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HomeMy WebLinkAboutMINUTES - 12081992 - TC.5 . - 4ra Costa County TO: BOARD OF SUPERVISORS T"` FROM: TRANSPORTATION COMMITTEE DATE: November 30, 1992 SUBJECT: Approve First Amendment to TRANSPAC Joint Agreement SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve, in substantially the form presented together with any changes approved by County Counsel, the first amemdment of the existing Transportation/Land Use Partnership agreement between the County and the Cities of Clayton, Concord, Martinez, Pleasant Hill and Walnut Creek and authorize the Chair of the Board to sign the agreement on behalf of the County. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS On May 7, 1992 , Transpac approved the first amendment to its Transportation/Land Use Partnership Agreement and requested the County and the other five member jurisdictions of TRANSPAC to also approve the amendment. The major changes made to the agreement are as follows: (1) de?=ined a quorum as a majority (four) of the elected officials on he Board; previously, a quorum consisted of a majority of the Board, including planning commissioners; (2) the role of the Treasurer is clarified; (3) revised the provision concerning representation on the OCTA to state that a representative or alternate to the Authority must be a primary member of Transpac and not an alternate. A list of the revisions has been prepared and attached to the amended Agreement. CONTINUED ON ATTACHMENT: ✓ YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER log SIGNi1TURE(S) : Ro Sch�.-oder Tom Torlakson ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT J51_— . 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: Community Development )apartment ATTESTED &-, / 9�a cc: TRANSPAC 'U,cA (2b) PHIL BATCHELOR, CLERK OF City of Pleasant Hill THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY d�� , DEPUTY E X H I B I T A ADOPTED REVISIONS TO THE TRANSPAC JOINT AGREEMENT MAY 7, 1992 1) Revised Page 3 Section VI, A(b)(1), Members - Revise last sentence to read "The members shall be appointed by their respective jurisdictions." The intent is to make it clear that the appointment process for elected officials and planning commissioners to TRANSPAC is at the discretion of local jurisdictions. 2) Revised page 6, Section VII (c) - Clarified the position and function of the Treasurer. _ 3) Reversed the order of Sections VI (d) Vote and (e) Board Meetings (meetings should be convened before votes are taken). 4) Revised the current quorum rule for regular meetings which requires a majority of the Board, or a minimum of 7, to convene a meeting. New quorum requirement is in Section A(e)(5) established that a majority of the elected officials (4) to convene a meeting. 5) Clarified that the TRANSPAC Chair may convene a meeting other than a full TRANSPAC meeting, such as a Planning Committee meeting. TRANSPAC may also delegate authority to the Planning Committee to act on its behalf. 6) Revised Section VI, A(d)(3), Appointments to the Authority to add "a representative or alternate from TRANSPAC to the Contra Costa Transportation Authority Board must be a primary representative to TRANSPAC." This revision is to incorporate the new TRANSPAC policy on the status of elected officials who may serve on the Authority. The new policy limits eligibility to primary representatives from-local jurisdictions for appointment to the Transportation Authority as representatives and alternates. 7) Revised Section A(e), Board Meetings, paragraph (1) to allow TRANSPAC flexibility in establishing meetings. 8) Minor changes to the outline format were also approved. FIRST AMENDMENT TO THE CENTRAL CONTRA COSTA TRANSPORTATION/LAND USE PARTNERSHIP AGREEMENT I. GENERAL STATEMENT OF PURPOSE This Agreement is entered into on this 29th day of November, 1990, between the cities of Clayton, Concord, Martinez, Pleasant Hill and Walnut Creek, municipal corporations, and Contra Costa County, a state political subdivision. As a result of Measure C, which was approved by the voters of Contra Costa County and which established County-wide transportation priorities, the above-mentioned entities enter into this Agreement to cooperate in the establishment of policies and action to more effectively respond to the requirements of Measure C. II. DEFINITIONS The following words are defined as follows: (a) "Agency" shall mean each city and county which is a party to this Agreement. (b) "Transpac Board" (hereinafter "Board") shall mean the board designated herein to administer this Agreement. (c) "Central Contra Costa Transportation/Land Use Partnership" ("Transpac") shall mean the association of Agencies charged with the carrying out specific purposes related to Measure C. (d) "Central Contra Costa Transportation/Land Use Partnership-Technical Advisory Committee" ("Transpac TAC") shall mean the group which