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HomeMy WebLinkAboutMINUTES - 12081992 - TC.4 C. TO: BOARD OF SUPERVISORS Contra _S Costa FROM: HARVEY E. BRAGDONy DIRECTOR OF COMMUNITY DEVELOPMENT P County DATE: December 3 , 1992 SUBJECT: REQUEST COUNTY COUNSEL PROVIDE LEGAL REVIEW/COMMENT ON DRAFT JOINT EXERCISE OF POWERS AGREEMENT FOR THE GREATER EAST BAY RAIL OPPORTUNITIES COALITION SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1) Forward to the County Counsel for legal review and comment a Draft Joint Exercise of Powers Agreement for the Greater East Bay Rail Opportunities Coalition (GEBROC) . County Counsel's legal review should be completed by the January 8, 1992 deadline. 2) Request the GEBROC agencies to consider including in the Draft Joint Exercise of Powers Agreement a provision for participating agencies to reimburse the Community Development Department for expenses incurred in connection with providing administrative services to the Board of Directors proposed under the agreement. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Over the past several months, Contra Costa County has joined with Alameda and Solano counties and their respective Congestion Management Agencies (CMA's) to form a coalition,' referred to as the Greater East Bay Rail Opportunities Coalition, to develop a regional rail transit plan for the three East Bay counties. CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : R roder Tom Torlakson ACTION OF BOARD ON 42-APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TL TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF ' SUPERVISORS ON THE DATE SHOWN. Orig: P. Roche, Comm. Dev. Dept. (646-2131) ATTESTED �- cc: Contra Costa County Counsel GEBROC fir. CDD PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY continued - JEPA Board Order The Greater East Bay Rail Opportunities Coalition (GEBROC) met on November 20, 1992 to review a draft Joint Exercise of Powers Agreement (JEPA) . The attached draft JEPA was prepared in response to a request from several Coalition members to formalize the roles and responsibilities of the participant member jurisdictions on GEBROC. The agreement establishes a thirteen member Board of Directors, initially comprised of Alameda, Contra Costa, and Solano counties and their respective CMAs, responsible for identifying, evaluating, and prioritizing rail transit opportunities in the three East Bay counties and developing a rail development program for the region. The draft JEPA, which also defines the Board of Directors representation and voting, would terminate on June 30, 1995. The draft JEPA has been prepared with extensive input from County staff and other members of the GEBROC TAC. At the November 20th meeting GEBROC decided to forward a draft JEPA to each member's respective governing boards with a request that it be reviewed and commented upon by Legal Counsel by early January, 1993 . Following input from legal counsel, it was agreed that a final draft JEPA would then be prepared for approval by GEBROC at a meeting tentatively scheduled for January 28, 1993 . The final draft JEPA proposal would then be re-circulated to the respective governing bodies for adoption and execution during February 1993. The Transportation Committee recommends that the Board of Supervisors forward the attached draft JEPA to County Counsel for review and comment. The legal review by County Counsel should be completed by the January 8, 1993 deadline established by GEBROC. It should be noted that the Contra Costa County Community Development Department would assume certain administrative functions for the GEBROC Board of Directors under the current draft JEPA. The Transportation Committee believes that the JEPA should include provisions for reimbursement to the Community Development Department for their staff time and other incidental costs expended in connection with providing administrative services to the GEBROC Board of Directors. Draft - November 23, 1992 draft JOINT EXERCISE OF POWERS AGREEMENT CREATING "GREATER EAST BAY RAIL OPPORTUNITIES COALITION" RECITALS WHEREAS, the Contra Costa Rail Opportunity Study, consigned by Contra Costa County, identified two opportunities for development of rail transit facilities in Contra Costa - along the I-680 and I-80 corridors. Both corridors link developing residential areas in Solano County with job centers in Alameda and Contra Costa counties, and; WHEREAS, Alameda and Contra Costa Counties cooperated in a Rail Consolidation Study with the Port of Oakland that found sufficient reserve rail capacity (on the SP facility) along the I-80 corridor for both goods and people movement, and; WHEREAS, reconstruction of the Cypress project (on a new alignment) requires reconstruction of the mainline tracks and rail yards in West Oakland. The newly aligned mainline will significantly improve the capacity of the system to handle passenger rail traffic, and; WHEREAS, new inter-regional rail service, as a result of ACR 132, has been instituted between San Jose and Sacramento, and; WHEREAS, Alameda, Contra Costa and Solano counties are well served by an extensive network of railroad lines, which have contributed significantly to the economic growth and stability to the East Bay