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Home My WebLink AboutMINUTES - 09281999 - C4 a TO: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: September 28, 1999 SUBJECT: Seventh Amendment to the Joint Exercise of Powers Agreement for the State Route 4 Bypass Authority and First Amendment to the Joint Exercise of Powers Agreement for the Eastern Contra Costa Regional Fee and Financing Authority, East County Area. Project No. 4650-5X4409, 4660-5X4085 SPECEFiC REQUEST(S)OR RECOMMIENDATION{S}&BACKGROUND ANIS JUSTIFICATION 16 Recommended Action. APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the Seventh Amendment to the Joint Powers Agreement (JPA)of the Mate Route 4 Bypass Authonty and the First Amendment to the Joint Exercise of Powers Agreement for the Eastern Contra Costa Regional Fee And Financing Authority, adding Carley as a member agency, East County area. IL FinancJal act- Approval, of the respective JPA Amendments will have no financial impact on the County General Fund. Continued on Attachment. X SIGNATUREd RECOMMENDATION OF COUNTY ADMINISTRATOR TOR W RECOMMENDATION OF BOARD COMMITTEE — —APPROVE OTHER SIGNATURE(S): ACTION€F BOARD ON APPROVED AS RECOMMENDED X OTHER September 28, 1999 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the ward VOTE OF SUPERVISORS of Supervisors on the date shown. UNANIMOUS(ABSENT Dnp } AYES: NOES: ABSENT: ABSTAt ; ATTESTED: S+�" ��-999 Nw e PHIL BATCHELOR, Clerk of the Beard of Supervisors G:1TransEng149991bobr99SR4BP\BOJEPA Arnendrr.ent.doc and County Administrator Orig. Div. Public Works(TE) Contact: Lowell Tunison(925)343-2382 Co. City Manager,Antioch �`� City Manager,Brentwood By �"�F� o�� „�_ Deputy City Manager,Oakley SUBJECT: Seventh Amendment to the Joint Exercise of Powers Agreement for the State Route 4 Bypass Authority and First Amendment to the Joint Exercise of Powers Agreement for the Eastern Contra Costa Regional Fee and Financing Authority, East County Area DAM September 28, 1999 'AGE 2 Ill. Reasons for Recommendations and Background: The City of Oakley incorporated on July 1, 1999. As a condition of incorporation, the City of Oakley is required to participate in the State Route 4 Bypass Authority;and the Eastern Contra Costa Regional Fee and Financing Authority, The respective JPA Amendments provide for the inclusion of Oakley into these two agencies. The Eastern Contra Costa Regional Fee and Financing Authority was formed in 1994 and is comprised of the Cities of Antioch, Brentwood and Pittsburg and Contra Costa County to administer the East County Regional Transportation Fee program. This regional fee is collected within the three city jurisdictions as well as in eastern unincorporated county area and funds three transportation projects: the Buchanan Road Bypass, improvements on highway 4 in the Antioch area and the Mate Route 4 Bypass. In 1989 Contra Costa'County and the Cities of Antioch and Brentwoodcreated the State Route 4 Bypass Authority through: a Joint Powers Agency Agreement. This agency was established to administer and set policy for the State Route 4 Bypass project, All the member agencies, including the County Board of Supervisors, must approve the Amendments in order for them to become effective. 1V. Conse €,tin es of Negative Action: A negative action by the Board would not amend the two JPA's and not allow Oakley to join the two agencies. SEVENTH TH ME DME T TO JOINT EXERCISE F POWERS AGREEMENT FOR CONSTRUCTION OF THE STATE ROUTE 4 BYPASS 1. EFFECTIVE DATE AND PARTIES Effective Scop ember 28 . 