HomeMy WebLinkAboutMINUTES - 08212012 - C.25RECOMMENDATION(S):
APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute, in substantially the form presented,
the "Third Amendment to Joint Exercise of Powers Agreement for East Contra Costa Regional Fee and Financing
Authority ". (Exhibit A)
FISCAL IMPACT:
None.
BACKGROUND:
The Measure C transportation sales tax, approved by Contra Costa voters in 1988, required local jurisdictions to
cooperate in mitigating the cumulative impacts of new development on the regional transportation system. This
requirement was continued when voters reauthorized the transportation sales tax by approving Measure J in 2004.
The East Contra Costa Regional Fee and Financing Authority (ECCRFFA) is a joint exercise of powers agency
(JEPA) established in 1994 by the Cities of Antioch, Brentwood, and Pittsburg and the County to help accomplish
this purpose in eastern Contra Costa County. Upon its incorporation in 1999, the City of Oakley was added as a
member to ECCRFFA. Through ECCRFFA, the local jurisdictions have established a uniform regional development
fee, identified regional transportation projects to be funded by that fee, established priorities for project funding, and
adopted a schedule for constructing these projects.
The ECCRFFA fee program is defined as the regional transportation mitigation program for eastern Contra Costa
County by the TRANSPLAN Committee, the Regional Transportation Planning Committee for local jurisdictions in
the area. TRANSPLAN included the ECCRFFA fee program in its
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 08/21/2012 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: John Cunningham,
674-7833
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: August 21, 2012
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 25
To:Board of Supervisors
From:Steven L. Goetz, Deputy Director-Conservation, Transportation/Redevelopment
Date:August 21, 2012
Contra
Costa
County
Subject:Third Amendment to Joint Exercise of Powers Agreement for East Contra Costa Regional Fee and Financing
Authority
BACKGROUND: (CONT'D)
East County Action Plan and required all jurisdictions in the area to participate in ECCRFFA. Consistency with
the East County Action Plan is a requirement of Measure J.
Effective September 7, 2010, the City of Pittsburg (Pittsburg) withdrew from ECCRFFA. Pittsburg now wishes to
rejoin ECCRFFA subject to certain conditions, which are set forth in the attached Third Amendment to Joint
Exercise of Powers Agreement for East Contra Costa Regional Fee and Financing Authority (Exhibit A).
Below is a description of the changes the JEPA Amendment would make to the existing ECCRFFA JEPA:
Extend the JEPA termination date to 12/31/2030. (Present language provides that the JEPA continues in
force until terminated by a supplemental agreement of the parties)
1.
Prohibit a member from withdrawing prior to the 12/31/2030 termination date. (Present language
allows a party to withdraw from ECCRFFA upon 60 days' written notice)
2.
Re-admit the City to ECCRFFA. (Although Pittsburg is still mentioned as a member in 7/11/2005 Second
Amendment to the JEPA, Pittsburg ceased to be a member upon its withdrawal on 9/7/2010)
3.
Set the following priorities for ECCRFFA projects (Present language only mentions State Route 4 (SR4)
Bypass as a funding priority):
First priority: Initial Projects, consisting of SR4 East, eBART, and SR4 Bypass, including
SR4/SR160 Connector Ramps, Sand Creek Road Interchange, Balfour Road Interchange, and
4-Laning between Lone Tree Way and Balfour Road, and $13.0 million in existing ECCRFFA
commitments.
1.
Second priority: James Donlon Extension project.2.
4.
Allow members to appoint alternates to the Authority Board. (Present language allows each member to
appoint one member to the ECCRFFA Board and is silent about the appointment of alternates)
5.
County staff recommends that the Board approve the JEPA Amendment for the County and authorize the Board
Chair to sign it substantially in the form attached, subject to any non-substantive changes. The JEPA Amendment
would take effect only if approved by Pittsburg and the other ECCRFFA members (Cities of Antioch, Brentwood,
and Oakley). Such approval is scheduled to occur later in August and September 2012.
Attachments:
Exhibit A: 3rd Amendment to the ECCRFFA JEPA
CONSEQUENCE OF NEGATIVE ACTION:
If the Board of Supervisors does not approve the JEPA Amendment, Pittsburg will not be able to rejoin
ECCRFFA and regional transportation planning and development mitigation will be adversely affected.
CHILDREN'S IMPACT STATEMENT:
none.
CLERK'S ADDENDUM
RELISTED to a future date uncertain.
ATTACHMENTS
Exhibit A: 3rd Amendment: ECCRFFA JEPA
Page 1 of 4 (7/23/12 Final)
THIRD AMENDMENT TO JOINT EXERCISE
OF POWERS AGREEMENT FOR EAST
CONTRA COSTA REGIONAL FEE AND
FINANCING AUTHORITY
1. EFFECTIVE DATE AND PARTIES
Effective September , 2012, the CITY OF ANTIOCH, a municipal corporation
duly organized and existing under the laws 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 OAKLEY, a municipal
corporation duly organized and existing under the laws of the State of California
(“Oakley”), the CITY OF PITTSBURG, a municipal corporation duly organized and
existing under the laws of the State of California (“Pittsburg”), and the COUNTY OF
CONTRA COSTA, a political subdivision of the State of California (the “County”),
mutually agree as follows:
2. PURPOSE
Effective August 9, 1994, Antioch, Brentwood, Pittsburg, and the County formed the
East Contra Costa Fee and Financing Authority (ECCRFFA), a separate joint powers
agency, by entering into a written agreement entitled “EAST CONTRA COSTA
REGIONAL FEE AND FINANCING AUTHORITY JOINT EXERCISE OF POWERS
AGREEMENT” (referred to as the “Agreement”). ECCRFFA was formed to assist in
establishing and administering a uniform regional development fee program and in
funding and implementing regional road improvement projects in the East County area.
