUPERVISORS z Contra _ Costa FROM: TRANSPORTATION COMMITTEE County DATE: July 25, 1995 SUBJECT: Report on Renewal of Joint Exercise of Powers Agreement for the West Contra Costa Transportation Advisory Committee SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve revisions to, in substantially the form presented, and renewal of the West Contra Costa Transportation Advisory Committee Joint Exercise of Powers Agreement (JPA) and authorize payment of $9, 500 for the County' s FY 1995-96 dues . FISCAL IMPACT No impact to General Fund. The County' s FY 1995-96 dues for WCCTAC would be paid from the Measure C Return-To-Source Funds . BACKGROUND/REASONS FOR RECOMMENDATIONS *The JPA for the West Contra Costa Transportation Advisory Committee is due to expire and needs to be renewed by member agencies . WCCTAC is circulating to member agencies a new, updated version of the JPA. CONTINUED ON ATTACHMENT: x YES RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE x APPROVE OTHER SIGNATURE (S) : 4 Supervisor Tom Torlakson, Chair u visor Jeff Smith ACTION OF BOARD ON 19 q APPROVED AS RECOMMENDED p� OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A 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. Contact: Patrick Roche (510/646-2835) ATTESTED Q-S- cc: Community Development Dept . (CDD) PHIL AT ELOR, CLERK OF WCCTAC (via CDD) THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY DEPUTY Report on WCCTAC JPA Renewal Continued - Page Two 7/25/95 A redline/strikeout version of the proposed JPA is attached for review and approval (see attached Exhibit "A" ) Most of the proposed changes are minor addressing staff restructuring, work plan, tasks, definitions, and dates . Policy-related revisions to the JPA are : . • Allow TAC to be chaired by a City Manager or designee with approval by WCCTAC Board; • Change term of TAC Chair from one (1) year to two (2) years; • Delete reference to the TDM Advisory Committee which TAC feels is no longer necessary; • Member agency dues would be payable in advance of Fiscal Year based on approved budget . The Transportation Committee has reviewed the proposed revisions to the JPA and concurs with these minor revisions . The Transportation Committee recommends approval of revisions, in substantially the form presented in Exhibit "A" and renewal of the agreement, and, concurrent with approving JPA renewal, also recommends payment authorization for the County' s FY 1995-96 WCCTAC membership dues in the amount of $9, 500 (based on County' s loo share of $95, 000 operating budget for FY 1995-96) . - attachment (1) :db EXHIBIT "A" WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE JOINT EXERCISE OF POWERS AGREEMENT This amendrtafi aztd:resttemet of the agreement is entered into on this day of July, 1995, by and between the City of San Pablo, a municipal corporation, the City of Hercules, a municipal corporation, the City of El Cerrito, a municipal corporation, the City of Pinole, a municipal corporation, and the City of Richmond, a municipal corporation and charter city, the County of Contra Costa, a political subdivision of the State of California, and the Alameda-Contra Costa Transit District and the San Francisco Bay Area Rapid Transit District (BART), transit districts organized and existing pursuant to the provisions of California Public Utilities Code, and the Western Contra Costa County Transit Authority (WestCAT) aril rests in full those provtst©n Qf the©ngtnI areemntxcepx ashen h�xk'xI, w(tb0ut affecng tte ogatg exstane b TA WITNESSETH: WHEREAS, in November, 1988, the voters of Contra Costa County approved Measure "C" which established and funded a transportation agenda for Contra Costa County; and WHEREAS, in response to the adoption of Measure "C", the Parties to this agreement decided to formalize the previously existing West Contra Costa Transportation Advisory Committee as a legal entity created to address transportation issues; and WHEREAS, each of the public Agencies which are a party to this agreement, hereafter referred to collectively as the "Parties", has the power to address transportation issues; and WHEREAS, each of the Parties to this agreement believes that a combination of their separate powers and abilities may enable them to more effectively respond to Measure "C" and to address transportation issues; and WHEREAS, each of the Parties to this agreement propose by this agreement to exercise their respective powers jointly for the purpose of responding to the passage of Measure "C" and addressing existing and future transportation issues; and 1 `7— WHEREAS, California Government Code Section 6500, et seq. provides that two or more public Agencies by agreement may jointly exercise any power that any one of the Agencies could exercise separately; and WHEREAS, the Parties to this agreement are desirous of conferring upon a separate legal entity the necessary powers with regard to responding to Measure "C" and for addressing transportation issues for the benefit of each and all of the parties. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS: 1. OBJECTIVE AND COMMISSION The objective of this Joint Exercise of Powers Agreement is to create a city, county, transit district transportation advisory committee which will protect and advance the interests of West Contra Costa County communities with regard to transportation issues in general and the utilization of Measure "C" funds in particular. More specifically, the committee created by this agreement is commissioned to: (a) Assist member Agencies with the coordinated and cooperative implementation of the West Contra Costa Action Plan; (b) Participate in the development and implementation of the Contra Costa Comprehensive Transportation Plan; (c) Initiate "area specific" transportation studies/plans where appropriate; (d) Assist member Agencies with Congestion Managernent Program compliance requirements; (e) Develop regional strategies and meet regional requirements established by Measure "C"; (f) Cooperatively address transportation issues, beyond Measure "C" requirements, when said issues affect West Contra Costa County interests; (g) Assess the transportation needs of the West Contra Costa County area; (h) Consider the development of expanded West Contra Costa County transit services and TDM programs; (i) Advise the Parties on transportation issues; 2 (j) Coordinate the actions and responses of the Parties with regard to transportation issues; (k) Formulate transportation policy statements; (1) Sponsor educational forums, workshops, TDM Coordinator-training, and discussions on transportation matters; (m) Develop and administer a West Contra Costa Regional TDM Program to encourage use of alternatives to single occupant commute travel; (n) Advise the Parties on TDM compliance issues; and (o) Gather information necessary to carry out the foregoing purposes. 