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HomeMy WebLinkAboutMINUTES - 02011994 - TC.2 TCA TO: . BOARD OF SUPERVISORS FROM: TRANSPORTATION COMMITTEE Contra DATE: JANUARY 24 , 1994 •" Costa SUBJECT: RENEWAL OF JPA FOR THE WEST CONTRA COSTA County TRANSPORTATION ADVISORY COMMITTEE SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Approve, in substantially the form presented, the renewal of the Joint Powers Agreement for the West Contra Costa Transportation Advisory Committee (WCCTAC) and authorize the expenditure of up to $9, 500 in Measure C Return to Source Funds as the County's share to maintain WCCTAC operations in 1994 . FISCAL IMPACT No impact on the County General Fund. Contra Costa County's share of expenses for WCCTAC operations under this JPA renewal, estimated at $9, 500 annually, would be funded by Measure C Return to Source Funds. BACKGROUND/REASONS FOR RECOMMENDATIONS The West Contra Costa County Transportation Advisory Committee (WCCTAC) was formally created as Joint Powers Agency (JPA) in July, 1990 pursuant to Government Code Section 6500. WCCTAC was created to coordinate and advance the interests of West County communities with regard to transportation issues in general and, in particular, prepare and implement a West County Action Plan as mandated under the Measure "C" (Contra Costa Transportation Improvement and Growth Management Program, 1988) . The member agencies of WCCTAC include City of El Cerrito, City of Hercules, City of Pinole, and City of Richmond, SF Bay Area Rapid Transit District, Alameda-Contra Costa Transit District, Western Contra Costa County Transit Authority, and County of Contra Costa. The term of this JPA was established as three years, to expire in 1993 unless renewed by all the member agencies. Each member agency was obligated to pay a proportionate share of WCCTAC expenses. Contra Costa County's annual share was set a 10 percent, or $27 , 426 . The County's share of expenses were paid from Measure C Return to Source Funds. CONTINUED ON ATTACHMENT: x YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) Supero sor Gayle Bishop, Chair Supervisor Tom Torlakson ACTION OF BOARD ON APPROVED AS RECOMMENDED _ OTHER _ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT 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. Contact: Patrick Roche (510/646-2835) ATTESTED / i y y5/ cc: Community Development Department PHIL BATCkELOR, CLERK OF WCCTAC (via CDD) THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR PR:\BO&R\WCJPA.BO BY , DEPUTY Renewal of JPA for the WCCTAC Continued - Page Two The member agencies desire to continue WCCTAC's function as the transportation planning body for West Contra Costa County. Attached as Exhibit "A" is a Draft JPA modeled after the original agreement signed by the County in July, 1990 which would renew WCCTAC. Under this new agreement the County would continue to contribute funding for 10% of WCCTAC operational expenses, but due to a reduced overall operating budget the County's actual dollar contribution is now estimated at $9,500. The key change in this new agreement is to set an indefinite termination date, unless a majority of member agencies agree to terminate, but adopt by resolution an annual budget and task priorities for each year. It is projected that the County's actual dollar share of expenses to maintain WCCTAC operations will not be greater than $9, 500 on annual basis. Details on WCCTAC task priorities and budget for 1994 are included as attachments in the Draft JPA. The Transportation Committee recommends the Board of Supervisors approve the renewal of West Contra County Transportation Advisory Committee Joint Powers Agreement, in substantially the form presented, and authorize the expenditure of approximately $9, 500 Measure C Return to Source Funds as the County's share of WCCTAC operating expenses. PR:\BO&R\WCJPA.BO EXHIBIT "A" WCC7AAh _- W, _�!ZQSA.0 I • I• •. ry • One Alvarado Squam v Son Pablo • Callf0mic 948W WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE JOINT EXERCISE OF POWERS AGREEMENT This agreement is entered into on this day of_, 1994, by and between the City of_, a municipal corporation, the City of Hercules, a-municipal corporation, the City of Pinole, a municipal corporation, the City of Richmond, a municipal corporation and charter city, the City of San Pablo, a municipal corporation, the County of Contra Costa. a political subdivision of the State of California, and the Alameda-Contra Costa Transit District, the San Francisco Bay Area Rapid Transit District (BART) and the Western Contra Costa County Transit Authority (WestCAT), all transit districts organized and existing pursuant to the provisions of California Public Utilities Code. WITNESSETH: WHEREAS, in November, 1987, the voters of Contra Costa County approved Measure "C" which established and funded a transportation agenda for Contra Costa County; and WHEREAS, in response to the adoption of Measure "C", the parties to this agreement decided to formalize the previously existing West Contra Costa Transportation Advisory Committee as a legal entity created to address transportation issues; and WHEREAS, each of the public agencies which are a party to this agreement, hereafter referred to collectively as the "Parties", has the power to address transportation issues; and WHEREAS, each of the Parties to this agreement believes that a combination of their separate powers and abilities may enable them to more effectively respond to Measure "C" and to address transportation issues; and WHEREAS, each of the Parties to this agreement propose by this agreement to exercise their respective powers jointly for the purpose of responding to the passage of Measure "C" and addressing existing and future transportation issues; and WHEREAS, California Government Code Section 6500, et. seq. provides that two or more public agencies by agreement may jointly exercise any power that any one of the agencies could exercise separately; and WHEREAS, the Parties to this agreement are desirous of conferring upon a separate legal entity the necessary powers with regard to responding to Measure "C" and for addressing transportation issues for the benefit of each and all of the Parties. