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HomeMy WebLinkAboutMINUTES - 05192009 - C.14RECOMMENDATION(S): APPROVE the attached Memorandum of Understanding (MOU) with the City of San Ramon for the TRAFFIX School Bus Program. FISCAL IMPACT: None. The County's share will be provided with Measure C Return to Source Funds. This contribution will be reimbursed through Measure J: Safe Transportation for Children: School Bus Program funds. BACKGROUND: On September 23, 2008 the Board of Supervisors authorized the County Administrator to execute a Joint Exercise of Powers Agreement (JEPA) forming and joining TRAFFIX, the entity overseeing the implementation and management of the school transportation program (Attachment 2). This program was approved in 2004 as a component of the Measure J transportation related sales tax. With the execution of the JEPA, the City of San Ramon (City) agreed to act as the fiscal agent APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/19/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Gayle B. Uilkema, District II Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham, 335-1243 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: May 19, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.14 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:May 19, 2009 Contra Costa County Subject:Approval of the Memorandum of Understanding Regarding the Measure J School Transportation Program BACKGROUND: (CONT'D) for the TRAFFIX Program. The subject Memorandum of Understanding (MOU) would be entered into by the County and the City. The MOU (Attachment 1) is necessary to convey the County’s equal share contribution, twenty five percent (25%), for the costs of retaining a TRAFFIX program manager prior to the Measure J funds becoming available. The Measure J sales tax went into effect on April 1, 2009 and funds will not be available until October 1, 2009. The MOU establishes that the County contribution will be reimbursed by the City with Measure J revenues when they are available. County Counsel has reviewed and approved the MOU as to its form. ATTACHMENTS CCC-City-MOU TRAFFIX-JEPA-9-23-08 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAMON AND CONTRA COSTA COUNTY REGARDING THE COST SHARING OF ADVANCE PLANNING COSTS FOR DEVELOPMENT OF THE MEASURE J SCHOOL TRANSPORTATION PROGRAM This Memorandum of Understanding is entered into this day of 2009, by and between the City of San Ramon, a municipal corporation ("City"), and Contra Costa County, a political subdivision of the State of California ("County"). RECITALS A. In November 2004, Contra Costa County taxpayers approved Measure J, a transportation sales expenditure plan, extending the Countywide '/2 cent sales tax for 25 years. B. Measure J provides an estimated $40 millioil in funding for "the inauguration of a San Ramon Valley School Bus Program or other projects in the San Ramon Valley that reduce school related congestion, or improve the safety of children traveling to and from schools." C. City, County, the Town of Danville, and the San Ramon Valley Unified School District, (collectively, the "Partnering Entities") entered into a Joint Exercise of Powers Agreement that created a11 agency known as the Measure J Traffic Congestion Relief Agency DBA Traffix (the "Agency"), which is responsible for developing a school transportation prograin to alleviate traffic congestion within the San Ramon Valley. D. City is the TreasurerIAuditor for the Agency. E. The Agency has created an implementation schedule, and the first several tasks of the schedule reqlure a transportation consulting firm to implement work tasks associated with implementation of the school transportation program. F. The Agency has entered into an agreement with Aram Boyd Consulting Services (the "Boyd Agreement") to carry out school transportation program advance planning and program implementation activities. AGREEMENT 1. City will, at no cost to the Partnering Entities, perform the following: (a) Collect $12,500 each from the County, the Town of Danville, and the San Ramon Unified School District to be used toward the cost of the Boyd Agreement. (b) Pay $1 2,500 toward the cost of the Boyd Agreement (c) Seek reimbursement from the Agency fiom Measure J funds for the actual dollar Page 1 of 2 amount expended under the Boyd Agreement on behalf of all Partnering Entities that have contributed to the cost of the Boyd Agreement. (d) Disburse Measure J funds received from the Agency in equal amounts to all Partnering Entities that have contributed to the Boyd Agreement. (e) Provide staff and resources as deternlined necessary by City to support the collaborative developme~~t of the school transportation program. (f) After the completion of the term of the Boyd Agreement, if the funds expended under the Boyd Agreement are less than the payment limit of the Boyd Agreement, i.e. $50,000, City shall distribute any surplus funds contributed toward the Boyd Agreement to the Partnering Entities in proportion to their contributions. 