2. DEFINITIONS Certain words as used in this agreement shall be defined as follows: (a) "Agency" shall mean each City and transit district and the County which is a signatory to this agreement. (b) "Board" shall mean the board constituted herein pursuant to this agreement to administer and execute this agreement. ..0, g [,rt atae[xxlt P`irgraltai Isle ttre State mandated Fxag .... vrhteh establishes performance standards and requirements fdr the transpc�rtat£ort sstexn, creates a gre�cess' to artayze the impactf land rise changes rn:iegoiial transportattrn, aid creates a capitalmpr ,vementr. gra tClr maintain the . regional transportafiion s}rstem (d ";Count....ty . :mRMprehenstve .-T::::::;ranspc►rtat on P an CTI') ► shad neat a cr�untywtde Mari required urtdez` Measure" The C ss treated from tlae five regional transpc�rtatQn planning committee aetion..plans and is updated eve two ears : (e) "TDM Ordinance" shall mean the ordinance(s) adopted by West Contra Costa cities and Contra Costa County setting forth the purpose, goal, objectives, requirements, and responsibilities of the West Contra Costa Regional TDM Program. (f) "Transportation Demand Management" also referred to as "TDM" shall mean any combination of measures that are designed to provide information, 3 7` 3 assistance, and incentives to employees and residents to encourage use of alternatives to single occupant commute travel. (g) "West Contra Costa Regional TDM Program" shall mean a Transportation Demand Management Program managed by the West Contra Costa Transportation Advisory Committee on behalf of the member cities with the purpose of reducing vehicle trips and increasing ridesharing and transit usage. (h) "West Contra Costa Transportation Advisory Committee" also referred to as "WCCTAC" shall mean the public and separate entity created by this agreement and conslstitg ofthe WC Cr'TA Board, CC'I'ACr Teehnt al:Ad €sor}r autmfiee f✓TAC TAC: „andC 'I' f (i) "West Contra Costa Transportation Advisory Committee-Technical Advisory Committee” also referred to as "WCCTAC-TAC" shall mean the technical advisory committee to the West Contra Costa Transportation Advisory Committee. Tfmspeftafiea Demand Management teehaiea4 I A— to the West (j) "West Contra Costa Action Plan" shall mean the regional transportation plan in West County adopted December 9, 1994, required by Measure C, and intended to create a framework for member Agencies to jointly and cooperatively address regional transportation issues. 3. EFFECTIVE DATE ......................................:................................................. This restatement anti arnhrlmt of tti agreement shall become effective upon execution by the Agencies. 4. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE. WCCTAC was formally created as a "Joint Powers Agency" in 1990 pursuant to California Government Code Section 6500. The ter-fn of that agfeefnent was established as thfee*yeafs, to expire ift 1993 wiless r-enewai is agFeed upeft by-all fnembef . Through this agreement it is hereby confirmed that the West Contra Costa Transportation Advisory Committee (hereinafter referred to as "WCCTAC") will exercise in the manner hereinafter set forth the powers common to each of the member Agencies until this agreement is attrertde.L or terminated. ...:::.... .................... ..........:.::::.:....::.:.::...........................::.. WCCTAC shall be a public entity separate from the member Agencies. No debt, liability, or obligation of the WCCTAC shall constitute a debt, liability, or obligation 4 �� 4 of any member Agency. Each Agency's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as the parties hereto may agree'to and direct in accordance with this agreement. 5. POWERS The powers of the WCCTAC shall include and be limited to the following: (a) to annually adopt a work program along with a budget setting forth all operational expenses for WCCTAC, together with an apportionment of expenses allocated to each Agency ''I t work grorar arid`ludt;t the W CTAChil b prepared b Apel I and sh be subzntted fAr review toaeh �€nember Agency pear �€ts adog€�onn or ater:3u1 1 (1) For- the 1993 1994 e4 ye f, the task etitlined in A2Tr1Ti��T�1�"GGT TSIi'TI.81- 1 Ql7I'CtrIT7 FOR 199 fe,3qh in �TTAGHME TT' B• BUDGET \i GGTAG OPR4)A TIONS 1 ISG A T YEAR D 1 9932 P9A ..hal .. nsti to the yeaf shall be pfepafed by Deeembef 1, 1993 and shall b adeptien en or- after- januaff 1, 1994-. budget ef the WGCT-AG shall be pr-epafed by April 1 and shall be n sfef the 1994 1995 fiseal , the wefk pr-egfani and budget shall be pfepafed by Apfil 1, 1994, and shall be submitted fe# fe�,,iew by eaek member- Agene)� u (b) to make and enter into contracts; (c) to apply for and accept grants, advances, and contributions; (d) to employ or contract for the services of agents, consultants, engineers, attorneys, and such other persons or firms as it deems necessary to carry out the objectives of this agreement; (e) to conduct studies; (f) to develop and administer the West Contra Costa Regional TDM Program; 5 �r (g) to periodically review transportation plans and TDM programs and ordinances, and recommend changes thereto; and (h) to incur debts, liabilities, or obligations, subject to limitations herein set forth. 