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS: 1. OBJECTIVE AND COMMISSION The objective of this joint exercise of powers agreement is to create a city, county, transit district transportation advisory committee which will protect and advance the interests of West Contra Costa County communities with regard to transportation issues in general and the utilization of Measure "C" funds in particular. More specifically, the committee created by this agreement is commissioned to: (a) Assist member agencies with the coordinated and cooperative implementation of the West Contra Costa Action Plan; (b) Participate in the development and implementation of the Contra Costa Comprehensive Transportation Plan; (c) Initiate "area specific" transportation studies/plans where appropriate; (d) Assist member agencies with Congestion Management Program compliance requirements; (e) Develop regional strategies and meet regional requirements established by Measure "C"; (f) Cooperatively address transportation issues, beyond Measure "C" requirements, when said issues affect West Contra Costa County interests; (g) Assess the transportation needs of the West Contra Costa County area; (h) Consider the development of expanded West Contra Costa County transit services and TDM programs; (i) Advise the Parties on transportation issues; (j) Coordinate the actions and responses of the Parties with regard to transportation issues; (k) Formulate transportation policy statements; 2 (1) Sponsor educational forums, workshops, TDM Coordinator-training, and discussions on transportation matters; (m) Develop and administer a West Contra Costa Regional TDM Program to encourage use of alternatives to single occupant commute travel; (n) Advise the Parties on TDM compliance issues; and (o) Gather information necessary to carry out the foregoing purposes. 2. DEFINITIONS Certain words as used in this agreement shall be defined as follows: (a) "Agency" shall mean each City and transit district and the County which is a signatory to this agreement. (b) "Board" shall mean the board constituted herein pursuant to this agreement to administer and execute this agreement. (c) "TDM Ordinance", shall mean the ordinance(s) adopted by West Contra Costa cities and Contra Costa County setting forth the purpose, goal, objectives, requirements, and responsibilities of the West Contra Costa Regional TDM Program. (d) "Transportation Demand Management" also referred to as "TDM" shall mean any combination of measures that are designed to provide information, assistance, and incentives to employees and residents to encourage use of alternatives to single occupant commute travel. (e) "West Contra Costa Regional TDM Program" shall mean a Transportation Demand Management Program jointly undertaken by the West Contra Costa Transportation Advisory Committee with the purpose of reducing vehicle trips and increasing ridesharing and transit usage. (f) "West Contra Costa Transportation Advisory Committee" also referred to as "WCCTAC" shall mean the public and separate agency created by this agreement. (g) "West Contra Costa Transportation Advisory Committee-Technical Advisory Committee" also referred to as "WCCTAC-TAC" shall mean the technical advisory committee to the West Contra Costa Transportation Advisory Committee. 3 (h) "West Contra Costa TDM Advisory Committee" shall mean the Transportation Demand Management technical advisory committee to the West Contra Costa Transportation Advisory Committee. (i} "West Contra Costa Action Plan" shall mean the regional transportation plan in West County, required by Measure C, and intended to create a framework for member agencies to jointly and cooperatively address regional transportation issues. 3. EFFECTIVE DATE. This agreement shall become effective thirty (30) days after execution by the Agencies. 4. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE. The WCCTAC was formally created as a "Joint Powers Agency" in 1990 pursuant to California Government Code Section 6500. The term of that agreement was established as three years, to expire in 1993 unless renewal is agreed upon by all member agencies. There is hereby confirmed the West Contra Costa Transportation Advisory Committee (hereinafter referred to as "WCCTAC") to continue to exercise in the manner hereinafter set forth the powers common to each of the member agencies. WCCTAC shall be a public entity separate from the member agencies. No debt, liability, or obligation of the WCCTAC shall constitute a debt, liability, or obligation of any member agency, and each party's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as the parties hereto may agree to and direct in accordance with this agreement. 5. POWERS The powers of the WCCTAC shall include and be limited to the following: (a) to annually adopt a work program, specifically outlined under task priorities as ATTACHMENT A: WCCTAC TASK PRIORITIES FOR Calendar Year 1994 to this agreement, along with a budget, specifically outlined as ATTACHMENT B: BUDGET - WCCTAC OPERATIONS Fiscal Year 1993-94 setting forth all operational expenses for WCCTAC, together with the apportionment of such expenses to each Agency; (1) the work program and budget of WCCTAC shall be prepared by December 1 of each year and shall be submitted for review to each member Agency prior to its adoption on or after January 1 of each year; 4 (b) to make and enter into contracts; (c) to apply for and accept grants, advances, and contributions; (d) to employ or contract for the services of agents, consultants, engineers, attorneys, and such other persons or firms as it deems necessary to carry out the objectives of this agreement; (e) to conduct studies; (f) to develop and administer the West Contra Costa Regional TDM Program; (g) to periodically review transportation plans and TDM programs and ordinances, and recommend changes thereto; and (h) to incur debts, liabilities, or obligations, subject to limitations herein set forth. 6. BOUNDARIES The boundaries of WCCTAC shall be the boundaries as shown in Appendix A. 7. OVERALL ORGANIZATION The WCCTAC shall provide overall policy direction for the coordinated implementation of the West Contra Costa Action Plan. The WCCTAC-TAC shall provide daily administrative guidance and decision making for general WCCTAC operations including implementation of the West Contra Costa Regional TDM Program. Any staff or consultants hired by the WCCTAC shall report directly to the WCCTAC Principal Planner and WCCTAC-TAC Chair with consultation by the WCCTAC-TAC. 8. WCCTAC ORGANIZATION (a) WCCTAC Board WCCTAC shall be governed by the WCCTAC Board which shall exercise all powers and authority on behalf of the WCCTAC. The Board is empowered to establish its own procedures. The Board may do any and all things necessary to carry out the purposes of this Agreement. 