region, and; WHEREAS, both Contra Costa and Alameda counties own abandoned rail rights of way that could be utilized for transit purposes, and; WHEREAS, preservation of a regional rail network for purposes of both freight and passenger movement should be a high priority for the three Congestion Management Agencies, three Counties, and the Metropolitan Transportation Commission, and; WHEREAS, MTC Resolution 1876, the New Rail Starts Program, is project specific (BART, MUNI, CALTRAIN, and Santa Clara projects) and the next logical step is the development of a comprehensive plan to guide the planning and programming of rail facilities in the Bay Area beyond Resolution 1876, and; WHEREAS, Solano County was approached by BART and asked to participate in BART's West Contra Costa extension study. Solano County declined due to unresolved issues related to which corridor (80, 680 or both) and which technology should be considered, and; WHEREAS, San Joaquin County has initiated a study of opportunities for development of rail through the Altamont Pass area to connect the rapidly developing residential areas along the I-5 corridor in San Joaquin County with the job centers in the Tri-Valley (and to BART), and; WHEREAS, Caltrans is proposing to construct a second Benicia-Martinez bridge crossing as well as a replacement for the existing Carquinez bridge. Provisions for future rail transit crossings should be incorporated into the design to avoid the need to construct separate (and very expensive) transit crossings in the future, and; WHEREAS, the "Intermodal Surface Transportation Efficiency Act of 1991" establishes new programs and provides increased flexibility for the development of new or expanded mass transportation facilities, as well as opportunities for development of new rail facilities in the East Bay, and; WHEREAS, many areas of the State and Nation have positioned themselves for new rail transit projects through development of multi-agency cooperative ventures, and; WHEREAS, new Air Quality Regulations (Federal and State) require improvements in air quality. New or expanded mass transit facilities will help in the attainment of these goals, and; WHEREAS, energy conservation is an important consideration in planning. Mass transit is a logical approach to dealing with the issue in the transportation arena, and; WHEREAS, long range Countywide Transportation Plans and Congestion Management Plans are under preparation in Alameda, Contra Costa and Solano counties and coordinated mass transit components are needed, and; WHEREAS, preparation of comprehensive transportation plans, including Action Plans, are underway by the Tri-Valley Transportation Council and Regional Transportation Planning Committees to the Contra Costa Transportation Authority, which should be integrated with a regional rail plan, and; WHEREAS, the Caltrans Rail Task Force (San Joaquin Line) is looking for ways of improving rail access to the Bay Area (through the Altamont area and/or through Martinez). WHEREAS, without long range plans in place, costs for development of mass transit facilities in the future could escalate beyond reasonable levels, and; 2 WHEREAS, the protection of rail corridors, especially in developing areas, is critical, and; WHEREAS, the Metropolitan Transportation Commission's Regional Transportation Plan sets forth a concept wherein the Carquinez Bridge, the Benicia Martinez Bridge, the I-80/I-580 interchange, the Bay Bridge distribution structure and the Altamont Pass are defined as gateways where added capacity needed to serve increased demand through the gateways is to be provided by HOV/transit lanes or transit service and facilities. WHEREAS, continued economic vitality of the East Bay is contingent upon the availability of adequate transportation facilities. WHEREAS, planning for rail projects in the Bay Area requires coordination among multiple Counties; NOW THEREFORE BE IT RESOLVED, in consideration of the above recitals, the parties hereto agree execute a joint exercise of powers agreement as follows: I. Authority. This joint exercise of powers agreement is entered into in accordance with and subject to the provisions of California Government Code Section II. Parties and Date. This Agreement is entered into this (date) by and between Alameda County, Contra Costa County, Solano County, Alameda County Congestion Management Agency, Contra Costa County Congestion Management Agency, and Solano County Congestion Management Agency, public agencies of the State of California as individual public entities which mutually promise and agree as set forth. III. Method. The Agencies, individually and in common, have the power to study, discuss, plan, recommend and implement policies and programs pertaining to transportation. The Agencies propose jointly to exercise some or all of the foregoing powers through the Authority. IV. Creation of Authority. There is hereby created pursuant to Section et seq. of the California Government Code, a public entity to carry out the purposes hereof, which Authority shall be known as the Greater East Bay Rail Opportunities Coalition. The Authority shall be a public entity separate and distinct from the Agencies. The Authority shall come into being on the effective date of this Agreement and shall be dissolved only upon termination of this Agreement as herein provided. 