6. BOUNDARIES The boundaries of WCCTAC shall be the boundaries as shown in Appendix A. 7. OVERALL ORGANIZATION The WCCTAC Board shall provide overall policy direction for the coordinated implementation of the West Contra Costa Action Plan and decision making for general WCCTAC operations including implementation of the West Contra Costa Regional TDM Program. The WCCTAC-TAC shall provide d� administrative guidance and ___ tela xevewo tie fid`: Staff or consultants hired by WCCTAC shall report directly to the WCCTAC 1iQgr 1Vlager and WCCTAC-TAC Chair with consultation by the WCCTAC-TAC. 8. WCCTAC ORGANIZATION (a) WCCTAC Board WCCTAC shall be governed by the WCCTAC Board which shall exercise all powers and authority on behalf of WCCTAC. The Board is empowered to establish its own procedures. The Board may do any and all things necessary to carry out the purposes of this Agreement. (b) Members (1) The Board shall consist of ten members which shall be allocated in the following manner; (i) Three members shall be appointed by the governing body of the City of Richmond; (ii) The governing bodies of the cities of El Cerrito, Hercules, Pinole and San Pablo and the County of Contra Costa shall each appoint one member; (iii) The governing body of BART shall appoint one member; to sen,e .t the Be ffE 6 (iv) The governing bodies of AC Transit and WestCAT shall jointly appoint one member to serve on the Board. (2) Upon execution of this agreement, the governing body of each Agency shall appoint the appropriate number of its elected officials to serve as members of the Board and an appropriate number of its elected officials to serve as alternate member(s) of the Board to serve in the absence of its regular appointees., Each member and alternate shall hold office from the first meeting of the.Board after appointment until a successor is selected. Each member and alternate shall serve at the pleasure of the governing body or bodies of the appointing Agency or Agencies. IfIl sgws5namm �eas��:k�old�z�g�� ta.�e af�ic��;hea�tshall then���TA� Surd and the mcrn[1�r Agcy shahrtt��tc�the z�ex�<$aat'd meeting; Each member and alternate shall serve without compensation. (c) Officers WCCTAC shall have two officers: Chair and Vice Chair. The Board members shall select from the Board a Chair and Vice Chair who shall hold office for a period of one year, commencing July 1; provided however, that in the event that an Agency removes from the Board a member serving as an officer, the Board shall appoint a member from the newly constituted Board to fill the vacant office for the remainder of that fiscal year. (1) Chair. The Chair shall preside at the meetings of the Board, call meetings to order, adjourn meetings, announce the business and the order it is to be acted upon, recognize persons entitled to the floor, put to vote all questions, moved and seconded, announce result of votes, maintain the rules of order, execute documents and official actions on behalf of the Board when duly approved, and carry out other duties set forth in the by-laws. (2) Vice Chair. The Vice Chair shall serve as Chair in the absence of the regularly elected Chair. (d) Vote (1) Authorized Voting Members Each member or designated alternate shall be authorized to vote. 7 `7— f7 (2) WCCTAC Business For purposes of decisions related to the regular business of the WCCTAC, including policy decisions, preparation of budgets and expenditures of funds, the City of Richmond shall have three votes; the cities of El Cerrito, Hercules, Pinole and San Pablo and the County of Contra Costa shall have one vote apiece; BART shall have one vote; and the AC Transit shall have one vote. A majority vote of six shall be required for the adoption of any course of action related to the regular business of the WCCTAC. (3) Appointment of Representatives to the Contra Costa Transportation Authority Members Decisions related to determining WCCTAC appointments to the Contra Costa Transportation Authority shall be made only by participating city and County jurisdictions. In these cases, participating cities and the County shall each have one vote. A majority vote of four shall be required for any WCCTAC decision related to appointment of representatives to the Contra Costa Transportation Authority. (f) Meetings of the Board (1) Regular Meetings The Board shall meet at least ten times per year. The date, hour and place at which each such regular meeting held shall be determined by a majority vote by the Board. (2) Notice of Meetings All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, being Sections 54950, et seq. of the California Government Code, and other applicable laws of the State of California requiring notice of meetings of public bodies to be given. (3) Minutes The Board shall cause minutes of all meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each Agency. 8 r7- E (4) Quorum A majority of the members of the Board shall constitute a quorum for. the transaction of business. (g) Bylaws The Board shall adopt from time to time such bylaws, rules or regulations for the conduct of its affairs as may be required. 9. WCCTAC-TAC ORGANIZATION (a) Composition The WCCTAC shall have a technical advisory committee which shall be known as the ........................................... WCCTAC-TAC and which shall be composed of the appointees of the city managers of the participating cities, and representatives 4f the district managers of the participating .....:::........... .:...............:...........::::: transit authorities and the county administrator theif appo�ees- Y e + 14 TA.0 �shazred by ate qty Mazgex�f onef the partsepaung e�tte . (b) Duties (1) The WCCTAC-TAC Chair provides direct supervision of staff e� .............................................. eensultants dby the WCCTAC Pr�grat t ari�g (2) makes all recommendations to the WCCTAC; however, recommendations from other bodies and concerned individuals are permitted and encouraged. (c) Officers The WCCTAC-TAC shall be chaired by a City Manager, or,desigrtee with:the .. .... ...... appravl t�f the WCCTAC Bctti of one of the participating cities. The WCCTAC-TAC Chair shall be recommended hi:annually est by the WCCTAC-TAC and seleeted pprovec by the WCCTAC at their rei;: o'.e Jute meetsn s R. WCCTAC TAC hr's term Qf c f ice:is.tivva dears .. .... .: ........ . s v duly.... .........:................................ 