1999, the COUNTY OF CONTRA COSTA, a political subdivision of the State of California ("the "County") the CITY OF A TIO H, a municipal corporation duly organized and existing under the laws of the Mete of California ("Antioch"), the CITY OF BRENTWOOD, a municipal corporation duly organized and existing under the laws of the Mate of California ("Brentwood"), and the CITY OF OAKLEY, a municipal corporation duly organized and existing under the laws of the Mate of California ("Oakley"), mutually agree as follows: 2. PURPOSE Effective February 28, 1989, the County, Antioch, and Brentwood entered into a written agreement entitled "JOINT EXERCISE OF POWERS AGREEMENT FOR ROUTE ADOPTION OF THE STATE ROUTE 4 BYPASS" (referred to as the "Agreement"), which provides for the creation of a separate joint powers agency to perform planning and administration for the State Route 4 Bypass project, including route alignment, environmental review, design, construction, and other project activities. The Agreement previously has been amended as follows: First Amendment dated October 28, 1990; Second Amendment dated May 28, 1991; Third Amendment dated August 25, 1992; Fourth Amendment dated April 80, 1993; Fifth Amendment dated September 27, 1994 (revised title of Agreement to "JOINT EXERCISE OF WOOERS AGREEMENT FOR CONSTRUCTION OF THE STATE ROUTE 4 BYPASS"); and>Sixth Amendment dated May 20 1997. With Oakley's incorporation as a new city effective July 1, 1999, the parties wish to amend the Agreement to add Oakley as an additional member of the Authority, pursuant to Section 21 of the Agreement. 1 AMENDMENTS TO AGREEMENT A. On page 1, in the first paragraph, add the CITY OF OAKLEY, a municipal corporation duly organized and existing under the lags of the State of California, to the parties listed in that paragraph, B. Revise all references in the Agreement to 96the County, Brentwood. and/or Antioch" to read "the County, Antioch, Brentwood, and/or Oakley." C, In Section 4.5 Governing Board, change subpart a to read: _1- "One director shall be designated and appointed by each participant within 30 days after the effective date of this agreement, or in the case of a neer member, within 30 days after the effective date of the amendment adding the new member. The directors shall be members of the governing body of the legislative body whichthey represent." D. In Section 6 SPECIFIOWERS, change subpart i to read: "Serve as Project Sponsor for right of way acquisition, design, and construction of the Project as designated in the 'Joint Exercise of Powers Agreement by and among the City of Antioch, the City of Brentwood, the City of Oakley, and the City of Pittsburg and the County of Contra Costa relating to the East-Contra Costa Regional Fee and Financing Authority- 4. REMAINING PROVISIONS Subject to the changes' made by this and previous amendments, all provisions of the Agreement shall remain in full'farce and effect. . SIGNATURES These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA 1/1 1;-/ s` , N � 5 K � � By: 'AT71EST:DPhil Batchelor, Cleric of the <;ard of Supervisors and County `Administrator By: 3 uty Clerk FORM APPROVED: Victor J. Westman, 'County Counsel By: David f e chn dt, t''ePuty ;-Unty Counsel -2- CITY OF ANTIOCH CITY OF BRENTWOOD Bv By: 7 Mayor ' Mayor ATTEST: ATTEST: /f By: By:— 41ty O"rk City Clerk FORM APPROVED: FORM APPROVED: By: By: William Galstan, City Attorney pity Attorney CITY OF OAKLEY B y: Mayor ATTEST: 4;' By: City,C16ik FORM APPROVED: By: Elizabeth H. Silver, City Attorney G,MansEng\1 999\99SR413P'ZeMPlS8VsnthAmendmsn'.dQc: ................ ......................................... .......................... .............................................. ........................................................................ ................................................... .......... .................... ...................... FIRST AMENDMENT TO JOINT EXERCISE F POWERS AGREEMENT FOR EAST CONTRA COSTA REGIONAL FEE AN FINANCING AUTHORITY 1. EFFECTIVE DATE AND PARTIES IES Effective OMB 1999, 1999, the CITY OF ANTIOCH, a municipal corporation duty organized and existing under the laves of the State of California ("Antioch"), the CITY OF BRENTWOOD, a municipal corporation duly organized and existing under the laws of the State of California ("Brentwood"), the CITY OF CAKL Y, a municipal corporation duly organized and existing under the lags of the State of 'California ("Oakley"), the CITY OF PITTSBURG, a municipal corporation duly organized and existing under the lags of the Mate of California ("Pittsburg"'), and the COUNTY OF CONTRA COSTA, a legal subdivision and body corporate and politic of the State of