provides technical assistance to Transpac. (e) "Joint Transportation Planning Program" shall mean a transportation planning program undertaken by the Agencies. (f) "Designated City" shall mean that Agency which is desig- nated by Transpac's Board to act on behalf of, and at the direction of, the Board. (g) "Measure C" shall refer to The Revised Contra Costa Trans- portation Improvement and Growth Management Program adopted on August 3 , 1988. III. SPECIFIC PURPOSES OF THIS AGREEMENT The intent of this Agreement is to express cooperation between the cities and the county and to establish policies which will protect and advance the interests of Central Contra Costa County ("Central County") communities with respect to transportation issues in general and the utilization of Measure C funds in particular. This Agreement shall serve to summarize the understanding amongst the parties to form an association of the entities (Transpac) , hire consultants to assist Transpac in effectuating the intent of Measure C, and to coordinate meetings wherein transportation policy and action shall be formulated. Transpac shall advise the Contra Costa County Transportation Authority of these policy decisions. IV. POWERS OF TRANSPAC In addition, it is the intent of this Agreement that Transpac adopt an annual work program and budget to accomplish the following: (a) Conduct, authorize, review and accept studies and reports; (b) Periodically review transportation plans and recommend changes thereto; (c) Hold and conduct meetings pursuant to Section V(A) (e) . (d) Develop regional strategies to meet Measure C require- ments; (e) Address transportation issues which affect the Central County region; (f) Assess Central County transportation needs; (g) Assess the need to expand Central County transit services; (h) Advise the Agencies on transportation issues which impact the Agencies and the region; (i) Coordinate Agencies' responses and actions concerning transportation issues; (j) Formulate transportation policy statements; (k) Sponsor educational forums, workshops and discussions on transportation matters; (1) Advocate the interests of Agencies concerning transporta- tion management issues to local, state and federal officials; and (m) Gather information necessary to accomplish the foregoing purposes. -2- V. POWERS OF TRANSPAC'S DESIGNATED CITY By execution of this Agreement, the Agencies recognize that Transpac, by and through its Designated City, shall have the following powers, including, but not limited to: (a) To make and enter into contracts; (b). To apply for and accept grants, advances and contribu- tions; (c) To employ and contract for services of agents, consult- ants, engineers, attorneys, and such other persons or firms as it deems necessary; (d) To incur debts or obligations, subject to the limitations set forth herein; and (e) To hire consultants when necessary to accomplish the foregoing purposes. VI. ORGANIZATIONAL STRUCTURE It is agreed through this Agreement that Transpac shall provide overall policy direction for the operations and activities of the Joint Transportation Planning Program. In addition, that City which is named as the Designated City shall oversee the annual work program approved by Transpac. Transpac-TAC shall provide daily administrative guidance and decision-making for the operational activities of this program. Any staff or consultants hired by Transpac shall report directly to Transpac-TAC. A. Transpac Organization. (a) Transpac Board. Transpac shall be governed by the Board. The Board is empowered to establish its own procedures for operation and may revise these periodically as deemed necessary. (b) Members. (1) The Board shall consist of two members of each of the six Agencies. One of the two shall be a councilmember, or in the case of the county a supervisor, the other a planning commissioner. The members shall be appointed by their respec- tive jurisdictions. (2) Upon execution of this Agreement, each Agency shall appoint its members and alternate(s) . Each member and alternate shall serve at the pleasure of the appointing Agency without compensation. -3- (3) Upon execution of this Agreement, the members of the Board shall designate one Agency. to be: the signatory to any contract obligations. incurred and which shall exercise all power and authority on behalf of, and at the direction of, the Transpac Board. (c) Officers. Transpac shall have the following officers: a chair and vice-chair who shall also be elected officials. It is also agreed that Transpac shall designate a treasurer and, if desired, a secretary. (1) Term. The Board shall select from its members a chair and vice chair, each of whom shall hold office for a period of one year, commencing January 15. However, the first chair and vice- chair shall hold office from the date of appoint- ment to the following January 14. Further, if an Agency removes a Board member