HomeMy WebLinkAboutMINUTES - 09092014 - C.54RECOMMENDATION(S):
APPROVE and AUTHORIZE the Conservation and Development Interim Director, or designee, to execute a
Cooperative Agreement with the Contra Costa Transportation Authority, and the Cities of Clayton, Concord
Martinez, Pleasant Hill and Walnut Creek, to enable disbursement of approximately $3,825,084 in Measure J (2004)
Subregional Transportation Needs Program funds to the County to fund transportation projects and programs.
FISCAL IMPACT:
There is no fiscal impact to the General Fund. 100% Measure J funds.
BACKGROUND:
In 2004, Contra Costa County voters approved Measure J to continue a half-cent sales tax to fund transportation
projects and programs throughout the County. One component of Measure J is the Subregional Transportation Needs
Program, or Program 28a, which is a funding source for the County subregions' transportation projects and programs.
Program 28a funds are distributed by the Contra Costa Transportation Authority (CCTA) to all the Regional
Transportation Planning Committees, including the Transportation Partnership and Cooperation (TRANSPAC)
Committee.
To streamline the process, a single multi-party cooperative agreement (Exhibit A) between CCTA and all six
TRANSPAC member jurisdictions, including Contra Costa County, was proposed to disburse Program 28a funds.
Under the cooperative agreement, CCTA will agree to:
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 09/09/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
Contact: John Cunningham, (925)
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: September 9, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: , Deputy
cc:
C. 54
To:Board of Supervisors
From:John Kopchik, Interim Director, Conservation & Development Department
Date:September 9, 2014
Contra
Costa
County
Subject:APPROVE and AUTHORIZE Execution of TRANSPAC-CCTA Program 28a Cooperative Agreement
BACKGROUND: (CONT'D)
• Disburse Program 28a funds for revenues collected through FY 13-14 as soon as the cooperative
agreement is fully executed
• Make annual disbursements thereafter in November through 2034
• Use the customary 50/50 population and road miles formula used by CCTA to distribute other Measure J
funds
The County allocation is estimated to be $3,825,084 over the life of Measure J, subject to revenue fluctuations.
The County will agree under the cooperative agreement to:
• Submit on September 1 of every year a form indicating how Program 28a funds were expended and how
much is remaining
• Commit to not use Program 28a funds for staff time unless it is directly related to a project funded by
Program 28a
• Agree to audit, retention of records, and other standard items normally included in Measure J cooperative
agreements
CCTA plans to discuss this cooperative agreement at its September 4 Administration and Projects Committee
meeting. In the staff report (Exhibit B), the recommendation is to authorize the execution of the agreement.
County Counsel reviewed the agreement, suggested revisions, and approved it as to form.
CONSEQUENCE OF NEGATIVE ACTION:
If the cooperative agreement is not approved and authorized, Program 28a funds will not be available as a funding
source for County transportation projects and programs.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
ATTACHMENTS
Exhibit A - Cooperative Agreement No. 28C.02
Exhibit B - CCTA Subregional Transportation Needs Program (Program 28a) Allocation Request Staff Report
COOPERATIVE AGREEMENT NO. 28C.02
This COOPERATIVE AGREEMENT (this “AGREEMENT”) is effective this ____day of
_______________, 2014 among CONTRA COSTA TRANSPORTATION AUTHORITY, a local
transportation authority (“AUTHORITY”), CONTRA COSTA COUNTY, a political subdivision of the
State of California (“CONTRA COSTA”), CITY OF CONCORD, a municipal corporation of the State
of California (“CONCORD”), the CITY OF CLAYTON, a municipal corporation of the State of
California (“CLAYTON”), the CITY OF MARTINEZ, a municipal corporation of the State of
California (“MARTINEZ”), the CITY OF PLEASANT HILL, a municipal corporation of the State of
California (“PLEASANT HILL”), and the CITY OF WALNUT CREEK, a municipal corporation of the
State of California (“WALNUT CREEK” and together with AUTHORITY, CONTRA COSTA,
CONCORD, CLAYTON, MARTINEZ, PLEASANT HILL and WALNUT CREEK, the “PARTIES” and each
separately, a “PARTY”).
RECITALS
THE PARTIES ENTER THIS AGREEMENT on the basis of the following facts, understandings and
intentions:
A. Pursuant to the Measure C Sales Tax Renewal Ordinance (#88-01) “hereinafter
MEASURE C”) as amended by (#04-02), hereinafter referred to as “MEASURE J” approved by the
voters of the Contra Costa County on November 2, 2004, CONTRA COSTA, CONCORD, CLAYTON,
MARTINEZ, PLEASANT HILL, AND WALNUT CREEK (each, a “PARTNER JURISDICTION” and
collectively, the “PARTNER JURISDICTIONS”), and AUTHORITY desire to enter into this
AGREEMENT to define a framework to enable the parties to utilize Program 28a funds in
MEASURE J.
