HomeMy WebLinkAboutMINUTES - 08171999 - C.194 To Board of Supervisors
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FROM: Dennis M. Barry, AICD Costa
Community Development Director County
DATE: August 10, 1999
SUBJECT: Amendments to the TRANSPLAN Committee Joint Exercise of Powers Agreement
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Approve, in substantially the fora presented, the amended Joint Exercise of
Powers Agreement for the TRANSPLAN Committee (see Exhibit A), and
authorize its signature by the Chair.
FISCAL IMPACT
The County's share in the cost of the TRANSPLAN Committee is included in the
budget of the Community Development Department, and is funded with Measure
C-98 Return to Source Funds and Gas Tax revenues.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The TRANSPLAN Committee was created to establish a cooperative multi jurisdictional
transportation planning process for the local jurisdictions in eastern Contra Costa County.
These amendments are needed to accommodate representation from the City of Oakley,
and to reflect procedures established by Contra Costa's congestion management agency,
which has been assigned certain countywide transportation planning and funding responsibilities
pursuant to state law.
On July 8, 1999, the TRANSPLAN Committee authorized the Chair to transmit the amended
agreement to the participating jurisdictions for review and approval, along with the
recommendation that the membership of our Committee continue to reflect the participation
of planning commissioners from each jurisdiction. Consequently, the City of Oakley is also
requested to appoint a representative of their City Council and their Planning Commission as
voting members to the TRANSPLAN Committee.
You are requested to take action on the amended agreement prior to September 9, 1999, so
that the representatives from the City of Oakley can participate in our neat meeting as voting
members.:
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CONTINUED ON ATTACHMENT: X YES S IGNA 'URE��
ACTION IiI BOARD ON Au u t il,7 . 1999 APPROVED As RECOMMENDED XX OTHEA
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS Is A TRUE AND
XXUNANIMOUs (ABSENT _ - - ® - CORRECT COPY of AN ACTION TAKEN AND
AYES: NOES- ENTERED ON THE MINUTES of THE BOARD OF
ABSENT; ABSTAIN: SUPERVISORS ON THE DATE SHOWN.
Contact: Steven Goetz(9251335-124.0) ATTESTEDA u grt ,, 19.9a
9
cc: Community Development Department (CDD) � PHIL BATCHELOR, CLERK OF THE
BOARD of SUPERVISORS AND
COUNTY ADMINISTRATOR
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Jan&'r:rba/transpr&rtlpa.ros BY —, DEPUTY
updated.July 9, 1999
JOINT EXERCISE OF POWERS AGREEMENT
BETWEEN
THE
COUNTY OF CONTRA COSTA
AND
THE CITIES OF
ANTIOCH, BRENTWOOD, OAKLEY, AND PITTSBURG
FOR THE TRANSPLAN COMMITTEE:
THE REGIONAL TRANSPORTATION PLANNING COMMITTEE
FOR EASTERN CONTRA COSTA COUNTY
THIS AGREEMENT is made and entered into this 17 to day of Liau s 1999, by and
between the COUNT`(OF CONTRA COSTA, hereinafter referred to as the "COUNTY,
and the cities of ANTIOCH, BRENTWOOD, OAKLEY and PITTSBURGhereinafter
referred to as the "CITIES", for the purposes of establishing a multi jurisdictional
transportation planning press for eastern Contra este County consistent with the
Contra Costa Transportation Improvement and Growth Management Expenditure Plan,
hereinafter referred to as MEASURE C, and Ordinance No. 88-01 of the CONTRA
COSTA TRANSPORTATION AUTHORITY, hereinafter referred to as the "AUTHORITY".
RECITALS
1. Article I of Chapter 5 of Division 7 of Title I of the California Government Code
authorize the COUNTY and CITIES to create a joint exercise of powers to establish a joint
policy steering committee with the power to jointly exercise certain powers common to the
COUNTY and CITIES.
. Measure C-1988 requires all jurisdictions to participate in a cooperative
multi jurisdictional planning process, and requires jurisdictions to jointly determine the
appropriate measures and programs for mitigation of regional traffic impacts, and
implement an .Action Plan for Rouses of Regional Significance, hereinafter referred to as
the ACTION PLAN.
S. Through a joint exercise of powers agreement for the TRANSPLAN Committee
executed in 1991, the COUNTY and CITIES have established a multi-jurisdictional
transportation planning process for the eastern portion of Contra Costa County.
