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Home My WebLink AboutMINUTES - 08081995 - C91 TO: BOARD OF SUPERVISORS R Contra .s FROM: Harvey E. Bragdon, Costa Director of Community Development "' ^ s �� County DATE: August 8, 1995 SUBJECT: Amendment to the Joint Powers Agreement Establishing the West Contra Costa Transit Authority (WESTCAT) SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve, in substantially the form presented,the Ninth Amendment to the Joint Exercise of Powers Agreement(JPA) establishing the Western Contra Costa Transit Authority, and authorize the Chair, Board of Supervisors, to execute the same. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS The abovementioned agreement between the County and the cities of Hercules and Pinole established local public transit service in the northwestern portion of Contra Costa County in 1977. This agreement expires on August 30, 1995. The WESTCAT Board of Directors, at their July 19, 1995 meeting, adopted Resolution 95-06 (see Exhibit "A") requesting parties to extend the term of the agreement through an amendment. Previous amendments approved by the Board of Supervisors renewed the JPA for a five year period (i.e., the Eighth Amendment extended term of JPA from August 31, 1990 to August 30, 1995). CONTINUED ON ATTACHMENT: x YES SIGNATRE• arvey E. _RECOMMENDATION OF COUNTY ADMINISTRATOR_RECOMMENDATION OF BOARD COMMATEE _APPROVE —OTHER SIGNATURE(S): ACTION OF BOARD ON g \99-9- APPROVED AS RECOMMENDED 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. Orig Dept: Community Development ATTESTED 1995 Contact: Patrick Roche,646-2835 PHIL BATCHELOR CLERK F cc: WESTCAT(via CDD) THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY ,DEPUTY 9th Amendment to WESTCAT JPA - continued Page Two The proposed Ninth Amendment differs in two respects from previous amendments extending the term of the JPA. First, it extends the term of the JPA indefinitely until any party formally withdraws rather than requiring each party to take a formal action every five years to keep the JPA in force. Second, it clarifies and simplifies the process by which a party may withdraw from the agreement. The language in the Ninth Amendment would protect all members of the JPA by establishing that the agreement is subject to termination upon resolution by any of the signatory jurisdictions. It requires only that notification be provided to the WESTCAT Board of Directors at least 60 days prior to the meeting at which such resolution is to be considered. Each party to the JPA continues to have direct involvement in the governance of WESTCAT through its appointments to the Board of Directors. A copy of the proposed Ninth Amendment, which is attached as Exhibit "B," has been reviewed by County Counsel as to legal form. Staff recommends approving, in substantially the form presented, the proposed Ninth Amendment to the WESTCAT JPA. This amendment would simplify the process for renewing and terminating the WESTCAT JPA. attachments(2) WESTCAT Resolution 95-06 Ninth Amendment,WESTCAT JPA Exhibit"B" 4' NINTH AMENDMENT OF THE JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING WESTERN CONTRA COSTA TRANSIT AUTHORITY (Contra Costa County, Pinole and Hercules) 1. PARTIES AND DATE- Effective August 31, 1995, and pursuant to Government Code §6500 et. seq., (herein called the 'law"), the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, herein called the "County", the CITY OF PINOLE, and the CITY OF HERCULES, all situated in Contra Costa County, California, and herein collectively referred to as "Cities", as individual public entities mutually promise and agree as hereinafter set forth. 2. PURPOSE AND AMENDMENT. In furtherance of the above entitled Agreement (dated August 30, 1977) and as provided in paragraphs 15 and 17 thereof, it is hereby mutually agreed that paragraph 14 shall be amended to read as follows: (a) Term of Agreement: The Agreement as amended shall continue in force for an indefinite term until terminated pursuant to subparagraph (b) below. (b) Termination of Agreement. The Agreement maybe terminated by: (1) Mutual agreement; or (2) Resolution by any of the signatory public entities thereto. Said public entity shall provide WESTCAT with not less than sixty (60) days notice of such intended resolution prior to any meeting in which such resolution is considered for action. 3. EXISTING AGREEMENT. The August 30, 1977 Agreement as amended shall continue in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Ninth Amendment by their duly authorized officers and representatives as of the day and year first above written. CITY OF PINOLE CITY OF HERCULES BY BY Mayor Mayor ATTEST: ATTEST: BY BY City Clerk City Clerk CONTRA POSTA COUNTY BY Chai�Boar of Supe isors ATTEST- Phil Batchelor, Clerk of the Board of Supervisors and County Administrator BY: � Exhibit"A" WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY BOARD OF DIRECTORS RESOLUTION 95-06 AUTHORIZING THE FILING OF A REQUEST TO THE CITIES OF HERCULES AND PINOLE AND THE COUNTY OF CONTRA COSTA TO APPROVE THE EXTENSION OF THE JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the Western Contra Costa County Transit Authority has been responsible for the provision of public transit services to the communities of Montalvin Manor, Bayview, Tara Hills, Pinole, Hercules, Rodeo, Crockett, and Port Costa since August 31, 1977; and WHEREAS, the need for public transportation still exists in these communities; and WHEREAS, the Western Contra Costa County Transit Authority is an eligible claimant of funds to provide these transit services; and WHEREAS, the Eighth Amendment to the Joint Exercise of Powers Agreement dated August 31, 1977 expires on August 30, 1995, be it RESOLVED, that the Board of Directors of the Western Contra Costa Transit Authority do hereby request that the City Councils of Hercules and Pinole and the Board of Supervisors of the County of Contra Costa approve an extension of the Joint Exercise of Powers Agreement dated August 31, 1977 to extend from August 31, 1995 until terminated by mutual agreement, or by resolution of one of the signatories thereto. iN ADOPTED this the 19 day of _Jv L .r , 1995 AYES: NOES: ABSENT: Del Hossellcus Date Chair, tiVCCTA Board of Directors --- Charles Anderson Date General �tilanager _VVCCTA