2. County will: (a) Pay $12,500 toward the cost of the Boyd Agreement upon request from City, but in no event sooner than ten (10) days after the execution of this Agreement. (b) Provide staff and resources as determined necessary by the County to support the collaborative development of the school transportation pro gram. 3. Nothing contained in this Memorandum of Agreement is intended, nor shall it be construed, to create rights inuring to the benefit of third parties. 4. The sole remedy for violation of this Memorandum of Agreement shall he the specific performance of this Memorandum of Agreement. County and City shall have no liability for damages to one another or to any other person or entity resulting from any violation of this Agreement. 5. These signatures attest the parties' agreement hereto CITY OF SAN RAMON COUNTY OF CONTRA COSTA By: By: Mayor Chair, Board of Supervisors or Designee Approved as to Form: By: Byron Athall, City Attorney Approved as to Form: Silvano B. Marchesi, County Counsel By: Deputy Page 2 of 2 TO BOARD OF SUPERVISORS SEAL ContraFROMCATHERINEKUTSURISINTERIMDEPUTYDIRECTOR DEPARTMENT OF CONSERVATION AND DEVELOPM M1 s COSta a CountyCpUKDATESeptember232008Sr SUBJECT APPROVAL OF THE JOINT EXERCISE OF POWEFt3AGREEMENT TO IMPLEMENT THE SAN RAMON VALLEY SCHOOL BUS PROGRAM SPECIFIC REQUESTS OR RECOMMENDATIONS BACKGROUND AND JIISTIFICATION RECOMMENDATIONS a AUTHORIZE the County Administrator or his designee to execute in substantially the form presented the Joint Exercise of Powers Agreement for the Measure J Traffic Gongestion Relief Agency dba TRAFFIX Exhibit A forming the entity that will oversee implementation of the San Ramon Valley School Bus Program b APPOINT Mary N Piepho as the Board of Supervisors representative on the Board of Directors established in the Joint Exercise of Powers Agreement see Recommendation a and designate the District III Chief of Staff as her alternate FISCAL IMPACT None The funding for the school bus service addressed in the Joint Exercise of Powers Agreement JEPA is funded by a specific line item in Measure J the countywide sales tax for transportation Pursuant to a Memorandum of Understanding Exhibit G eligible County costs incurred for the planning of the service will be reimbursed by the Contra Costa Transportation Authority when Measure J goes into effect Staff costs incurred through participation on the Technical Advisory Committee TAC will continue to be covered by the Departmentsbudget BACKGROUNDREASONS FOR RECOMMENDATIONS The purpose of the San Ramon Valley School Bus Program is to reduce school related traffic congestion andor improve the safety of children traveling to and from school facilities This program is a component of Measure J which was passed key the voters in November 2004 going into effect on April 1 2009 The expenditure of the Measure J funds is overseen by the Board of the Contra Costa Transportation Authority CCTA of which Contra Costa County has two members currently District IV V An overview of the School Bus program is attached as Exhibit B CONTINUED ON ATTACHMENT X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR APPROVE OTHER SIGNATURES ACTION OF BOARD O VOTE OF SUPERVISORS UNANIMOUS ABSENT j AYES NOES ABSENT ABSTAIN Contact John Cunningham 9253351243 cc Department of Conservation and Development County Administrator County Counsel Public Works Department RECOMMENDATION OIF BOARD COMMITTEE AS RECOMMNDEDPR I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AIV ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISO ON THE DATE SHOWN r ATTESTED ID TWA CLERK OF THE BOARD OF SUPERVISORS D COUNTY ADMINISTRATOR BY EPUTY JOINT EXERCISE OF POWERS AGREEMENT TO IMPLEMENT THE SAN RAMON VALLEY SCHOOL BUiPROGRAM September 23 2008 Page 2 BACKGROUNDREASONS FOR RECOMMENDATIONS Continued The Measure J Sales Tax Expenditure Plan further defines the program