who is also an officer, the Board shall appoint a member from the newly constituted Board to fill the vacant office for the remainder of that term. (2) Duties. a. Chair. The chair shall preside over Board meetings, call them to order and adjourn them, announce the business and order to be acted upon, recognize people entitled to the floor, put to vote all questions moved and seconded, announce voting results, maintain rules of order, and carry out other duties as set forth in the bylaws. b. Vice-Chair. The vice-chair shall serve as chair in the absence of the regularly elected chair. (d) Board Meetings. (1) Regular Meetings. The Board should attempt to hold at least one regular meeting a month. (2) Special Meetings. Special meetings of the Board may be called as provided in Government Code Section 54956. (3) Notice of Meetings. All meetings of the Board shall be held in accordance with the Ralph M. Brown Act, (Government Code Sections 54950 et seq. ) , and other applicable laws. -4- (4) Minutes. The Board shall keep written minutes of all meetings. As soon as possible after each meeting, the Board shall cause a copy of the minutes to be distributed to members of the Board and to the Agencies. (5) Quorum. A majority of the elected officials on the Board shall constitute a quorum, except that - less than a quorum may adjourn from time-to-time. The chair may convene meetings, other than regularly scheduled TRANSPAC meetings, under the provisions of Government Code Section 54950 etseq. (e) Vote. (1) Authorized Voting Members. The councilmembers, county supervisors, or their alternates, planning commissioners or their alternates shall be voting members. (2) Transpac Business. A unanimous vote of the voting members present shall be required to take action with respect to the annual work plan and budget. A majority vote of the voting members present will be required to take action on all other matters. (3) Appointments to the Authority. A majority of the elected officials present who are voting members shall be required to appoint or recall a repre- sentative to the Contra Costa Transportation Authority consistent with the requirements of the Authority's Administrative Code. The representa- tive or his or her alternate to the Authority shall be the primary representative to TRANSPAC. (f) Restrictions on Exercise of Board Power. This Agreement is entered into pursuant to Article I of Chapter 5, Division 7, Title 1 of the Government Code, concerning joint powers agreements. Transpac's powers are restricted to those of the Designated City pursuant to Section 6509 of the Government Code. (g) Delegation of Powers. The Board may delegate its authority and functions to the Planning Committee to act on the Board's behalf. B. Transpac-TAC. The technical advisory committee which presently serves Transpac ("Transpac-TAC") , shall serve as the technical advisory committee for the entity entitled Transpac. It shall continue to be made up of at least one staff member from each Agency selected by each Agency. (a) Duties of Transpac-TAC. Transpac-TAC shall provide staff support to Transpac, provide direct supervision -5- over Transpac staff and consultants, prepare and distribute all Transpac agenda material, and make recommendations to Transpac. (b) Transpac-TAC Officers. Transpac-TAC shall annually elect a chair. Each Agency shall have one vote. (c) Staffing Transpac-TAC. Each of the Agencies shall strive to provide the necessary staff support to the Board to fulfill its duties. However, nothing in this section shall limit Transpac's Designated City's au- thority to hire and engage the services of consultants and staff. VII. TRANSPAC BUDGET, WORK PROGRAM AND AGENCY PAYMENTS Transpac shall adopt a budget and work program by an annual resolution. The budget shall set forth all operational expenses of Transpac. It shall also set forth the proportionate amount each Agency will be expected to pay. (a) Within 120 days of the effective date of this Agree- ment, the Board shall formulate a budget for the first fiscal year of Transpac's operation. In doing so, the Board shall assign each Agency a proportionate share of required funding to meet the budget agreed upon. Absent formal Board action extending this deadline, failure to agree upon a budget within the 120 day time frame shall cause this Agreement to terminate. (b) After the first year, the annual budget and work pro- gram shall be prepared by April 1 and shall then be submitted to the Agencies for review prior to its adoption on or after July 1. Absent formal Board action extending the July 1 deadline, failure to agree upon a budget within the 90-day time frame (April to July) shall cause this Agreement to terminate. (c) All bills and invoices for expenses incurred pursuant to said budget shall be routed to Transpac's Treasurer (the Designated City's Finance Director) who shall pay such expenses from the