B. PARTNER JURISDICTIONS shall propose programming Program 28a funds to any
project or program identified in the Measure J Expenditure Plan or eligible under the provisions
of the Local Transportation Authority and Improvement Act (“PROJECT”) and AUTHORITY shall
disburse collected funds under Program 28a as provided herein.
NOW, THEREFORE, in consideration of the mutual agreements set forth above and the
rights and obligations set forth in this AGREEMENT and other good and valuable consideration,
the receipt and sufficiency of which is acknowledged , AUTHORITY and each PARTNER
JURISDICTION hereby agree to the following:
SECTION 1
PARTNER JURISDICTIONS AGREE:
1. On September 1st of each year to submit a form indicating how Program 28a
funds were expended for the previous fiscal year and how much, if any , of the funds are
remaining.
2. Commit to not use Program 28a funds for staff time, unless it is directly related
to a project funded by Program 28a.
3. Each PARTNER JURISDICTION shall maintain true and complete records in
connection with the PROJECT, and shall retain all such records for at least thirty-six (36) months
after the delivery of the form to the AUTHORITY as provided in Section 1.
4. To allow the AUTHORITY to audit all expenditures relating to the PROJECT
funded through this AGREEMENT. For the duration of each fiscal year of the PROJECT, and for
four (4) years following each fiscal year of the PROJECT, or earlier discharge of the AGREEMENT,
PARTNER JURISDICTION will make available to the AUTHORITY all records relating to expenses
incurred in performance of this AGREEMENT.
SECTION 2
AUTHORITY AGREES:
1. To disburse Program 28a funds to PARTNER JURISDICTIONS in January 2015 for
revenues collected for Fiscal Year 2013-2014, and thereafter make annual allocations to
PARTNER JURISDICTIONS starting in November for the previous fiscal year, from November
2015 until November 2034 using a 50/50 population and road miles split formula, adjusted for
appropriation made to Pleasant Hill under Resolution 14-02-P, as provided in Exhibit A attached
hereto and incorporated herein by reference .
SECTION 3
IT IS MUTUALLY AGREED:
1. Term. The term of this AGREEMENT shall commence on ___________, 2014 and
shall remain in effect until terminated as provided in Section 9.
2. 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 th e
AGREEMENT.
3. Amendment. This AGREEMENT may not be changed, modified or rescinded
except in writing, signed by all partied hereto, and any attempt at oral modification of this
AGREEMENT shall be void and of no effect.
4. Assignment. This AGREEMENT may not be assigned, transferred, hypothecated,
or pledged by any PARTY without the express written consent of the other PARTIES.
5. Binding on Successors. This AGREEMENT shall be binding upon the successor(s),
assignee(s) or transferee(s) of the PARTIES. This provision shall not be construed as an
authorization to assign, transfer, hypothecate or pledge this AGREEMENT other than as
provided above.
6. Indemnification.
a. AUTHORITY hereby agrees to indemnify, defend, assume all liability for
and hold harmless each PARTNER JURISDICTION, its officers, employees, agents, and
representatives, to the maximum extent allowed by law, from all actions, claims, suits,
penalties, obligations, liabilities, damages to property, costs and expenses (including, without
limitation, any fines, penalties, judgments, actual litigation expenses and experts’ and actual
attorneys’ fees), environmental claims or bodily and/or personal injuries or death to any
persons (collectively, “CLAIMS”) arising out of or in any way connected to AUTHORITY its
officers, agents, or employees in connection with or arising from any of its activities pursuant to
this AGREEMENT. This indemnification shall survive the termination of the AGREEMENT and
shall apply except as to the sole negligence or willful misconduct of a PARTNER JURISDICTION.
b. Each PARTNER JURISDICTION hereby agrees to indemnify, defend,
assume all liability for and hold harmless AUTHORITY and its member agencies, officers,
employees, agents and representatives, to the maximum extent allowed by law, from all
CLAIMS arising out of or in any way connected to the PARTNER JURISDICTION, its officers,
agents or employees in connection with or arising from any of its activities pursuant to this
AGREEMENT. This indemnification shall survive the termination of the AGREEMENT and shall
apply, except as to the sole negligence or willful misconduct of AUTHORITY.