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4. The intent of this updated joint exercise of powers agreement, hereinafter referred
to as the AGREEMENT, is to acknowledge the ongoing multi jurisdictional transportation
planning process between the COUNTY and CITIES, to reaffirm the TRANSPL.AN
Committee as the Regional Transportation planning Committee for eastern Contra Costa
County, as prescribed under the Measure C-1988 Growth Management Program, to
include the newly incorporated City of Oakley as a party to the AGREEMENT, and to
update the responsibilities and authority assigned to the TRANSPL.AN Committee.
SECTION I.
Responsibilities and Authority of the TRANSPL.AN Committee:
1. The COUNTY and CITIES agree to assign the following responsibilities to the
TRANSpL.AN Committee (see TRANSFLAN Committee Administrative procedures
for further details):
a. Coordination - Review and coordinate transportation playas and transportation
project proposals within or that effect eastern Contra Costa County in an area
within the boundaries set forth in Exhibit A.
b. Advise Commission -Advise the Authority on all matters concerning MEASURE
C-1988, and on programming of State and Federal transportation funds in
eastern Contra Costa County.
C. Regional Forum - provide the jurisdictions, agencies, and residents of eastern
Contra Costa County with a forum to address regional transportation issues and
other transportation matters, convey information on these issues to jurisdictions,
agencies, and residents, and foster regional efforts to reduce traffic congestion.
2. The COUNTY and CITIES agree to assign to the TRANSpLAN Committee the
following authority.
a. Accept, review, authorize and conduct transportation related studies and reports;
b. Review transportation and land use playas and/or policies and recommend changes
thereto,
C. Develop regional strategies, plans, or programs to meet Measure C-1988
requirements;
d. Assess transportation needs in eastern Contra Costa County;
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e. Advise the COUNTY and CITIES on transportation issues which impact the
jurisdictions and the region;
f. Coordinate and advocate the region's response to local, state, and federal agencies
concerning transportation issues;
9. Appoint the region's representative(s) to the AUTHORITY's Board, Committees
and/or Subcommittee;
h. Prepare the region's advisory recommendations to the AUTHORITY concerning all
transportation related programs, policies, and regulations;
I. Hold and conduct regular public monthly meetings and adopt Administrative
Procedures.
j. Gather and collect all necessary information and data; and
k. Adopt annual work program and budget to accomplish the foregoing purposes.
SECTION If.
The COUNTY and CITIES agree to:
1. Acknowledge and reaffirm that the TRANSPLAN Committee is the Regional
Transportation Planning for eastern Contra Costa County.
2. Use the existing TRANSPLAN TAC, hereinafter referred to as the TAC, to prepare
recommendations on matters of business before the TRANSPLAN Committee.
3. Conduct TRANSPLAN Committee and TAC activities in accordance with duties
and powers described in SECTION I and Administrative Procedures the
TRANSPLAN Committee may adopt.
4. Designate staff from Contra Costa County Community Development Department,
as the designated Project Manager for the TRANSPLAN Committee or designate
a Project Manager by other means as determined by the TRANSPLAN
Committee.
5. Assign the Project Manager the following responsibilities to provide staff
services and program management activities, subject to TRANSPLAN
Committee consent or approval, including, but not limited to:
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a. To make and enter into contracts;
b. To apply for and accept grants, advances and contributions;
C. To employ and contract for serves of consultants, engineers, attorneys, agents,
and such other persons when necessary to accomplish the foregoing purposes.
6. To adopt an annual work program and budget for the activities of the TRANSPLAN
Committee.
SECTION Ill.
The COUNTY in its capacity as Project Manager agrees to:
1. Provide staff support for all activities related to the TRANSPLAN Committee and
TAC. Staff support shall include the preparation and distribution of agenda materials, and
coordination of TRANSPLAN Committee activities with other member jurisdictions, other
public agencies, community groups, the AUTHORITY, and other Regional Transportation
Planning Committees.
2. Draft an annual work program and budget for approval by the TRANSPLAN
Committee.
SECTION IV
The CITIES agree to:
Beginning in Fiscal Year 1999199 to pay the COUNTY or, another Project Manager if
appropriate, their pro-rata share of the annual cost for providing staff support and services
to the TRANSPLAN Committee, according to a five-way split among the five jurisdictions
setting each jurisdictions funding contribution at 20% cost shares. Within 39 days of the
effective date of this AGREEMENT, or within 30 days of receiving an invoice from the
COUNTY payment to the COUNTY shall be due. The pro-rata share is apportioned as
follows any subsequent changes the pro-rata share of costs shall be re-negotiated and
agreed to by COUNTY and CITIES by letter agreement.