5 (b) Members (1) The Board shall consist of ten members which shall be allocated in the following manner; (i) Three members shall be appointed by the governing body of the City of Richmond; (ii) The governing bodies of the cities of El Cerrito, Hercules, Pinole and San Pablo and the County of Contra Costa shall each appoint one member; (iii) The governing body of BART shall appoint one member to serve on the Board. (iv) The governing bodies of AC Transit and WestCAT shall appoint one member to serve on the Board. (2) Upon execution of this agreement, the governing body of each agency shall appoint the appropriate number of its elected members to serve as members of the Board and an appropriate number of its members to serve as alternate member(s) of the Board to serve in the absence of its regular appointees. Each member and alternate shall hold office from the first meeting of the Board after appointment until a successor is selected. Each member and alternate shall serve at the pleasure of the governing body or bodies of the appointing Agency or Agencies. Each member and alternate shall serve without compensation. (c) Officers WCCTAC shall have two officers: Chair and Vice Chair. The Board members shall select from the Board a Chair and Vice Chair who shall hold office for a period of one year, commencing July 1 of each and every fiscal year; provided, however, the first Chair and Vice Chair appointed shall hold office from the date of appointment to the following June 30; provided further, that in the event that an Agency removes from the Board a member serving as an officer, the Board shall appoint a member from the Board to fill the vacant office for the remainder of that fiscal year; provided further, that in the event the agency replaces or removes from the Board a member serving as an officer, the Board shall appoint another member from the newly constituted Board to fill the vacant office for the remainder of that fiscal year. (1) Chair. The Chair shall preside at the meetings of the Board, call meetings to order, adjourn meetings, announce the business and the 6 order it is to be acted upon, recognize persons entitled to the floor, put to vote all questions, moved and seconded, announce result of votes, maintain the rules of order, execute documents and official actions on behalf of the Board when duly approved, and carry out other duties set forth in the by-laws. (2) Vice Chair. The Vice Chair shall serve as Chair in the absence of the regularly elected Chair. (d) Vote (1) Authorized Voting Members Only elected officials from participating jurisdictions or agency governing boards shall be authorized to vote. (2) WCCTAC Business For purposes of decisions related to the regular business of the WCCTAC, including policy decisions, preparation of budgets and expenditures of funds, the City of Richmond shall have three votes; the cities of El Cerrito, Hercules, Pinole and San Pablo and the County of Contra Costa shall have one vote apiece; the rail transit districts shall jointly have one vote; and the bus transit districts shall jointly have one vote. A majority vote of six shall be required for the adoption of any course of action related to the regular business of the WCCTAC. (3) Appointment Of Representatives To The Contra Costa Transportation Authority Members Decisions related to determining WCCTAC appointments to the Contra Costa Transportation Authority shall be made only by participating city and County jurisdictions. In these cases, participating cities and the County, when participating, shall each have one vote. A majority vote of four shall be required for WCCTAC decision related to appointment of representatives to the Contra Costa Transportation Authority. (f) Meetings of the Board (1) Regular Meetings The Board shall meet at least ten times per year. The date, hour and place at which each such regular meeting shall be fixed by resolution of the Board, unless otherwise determined by consensus by the WCCTAC 7 I I Chair, WCCTAC-TAC Chair, and WCCTAC Principal Planner. (2) Special Meeting Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. (3) Notice of Meetings All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, being Sections 54950, et seq. of the California Government Code, and other applicable laws of the State of California requiring notice of meetings of public bodies to be given. (4) Minutes The Board shall cause minutes of all meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each Agency. (5) Quorum A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. (g) Bylaws The Board shall adopt from time to time such bylaws, rules or regulations for the conduct of its affairs as may be required. 9. WCCTAC-TAC ORGANIZATION (a) Composition The WCCTAC shall have a technical advisory committee which shall be known as the WCCTAC-TAC and which shall be composed of the city managers of the participating cities, the district managers of the participating transit agencies, the county administrator of the participating county and the transit manager of the participating transit authority, or there appointees. 8 (b) Duties (1) provides staff support to the WCCTAC; (2) provides direct supervision of staff or consultants hired by the WCCTAC; (3) prepares and distributes all WCCTAC agenda materials; and (4) makes all recommendations to the WCCTAC; however, recommendations from other bodies, concerned individuals are permitted and encouraged . (c) Officers The WCCTAC-TAC shall be chaired by a City Manager of one of the participating cities. The WCCTAC-TAC Chair shall be recommended annually on July 1st by the WCCTAC-TAC and selected by the WCCTAC. (d) Decision making Process For purposes of selecting the WCCTAC-TAC Chair, each participating jurisdiction or agency shall have one vote. All other decisions shall be made by consensus unless members consent to vote. 10. TDM ADVISORY COMMITTEE ORGANIZATION (a) Composition The WCCTAC shall have a Transportation Demand Management technical advisory committee which shall be known as the TDM Advisory Committee and which shall be composed of, but not limited to, the WCCTAC-TAC, or alternate member staff appointees, three representatives of West Contra Costa employers and complex sponsors, and one representative of RIDES for Bay Area Commuters. Members of the TDM Advisory Committee other than members of the WCCTAC-TAC shall be appointed by the WCCTAC. (b) Duties (1) recommends TDM programs, policies, and procedures to the WCCTAC; (2) advises the WCCTAC on any TDM matter Brought to its attention by any person; 9 (3) holds hearings and makes recommendations to the WCCTAC on appeals by employers and complex sponsors regarding decisions made by the Regional TDM Coordinator; and (4) recommends changes to TDM programs and ordinances as may be necessary to meet established goals and objectives, or other legal requirements. (c) Officers The TDM Advisory Committee shall be chaired by the WCCTAC-TAC Chair. (d) Decision Making Process All decisions of the TDM Advisory Committee shall be made by consensus. 