California (the "County") mutually agree as follows: 2. PURPOSE Effective August 9, 1994, Antioch, Brentwood, Pittsburg, and the County entered into a written agreement entitled "East Contra Costa Regional Fee and Financing Authority Joint Exercise of Powers Agreement" (referred to as the "Agreement"), which provide for the creation of a separate joint powers agency to assist in the establishment of a uniform regional development fee program and the funding and implementation of road improvement projects in the East County area. The Agreement has not been amended previously. With Oa ley's incorporation as a new city effective July 1, 1999, the parties wish to amend the Agreement to add Oakley as an additional member of the Authority, pursuant to Sections 3.0 and 16 of the Agreements . AMENDMENTS' TO AGREEMENT" A. In the first paragraph of the Agreement, acid the CITY OF OAKLEY, a municipal corporation duly'organized and existing under the laws of the State of California, to the parties listed in that paragraph. S. in the Agreement, Section 1 DEFINITLONS, change the definition of "City" and "Cities" to read: "`City' and `Cities,' individually and collectively respectively, means the City of Antioch, the City of Brentwood, the City of Oakley, and the City of Pittsburg, each an existing municipal corporation under the laws of the State of California." In Attachment 2, Section A .lst of Projects, subpart (Ili), add the City of Oakley to the Project sponsors for the State Route 4 Bypass. 4. REMAINING PROVISIONS Except for the changes made by this Amendment, all provisions of the Agreement shall remain in full farce and effect, 5. SIGNATURES "hese signatures attest the parties' agreement hereto: COUNTY OF'CONTRA COSTA j � air t ATTEST: P 11 Batchelor, Clerk sof the Bbefd of Supervisors and County A rrilnlstrator By DejVUty Clark FORM APPROVED: Victor J. VUestma , County Counsel B ?avid F. cWAat, deputy County Counsel CITY" OF ANTIOCH CITY OF BRENTWOOD Mayor � Mayer ATTEST: ATTEST: B� - By: ,lerk City'Clerk s FORM APPROVED: FORM APPROVED: �s By: By: William Galstan, City Attorney iti, City Attorney CITY OF OAKLEY CITY" OF PITTSBURG Mayer Mayor ATTEST: ATTEST: city.Cler ; « City Clerk FORM APPROVED: FORM APPROVED: f, € Elizabeth H. Silver City Attorney Michael Woods, City Attorney gATransEng11999\99ECCRFFAtemp\FlrstAMendtient.dac BYPASS AUTHORITY JOINT EXERCISE P POWERS AGENCY City of Antioch City of Brentwood 0sta City of Oakley RECEIVED LETTER OF TRANSMITTAL To: City of Pittsburg CLERK BOARDF Sj,1PF V€SC:jS City Managers Office TRA COSTA 55 Civic Avenin = 4 Pittsburg, CA 94555 Date: December 9, 1999 Regarding: Original Joint Exercise of Power Agreement Amendments WE ARE SENDING YOU THE FOLLOWING ITEMS: COPIES DESCRIPTION --- E7 OriginalFirst Amendment to the Eastern Contra Costa regional Fee and Financing Authority JEPA t REMARKS: We are requesting your office to arrange to have the amendments to the JEPA signed by the appropriate parties and returned to this once. If you have any questions, prase contact Lowell Tun€son at 313-2382 or myself at 313-2275. /Z41, Nancy C.Wein (925)313-2275 Board of Directors: Staff: Contra Costa County X65 Olacier Drive Joe Car�cfarrailBa Martinez, CA 9�#:�3 Donald Freitas Wade Gomes Brad Nix g:llransengtnw1SR4BPiSR4Ltr..ansmittal2.doc s t . s STATE ROUTE 4 BYPASS AUTHORITY City of Antioch City of Brentwood City of Oakley County of Contra Costa LETTER F TRANSMITTAL SMITTAL To: Joan Staley Clerk of the Board Date: January 11, 2000 Regarding: Original JEPA Amendments WE ARE SENDING YOU THE FOLLOWING ITEMS: COPIES DESCRIPTION 7 Original Seventh Amendments for the State Route 4 Bypass Authority Joint Exercise of Powers Agreement REMARK& I am sending you the above Amendments for signature. Thank you again so much for your earlier help. If you have any questions, please contact me at (925)3"13-2275 or Lowell Tunsibn at (925)313-2352. Nancy C. Wein (925)313-2275 Staff: Board of Directors Contra Caste County 255 Glacier Drive Joe Cards illy Martinez, CA 94553 Donald Freitas Wade Gomes Brad Nix g:ltranse,^g\nw\SR4BP\SR4LtrTrarsmitta#243.doc