4
SECTION V
It is mutually agreed by COUNTY and CITIES
1 . Term: The term of this AGREEMENT shall remain in effect until
terminated, as provided in Section V , paragraph 2.
2. Termination: COUNTY or CITIES, upon sixty days written notice to the Chair of the
T ANSPLAN Committee, may withdraw from this AGREEMENT, provided that the
withdrawing party shall be liable for its proportionate share of any expenses incurred up
to the date of the notice of termination is received; and provided further that in no event
shall a withdrawing party be entitled to a refund for all or any part of its contribution made
under Section Ill.
3. Indemnity: It is mutually understood and agreed, relative to mutual indemnification
of the COUNTY and CITIES:
a. That neither COUNTY, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything doge or omitted to
be done under or in connection with any work, authority or jurisdiction delegated to the
CITIES under the AGREEMENT It is also understood and agreed that, pursuant to
Government Code Section 895.4, the CITIES shall fully indemnify and gold the COUNTY
harmless from any liability imposed for injury as defined by Government Code Section
510.5 occurring by reason of anything done or omitted to be done by the CITIES under this
AGREEMENT or in conjunction with any work, authority, or jurisdiction delegated to the
CITIES under this AGREEMENT
b. That neither the CITIES, nor any officer or employee thereof, shall be
responsible for any damage or liability occurring by reason of anything done or omitted to
be done by COUNTY under or in connection with any work, authority or jurisdiction
delegated to the COUNTY under the AGREEMENT It is also understood and agreed that,
pursuant to Government Code Section 895.4, COUNTY shall fully indemnify and hold the
CITIES harmless from any liability for injury as defined by Government Code Section 810.8
occurring by reason of anything done or omitted to be done by COUNTY under this
AGREEMENT or in connection with any work, authority, or jurisdiction delegated to the
COUNTY under this AGREEMENT
4. Notices: Any notice which may be required under the AGREEMENT shall be in
writing, shall be effective when received, and shall be given by personal service, or by
certified or registered mail, return receipt requested, to the addresses set forth below, or
to such addresses which may be specified in writing to the parties hereto:
5
. Additional Acts and Documents: Each party agrees to do all such things and take
all such actions, and to make, execute and deliver such other documents and instruments,
as shall be reasonably requested to carry out the provisions, intent and purpose of the
AGREEMENT.
6. Integration: This AGREEMENT represents the entire AGREEMENT of the parties
with respect to the subject matter hereof, all such agreements entered into prior hereto are
revoked and superseded by this AGREEMENT, and representations, warranties,
inducements, or oral agreements have been spade by any of the parties except as
expressly set forth herein, or in other contemporaneous written agreements.
7. Amendment, This AGREEMENT may not be changed, modified, or rescinded except
in writing, signed by all parties hereto, and any attempt at oral modification of this
AGREEMENT shall be void and of no effect.
5. Independent Agency: COUNTY renders its services under this AGREEMENT as an
independent agency. Mone of the COUNTY's agents or employees shall be agents or
employees of the CITIES.
g. Assianment: The AGREEMENT may not be assigned, transferred, hypothecated,
or pledged by any party without the expressed written consent of the other party.
10. Binding on Successors, etc.: This AGREEMENT shall be binding upon the
successors, assignees, or, transferee of the COUNTY or CITIES as the case may be. This
provision shall not be construed as an authorization to assign, transfer, hypothecate or
pledge this AGREEMENT other than as provided above.
11. Severability: Should any part of this AGREEMENT be declared unconstitutional,
invalid, or beyond the authority of any party to enter into or carry out, such decision shall
not affect the validity of the remainder of this AGREEMENT, which shall continue in full
force and effect: provided that, the remainder of this AGREEMENT can, absent the excised
portion, reasonably be interpreted to give effect to the intentions of the parties.
PR1h:prochUransp1anJoht.pwr
6
-Boundary Description
East County Area of Benefit
EXHIBIT "An
The eastern portion of Contra Costa County, California, bounded on the north, east, and south by
the boundary of said county, and bounded on the west by the following described line.