11. STAFFING Upon request of the Board, each of the Agencies shall strive to provide the necessary staff support to the Board as may be necessary for the Board to fulfill its duties. 12. RESTRICTIONS UPON EXERCISE OF POWER OF BOARD This agreement is entered into under the provisions of Article I of Chapter 5, Division 7, Title 1 of the Government Code., concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising the power of the party Agencies. 13. FUNDS, AUDIT AND ACCOUNTING SERVICES Pursuant to the requirements of Section 6505.5 of the Government Code, the Finance Division Manager of the City of San Pablo is designated to be the depository and to have custody of all WCCTAC funds from whatever source, and to perform the following functions, unless the WCCTAC and the WCCTAC-TAC Chair determines otherwise. Fiscal responsibilities shall include the following: (a) Receive and receipt for all money for WCCTAC for the credit of the Board; (b) Be responsible upon official bond for the safekeeping and disbursement of all Board money so held; (c) Pay any sums due from the Board from Board money, or any portion thereof, only upon warrants of the WCCTAC-TAC Chair and/or WCCTAC Principal Planner; 10 (d) The Finance Division Manager of the City of San Pablo shall be considered the Treasurer of WCCTAC funds unless otherwise determined by the WCCTAC and the WCCTAC-TAC Chair. The Treasurer of WCCTAC funds shall have custody of all WCCTAC funds and shall verify and report in writing within ninety (90) days after the close of the fiscal year ended June 30th to the Board and to the contracting parties to this agreement the amount of money the Treasurer holds for the Board, the amount of receipts and the amount paid out since the last report to the Board. The audit of funds shall be conducted by an independent certified public accountant qualified to perform JPA duties each and every year based on the determination of the WCCTAC and the WCCTAC- TAC Chair. The functions of the auditor shall be determined and performed for the Board, with the WCCTAC and WCCTAC-TAC Chair approval. There shall be strict accountability of all funds and reporting to the Board of all receipts and disbursements. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for municipalities or counties and the audit shall conform to generally accepted auditing standards. 14. OBLIGATIONS OF THE AGENCIES Each Agency shall: (a) Pay, upon demand, its proportionate share of expenses based upon the budget adopted by the WCCTAC and member agencies. Invoices shall be prepared by the WCCTAC-TAC Chair. The proportionate share of each Agency shall be determined according to the following formula: City of Richmond 30% City of EI Cerrito 10% City of Hercules 10% City of Pinole 10% City of San Pablo 10% County of Contra Costa 10% Alameda-Contra Costa Transit District 9% San Francisco Bay Area Rapid Transit District 10% WESTCAT 1% (b) The WCCTAC will recommend a budget to member agencies each Fiscal Year. Based upon the above formula, during the Fiscal Year 1993-1994 the proportionate share of each member agency shall not exceed the following: 11 City of El Cerrito $9,500 City of Hercules $9,500 City of Pinole $9,500 City of Richmond $28,500 City of San Pablo $9,500 County of Contra Costa $9,500 Alameda-Contra Costa Transit District $8,550 San Francisco Bay Area Rapid Transit District $9,500 WESTCAT $950 TOTAL $95,000 tc) Commencing on January 1, 1994, and each July 1 thereafter, the WCCTAC shall adopt by resolution a budget which reflects the annual costs and the proportionate share of required funding to be provided by each member agency. (d) All bills and invoices for expenses incurred pursuant to this agreement shall be prepared and directed to the WCCTAC, which shall calculate the amount owed by each Agency under the formula set forth above and bill each Agency accordingly. Bills shall be prepared for each calendar quarter in which activity occurs and shall be payable to the WCCTAC immediately upon demand. 15. DISPOSITION OF WCCTAC FUNDS UPON TERMINATION WCCTAC funds, including any interest earned on deposits, remaining upon termination of this agreement after payment of all obligations, shall be returned in proportion to the contribution to each Agency during the term of this Agreement. Decisions of the Board shall be final in this regard. 16. WITHDRAWAL Any Agency upon sixty (60) days' written notice given to the Chair of WCCTAC may withdraw from this agreement; provided, however, that the withdrawing Agency shall be liable for its proportionate share of any expenses incurred up to the date notice of termination is received which exceeds the withdrawing Agency's contribution under Paragraph 14; and provided further, that in no event shall a withdrawing Agency be entitled to a refund of all or any part of its contribution made under Paragraph 14. 12 17. TERMINATION (a) This agreement shall remain indefinite unless amended or terminated sooner as provided hereunder. (b) This agreement may be terminated by a majority agreement of the member Agencies. 18. AMENDMENTS This agreement may be amended by the affirmative vote of the governing bodies of not less than two-thirds of all member Agencies. 19. NOTICES All notices to Agencies shall be deemed to have been given when mailed to the legislative body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at an address to be offici"lly established by the WCCTAC Board. 20. FILINGS WITH THE SECRETARY OF STATE Within 30 days of the effective date of this agreement, The Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Government Code Section 6505.3 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to California Government Code Section 53051. IN WITNESS WHEREOF, each Agency has executed approval of this, agreement and filed said approval with the Clerk of the County of Contra Costa. Executed on 1994, at , California. City of San Pablo Attest: By By Mayor City Clerk By Approved as to form: City Manager City Attorney 13 F ' FrOfBDLr j ( i \C'S y IN ONO H 31 7 ti f/ vol \\ 4 o M1 k V o /1 a nA ti - o r o J� , /�i� CD AYrACMNIE.NT A wcc _ EUT.W.M. ff-TM-M, One Alvamoo Square * San Pablo • Coldbensa 9aM WCCTAC TASK PRIORITIES FOR 1994 West Contra Costa Action Plan - Achieve adoption of the WCCTAC Action Plan by member agencies. Once the Action Plan is adopted, monitor attainment of traffic service objectives, and when necessary, coordinate and resolve disputes among jurisdictions over implementation responsibilities. Promote area specific actions involving the need for coordination between member agencies. 