TRANSPAC budget. The Treasurer has the authority to set forth the method and timing of payment of such invoices. The Treasurer shall also calculate the amount owed by each Agency under the formula set forth in Section IX, and shall bill each Agency accordingly. Each Agency shall pay its billing by Transpac within 30 days of receipt thereof. Bills shall be prepared for each calendar quarter in which activity occurs and shall be payable by the Agencies upon demand. -6- VIII. FUNDS, AUDIT .AND ACCOUNTING SERVICES The Board shall designate the Finance Director of the Designat- ed City as the Treasurer, to be the depository and to have custody of all Transpac funds from whatever source, and to perform the following functions: (a) Receive and account for all money of Transpac's and place it in the Treasury of the Designated City for the credit of Transpac (b) Be responsible upon official bond for the safe-keeping and disbursement of all Transpac money so held; (c) Pay any sums owed of Transpac from Transpac money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or con- troller who has been so designated pursuant to this Agreement. (d) Verify and report in writing on the first day of July, October, January and April of each year to Transpac and to the contracting parties to this Agreement the amount of money the Treasurer holds for the Board, the amount of receipts and amount paid out since the last report to the Board. The functions of the auditor may also be performed for the Board by the Finance Director of the Designated City. If designat- ed, the auditor shall draw warrants to pay demands against the Board when the demands have been approved by the Board or by a person authorized by the Board to so approve. If the Designated City changes, the Finance Directors of the two cities shall cooperate in account reconciliation during the transition. If deemed necessary by the Board, an independent audit shall be made by a certified public accountant to ensure that the Treasurer is complying with the aforementioned requirements and Government Code Section 6505 regarding strict accountability of all funds. IX. PAYMENT OBLIGATIONS OF AGENCIES Each Agency shall pay, upon demand, its proportionate share of expenses. The funding allocation of each Agency is as follows: each jurisdiction shall contribute 50% of Transpac funding on an equal (1/6th) share basis. The remaining 50% Transpac subsidy is based on the percentage of Measure C return-to-source funding received by each jurisdiction according to the Allocation Formula attached hereto as Appendix "B" and incorporated herein by this reference as though fully set forth. This funding allocation shall . be reviewed annually and, if necessary, may be altered by written amendment to this Agreement. -7- X. DISPOSITION OF TRANSPAC FUNDS UPON TERMINATION In the event this Agreement is terminated, Transpac funds, together with interest accrued thereon, which remain after payment of all outstanding Transpac debts, shall be distributed to the Agencies in the same proportion as the Agencies have paid into Transpac. XI. WITHDRAWAL Any Agency may, upon 60 days' written notice to the Chair of Transpac, withdraw from this Agreement. However, a withdrawing Agency shall be liable for its proportionate share of Transpac expenses incurred up to the date notice of termination is received. XII. TERMINATION This Agreement will terminate twenty (20) years from the date of its execution, or when Measure C revenues have been exhausted, whichever comes first. Further, the Agreement may also be terminat- ed in accordance with the provisions of Paragraph VII of this agreement. However, Transpac shall conduct an annual review of the implementation of this Agreement to determine whether the execution of a Joint Exercise of Powers Agreement that establishes Transpac as a separate legal entity is a more suitable alternative to this Partnership Agreement. XIII. NOTICES All notice to Agencies shall be deemed to have been given when mailed to the governing body of each Agency. Notices to Transpac shall be sent to the City which is the Designated City. XIV. BOUNDARIES The Transpac boundaries shall be as shown in Appendix A. XV. AMENDMENTS The affirmative vote of the governing bodies of two-thirds of the Agencies shall be required to amend this Agreement. Any amend- ment to this Agreement shall be in writing. -8- XVI. EFFECTIVE DATE This agreement shall take effect 30 (thirty) days after .the last date it is approved by an Agency's governing body. : THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS. CITY OF CLAYTON By Dated: Bob Kendall, Vice Mayor CITY OF- CONCORD By Dated: Byron Campbell, Mayor CONTRA COSTA COUNTY By: Dated: Sunne McPeak, Supervisor CITY OF MARTINEZ By: -- Dated• Jeff Smith, Councilmember CITY OF PLEASANT HILL By: Dated: Terri Williamson, Councilmember CITY OF WALNUT CREEK By: Dated: Evelyn Munn, Councilmember -9-