HomeMy WebLinkAboutMINUTES - 10102000 - C6 Tu: BOARD OF SUPERVISORS
Contra
FROM: SUPERVISOR JOHN GIOIA _ Costa
DATE: October 10, 2000 County
SUBJECT: Rescind Board action of May 23, 2000 approving amendments to the Joint
Exercise of Powers Agreement of the West Contra Costa Transportation
Advisory Committee,
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Rescind the Board of Supervisors' action of May 23, 2000 which approved
amendments to the Joint Exercise of Powers Agreement of the West Contra Costa
Transportation Advisory Committee (WCCTAC), and authorize the Chair to sign a
letter informing WCCTAC that the approval has been rescin,ked.
FI CAI.IMPACT
None to the General Fund.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The Board of Supervisors on May 23, 2000 approved amendments to the Joint
Exercise of Powers Agreement that governs WCCTAC. This action was taken as
part of the Board's Consent Agenda on that date. At the time the amendments were
circulated to WCCTAC member agencies for approval, no issues or concerns had
been raised at WCCTAC or other forums about the amendments. Since the
amendments were circulated and local approvals were undertaken, a concern has
arisen at WCCTAC over the amendment regarding the number of votes needed to
pass an item by the WCCTAC Board of Directors. The amendment provides that an
action can pass by a"majority of the members present"at a meeting. Previously the
WCCTAC JPA required a majority of six votes, which is a majority of the entire
WCCTAC Board membership.
CONTINUED ON ATTACHMENT: X YES SIGNAT E
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE
L-'UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE
ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE
SHOWN.
Contact: John Greitzer(825/335-1201)
cc: Community Development Department(CDD) ATTESTED
(C
PHIL BATCHELO ,CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
cladvtranyohng/marlorle/rescind board order BY (17 01)J A,
n DEIyUTY
JOINT EXERCISE OF POWERS AGREEMENT FOR WCCTAC
OCTOBER 10,2000
Page 2
BACKGROUNDIREASONS FOR RECOMMENDATIONS CONTINUED
Discussion of this item at the last two monthly WCCTAC Board meetings has revealed that
Board members are divided on this issue. A vote on the matter taken at the September
29 WCCTAC Board meeting resulted in five members supporting the amendment and five
opposing it.
The majority vote provision is the only one of the JPA amendments that has come under
scrutiny. The other amendments are a change in the job title c:.;the WCCTAC Program
Manager, changes in the references to certain transportation plans, a non-discrimination
statement and a change in the starting and ending dates of WOCTAC Board members'
terms.
The discussion over the majority vote provision concerns the possibility that an action
could be taken with the agreement of only a small number of Board members. For
example, if a quorum of six members is present at a meeting, and four of the six vote for
an item, it would pass, even though it only received four out of a total of ten Board
members' votes.
The advising attorney to WCCTAC told the WCCTAC Board on September 29 that the
majority vote issue is a policy matter,not a legal one. WCCTAC has the option of either
alternative. By contrast,city councils and boards of supervisors in California are required
by state law to have a majority of the full governing board vote in the affirmative to pass
an item. The Colntra Costa Transportation Authority also must have affirmative votes from
a majority of all members to pass an item, under the state enabling legislation for CCTA.
The Board of Supervisors,and at least one other WCCTAC member agency;approved the
JPA amendments before the majority vote provision had been fully discussed and its
implications debated at WCCTAC. Based on the concerns raised during recent WCCTAC
discussions on this issue, it is recommended that the Board of Supervisors rescind their
earlier approval of the JPA amendments.
Exhibit A is the Board Order from May 23, 2000 that approved the JPA amendments.
Within Exhibit A is the amended JPA, in which the reference to majority voting can be
found on page ten.
Exhibit B is a draft letter from the Chair of the Board of Supervisors, to be sent to the
WCCTAC Chair pending authorization from the Board of Supervisors.
Phil Batchelor
The Board of Supervisors Contra 115�1-elegy Clerk of the Board
and
County Administration BuildingCosta County Administrator
651 Pine Street, Room 106 (925)335-1900
Martinez, California 94553-1293 County
John Gloia, 1"District `J
Gayle S. Uilkems,214 District
Donna Gerber, 31" District __-•.
Mark DeSaulnier, 40' District
Joe Canciamilla, 511, District
October 10, 2000
ry
The Honorable John Marquez, Chair
West Contra Costa Transportation Advisory Committee
13831 San Pablo Avenue
San Pablo CA 94808
Dear Chair Marquez:
Today the Contra Costa County Board of Supervisors rescinded its earlier approval of the proposed
amendments to the Joint Powers Agreement(JPA)governing the West Contra Costa Transportation
Advisory Committee (WCCTAC).
We understand there has been considerable discussion of the majority vote provision at recent
WCCTAC meetings. Our WCCTAC representative, Supervisor John Gioia, has informed us that
WCCTAC Board members are divided over the issue. Supervisor Gioia has expressed his interest in
ensuring that WCCTAC actions can be taken only when a majority of all Board members support the
action, not simply a majority of those present at a meeting. This is the same standard that applies to
city councils and boards of supervisors. It ensures that the majority formulates policy in all cases.
Our earlier approval of the JPA amendments was taken before we were aware of the concern over
this provision of the amendments. The Board of Supervisors discussed this issue at today's Board
meeting and voted to rescind our approval of the JPA amendments. We believe the public's interest
would be best served by maintaining WCCTAC's current voting provisions, which require six votes to
pass an item.