9 r7— q (d) Decision-making Process For purposes of selecting the WCCTAC-TAC Chair, each participating jurisdiction or Agency shall have one vote. All other decisions shall be made by consensus unless members consent to vote. 10. TT11d ADVISORY V f`OM 11 ITTEE_ORGANIZATION 7 but net lifnited Z1iG7iSDP. s eftthe 1IrnGTI'71T TAG7 appointees, three 3f Wes7 the WGGT-,kC=; TAG shall be appeinted by the GFAG. 7 7 7 (2) advises the WGGT-AG aft my T-DM fnattef br-eught to its attentien I--- VT any pe-sen; Regional TDN4 and 7 7 (e) Offieefs 10 10< VICT1�� �`I'AFF a s..t�a VGCTAG shall have a staff canssi�ng � rogxatn lvlactger wllt� shl serve as pnary staff person, a Transpcartaton PralectpeeYalst and clrlca supparl> In add�han; ndependett consultants may be engaged on aont1nutng flr short tern bats, as:ned . . Addz Qr staff may be added vrth Btiaxd p c?vat with n the "onsta ants o�the e.rrent;:` i bud;dget: ........................................................... ............................................................ 11. SZ"mac -FING SUPPORT SERVICES Each of the Agencies shall strive to provide the necessary s.hW support to the Board as may be necessary for the Board to fulfill its duties. 12. RESTRICTIONS UPON EXERCISE OF POWER OF BOARD This agreement is entered into under the provisions of Title 1, Division 7, Chapter 5, Article I, Section 6500 et seq. of the California Government Code, concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising the power of the party Agencies. 13. FUNDS, AUDIT AND ACCOUNTING SERVICES Pursuant to the requirements of Section 6505.5 of the Government Code, the Finance Division Manager of the City of San Pablo is designated to be the depositary and to have custody of all WCCTAC funds from whatever source, and to perform the following functions, unless the WCCTAC and the WCCTAC-TAC Chair determines otherwise. Fiscal responsibilities shall include the following: (a) Receive and receipt for all money for WCCTAC for the credit of the Board; (b) Be responsible upon official bond for the safekeeping and disbursement of all Board money so held; (c) Pay any sums due from the Board from Board money, or any portion thereof, only upon warrants of the WCCTAC-TAC Chair and/or WCCTAC �aI _ _... .............................................. P Programs Iv an.gW. There shall be a limit of $10,000 on the amount of ;:.:::............:...:..::...::..........::. warrants which can be issued without Board approval. 11 � - IJ (d) The Finance Division Manager of the City of San Pablo shall be considered the Treasurer of WCCTAC funds unless otherwise determined by the WCCTAC and the WCCTAC-TAC Chair. The Treasurer of WCCTAC funds shall have custody of all WCCTAC funds and shall verify and report in writing within ninety (90) days after the close of the fiscal year ended June 30th to the Board and to the contracting Agencies to this agreement the amount of money the Treasurer holds for the Board, the amount of receipts and the amount paid out since the last report to the Board. The audit of fiinds shall be conducted by an independent certified public accountant qualified to perform JPA duties each and every year based on the determination of the WCCTAC and the WCCTAC- TAC Chair. The functions of the auditor shall be determined and performed for the Board, with the WCCTAC and WCCTAC-TAC Chair approval. There shall be strict accountability of all funds and reporting to the Board of all receipts and disbursements. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for municipalities or counties and the audit shall conform to generally accepted auditing standards. ( I'he Pcam 1Vtagor and the Txeasurcr aro hereby deszgztated as the pexs©nis �uh;o Have charge of ancl:access to th prraperty of WO"TC Each;such perm shallale h the Board:an off coal bind z azt atourtt to be fixed by the Board: The Bost of the bands shall be pa"c layVCTAC` 14. OBLIGATIONS OF THE AGENCIES Each Agency shall: (a) Pay, upon demand, its proportionate share of expenses based upon the budget adopted by the WCCTAC and member Agencies. Invoices shall be prepared by the WCCTAC TAG C air- Program,N ac ager. The proportionate share of each Agency shall be determined according to the following formula: City of Richmond 30% City of El Cerrito 10% City of Hercules 10% City of Pinole 10% City of San Pablo 10% County of Contra Costa 10% San Francisco Bay Area Rapid Transit District 10% Alameda-Contra Costa Transit District 9% WESTCAT 1% 12 `� - 1 � (b) The WCCTAC will recommend a budget to member Agencies each Fiscal Year. Based upon the above formula, during the Fiscal Year 193.thxouh l,99. the proportionate share of each member Agency shall not exceed the following: City of El Cerrito $ 9,500 City of Hercules $ 9,500 City of Pinole $ 9,500 City of Richmond $28,500 City of San Pablo $ 9,500 County of Contra Costa $ 9,500 San Francisco Bay Area Rapid Transit District $ 9,500 Alameda-Contra Costa Transit District $ 8,550 WESTCAT $ 950 TOTAL $95,000 (c) Commencing on July 1, 1994, and continuing with each July 1 ..................... thereafter, the WCCTAC shall adept gpro a budget ppdi which reflects the annual costs and the proportionate share .::::..:...................:.::.. of required funding to be provided by each member Agency. (d) shall e-prepafed-and dir-eeted-to WC��-whieh-shed! ealeelat-th WCC" `AC members shall be env©iced ar�rally t M in aclrance fc�r the next fiscal year, anctheir share shall fie payable trrmmediatel 15. DISPOSITION OF WCCTAC FUNDS UPON TERMINATION WCCTAC funds, including any interest earned on deposits, remaining upon termination of this agreement after payment of all obligations, shall be returned in proportion to the contribution to each Agency during the term of this Agreement. Decisions of the Board shall be final in this regard. 16. WITHDRAWAL Any Agency upon sixty (60) days' written notice given to the Chair of WCCTAC may withdraw.from this agreement; provided, however, that the withdrawing Agency shall 13 `7-13 be liable for its proportionate share of any expenses incurred up to the date notice of termination is received which exceeds the withdrawing Agency's contribution under Paragraph 14; and provided further, that in no event shall.a withdrawing Agency be entitled to a refund of all or any part of its contribution made under Paragraph 14. 17. TERMINATION (a) This agreement shall remain indefinite unless amended or terminated sooner as provided hereunder. (b) This agreement may be terminated by the affirmative vote of the governing bodies of not less than a majority of all member Agencies. 18. AMENDMENTS This agreement may be amended by the affirmative vote of the governing bodies of not less than two-thirds of all member Agencies. 