3 V. Definitions. Unless the context otherwise requires, the following terms used in this Agreement shall have the meanings respectively ascribed thereto: (a) "Agreement" means this joint exercise of powers. (b) "Alternate Director" means the director representing the Party in the absence of a Director as described in Section VII (c). (c) "Authority" means the agency created by this Joint Exercise of Powers Agreement, to be known as the Greater East Bay Rail Opportunities Coalition (GEBROC), a separate entity created by this Agreement. (d) "Board" or "Board of Directors" means the governing body of the Authority. (e) "Director" means the individual representing a Party as described in Section VII (b). (f) "Effective Date" means the date hereof which is the date of executive of this Agreement by the last of the Parties hereto or such other date following such last- executed date selected by the Parties for convenience. (g) "Member" or "Party" means each of the parties which become a signatory to this Agreement, accepting the rights and obligations of the Authority hereunder, including a public entity executing any addendum to the original Agreement as hereinafter provided. (h) "Public Entity" means an organization performing a public service which has been established either by legislative enactment or government regulation. VI. Membership. The members of the Authority shall each be a public entity which has executed or hereafter executes this Agreement, any addenda or amendment. VII. Designation of Board. The business of the Authority shall be conducted by a Board of Directors, the members of which shall be selected and serve as follows: (a) Directors shall be designated and appointed by each Party within thirty (30) days after the Effective Date hereof. (b) Each Party shall appoint two (2) Directors who have demonstrated an interest in, or have experience with transportation planning, programming and financing. Directors shall be elected officials. At least one (1) Director shall be a member of the governing body of the Party which they represent. (c) Each Party may appoint one (1) Alternate Director. The Alternate Director shall be authorized to act only in the absence of the Party's respective Director, 4 shall vote in the same number of votes as a Director, and shall have the same authority and exercise the same powers on such occasions as such Director. The Alternate Director shall have demonstrated an interest in, or have experience with transportation planning, programming and financing. Alternate Directors shall be elected officials. (d) The Authority shall consider and appoint one (1) Director and one (1) Alternate Director as nominated by the Metropolitan Transportation Commission. Said individuals nominated by the Metropolitan Transportation Commissioner shall be Commissioners who are currently serving on the Metropolitan Transportation Commission and must represent a County that is party to this Agreement. (e) The Directors shall exercise all powers of a Director contained herein or authorized by law. (f) Each Director shall have a single vote on matters coming before the Board. (g) All Directors and Alternate Directors shall serve a thirty month term, shall continue to serve so as long as they hold public office and until their respective successors are appointed. (h) If for any reason a Director is no longer an elected official, the Alternate Director shall serve in his or her place until a successor is named and qualified. If no qualified Alternate Director was appointed, such Director shall continue to serve until the earlier of (1) the appointment of his or her successor, (2) the end of the 60th day following the date such Director ceases to be an elected official. (i) The officers of the Authority shall consist of a chair and vice-chair selected from the Board by a majority vote of the Directors present. The Board shall have the power to appoint such additional officers as it deems necessary. The chair and vice-chair shall hold office so long as they are Directors. VIII. Board Operations. A. Regular meetings: The Board shall determine the frequency of regular meetings and shall specify by resolution the date and hour thereof, and place at which, regular meetings shall be held. B. Call, Notice and Conduct of Meetings: All meetings of the Board, including without limitation, regular, adjourned regular, and special meetings shall be called, noticed, held and conducted in accordance with the provisions of Chapter 9 (commencing with Section 54950), Part 1, Division 2, of Title 5 of the California Government Code (the "Ralph M. Brown Act"). 