Beginning In Suisun Bay on the boundary of entre Costa County at the northern prolongation of
the west line of Section 5, Township 2 North, Range 1 Vilest, Mount Diablo Meridian, thence from
the Point of Beginning, along said prolongation and west lines of Sections 5 and 8 (T2N, Ti1V),
southerly 14,225 feet, more or less, to the west quarter corner of said Section 8, thence along the
midsection line of Section 8, easterly 5,280.06 feet, more or less, to the east quarter corner of said
Section 8;thence along the east lines of Sections 8 and 17 (T2N, R11Iil), southerly 8,430 feet, more
or less, to the southwest corner of PARCEL "A" of Subdivision MS 9.83 filed January 20, 1984 In
Book 109 at page 10, Parcel Maps of said county, also being an angle print on the boundary of
"CONCORD NAVAL WEAPONS STATION ANNEXATION" to the City of Concord certified
November 1, 1988; thence along said annexation boundary as follows: (1) southeasterly 8,870.78
feet to the north line of Section 27 (T2N, RIW), (2) southeasterly 10,841.44 feet, (3) southerly
3,015.82 feet, (+4) southerly 1,478.05 feet, and (5) southwesterly 817.33 feet to the south line of
U.S.A. Explosive Safety Zone recorded December 27, 1977 in Volume 8645 at page 882, Official
Records of said county, and shown on the Record of Survey filed January 8, 1985 in Book 76 at
page 12, Licensed Surveyors daps of said county; thence leaving said annexation boundary and
following the boundary of said safety zone (also being the boundary of"BRINTON ANNEXATION"
to the City of Concord certified July 15, 1987) as follows: (1) easterly 1,398.01 feet, (2) easterly
660.00 feet, (3) northerly 848.84 feet and (4) easterly 859.80 feet, to the west line of Section 1
(T1 N, RI ; thence leaving the boundary of said safety zone, along said west line, southerly 2,582
feet, more or less, to the southeast corner of"BRINTON ANNEXATION" on the north right of way
line of Kirker Pass Road (also being the northeast corner of "BERNSTEIN ANNEXATION" to the
City of Concord certified March 29, 1972), thence continuing along the west line of Section 1 (also
being the east line of "BERNSTEIN ANNEXATION"), southerly 2,300 feet, more or less, to the
southwest corner of said Section 1 on the north line of "OAKHURST COUNTRY CLUB AREA
ANNEXATION"to the City of Clayton certified .November 30, 1987; thence leaving the boundary of
the City of Concord and following the boundary of said City of Clayton annexation as follows: (1)
along the south line of Section 1, easterly 5,254.48 feet, to the northeast corner of Section 12 (T1 N,
RTW) on Mount Diablo Meridian, (2) along said meridian, southerly 10,353.95 feet, to the northeast
corner of Section 24 (TIN, R1 W), (3) along the north Brae of Section 24, westerly 1,406.17 feet, to
the northeast right of way line of Marsh geek Road shown on the Record of Survey filed
September 29, 1988 in Book 45 of Licensed Surveyors Maps at page 2, (4) along said right of way
line in a general southeasterly direction 1,526.21 feet to Mount Diablo Meridian, and (5) along said
meridian, southerly 936.04 feet,to the most southeastern comer of said annexation,thence leaving
said annexation boundary, continuing along said meridian, southerly 72.75 feet, to the northwest
corner of"OAKWOOD ANNEXATION"to the City of Clayton certified August 16, 1990;therm along
the boundary of "OAKS' OOD ANNEXATION" (also being the boundary of Subdivision 7259
"Oakwood"filed December 12, 1990 in Book 354 of Maps at page 5) as follows: (1)easterly 339.92
1
feet, (2) in a general northeasterly direction 339.14 feet, (3) in a general southerly direction 618.45
feet, (4) southwesterly 632.77 feet, and (5) westerly 215.95 feet to the southwest comer of
"OAKWOOD ANNEXATION" on Mount Diablo Meridian; thence leaving said annexation boundary,
along said meridian, southerly 13,854.07 feet, to National Geodetic Survey Station "Mount Diablo;"
thence continuing along said meridian, southerly 15,840 feet, more or less, to the southwest corner
of Section 18 (TIS, R1 E); thence along the south lines of Sections 18, 17, 16, 15 and 14 (TIS,
R1 E), easterly 26,373 feet, more or less, to the northwest comer of Section 24 (T1 S, R1 E); thence
along the west lines of Sections 24 and 25 (T1 S. R1 E), southerly 10,560 feet, more or less, to the
southwest comer of said Section 25; thence along the south rine of Section 25 (Ti S, R 1 E) and the
south line of Section 30 (T1 S, R2E), easterly 8,575 feet, more or less, to the southwest right of way
line of Morgan Territory Road shown on the map of Subdivision MS 18-86 filed February 28, 1992
In Book 157 of Parcel Maps at page 43; thence along said southwest line In a general southeasterly
direction 685 feet, more or less, to the southwestern prolongation of the northwest line of
Subdivision MS 31-78 filed December 31, 1980 in Book 91 of Parcel Maps at page 44, thencd along
said prolongation and northwest line, northeasterly 2,255.06 feet, to the west line of Section 29
(T1 S, R2E);thence along said west line, southerly 1,020.02 feet,to the southwest comer of Section
29; thence along the south lines of Sections 29 and 28 (T1 S, R2E), easterly 10,560 feet, more or
less, to the northwest comer of Section 34, (Ti S, R2E); thence along the,west line of Section 34
(T1 S, R2E) and the west lines of Sections 3 and 10 (T2S, R2E), southerly 14, 960 feet, more or
less, to the boundary of Contra Costa County.