7. Compliance with Laws. AUTHORITY and each of the PARTNER JURISDICTIONS
shall comply with all applicable federal and state laws and regulations regarding the work
performed and the reimbursements requested .
8. Notices. All required or permitted payments, reports, demands and notices may
be sent by regular mail or electronic mail. Notices that are mailed by regular mail shall be
deemed delivered two (2) business days after deposited in the mail. Notices may be personally
delivered and shall be deemed delivered at the time delivered to the appropri ate address set
forth below. Notices delivered by electronic mail shall be deemed received upon the sender’s
receipt of an acknowledgment from the intended recipient (such as by the “return receipt
requested” function, as available, return electronic mail or other written acknowledgment of
receipt); provided that, if such notice is not sent during normal business hours of the recipient,
such notice shall be deemed to have been sent at the opening of business on the next business
day of the recipient. Unless and until notified otherwise in writing, a PARTY shall send or
deliver all such communications relating to this Agreement to the following address:
Hisham Noeimi
Contra Costa Transportation Authority
2999 Oak Road, Suite 100
Walnut Creek, CA 94597
hnoeimi@ccta.net
John Cunningham
Contra Costa County
30 Muir Road
Martinez, CA 94553
john.cunningham@dcd.cccounty.us
Charlie Mullen
City of Clayton
6000 Heritage Trail
Clayton, CA 94517
cmullen@ci.clayton.ca.us
Ray Kuzbari
City of Concord
1950 Parkside Drive
Concord, CA 94519
ray.kuzbari@cityofconcord.org
Tim Tucker
City of Martinez
525 Henrietta Street
Martinez, CA 94553
ttucker@cityofmartinez.org
Eric Hu
City of Pleasant Hill
100 Gregory Lane
Pleasant Hill, CA 94523
EHu@ci.pleasant-hill.ca.us
Jeremy Lochirco
City of Walnut Creek
1666 North Main Street
Walnut Creek, CA, 94596
lochirco@walnut-creek.org
9. Termination of Agreement. A PARTY may terminate this Agreement at any time
by giving written notice of termination to each of the other PARTIES which shall specify the
effective date thereof; provided that any notice of termination shall be given at least thirty
(30) days before its effective date.
10. Entire Agreement. This Agreement is the entire agreement among AUTHORITY
and the PARTNER JURISDICTIONS relating to the subject matter of this Agreement. All PARTIES
acknowledge they have not relied upon any promise, representation or warranty not expressly
set forth in this Agreement in executing this Agreement. If any provision of this Agreement is
void or otherwise unenforceable, the remainder of the Agreement sha ll continue in full force
and effect. Any changes to the terms and provisions of this Agreement or affecting the
obligations of the PARTIES set forth in this Agreement shall be by written amendment signed by
all PARTIES.
11. Severability. Should any part of this Agreement be declared unconstitutional,
invalid, or beyond the authority of a 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, be
reasonably interpreted to give effect to the intentions of the PARTIES.
12. Waiver. No waiver by a PARTY of any default or breach of any covenant by the
other PARTIES shall be implied from any omission to take action on account of such default if
such default persists or is repeated and no express waiver shall affect any default other than
the default specified in such waiver and then such waiver shall be operative only for the time
and to the extent stated in such waiver. Waivers of any covenant, term or condition contained
herein shall not be construed as a waiver of any subsequent breach of the same covenant, term
or condition. No waiver of any provision under this Agreement shall be effective unless in
writing and signed by the waiving PARTY.
13. Controlling Law and Venue. This Agreement and all matters relating to it shall be
governed by the laws of the State of California and venue shall be in Contra Costa County.
14. Authority. All PARTIES executing this Agreement represent and warrant that
they are authorized to do so.
15. Counterparts. This AGREEMENT may be executed in counterparts.
16. Limitations. All obligations of AUTHORITY under the terms of this AGREEMENT
are expressly subject to the AUTHORITY’S continued authorization to collect and expend the
sales tax proceeds provided by MEASURE C and MEASURE J. If for any reason the AUTHORITY’S
right to collect or expend such sales tax proceeds is terminated or suspended in whole or part,
the AUTHORITY shall promptly notify PARTNER JURISDICTIONS, and the PARTIES shall consult
on a course of action. If, after twenty five (25) working days, a course of action is not agreed
upon by the parties, this AGREEMENT shall be deemed terminated by mutual or joint consent;
provided, that any obligation to fund from the date of the notice shall be expressly limited by
and subject to (i) the lawful ability of the AUTHORITY to expend sales tax proceeds for the
purposes of this AGREEMENT; and (ii) the availability, taking into consideration all the
obligations of the AUTHORITY under all outstanding contracts, agreement to other obligations
of the AUTHORITY, of funds for such purposes.