19. NOTICES All notices to Agencies shall be deemed to have been given when mailed to the governing body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at aft ade1fess fe be effleially established by the WGC_T_^G BE)E17. ffEi ........................... W.C.C.T......... ........................... ............................ ........................... ane Alv do; quar . Sari Pablo, A 948fl6 20. FILINGS WITH THE SECRETARY OF STATE Within 30 days of the effective date of this agreement, the: Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Government Code Section 6505.3 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to California Government Code Section 53051. 14 IN WITNESS WHEREOF, each Agency has executed approval of this, agreement and filed said approval with the Clerk of the County of Contra Costa. Executed on 1995, at , California. CITY OF EL CERRITO ATTEST: By By Mayor City Clerk By Approved as to form: City Manager City Attorney CITY OF HERCULES ATTEST: By By Mayor City Clerk By Approved as to form: City Manager City Attorney CITY OF PINOLE ATTEST: By By Mayor City Clerk By Approved as to form: City Manager City Attorney 15 CITY OF RICHMOND ATTEST: By By Mayor City Clerk By Approved as to form: City Manager City Attorney CITY OF SAN PABLO ATTEST: By By Mayor City Clerk By Approved as to form: City Manager City Attorney COUNTY OF CONTRA COSTA ATTEST: By Chair, Board of Supervisors c By Approved as to form: County Administrator District Attorney 16 S - SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT ATTEST: By Administrator ALAMEDA-CONTRA COSTA TRANSIT DISTRICT WestCAT ATTEST: ATTEST: By By: Administrator Administrator 17 x- .25- 3� WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE JOINT EXERCISE OF POWERS AGREEMENT This restatement and amendment of the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Exercise of Powers Agreement (Agreement) is entered into on this day of , 1995, by and between the City of San Pablo, a municipal corporation, the City of Hercules, a municipal corporation, the City of El Cerrito, a municipal corporation, the City'of Pinole, a municipal corporation, and the City of Richmond, a municipal corporation and charter city, the County of Contra Costa, a political subdivision of the State of California, and the Alameda-Contra Costa Transit District and the San Francisco Bay Area Rapid Transit District (BART), transit districts organized and existing pursuant to the provisions of California Public Utilities Code, and the Western Contra Costa County Transit Authority (WestCAT) and restates in full those provisions of the original agreement, except as amended herein. WITNESSETH: WHEREAS, in November, 1988, the voters of Contra Costa County approved Measure "C" which established and funded a transportation agenda for Contra Costa County; and WHEREAS, in response to the adoption of Measure "C", the Parties to this agreement decided to formalize the previously existing West Contra Costa Transportation Advisory Committee as a legal entity created to address transportation issues; and WHEREAS, each of the public Agencies which are a party to this agreement, hereafter referred to collectively as the "Parties", has the power to address transportation issues; and WHEREAS, each of the Parties to this agreement believes that a combination of their separate powers and abilities may enable them to more effectively respond to Measure "C" and to address transportation issues; and WHEREAS, each of the Parties to this agreement propose by this agreement to exercise their respective powers jointly for the purpose of responding to the passage of Measure "C" and addressing existing and future transportation issues; and 1 WHEREAS, California Government Code Section 6500, et seq. provides that two or more public Agencies by agreement may jointly exercise any power that any one of the Agencies could exercise separately; and WHEREAS, the Parties to this agreement are desirous of conferring upon a separate legal entity the necessary powers with regard to responding to Measure "C" and for addressing transportation issues for the benefit of each and all of the Parties. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS: 1. OBJECTIVE AND COMMISSION The objective of this Joint Exercise of Powers Agreement is to create a city, county, transit district transportation advisory committee which will protect and advance the interests of West Contra Costa County communities with regard to transportation issues in general and the utilization of Measure "C" funds in particular. More specifically, the committee created by this agreement is commissioned to: (a) Assist member Agencies with the coordinated and cooperative implementation of the West Contra Costa Action Plan; (b) Participate in the development and implementation of the Countywide Comprehensive Transportation Plan; (c) Initiate "area specific" transportation studies/plans where appropriate; (d) Assist member Agencies with Congestion Management Program compliance requirements; (e) Develop regional strategies and meet regional requirements established by Measure "C"; (f) Cooperatively address transportation issues, beyond Measure "C" requirements, when said issues affect West Contra Costa County interests; (g) Assess the transportation needs of the West Contra Costa County area; (h) Consider the development of expanded West Contra Costa County transit services and TDM programs; (i) Advise the Parties on transportation issues; 2 (j) Coordinate the actions and responses of the Parties with regard to transportation issues; (k) Formulate transportation policy statements; (1) Sponsor educational forums, workshops, TDM Coordinator-training, and discussions on transportation matters; (m) Develop and administer a West Contra Costa Regional TDM Program to encourage use of alternatives to single occupant commute travel; (n) Advise the Parties on TDM compliance issues; and (o) Gather information necessary to carry out the foregoing purposes. 