1-80 Comprehensive Corridor Analysis - Assume a leadership role in participating in MTC's 1-80 study by developing and coordinating the West County jurisdictions' policy positions and interests. Encourage participation by the CCTA as the Congestion Management Agency by adopting WCCTAC's final recommendation and forwarding those recommendations to MTC as the officially recognized CMA position (countywide). Work towards ensuring maximum public input regarding the matter. Carquinez Bridge Project- Focus on the project development and environmental review process, particularly as an advocate for appropriate mitigation measures. Address relevant issues such as :toll direction; mainline metering; systems analysis; transit access; and bridge design. Countywide Comprehensive Transportation Plan - Participate in plan development and the environmental review process. BART/GEBROC/AC Transit Rail Studies- Participate in these studies with the goal of achieving the implementation of near term commuter rail service. Develop a West County consensus in support of a rail service option that best serves regional needs. Develop specific local actions or policies that support the preferred option. Promote adequate bus connection to any rail project that is achieved. New TDM Programs - Examine the potential effectiveness of new programs such as bus service changes, new shuttle bus service, ridesharing incentives, trails improvements, and telecommuting. Promote projects. based on study results. Implement the Guaranteed Ride Home Program which has been granted funding. Supply staff assistance for that effort. Work cooperatively with AC Transit and WestCAT regarding potential bus service improvements. Continue employer surveys to monitor needed improvements. State Route 4 West Safety Improvements - Seek immediate. near-term solutions to improving safety and capacity on State Route 4 between 1-80 and Cummings Skyway. Working together with Caltrans and the CHP prepare a fact finding report. Aggressively promote the highway 0 highway improvement priority to the CCTA and MTC. Seek alternative funding sources to move the project forward. Compliance Checklist Issues - Develop West County consensus regarding possible changes to improve and make more efficient the compliance checklist process. Market Based Solutions to Regional Traffic Congestion - Work with MTC representatives to encourage a more market based approach to reducing congestion and generating needed transit funding. Transit District Coordination - Work with MTC Representatives and Transit District Representatives to encourage improved coordination. Achieving Stable, Secure Funding For The 30Z Line - Seek a permanent solution to fundinp, the 30Z Line. Richmond BART Station Partnership - Participate in this effort to improve maintenance and operations at and around the Richmond BART Station. Actively promote maintenance and safety for all West County transit facilities. ATTACHMENT B BUDGET - WCCTAC OPERATIONS FISCAL YEAR 1993/94 OBJECT ESTIMATED ..CLASSIFICATION AMOUNT Professional Staff (Salary/Benefits) $66,000 Office Furniture/ Supplies/Computer $3,000 Printing/Binding/ Mail/Postage/Teleph $7,000 Facilitator/Attorney/ Acctant/Misc.Support $7,000 Rent/Facility Use/ Overhead $7,000 Publication/Confer/ Membership $1,000 Other Misc. $4,000 SUBTOTAL $95,000 ESTIMATED $65,000 ** RESERVE TOTAL $160,000 * Assumes 15% of time charged to Action Plan/TDM Program ** Spent only upon authorization by the WCCTAC 12 17. TERMINATION (a) This agreement shall remain indefinite unless amended or terminated sooner as provided hereunder. (b) This agreement may be terminated by a majority agreement of the member Agencies. 18. AMENDMENTS This agreement may be amended by the affirmative vote of the governing bodies of not less than two-thirds of all member Agencies. 19. NOTICES All notices to Agencies shall be deemed to have been given when mailed to the legislative body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at an address to be officially established by the WCCTAC Board. 20. FILINGS WITH THE SECRETARY OF STATE Within 30 days of the effective date of this agreement, The Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Government Code Section 6505.3 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to .California Government Code Section 53051. IN WITNESS WHEREOF, each Agency has executed approval of this, agreement and filed said approval with the Clerk of the County of Contra Costa. Executed on 1994, at , California. Contra Costa County Attest: By By Board President County Clerk By Approved as to form: County Administer County Counsel 13 M AK--M AW AW-M = � WCCMAW In �! Joint Powers Agreement July, 1990 WEST CO.1,7pA COSTA TRANSPORTATION ADVISORY CO"NITTEE JOINT EXCISE OF POWERS AGREEMEN7 This agreement is entered into on this day of 1990, by and between the City of Ei Cerrito, a municipal corporation, the City of Hercules, a municipal corporation, the City of Pinole, a municipal corporation, the City of Richmond, a municipal corporation and charter city, the City of San Pablo, a munic- ipal corporation, the County of Contra Costa, a political subdivision of the State of California, and the Alameda-Contra Costa Transit District., the San Francisco Bay Area Rapid Transit District (BART) and the Western Contra Costa County Transit Authority (WESTCAT) , all transit districts organized and existing pursuant to the provisions of California Public Utilities Code. WITNESSETH: WI=AS, in November, 1987, the voters of Contra Costa County approved Measure "C" which established and funded a transportation agenda for Contra Costa County; and WHEREAS, in response to the adoption of Measure "C" , the parties to this agree- ment decided to formalize the previously existing West Contra Costa Transportation Advisory Committee as a legal entity created to address transportation issues; and WHEREAS, each of the public agencies which are a party to this agreement, hereaf- ter referred to collectively as the "Parties" , has the power to address transporta- tion issues; and WHEREAS, each of the Parties to this agreement believes that a combination of their separate powers and abilities may enable them to more effectively respond to Measure "C" and to address transportation