EXCLUDING THEREFROM:
1. Those portions lying within the boundaries of incorporated cities.
2. The sphere of influence for the City of Clayton as adopted by the Local Agency
Formation Commislon and as shown in Exhibit 1-4, page 1-9 of the Clayton General
Plan adopted July 17, 1985.
LH.jlg:rbt
ctex:ECounty.AOB
3/31/94
4/18/94
2
.............................................................................................
COUNTY OF CONTRA COSTA
BY-
o p enciernil(e
Chair, Board of Supervisors
Dated: .-AuL7u17 . L9 9 9
Attest:
Phil Batchelor
Clerk of the Board of Supervisors
and County Administrator
BY-
Deputy
Approved as to legal form:
Victor J. Westrnan, County Counsel
BY:
Deputy
Dated:
COUNTY OF CONTRA COSTA
J'' 2ard
aC4 iar tllla
Cl�alr, of Supervisors
Dated: August- 17 . 1999
,fittest:
€ hil Batchelor
Clea of the Board of Supervisors
and County Administrator
BY.
Deputy
Dated: August 17 : 1999
Approvers as to legal fora:
Victor J. Westr an, County Counsel
BY.
Deputy
Dated:
7
COUNTY OF CONTRA COSTA
4
BY.
o p anci
ami
chair, lcsard of Supervisors
Dated: ugust .1.7-
Attest:
.?.7Attest:
Phil Batchelor -
Clerk of the Board of Supervisors
and County Administrator
BY:
Deputy
bated: ugust 12 ,_1_199
Approved as to legal form:
Victor J. Westman, County Counsel
BY:
Deputy
Dated:
—
7
COUNTY OF CONTRA COSTA
BY-
0 p nciamilla
Chair, oard of Supervisors
Dated-. -
Attest:
ated:Attest:
Phil Batchelor
Clerk of the Board of Supervisors
and County Administrator
BY:
Deputy
Dated: August 17, 199
.Approved as to legal form:
Victor J. Westm n, County Counsel
BY:
Deputy
Dated:
Z
COUNTY OF CONTRA COSTA
9
BY..
o ph nciamilla
Chair; 8oard of Supervisors
Dated: A gust 3.7 1999
Attest: -
Phil Batchelor
Clerk of the Board of Supervisors
and County Administrator
BY:
Deputy
Dated: A2 ,Is t 17 , X999
Approved as to legal fora:
Victor J. Westman, County Counsel
BY:
Deputy
Dated:
7
CITE' OF ANTIOCH
Dated:
Mary Rocha, Mayor
Attest: Dated:
, City Clerk
Approved as to legal form:
By; Dated:
City Attorney
8
CITY OF BRENTWOOD
By. bated:
Quintin Kidd, Mayor
Attest: Dated:
, City Clerk
Approved as to legal form:
By: _ bated:
City Attorney
9
CITY OF OAKLEY
Pet Andersen, Mayor
Attest: Dated:
4 City Clerk
Approved as to legal form:
By: Dated:
City Attorney
10
CITY OF P[T sBURG
BY; Dated:
Mayor
Attest- Dated:
City Clerk
Approved as to legal form:
By: Dated:
City Attorney
1 '