2. DEFINITIONS Certain words as used in this agreement shall be defined as follows: (a) "Agency" shall mean each City and transit district and the County which is a signatory to this agreement. (b) "Board" shall mean the board constituted herein pursuant to this agreement to administer and execute this agreement. (c) "Congestion Management Program" shall mean the State mandated program which establishes performance standards and requirements for the transportation system, creates a process to analyze the impact of land use changes on regional transportation, and creates a capital improvement program to maintain the regional transportation system. (d) "Countywide Comprehensive Transportation Plan (CCTP)" shall mean a countywide plan required under Measure "C". The CCTP is created from the five regional transportation planning committee action plans and is updated every two years. (e) "TDM Ordinance" shall mean the ordinance(s) adopted by West Contra Costa cities and Contra Costa County setting forth the purpose, goal, objectives, requirements, and responsibilities of the West Contra Costa Regional TDM Program. (f) "Transportation Demand Management" also referred to as "TDM" shall mean any combination of measures that are designed to provide information, 3 assistance, and incentives to employees and residents to encourage use of alternatives to single occupant commute travel. (g) "West Contra Costa Regional TDM Program" shall mean a Transportation Demand Management Program managed by the West Contra Costa Transportation Advisory Committee on behalf of the member cities with the purpose of reducing vehicle trips and increasing ridesharing and transit usage. (h) "West Contra Costa Transportation Advisory Committee" also referred to as "WCCTAC" shall mean the public and separate entity created by this agreement. (i) "West Contra Costa Transportation Advisory Committee-Technical Advisory Committee" also referred to as "WCCTAC-TAC" shall mean the technical advisory committee to the West Contra Costa Transportation Advisory Committee. (j) "West Contra Costa Action Plan" shall mean the regional transportation plan in West County adopted December 9, 1994, required by Measure C, and intended to create a framework for member Agencies to jointly and cooperatively address regional transportation issues. 3. HEADINGS All headings contained herein are for convenience or reference only and are not intended to define or limit the scope of any provision of this Agreement. 4. EFFECTIVE DATE This restatement and amendment of the WCCTAC Joint Exercise of Powers Agreement shall become effective upon execution by the Agencies. 5. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE. WCCTAC was formally created as a "Joint Powers Agency" in 1990 pursuant to California Government Code Section 6500. Through this agreement it is hereby confirmed that the West Contra Costa Transportation Advisory Committee (hereinafter referred to as "WCCTAC") will exercise in the manner hereinafter set forth the powers common to each of the member Agencies until this agreement is amended or terminated. WCCTAC shall be a public entity separate from the member Agencies. 4 No debt, liability, or obligation of the WCCTAC shall constitute a debt, liability, or obligation of any member Agency. Each Agency's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as the parties hereto may agree to and direct in accordance with this agreement. 6. POWERS The powers of the WCCTAC shall include and be limited to the following: (a) to annually adopt a work program along with a budget setting forth all operational expenses for WCCTAC, together with an apportionment of expenses allocated to each Agency. The work program and budget of the WCCTAC shall be prepared by April 1 and shall be submitted for review to each member Agency prior to its adoption on or after July 1. Each member Agency shall provide comments to WCCTAC staff concerning the WCCTAC work program and budget by June 1. (b) to make and enter into contracts; (c) to apply for and accept grants, advances, and contributions; (d) to employ or contract for the services of agents, consultants, engineers, attorneys, and such other persons or firms as it deems necessary to carry out the objectives of this agreement; (e) to conduct studies; (f) to develop and administer the West Contra Costa Regional TDM Program; (g) to periodically review transportation plans and TDM programs and ordinances, and recommend changes thereto; and (h) to incur debts, liabilities, or obligations, subject to limitations herein set forth. 7. BOUNDARIES The boundaries of WCCTAC shall be the boundaries as shown in Appendix A which is attached hereto and incorporated herein by this reference. 5 8. OVERALL ORGANIZATION The WCCTAC Board shall provide overall policy direction for the coordinated implementation of the West Contra Costa Action Plan and decision making for general WCCTAC operations including implementation of the West Contra Costa Regional TDM Program. The WCCTAC-TAC shall provide administrative guidance and technical review to the Board. Staff or consultants hired by WCCTAC shall report directly to the WCCTAC Program Manager and WCCTAC-TAC Chair with consultation by the WCCTAC-TAC. 9. WCCTAC ORGANIZATION (A) WCCTAC BOARD WCCTAC shall be governed by the WCCTAC Board which shall exercise all powers and authority on behalf of WCCTAC. The Board is empowered to establish its own procedures. The Board may do any and all things necessary to carry out the purposes of this Agreement. (I) Mem r (a) The Board shall consist of ten members which shall be allocated in the following manner; (1) Three members shall be appointed by the governing body of the City of Richmond; (2) The governing bodies of the cities of El Cerrito, Hercules, Pinole and San Pablo and the County of Contra Costa shall each appoint one member; (3) The governing body of BART shall appoint one member; and (4) The governing bodies of AC Transit and WestCAT shall jointly appoint one member to serve on the Board. (b) Upon execution of this agreement, the governing body of each Agency shall appoint the appropriate number of its elected officials to serve as members of the Board and an appropriate number of its elected officials to serve as alternate member(s) of the Board to serve in the absence of its regular appointees. Each member and alternate shall hold office from the first meeting of 6 the Board after appointment until a successor is selected. Each member and alternate shall serve at the pleasure of the governing body or bodies of the appointing Agency or Agencies. If a member or alternate ceases to be an elected official of the member Agency, he or she shall then be ineligible to serve on the WCCTAC Board, and the member Agency shall appoint a successor