issues; and WHEREAS, each of the Parties to this agreement propose by this agreement to exercise their respective powers jointly for the purpose of responding to the passage of Measure "C" and addressing existing and future transportation issues; and WHEREAS, California Government Code Section 6500, et. seq. provides that tTO or more public agencies by agreement may jointly exercise any power that any one of the agencies could exercise separately; and �%T EREAS, the Parties to this agreement are desirous of conferring upon a separate legal entity the necessary powers with regard to responding to Measure "C" and for addressing transportation issues for the benefit of each and ali of the Parties. NOW, THEREFORE, THE PARTIES TO THIS AGREL'T- 'T DO AGREE AS FOLLOWS: 1 . OBJECTIVE AND CONVISSION The objective of this ,joint exercise of powers agreement is to create a city, county, transit district transportation advisory- committee which will protect and advance the interests of West Contra Costa County communities with regard to transportation issues in general and the utilization of Measure "C" funds in par- ticular. More specifically, the committee created by this agreement is commis- sioned to: (a) Develop regional strategies and meet regional requirements established by Measure "C" ; (b) Cooperatively address transportation issues, beyond Measure "C" re- quirements, when said issues affect West Contra Costa County- interests; (c) assess the transportation needs of the ]lest Contra Costa County- area; (d) Consider the development of expanded West Contra Costa County- transit services; (e) Advise the Parties on transportation issues; (f) Coordinate the actions and responses of the Parties with regard to transportation issues; (g) Formulate transportation policy statements; (h) Sponsor educational forums, workshops, and discussions on transporta- tion matters; and (i) Gather information necessary to carry- out the foregoing purposes. 2. DEFIN'ITION'S Certain words as used in this agreement shall be defined as follows: (a) "agency" shall mean each City and transit district and the County- which is a signatory to this agreement. (b) "Board" shall mean the board constituted herein pursuant to this agree- ment to administer and execute this agreement. -2- (c) "West Contra Costa Transportation :Advisory Committee" (WCCTAC) shall mean the public and separate agency created by this agreement. (d) "West Contra Costa Transportation Advisory Committee-Technical Advisory- Committee" (WCCTAC-TAC) shall mean technical advisory committee to the West Contra Costa Transportation Advisory Committee. (e) "Joint Transportation Planning Program" shall mean a transportation planning program jointly undertaken by the West Contra Costa Transportation Ad- visory Committee. ' 3. EFFECTIVE DATE This agreement shall become effective thirty- (30) days after execution by- the Agencies. 4. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY CL.1^1I= There is hereby created the West Contra Costa Transportation Advisory Com- mittee (hereinafter referred to as "WCCTAC" ) to exercise in the manner hereinafter set forth the powers common to each of the Agencies. WCCTAC shall be a public entity separate from the Agencies. No debt, liability, or obligation of the WCCTAC shall constitute a debt, liability, or obligation of any Agency, and each party's obligation hereunder is expressly limited only to the appropriation and contribu- tion of such funds as the parties hereto may agree to and direct in accordance with this agreement. 5. POI%'ERS The powers of the WCCTAC shall include and be limited to the following: (a) to annually- adopt a work program along with a budget setting forth all operational expenses for WCCTAC, together with the apportionment of such expenses to each Agency. ( 1) The work program and budget of WCCTAC shall be prepared by April 1 of each fiscal year and shall be submitted for review to each member Agency prior to its adoption on or after July 1 of each fiscal year. (b) to make and enter into contracts; (c) to apply for and accept grants, advances, and contributions; (d) to employ or contract for the services of agents, consultants, en- gineers, attorneys, and such other persons or firms as it deems neces- sary; (e) to conduct studies; -3- (f) to periodically review transportation plans and recommend changes thereto; and (g) to incur debts, liabilities, or obligations, subject to limitations herein set forth. 6. BOUNDARIES The boundaries of WCCTAC shall be the boundaries as shown in Appendix A. OVERALL ORCIAINIZ-ATION The WCCTAC shall provide overall policy direction for the operations and activities of the Joint Transportation Planning Program. The WCCTAC-TAC shall provide daily administrative guidance and decision malting for the operational activities of the Joint Transportation Planning Program. Any staff or consultants hired by the WCCTAC shall report directly to the WCCTAC-TAC. 8. WCCTAC ORGANIZATION (a) WCCTAC Board WCCTAC shall be governed by the WCCTAC Board which shall e:',ercise all powers and authority on behalf of WCCTAC. The Board is empowered to establish its own procedures. The Board may do any and all things necessary to carry out the purposes of this Agreement. (b) Members ( 1) The Board shall consist of ten members which shall be allocated- in the following manner; (i) Three members shall be appointed by the governing body of the City of Richmond; (ii) The governing bodies of the cities of El Cerrito, Hercules, Pinole and San Pablo and the County of Contra Costa shall each appoint one member; (iii) The governing bodies of rail transit districts, operating within the WCCTAC boundaries, shall appoint one member to serve on the Board. (iv) The governing bodies of bus transit districts, operating within the WCCTAC boundaries, shall determine the appointment of one member to serve on the Board. -4- (2) Upon execution of this agreement, the governing body of each agency shall appoint the appropriate number of its elected members to serve as members of the Board and an appropriate number of its members to serve as alternate member(s) of the Board to serve in the absence of its regular appointees. Each member and alternate shall hold office from the first meeting of the Board after appointment until a successor is selected. Each member and alternate shall serve at the pleasure of the governing body or bodies of the appointing Agency or Agencies. Each member and alternate shall serve without compensation. (c) Officers WCCTAC shall have two officers: Chair and Vice Chair. The Board members shall select from