winder which this service will be funded the Safe Transportation For Children School Bus Program described as follows Eligible projects include the continued operation of the Lamorinda School Bus Program 264 million and the inauguration of a San Ramon Valley School Bus Program or other projects in the San Ramon Valley that reduce school related congestion or improve the safety of children traveling to and from schhools 40 million These programs which provide congestion relief where capacity improvements are not feasible also collect user fees from parents as well as other grant funding to cover operational expenses In consultation with the affected jurisdictions the Authority may establish criteria forthe services including but not limited to farebox returnparental contribution On April 4 2006 the Board of Supervisors approved a resolution to have Contra Costa County become a Partnering Agency of the Measure J San Ramon Valiey School Bus Program Exhibit C Program development began subsequent to this and has been conducted in a series of phases 1 data collection 2 cost and operational analysis and 3 routing and operational service plan The program is currently in the third phase and service is expected to begin in the Fall of 2009 A schedule is attached as Exhibit D The program development process has been overseen by three multiagency advisory committees Policy Advisory Committee PAC Consists of two members each frorn the Danville Town Council San Raman City Council San Ramon Valley Unified School District Board and the Contra Costa County District III Supervisor Technical Advisory Committee TAC Consists of staff from Danville Sain Ramon San Ramon Valley Unified School District and Contra Costa County Citizens Advisory Committee CAC Consists of 11 members of the general and parent community in the San Ramon Valley Exhibit E contains a graphic depicting the current oversight structure District III staff has been participating on the PAC Staff from Department of Conservation and Development has been participating on the TAC The following schools were selected based on the ability of student busing to improve congestion in the surrounding community Pine Valley Middle School Los Cerros Middle School Tassajara Hills Elementary School Green Valley Elementary School Walt Disney Elementary School F Country Club Elementary School The Program Manager who will be appointed by the Board of Directors will have responsibility for day to day operations and management of the program and will report to the Board of Directors and the TAC Once the JEPA is in force and members are appointed the intent is for the Board of Directors to reform the TAC marking it a formal creature of that body The role of the TAC will be to provide input to 1the Board and direction to the Program Manager Exhibit F is a Town of Danville staff the designated project lead memo containing a graphic which depicts the draft governance structure and a staff report on the same JOINT EXERCISE OF POWERS AGREEMENT TO IMPLEMENT THE SAN RAMON VALLEY SCHOOL BU PROGRAM September 23 2008 Page 3 The congestion reduction goals of the Program will be quantified through a monitoring program which the TAC is still developing Conceptually the monitoring program will take into account one or more of the following 1 the number of students riding the bus 2 the number of vehicles expected to be removed from study intersections and 3 intersection level of service calculations Note that with the execution of this JEPA the subject program will no longer be referred to as the San Ramon Valley School Bus Program but rather the Measure J Traffic Congestion Relief Agency dba TRAFFIX The name was changed to eliminate the potential for confusion or association with any school district sponsored bus service County Counsel has reviewed and approved the JEPA as to its form List of Exhibits A Joint Exercise of Powers Agreement for The Measure J Traffic Congestion Relief Agency B Measure J School Bus Program Questions and Answers C March 14 2006 Board of Supervisors Resolution expressing conceptual support of the San Ramon Valley School Bus Program agreement that Danville be designated the lead agency and agreement to be a Partnering Agency of the San Ramon Valley School Bus Program Q Measure J Student Transportation Service Schedule E Current Oversight Structure Graphic F Measure J Student Transportation Service DRAFT Governance Structure G Memorandum of Understanding Cost Sharing