prior to the next Board meeting. Each member and alternate shall serve without compensation. (II) Officers The WCCTAC Board members shall select from the WCCTAC Board a Chair and Vice Chair who shall hold office for a period of one year, commencing July 1; provided however, that in the event that a member Agency removes from the Board a member serving as an officer, the Board shall appoint a member from the newly constituted Board to fill the vacant office for the remainder of that fiscal year. (a) Chair. The Chair shall preside at the meetings of the Board, call meetings to order, adjourn meetings, announce the business and the order it is to be acted upon, recognize persons entitled to the floor, put to vote all questions, moved and seconded, announce result of votes, maintain the rules of order, execute documents and official actions on behalf of the Board when duly approved, and carry out other duties set forth in the by-laws. (b) Vice Chair. The Vice Chair shall serve as Chair in the absence of the regularly elected Chair. (c) Secretary. WCCTAC shall employ or contract for the services of a Secretary who shall prepare, distribute, and maintain minutes of meetings of the WCCTAC Board, the WCCTAC-TAC and any committees of the WCCTAC. The Secretary shall also maintain the official records of the WCCTAC and shall file notices as required by Paragraph 18 of this Agreement. (d) Treasurer. WCCTAC shall employ or contract for the services of a Treasurer who shall: (1) Report to the WCCTAC Program Manager; (2) Receive and provide for the receipt of all funds of the WCCTAC and place them in the treasury to the credit and for the account of the WCCTAC; 7 , (3) Be responsible, upon an official bond, for the safekeeping and disbursement of all funds of the WCCTAC; (4) Pay; when due, out of funds of the WCCTAC, all sums payable on outstanding Revenue Bonds and other indebtedness of the Authority; (5) Pay any other sum duly authorized for payment from funds of the WCCTAC; (6) Verify and report, in writing, on the first day of July, October, January, and April of each year to the Board and each Member, as of the end of the preceding month, the amount of funds held for the Authority, the amount of receipts since the last report and the amount paid out since the last report; and (7) Invest WCCTAC's funds in the manner provided by law and collect interest thereon for the account of the WCCTAC. (III) Vote (a) Authorized Voting Members Each member or designated alternate shall be authorized to vote. (b) WCCTAC Business For purposes of decisions related to the regular business of the WCCTAC, including policy decisions, preparation of budgets and expenditures of funds, the City of Richmond shall have three votes; the cities of El Cerrito, Hercules, Pinole and San Pablo and the County of Contra Costa shall have one vote apiece; BART shall have one vote; and the AC Transit shall have one vote. A majority vote of six shall be required for the adoption of any course of action related to the regular business of the WCCTAC. (c) Appointment of Representatives to the Contra Costa Tranportation Authority Decisions related to determining WCCTAC appointments to the Contra Costa Transportation Authority shall be made only by 8 participating city and County jurisdictions. In these cases, participating cities and the County shall each have one vote. A majority vote of four shall be required for any WCCTAC decision related to appointment of representatives to the Contra Costa Transportation Authority. (IV) Meetings of the Board (a) Regular Meetings The Board shall meet at least ten times per year. The date, hour and place at which each such regular meeting held shall be determined by a majority vote by the Board. (b) dial_Meetings Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. (c) Notice of Meetings All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, being Sections 54950, et seq. of the California Government Code, and other applicable laws of the State of California requiring notice of meetings of public bodies to be given. (d) Minutes The Board shall cause minutes of all meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each Agency. (e) Quorum A majority of the members of the Board shall constitute a quorum for the transaction of business. (V) Bylaws The Board shall adopt from time to time such bylaws, rules or regulations for the conduct of its affairs as may be required. 9 (B) WCCTAC STAFF (1) Com spo ition The WCCTAC shall have a staff consisting of a Program Manager who shall serve as primary staff person, a Transportation Project Specialist and clerical support. In addition, independent consultants may be engaged on a continuing or short-term basis, as needed. (II) Additional Staff Additional staff may be added with Board approval within the constraints of the current FY budget. (C) WCCTAC-TAC ORGANIZATION (I) Com spo ition The WCCTAC shall have a technical advisory committee which shall be known as the WCCTAC-TAC and which shall be composed of the City Managers of the participating cities or said City Managers' designees; the District Managers of the participating transit authorities or said District Managers' designees; and the County Administrator for Contra Costa County or said County Administrator's designees. The WCCTAC-TAC shall be chaired by a City Manager of one of the participating cities or by a City Manager designee approved by the WCCTAC Board. (n) Duties (a) The WCCTAC-TAC shall study and discuss issues pertaining to WCCTAC and shall make recommendations to the WCCTAC concerning those issues. However, the role of the WCCTAC- TAC in making recommendations to the WCCTAC shall not be deemed to preclude the WCCTAC from considering recommendations from other bodies and concerned individuals. (III) Officers The WCCTAC-TAC shall be chaired by a City Manager of one of the participating cities, or a City Manager's designee with the approval of the WCCTAC Board. The WCCTAC-TAC Chair shall be recommended by the WCCTAC-TAC and approved by the WCCTAC at their 10 respective June meetings. The WCCTAC-TAC Chair's term of office shall be for two years and shall begin on July 1. It shall be the duty of the WCCTAC-TAC Chair to provide direct supervision of the WCCTAC Program Manager. (IV) Decision-making Process For purposes of selecting the WCCTAC-TAC Chair, each participating jurisdiction or Agency shall have one vote. All other decisions shall be made by consensus unless members consent to vote. 10. SUPPORT SERVICES Each of the Agencies shall strive to provide the necessary support to the Board as may be necessary for the Board to fulfill its duties. 