the Board a Chair and Vice Chair who shall hold office for a period of one year, commencing July 1 of each and every fiscal year; provid- ed, however, the first Chair and Vice Chair appointed shall hold office from the date of appointment to the following June 30; provided further, that in the event that an Agency removes from the Board a member serving as an officer, the Board shall appoint a member from the Board to fill the vacant office for the remainder of that fiscal year; provided further, that in the event the agency replaces or removes from the Board a member serving as an officer, the Board shall appoint another member from the newly constituted Board to fill the vacant office for the remainder of that fiscal year. ( 1 ) Chair. The Chair shall preside at the meetings of the Board, call meetings to order, adjourn meetings, announce the business and the order it is to be acted upon, recognize persons entitled to the floor, put to vote all questions moved and seconded, announce result of votes, maintain the rules of order, execute documents and official actions on behalf of the Board when duly approved, and carry out other duties set forth in the by-laws. (2) Vice Chair. The Vice Chair shall serve as Chair in the absence of the regularly elected Chair. (d) Vote (1) Authorized Voting Members Only elected officials from participating jurisdictions or agency governing boards shall be authorized to vote. (2) WCCTAC Business For purposes of decisions related to the regular business of the WCCT- AC, including policy decisions, preparation of budgets and expenditures of funds, the City of Richmond shall have three votes; the cities of E1 Cerrito, Hercules, Pinole and San Pablo and the County of Contra Costa shall have one vote apiece; the rail transit districts shall jointly have one vote; and the bus transit districts shall jointly have one vote. A majority vote of six shall be required for the adoption of any course of action related to the regular business of the WCCTAC. (3) Appointment Of Representatives To The Contra Costa Transportation Authority- Members Decisions related to determining WCCTAC appointments to the Contra Costa Transportation Authority shall be made only by participating city and County jurisdictions. In these cases, participating cities and the County, when par- ticipating, shall each have one vote. A majority vote of four shall be required for WCCTAC decision related to appointment of representatives to the Contra Costa Transportation Authority. (f) Meetings of the Board ( 1 ) Regular Meetings The Board shall hold at least one regular meeting each month. The date, hour and place at which each such regular meeting shall be held shall be fixed by resolution of the Board. (2) Special Meetings Special meetings of the Board may be called in-accordance with the provisions of Section 54956 of the California Government Code. (3) 'notice of Meetings All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act, being Sections 54950, et seq. of the California Govern- ment Code, and other applicable laws of the State of California requiring notice of meetings of public bodies to be given. (4) Minutes The Board shall cause minutes of all meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to each Agency. -6- ( 5) Quorum A majority of the members of the Board shall constitute a quorvin for the transaction of business, except that less than a quorum may adjourn from time to time. (9) Bylaws The Board shall adopt from time to time such bylaws, rules or regula- tions for the conduct of its affairs as may be required. 9. WCCTAC-TAC ORGANIZATION (a) Composition The WCCTAC shall have a technical axdvisory committee which shall be known as the WCCTAC-TAC and which shall be composed of the city managers of the participat- ing cities, the district managers of the participating transit agencies, the county administrator of the participating county and trai-isit manager of the participating transit authority, or their appointees. (b) Duties ( 1) provides staff support to the WCCTAC; (2) provides direct supervision of staff or consultants hired by the WCCT- AC; (3) prepares and distributes all WCCTAC agenda materials; and (4 ) makes all recommendations to the WCCTAC. (c) Officers The IqCCFAC-TAC shall be chaired by a City Manager of one of the participat- ing cities. The WCCTAC-TAC Chair shall be selected annually by the WCCTAC-TAC. (d) Decision Making Process For purposes of selecting the WCCTAC-TAC Chair, each participating jurisdic- tion or agency shall have one vote. All other decisions shall be made by consen- sus. 10. STAFFING Upon request of the Board, each of the Agencies shall strive to provide the necessary staff support to the Board as may be necessary for the Board to fulfill its duties. -7- 11. RESTRICTIONS UPON, Q=. ISE OF POWER OF BOARD This agreement is entered into under the provisions of Article I of Chapter 5, Division 7, Title I of the Government Code, concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising the power of the party Agencies. 12, FONDS, AUDIT AND ACCCUNTING SERVICES Pursuant to the requirements of Section 6505.5 of the Government Code, the Finance Director of the City of Hercules is designated to be the depository and to have custody of all WCCTAC funds from whatever source, and to perform the following functions: (a) Receive and receipt for all money for WCCTAC and place it in the Treas- ury of City of Hercules for the credit of the Board; (b) Be responsible upon official bond for the safekeeping and disbursement of all WCCTAC money so held; (c) Pay any sums due from the WCCTAC with WCCTAC funds, or any rx-).-tion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been so designated pursuant to this Agreement; and (d) Verify and report in writing on the first day of August, November, February and March of each year to the WCCTAC and to the contracting parties to this agreement the amount of money the Treasurer holds for the WCCTAC, the amount of receipts and the amount paid out since the last report to the Board; The functions of the auditor shall be performed for the Board by the Finance Director of the City of Hercules. The Auditor shall draw, warrants to pay demands against the WCCTAC when the demands have been approved by the Board or by a person authorized by the Board to so approve. There shall be strict accountability of all funds and the Finance Director of the City of Hercules shall report to the Board of Control all receipts and disbursements. In addition, the Finance Director of the City of Hercules will either make or contract for an audit of the accounts and records at least annually as prescribed by Section 6505 of the Government Code. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code and the audit shall conform to generally accepted auditing standards. 13. OBLIGATIONS OF THE AGENCIES Each Agency shall: .. (a) Pay, upon demand, its proportionate share of expenses. The propor- tionate share of each Agency shall be determined according to the following for- mula: City of Richmond 300/. City of El Cerrito 10% City of Hercules 10% City of Pinole 10% City of San Pablo 10% County of Contra Costa 10% Alameda-Contra Costa Transit District 9% San Francisco Bay Area Rapid Transit District 10% WESTCAT 1% (b) Based upon the above formula, during the period of Fiscal Year 1990- 1991 through 1992-1993 the proportionate share of each Agency shall not exceed the following: City of El Cerrito $ 27,426.66 City of Hercules $ 271 ,426.66 City of Pinole $ 27,426.66 City of Richmond $ 82,279.99 City of San Pablo $ 27,426.66 County of Contra Costa $ 271 ,426.66 Alameda-Contra Costa Transit District $ 24,684.00 San Francisco Bay Area Rapid Transit District s 27,426.66 WESTICAT $ 2,7142.66 (c) Commencing on July 1, 1990, and annually thereafter, the WCCTAC shall adopt by resolution a budget which reflects the annual costs and the proportionate share of required funding to be provided by each member agency. (d) All bills and invoices for expenses incurred pursuant to this agreement shall be directed to the City of Hercules, which shall calculate the amount owed by each Agency under the formula set forth above and bill each Agency accordingly. Bills shall be prepared for each calendar quarter in which activity occurs and shall be payable to the City of Hercules immediately upon demand. -9- 14. DISPOSITION OF WCCTAC FUNDS UPON TERMINATION WCCTAC funds, including any interest earned on deposits, remaining u-IYDn termination of this agreement after payment of all obligations, shall be returned in proportion to the contribution to eachAgencyduring the term of this Agreement. Decisions of the Board shall be final in this regard. 15. WITHDRAWAL Any Agency upon sixty (60) days' written notice given to the Chair of WCCTAC may withdraw from this agreement; provided, however, that the withdrawing Agency shall be liable for its proportionate share of any expenses incurred up to the date notice of termination is received which exceeds the withdrawing Agency's contribu- tion under Paragraph 11; and provided further, that in no event shall a withdrawing Agency be entitled to a refund of all or any part of its contribution made under Paragraph 11 . 16, TERMINATION (a) This agreement shall terminate on June 30, 1993 unless amended or terminated sooner as provided hereunder. (b) This agreement may be terminated by mutual agreement of all the member Agencies. 17. AlMENIDMENIT'S This agreement may be amended by the affirmative vote of the governing bodies of not less than two-thirds of all member Agencies. 18. NOTICES All notices to Agencies shall be deemed to have been given when mailed to the legislative body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at an address to be officially established by the WCCTAC Board. 19. FILINGS WITH THE SECRETARY OF STATE Within 30 days of the effective date of this agreement, the Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Goverment Code Section 6505-11 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to California Government Code Section 53051. IN WITNESS WHEREOF, each Agency has executed approval of this agreement and filed said approval with the Clerk of the County of Contra Costa. -10- CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 18, 1994 TO: Vic Westman, County Counsel FROM: Harvey E. Bragdon, Director of Community Developmen By: Patrick Roche, Transportation Planning Divisions' SUBJECT: Review JPA Renewal for the West Contra Costa Transportation Advisory Committee The West Contra Costa County Transportation Advisory Committee (WCCTAC) was formally created as Joint Powers Agency (JPaN) in July, 1990 pursuant to Government Code Section 6500. WCCTAC was created to coordinate and advance the interests of West County communities with regard to transportation issues in general and, in particular, prepare and implement a West County Action Plan as mandated under the Measure "C" (Contra Costa Transportation Improvement and Growth Management Program, 1988) . The member agencies of WCCTAC include City of E1 Cerrito, City of Hercules, City of Pinole, and City of Richmond, SF Bay Area Rapid Transit District, Alameda-Contra Costa Transit District, Western Contra Costa County Transit Authority, and County of Contra Costa. The term of this JPA was established as three years, to expire in 1993 unless renewed by all the member agencies. Each member agency was obligated to pay a proportionate share of WCCTAC expenses. Contra Costa County's annual share was set a 10 percent, or $27 , 426. The County's share of expenses were paid from Measure C Return to Source Funds. The member agencies desire to continue WCCTAC's function as the transportation planning body for West Contra Costa County. Attached is a Draft JPA modeled after the original agreement signed by the County in July, 1990 which would renew WCCTAC. Under this new agreement the County would continue to contribute funding for 10% of WCCTAC operational expenses, but due to a reduced overall operating budget in 1994 the County's actual dollar contribution is now estimated at $9, 500. The key change in this new agreement is to set an indefinite termination date, unless a majority of member agencies agree to terminate, but adopt by resolution an annual budget and task priorities for each year. The new agreement also includes specific reference to WCCTAC task priorities and budget which must be approved each year with adoption of a resolution (see attachment to JPA) . This matter is scheduled for the Board 's Transportation Committee on January 24th with a recommendation to approve the new WCCTAC JPA "in substantially the form presented" . Page Two Memo - V. Westman 1/18/94 We would appreciate your comments as to the JPA's legal form prior to the full Board action which is tentatively scheduled for the February 1, 1994 meeting. Please direct any comments or questions to Patrick Roche of my staff at 6-2835. Thank you in advance for your cooperation. enclosures: Exhibit "A" WCCTAC Joint Powers Agreement ( recommended for BOS Transportation Committe approval in substantially the form presented } WCCTAC Joint Powers Agreement (July, 1990) cc: file H. Bragdon, CDD S. Goetz, CDD