[Signatures on the following pages]
CONTRA COSTA TRANSPORTATION AUTHORITY
__________________________________________
By: Ken Romick, Chair
Date ________________, 2014
APPROVED AS TO FORM:
_________________________
By: Malathy Subramanian, General Counsel
Date_________________, 2014
CONTRA COSTA COUNTY
__________________________________________
By:
Date ______________, 2014
APPROVED AS TO FORM:
Sharon Anderson, County Counsel
_________________________
By: Deputy County Counsel
Date_______________, 2014
CITY OF CLAYTON
__________________________________________
By: (Name, Title)
Date ________________, 2014
APPROVED AS TO FORM:
_________________________
By: Best Best & Krieger, City Attorney
Date_________________, 2014
CITY OF CONCORD
__________________________________________
By: (Name, Title)
Date ________________, 2014
APPROVED AS TO FORM:
_________________________
By: Mark Coon, City Attorney
Date_________________, 2014
CITY OF MARTINEZ
__________________________________________
By: (Name, Title)
Date ________________, 2014
APPROVED AS TO FORM:
_________________________
By: Walter & Pistole, City Attorney
Date_________________, 2014
CITY OF PLEASANT HILL
__________________________________________
By: (Name, Title)
Date ________________, 2014
APPROVED AS TO FORM:
_________________________
By: Janet Coleson, City Attorney
Date_________________, 2014
CITY OF WALNUT CREEK
__________________________________________
By: (Name, Title)
Date ________________, 2014
APPROVED AS TO FORM:
_________________________
By: Steve Mattas, City Attorney
Date_________________, 2014
Exhibit A*
*Future disbursements are subject to change as Measure J revenue forecast is updated. Disbursements will
be based on actual receipts
**City of Pleasant was appropriated $750,000 on January 15, 2014 for the Contra Costa Blvd Improvements
project (Project 24026) under Resolution 14-02-P (Cooperative Agreement 28C.01) which will be provided
under reimbursement basis.
Population Road Miles Average Jan-15 Nov-15 Nov-16 Nov-17 Nov-18 Nov-19 Nov-20 Nov-21 Nov-22 to
Nov-34 TOTAL
Clayton 3.47%4.26%3.87%$94,112 $28,195 $30,327 $31,501 $32,676 $33,938 $32,285 $32,466 $533,177 $848,677
Concord 38.75%34.34%36.55%$889,866 $266,590 $286,748 $297,856 $308,964 $320,895 $305,270 $306,978 $5,041,383 $8,024,551
County 15.24%19.60%17.42%$424,175 $127,076 $136,685 $141,980 $147,275 $152,962 $145,514 $146,328 $2,403,089 $3,825,084
Martinez 11.45%11.18%11.32%$275,519 $82,541 $88,783 $92,222 $95,661 $99,355 $94,517 $95,046 $1,560,904 $2,484,548
Pleasant Hill 10.53%11.81%11.17%$750,000 $0 $0 $0 $0 $0 67,979 $93,828 $1,540,902 $2,452,709
Walnut Creek 20.56%18.81%19.69%$479,327 $143,599 $154,457 $160,441 $166,424 $172,850 $164,434 $165,354 $2,715,546 $4,322,432
TOTAL 100.00%100.00%100.00%$2,913,000 $648,000 $697,000 $724,000 $751,000 $780,000 $810,000 $840,000 $13,795,000 $21,958,000
Jurisdiction
Projected Disbursements of FundsDistribution of Funds by Population & Road
Miles
PROGRAMMING OF MEASURE J PROGRAM 28(a) FUNDS TO LOCAL JURISDICTIONS
Administration and Projects Committee STAFF REPORT
Meeting Date: September 4, 2014
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Subject Subregional Transportation Needs Program (Program 28a) Allocation
Request – Central County
Summary of Issues At its June 12, 2014 meeting, the Transportation Partnership and
Cooperation Committee (TRANSPAC) recommended allocation of its
share of the Sub-regional Transportation Needs Program (Program 28a)
between its six jurisdictions based on “50/50” population and road
miles split formula.
Measure J Expenditure Plan allocates 0.81% of Measure J annual sales
revenues to Program 28a. The program is described in Measure J
Expenditure Plan as follows: “TRANSPAC will propose programming
these funds to any project or program identified in the Expenditure Plan
or meet other future transportation needs of Central County eligible
under the provision of the Act.”