5 C. Minutes: The Chair of the Board shall cause minutes of all meetings to be kept and shall cause copies of the minutes to be provided to each Director and Participating Member. D. Quorum: The Directors and Alternate Directors present holding a majority of the total votes of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. E. Rules: The Board may adopt from time to time such rules and regulations for the conduct of its affairs as may be required. F. Vote or Assent of Board: A majority vote of a quorum of the Board shall be required to approve the business of the Authority, except that any vote approving policy or recommendations to the Participants shall require a majority vote of the Board. Director or the designated Alternate Director must be present in order to vote. G. Administration: Contra Costa County shall provide initial administrative support as well staff support to the Authority and contract administration of consultant contracts. The Authority may elect to pursue other external sources of funds for staff support. H. Program Costs: Initial program consultant contract expenses shall be covered by a Petroleum Violation Escrow Account grant secured by Contra Costa County. The Authority may pursue grants for which the Authority would be a recipient to cover or augment program costs. Staff provided by Contra Costa County per Section VIII.G. is provided by Contra Costa County funds at no cost to the other Parties. I. Principal Office: The principal office of the Authority shall be the offices of the Contra Costa County Community Development Department. IX. General Powers. The Authority shall have the power to do the following in its own name: (a) To provide oversight and direction to planning studies. (b) To develop and advocate policy. (c) To exercise any power delegated by the Parties and to advise the Parties in the exercise of individual powers possessed by said Parties, provided that said powers are exercised in furtherance of the purposes of this Agreement by mutual consent and unanimous agreement of the constituent Parties to this Agreement. 6 X. Specific Powers. The Authority is hereby empowered to: (a) Develop, adopt and implement a Work Plan to: • Identify, evaluate and prioritize opportunities for rail and/or mass transit facilities for the East Bay counties. • Develop a comprehensive plan for the development of new or expanded rail and/or mass transit facilities for the East Bay counties. • Develop funding strategies of rail facilities for the development of new or expanded rail and/or mass transit facilities in the East Bay. (b) Develop, adopt and recommend a strategy oriented at implementing the findings derived from the Work Plan. (c) Establish such by-laws and rules and regulations as may be necessary for its operation and for the conduct of the Authority's business. (d) Receive, accept and utilize the services of personnel offered by any of the Members, or their representatives or agents; receive, accept and utilize property, real or personal, from any of the Members or their agents or representatives. (e) Add other parties to the Authority under specified circumstances as outlined in Section XV. (f) Appoint a Commissioner from the Metropolitan Transportation Commission to the Board of Directors as outlined in Section VII (d). (g) Strive to ensure that the development of Authority policies and recommendations represent the Parties best interests relative to other local governments, Congestion Management Plans, and regional, State, and Federal planning policies. (h) Apply for and be the recipient of public and/or private grants which are consistent with the powers of this Agreement. (i) Execute and administer contracts at such time the Authority becomes a recipient of grant funding. 0) Adopt policies, rules of procedure and other operational matters of the Authority. 7 XI. Restrictions Upon Exercise of Power of Authority. The powers of the Authority shall be expressly limited to the specific powers outlined in Section X. Each Party is participating as a member to this Agreement with the intent of furthering cooperative multi-county, multi-modal planning. While each Party agrees to consider the recommendations or actions of the Authority, nothing in this Agreement shall in any way bind any Party to any course of action with respect to the issues under discussion by the Authority. Each Party specifically reserves the right and obligation to independently prioritize projects, make policy recommendations, and take whatever actions it deems appropriate with respect to matters under discussion by the Authority. XII. Committees. A. Technical Advisory Committee: The Board will receive technical support from the Technical Advisory Committee. The Technical Advisory Committee shall be comprised of staff from the parties signatory to this Agreement, including but not limited to, transit operators, City/local agency staff, Caltrans, Regional Transportation Planning Committees and/ or Technical Advisory Committees to the Congestion Management Agencies, Transportation Management Associations, and the private sector. B. The Board may establish other such advisory committees as it deems appropriate to advise the Authority on matters relating to implementation of any component of the approved Work Plan. Such committees shall be composed of such persons as the Board shall determine; provided, however, that such membership shall not necessarily be limited to persons representing, or associated with, the Parties. The purpose and the function of any such committee or committees shall be specified by the Board. XIII. Funds and Expenditures. As long as the Authority's Program Costs are covered by a Petroleum Violation Escrow Account grant secured by Contra Costa County and staff support is provided by Contra