The Agreement has previously been amended as follows: First Amendment dated
October 4, 1999 (added Oakley as additional party) and Second Amendment dated July
11, 2005 (coordinated activites of ECCRFFA and ECTIA and revised ECCRFFA
regional development fees). In addition, effective September 7, 2010, the City of
Pittsburg withdrew as a party to the Authority. The remaining parties (Antioch,
Brentwood, Oakley, and the County) now wish to further amend the Agreement by re-
admitting Pittsburg as a member of the Authority and by revising the provisions for
withdrawal from the Authority and for the appointment of representatives to the
Authority’s Board.
3. AMENDMENTS TO AGREEMENT
A. In the first paragraph of the Agreement, add the CITY OF PITTSBURG, a municipal
corporation duly organized and existing under the laws of the State of California, to the
parties listed in that paragraph.
B. In the Agreement, Section 1, DEFINITIONS, change the definition of “City” and “Cities”
to read:
Page 2 of 4 (7/23/12 Final)
“’City’ and ‘Cities,’ individually and collectively, mean 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.”
C. Section 3.A is revised in its entirety to read:
“This Agreement shall become effective as of the date hereof and shall expire on
December 31, 2030.”
D. Section 3.B is revised in its entirety to read:
“Prior to the expiration date, no party to this Agreement may withdraw from the
Authority without mutual written consent from all parties to this Agreement. Absent
mutual consent, any purported withdrawal shall be void, and the party in question shall
remain responsible for performing all obligations under this Agreement, including
without limitation its obligation to levy, collect, and forward Regional Transportation-
Development Mitigation Fees to the Authority in the amount approved by the Authority
(except as provided otherwise in Section 1I of the Stipulation Re: Settlement Agreement
dated September , 2012) and its obligation to pay its proportional share of the cost of
completing all existing and future projects approved by the Authority. Nothwithstanding
the expiration or termination of this Agreement, the provisions of Section B (last
paragraph only) and Section D of Attachment 2 shall remain in full force and effect.
“Upon termination of this Agreement, all Authority assets will be transferred to the local
jurisdiction in which they are located.”
E. The first paragraph of Section 4.B is revised in its entirety to read:
“Governing Board. The Authority shall be administered by the Board, which shall be
composed of elected board or council members from the Cities and the County. Each
party shall have one representative appointed by the governing body of the party that
such member represents. Alternate directors may be designated and appointed by each
party from the membership of its respective governing body. An alternate shall be
authorized to act only in the absence of his or her corresponding Board member. Board
members and alternates shall serve at the pleasure of their respective governing bodies. In
any event, the term of office of each Board member or alternate shall terminate when
such member or alternate ceases to be an elected official of the governing body of the
appointing party.”
F. New Section E is added to Attachment 2 to read:
“Project and Funding Priorities. The following priorities shall hereafter apply
to the Authority’s Projects and funding commitments:
(i) The first priority shall be: the Initial Projects, consisting of SR 4 East, eBART,
and the SR4 Bypass, including the SR4/SR160 Connector Ramps, the Sand Creek Road
Interchange, the Balfour Road Interchange, and 4-Laning between Lone Tree Way and
Page 3 of 4 (7/23/12 Final)
Balfour Road; and $13.0 million in existing Authority commitments, consisting of $3.0
million owed to the County for a Proposition 3B loan, $2.9 million owed to Brentwood
for the John Muir Parkway, $3.0 million owed to Alameda County for Vasco Road, and
$4.1 million in relinquishment costs owed to Brentwood, the County, and Oakley.
(ii) The second priority shall be the James Donlon Extension Project.
(iii) The maximum Authority funding for the first priority and the second priority
shall be the amounts set forth in Sections 1B2 and 2B of the Stipulation Re: Settlement
Agreement dated September , 2012.
(iv) Subsequent priorities shall be determined by the Authority’s Board.
4. REMAINING PROVISIONS
Subject to the changes made by this and previous Amendments, all provisions of the
Agreement shall remain in full force and effect.
5. COUNTERPARTS
This Amendment may be executed in one or more counterparts, each of which shall be
deemed to be an original instrument.
6. SIGNATURES
These signatures attest the parties’ agreement to this Amendment:
CITY OF ANTIOCH
By:
James D. Davis, Mayor
CITY OF BRENTWOOD
By:
Robert Taylor, Mayor
ATTEST: Denise Skaggs, City Clerk
By:
FORM APPROVED:
Lynn Tracy Nerland, City Attorney
By:
ATTEST: Margaret Wimberly, City Clerk
By:
FORM APPROVED:
Damien Brower, City Attorney
By:
Page 4 of 4 (7/23/12 Final)
CITY OF OAKLEY
By:
Kevin Romick, Mayor
CITY OF PITTSBURG
By:
Ben Johnson, Mayor
ATTEST: Libby Vreonis, City Clerk
By:
ATTEST: Alice E. Evenson, City Clerk
By:
FORM APPROVED:
Derek P. Cole, City Attorney
By:
FORM APPROVED:
Meyers, Nave, Riback, Silver & Wilson,
City Attorney
By:
Ruthann G. Ziegler
COUNTY OF CONTRA COSTA
By:
Chair, Board of Supervisors
ATTEST: David Twa, Clerk of the Board
of Supervisors and County Administrator
By:
Deputy
FORM APPROVED:
Sharon L. Anderson, County Counsel
By:
David F. Schmidt,
Deputy County Counsel