11. RESTRICTIONS UPON EXERCISE OF POWER OF BOARD This agreement is entered into under the provisions of Title 1, Division 7, Chapter 5, Article I, Section 6500 eta of the California Government Code, concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising the power of the City of San Pablo. 12. FUNDS, AUDIT AND ACCOUNTING SERVICES Pursuant to the requirements of Section 6505.5 of the Government Code, the Finance Division Manager of the City of San Pablo is designated to be the depositary and to have custody of all WCCTAC funds from whatever source, and to perform the following functions, unless the WCCTAC Board determines otherwise. Fiscal responsibilities shall include the following: (a) Receive and receipt for all money for WCCTAC for the credit of the Board; (b) Be responsible upon official bond for the safekeeping and disbursement of all Board money so held; (c) Pay any sums due from the Board from Board money, or any portion thereof, only upon warrants of the WCCTAC-TAC Chair and/or WCCTAC Program Manager. There shall be a limit of$10,000 on the amount of warrants which can be issued without Board approval. 11 (d) The Finance Division Manager of the City of San Pablo shall be considered the Treasurer of WCCTAC funds unless otherwise determined by the WCCTAC Board. The Treasurer of WCCTAC funds shall have custody of all WCCTAC funds and shall verify and report in writing on the first day of October, January, and April of each year; and within ninety (90) days after the close of the fiscal year ended June 30th, to the Board and to the participating Agencies to this agreement, the amount of money the Treasurer holds for the Board, the amount of receipts and the amount paid out since the last report to the Board. The audit of funds shall be conducted annually in compliance with Section 6505 of the Government Code by an independent certified public accountant qualified to perform on behalf of the joint power authorities. There shall be strict accountability of all funds and reporting to the Board of all receipts and disbursements. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for municipalities or counties and the audit shall conform to generally accepted auditing standards. (e) The Program Manager and the Treasurer are hereby designated as the persons who have charge of and access to the property of WCCTAC. Each such person shall file with the Board an official bond in an amount to be fixed by the Board. The costs of the bonds shall be paid by WCCTAC. 13. OBLIGATIONS OF TIME AGENCIES Each Agency shall: (a) Be liable to the WCCTAC for, upon demand, its proportionate share of expenses based upon the budget adopted by the WCCTAC and member Agencies. Invoices shall be prepared by the WCCTAC Program Manager. The proportionate share of each Agency shall be determined according to the following formula: City of Richmond 30% City of El Cerrito 10% City of Hercules 10% City of Pinole 10% City of San Pablo 10% County of Contra Costa 10% San Francisco Bay Area Rapid Transit District 10% Alameda-Contra Costa Transit District 9% WestCAT 1% 12 (b) The WCCTAC will recommend a budget to member Agencies each Fiscal Year. Based upon the above formula, during the Fiscal Years 1993 through 1996 the proportionate share of each member Agency's annual share shall not exceed the following: City of El Cerrito $ 9,500 City of Hercules $ 9,500 City of Pinole $ 9,500 City of Richmond $28,500 City of San Pablo $ 9,500 County of Contra Costa $ 9,500 San Francisco Bay Area Rapid Transit District $ 9,500 Alameda-Contra Costa Transit District $ 8,550 WestCAT $ 950 TOTAL $95,000 (c) Commencing on July 1, 1994, and continuing with each July 1 thereafter, the WCCTAC shall approve a budget which reflects the annual costs and the proportionate share of required funding to be provided by each member Agency. (d) WCCTAC members shall be invoiced annually in May in advance for the next fiscal year, and their share shall be payable immediately. 14. DISPOSMON OF WCCTAC FUNDS UPON TERMINATION WCCTAC funds, including any interest earned on deposits, remaining upon termination of this agreement after payment of all obligations, shall be returned in proportion to the contribution to each Agency during the term of this Agreement. Decisions of the Board shall be final in this regard. 15. WITHDRAWAL Any Agency upon sixty (60) days' written notice given to the Chau of WCCTAC may withdraw from this agreement; provided, however, that the withdrawing Agency shall be liable for its proportionate share of any expenses incurred, up to the date notice of termination is received, which exceeds the withdrawing Agency's contribution under Paragraph 14; and provided further, that in no event shall a withdrawing Agency be entitled to a refund of all or any part of its contribution made under Paragraph 14. 13 16. TERMINATION (a) This agreement shall remain in effect indefinitely unless amended or terminated as provided hereunder. (b) This agreement may be terminated by the affirmative vote of the governing bodies of not less than two-thirds of all member Agencies. 17. AMENDMENTS This agreement may be amended by the affirmative vote of the governing bodies of not less than two-thirds of all member Agencies. 18. NOTICES All notices to Agencies shall be deemed to have been given when mailed to the governing body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at: WCCTAC One Alvarado Square San Pablo, CA 94806 19. FILINGS WITH THE SECRETARY OF STATE Within 30 days of the effective date of this agreement, the Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Government Code Section 6505.3 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to California Government Code Section 53051. IN WITNESS WHEREOF, these signatures attest the parties' agreement to the provisions of the Amendment to the Joint Exercise of Powers Agreement. 14 J COUNTY OF CONTRA COSTA Executed on , 1995, at , California. Attest: Chair, Bo d of Supervisors County Clerk County Administrator le A6 1 Approved as tonrm: N I County Cou 1 15