Recommendations Staff seeks authorization for the Chair to execute Cooperative
Agreement No. 28C.02 with TRANSPAC jurisdictions, and for the
Executive Director to make non-substantive changes, if needed.
Financial Implications Based on the revenue projection adopted, part of the 2013 Measure J
Strategic Plan – approximately $21.9 million – would be allocated to this
program over the life of Measure J, of which $2.3 million has been
accumulated through June 30, 2013.
Options The Authority could propose changes to the cooperative agreement
Attachments A. Letter from TRANSPAC dated June 12, 2014
B. Cooperative Agreement 28C.02
Changes from
Committee
Administration and Projects Committee STAFF REPORT
September 4, 2014
Page 2 of 3
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Background
At its June 12, 2014 meeting, TRANSPAC recommended allocation of its share of the
Subregional Transportation Needs Program (Program 28a) between its six jurisdictions based on
“50/50” population and road miles split formula.
Measure J Expenditure Plan allocates 0.81% of Measure J annual sales revenues to Program
28c. The program is described in Measure J Expenditure Plan as follows: “TRANSPAC will
propose programming these funds to any project or program identified in the Expenditure Plan
or meet other future transportation needs of Central County eligible under the provision of the
Act.”
At this time, there has been a single Program 28a appropriation in the amount of $750,000
made by the Authority to the City of Pleasant Hill for the Contra Costa Blvd Improvements
project (Project 24026). The appropriation was made under Resolution 14-02-P, Cooperative
Agreement 28C.01.
To streamline the process, a single multi-party cooperative agreement between the Authority
and all six TRANSPAC jurisdictions is proposed to disburse Program 28a funds. Under the
proposed cooperative agreement, the Authority will agree to:
Disburse Program 28a funds for revenues collected through June 30, 2014 by January
2015;
Make annual allocations thereafter on November 1 (FY2015 – FY2034);
Use the 50/50 population and road miles formula while taking into consideration
approved appropriation made under Resolution 14-02-P to the City of Pleasant Hill.
On the other hand, TRANSPAC jurisdictions will agree under the cooperative agreement to:
Submit on September 1 of every year a form indicating how Program 28a funds were
expended and how much is remaining;
Commit to not use Program 28a funds for staff time unless it is directly related to a
project funded by Program 28a;
Agree to audit, retention of records, and other standard items normally included in
Measure J cooperative agreements.
Administration and Projects Committee STAFF REPORT
September 4, 2014
Page 3 of 3
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Based on the revenue projection adopted, part of the 2013 Measure J Strategic Plan –
approximately $21.9 million – would be allocated to this program over the life of Measure J, of
which $2.3 million has been accumulated through June 30, 2013.
The following table shows the estimated disbursement amounts by jurisdiction, as adjusted for
the appropriation made under Resolution 14-02-P to the City of Pleasant Hill. Future
disbursements are subject to change as Measure J revenue forecast is updated. Disbursements
will be based on actual receipts.
Population Road Miles Average Jan-15 Nov-15 Nov-16 Nov-17 Nov-18 Nov-19 Nov-20 Nov-21 Nov-22 to
Nov-34 TOTAL
Clayton 3.47%4.26%3.87%$94,112 $28,195 $30,327 $31,501 $32,676 $33,938 $32,285 $32,466 $533,177 $848,677
Concord 38.75%34.34%36.55%$889,866 $266,590 $286,748 $297,856 $308,964 $320,895 $305,270 $306,978 $5,041,383 $8,024,551
County 15.24%19.60%17.42%$424,175 $127,076 $136,685 $141,980 $147,275 $152,962 $145,514 $146,328 $2,403,089 $3,825,084
Martinez 11.45%11.18%11.32%$275,519 $82,541 $88,783 $92,222 $95,661 $99,355 $94,517 $95,046 $1,560,904 $2,484,548
Pleasant Hill 10.53%11.81%11.17%$750,000 $0 $0 $0 $0 $0 67,979 $93,828 $1,540,902 $2,452,709
Walnut Creek 20.56%18.81%19.69%$479,327 $143,599 $154,457 $160,441 $166,424 $172,850 $164,434 $165,354 $2,715,546 $4,322,432
TOTAL 100.00%100.00%100.00%$2,913,000 $648,000 $697,000 $724,000 $751,000 $780,000 $810,000 $840,000 $13,795,000 $21,958,000
Jurisdiction
Projected Disbursements of FundsDistribution of Funds by Population & Road
Miles
PROGRAMMING OF MEASURE J PROGRAM 28(a) FUNDS TO LOCAL JURISDICTIONS