Costa County at no cost to the other Parties, Contra Costa County shall keep and maintain financial records pursuant to the requirements of the PVEA grant. If and when the Authority becomes the recipient of grant funding, the Authority shall establish accounting and reporting policies and procedures, including insurance requirements, as required by California Government Code. XIV. Amendments. This Agreement may be amended at any time, or from time to time, by one or more supplemental agreements executed by all of the Parties who are then Parties hereto, either as required in order to carry out any of the provisions of this Agreement, or for any Project, or for any other purpose, in pursuance of the purposes of this Agreement. Addition of new Counties/Congestion Management Agencies or other Public Entities as Parties is not considered an amendment to this Agreement. XV. Addition of Parties. A County/Counties and their respective Congestion Management Agency(ies), or another Public Entity(ies), may be added to the Authority, upon request, evidenced by submission of a 8 certified copy of a resolution adopted by the governing body from the public entity petitioning membership in the Authority. Such petition must be approved by a majority of the Board of Directors. XVI. Termination of Party's Participation in the Authority. Notice of intention to withdraw from this Agreement shall be given by resolution of the governing body of the Party intending to withdraw, approved by a vote of not less than four fifths (4/5ths) of the entire membership of the governing body. At least 60 days before a Party acts on such Notice of Intention to withdraw, the Party shall give written notice of its election to do so, which said notice shall be given to the Board of Directors and to the other Parties. The withdrawal of such Party becomes final upon receipt and acceptance of a certified copy of said resolution by the Authority. XVII. Term and Termination. This Agreement shall continue until terminated as specified in this paragraph. This Agreement shall terminate upon June 30, 1995 unless extended by mutual agreement of the participants. XVIII. Indemnity. It is mutually understood and agreed, relative to the reciprocal indemnification of Authority and Parties: a. That neither Authority, nor any officer or employee thereof, shall be responsible for, and Parties shall fully indemnify and hold harmless Authority against any damage or liability occurring by reason of anything done or omitted to be done by Parties under or in connection with any work, authority or jurisdiction delegated to parties under this Agreement. It is also understood and agreed that pursuant to Government Code Section 895.4, Parties shall fully indemnify and hold the Authority harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by Parties under this Agreement of in connection with any work, authority, or jurisdiction delegated to Parties under this Agreement. b. That neither Parties, nor any officer or employee thereof, shall be responsible for, and Authority shall fully indemnify and hold harmless Parties against any damage or liability occurring by reason of anything done or omitted to be done by Authority under or in connection with any work, authority or jurisdiction delegated to Authority under the Agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, Authority shall fully indemnify and hold the Parties harmless from any liability imposed for injury as defined by Government Code Section 810.8 occurring by reason of anything done or omitted to be done by the Authority under this Agreement or in connection with any work, authority, or jurisdiction delegated to Authority under this Agreement. 9 r XIX. Successors: Assignment. This Agreement shall be binding upon and inure to the benefit of the successors or assigns of the Parties. No Party may assign any right or obligation herein without the written consent of each of the other Parties. XX. No ices. Any notice authorized or required to be given pursuant to this Agreement shall be in writing and shall be deemed to be given when mailed, postage prepaid, or delivered during working hours to the following addresses, or to such changed addresses as are communicated to the Authority and the Parties in writing. designate parties and respective addresses XXII. Governing Law. This Agreement is made in the State of California under the laws and Constitution thereof, and is to be so construed. XXII. Sev rability. Should any portion, term, condition or provision of this Agreement be decided by a court of competent jurisdiction to be illegal or in conflict with any law, or otherwise rendered unenforceable or ineffectual, the validity of the remaining portions, terms, conditions or provisions shall not be affected thereby. XXIII. Counterparts This Agreement and any supplement or amendment hereto may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original and all of which shall together constitute but one and the same instrument. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized and their official seals to be hereto affixed, on the day and year set opposite the name of each of the Parties. TO BE ADDED: Signature blocks for three Counties, three CMA's W:\DATA\WP51\TERRY\GEBROC.III 10