We look forward to continued participation in WCCTAC and the other regional transportation planning
committees, which provide a valuable forum for inter jurisdictional planning and coordination.
Si rely,
Donna er
Chair, Board of Supervisors
Cc: D. Barry, Community Development Director
J. Greitzer, Community Development Dept.
L. Hammon, WCCTAC
_.._...... ........_ . .. ... . ..
TO: Board of Supervisors —ZO7 COntre
FROM: Dennis M.Barry,AICP Costa
Development Director'
EXHIBIT A Count,
DATE: May 15, 2000
SUBJECT: Approve revised Joint Powers Agreement for West Contra Costa Transportat
Advisory Committee and authorize signatures
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATIC
RECOMMENDATIONS
Approve the revised Joint Powers Agreement for the West Contra Costa
Transportation Advisory Committee(WCCTAC)and authorize the Board Chair,
County Administrator and Cleric of the Board to sign the agreement for transmittal
to WCCTAC by June 23,2000.
FISCAL IMPACT
The County's membership dues in WCCTAC for FY 2000101 will be$14,978, an
increase of 1.8 percent over last year's dues.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The County participates in each of the four regional transportation planning
committees(WCCTAC, TRANSPLAN,TRANSPAC and SWAT)as part of the
Measure C transportation planning process. The County is a party to the joint
powers agreements(JPAs)that govern the regional transportation planning
committees. The WCCTAC JPA has been updated to reflect current
transportation initiatives and to make some minor administrative changes, as
described in Exhibit A. WCCTAC has requested that all member jurisdictions
return a signed JPA to WCCTAC by June 23, 2000. By signing the JPA, the
County will be agreeing to pay the dues shown in the Exhibit. The County's dues
are 10 percent of the total WCCTAC budget. The budget reflects increases of 3
percent to 5 percent in some line items for FY 2000/01 and the elimination or
reduction of other budget line items.
CONTINUED ON ATTACHMENT: YES SIGNATURE
ACTION OF BOARD ON May 23, 2000 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND
b UNANIMOUS(ABSENT 3 CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD C
ABSENT: ABSTAIN: SUPERVISORS ON THE DATE SHOWN.
Contact: John Greitzer (925/335-1201) ATTESTED May 23, 2000
cc: Community Development Department(CDD) PHIL BATCHELOR,CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
WCCT
EXHIBIT''A
w.st Contra coots rranspse.tton Aehr(a«r commit:o.
MEMORANDUM
El Cerrito TO: WCCTAC BOARD
FROM: LISA HAMMON, MANAGING DIRECTOR
DATE: APRIL 11, 2000 +
Hercules
RE: CHANGES TO WCCTAC JPA
P;n o I e This memorandum summarizes the changes made to the WCCTAC Joint Exercise of
Powers Agreement. The changes have been approved by WCCTAC's advising attorney
(see attached letter).
R i c h m o n d References to the Action Plan have been changed to the"Action Plan 2000
Update."
• References to the Program Manager have been changed to the Managing Director
throughout.
San Pablo
• A non-discrimination statement has been added (Section 14).
• Board member votes on action items was changed to a"majority of the members
present"instead of a"majority vote of 6."
a Board member terms were changed to start February 1. This date coincides with
new elected officials taking office in January and gives the Councils/Boards time
AC Transit to reorganize and designate the WCCTAC representative prior to February 1.
8 A R T
Contra Cast&
Countv
ONE ALVARADO SQE.ARE SA\P.ABLO • CA 94806
TEL 310.215.3035 FAX 510.235.7059
RESOLUTION 00-46
WCCTAC RESOLUTION ADOPTING THE FY 00-01 WCCTAC
OPERATIONS BUDGET,DUES STRUCTURE,AND
ADDRESSING :RELATED ISSUES
WHEREAS,the West Contra Costa Transportation Advisory Committee(WCCTAC),through a
"Joint Exercise of Powers Agreement,"is the'West Contra Costa Regional Transportation
Planning Committee;and
WHEREAS, WCCTAC's members include the cities of El Cerrito,Hercules,Pinole,Richmond,
and San Pablo;and the transit agencies AC Transit,BART,and WestCAT;and Contra Costa
County; and
WHEREAS,the WCCTAC is charged with assessing the transportation needs and coordinating
the actions of its members with regard to transportation issues; and
WHEREAS,the WCCTAC operations budget for FY 99-40 was $150,090 with$3,000 in
anticipated revenue for administrative oversight from the subregional transportation mitigation
program(developer fees); and
V41EREAS,the WCCTAC budget reflects increases in the range of 3%to 5%for FY 00-01 and
a reduction/elimination of certain budget line items; and
WHEREAS, the dues structure is as follows(with a comparison to FY 99-00):
Jurisdiction Percentage FY 99.00 Dues FY 00-01 Dues
City of Richmond 30% $44,127 $44,934
City of El Cerrito 10% $14,709 $14,978
City of Hercules 10% $14,709 $14,978
City of Pinole 10% $14,709 $14,978
City of San Pablo 10% $14,709 $14,978
County of Contra Costa 10% $14,749 $14,978
BART 10% $14,749 $14,978
AC Transit 9% $13,238 $13,480
WestCAT 1% $ 1,474 $ 1,498
WHEREAS, the FY 00-01 budget contains a$5,000 contingency for unidentified needs; and
WHEREAS, the budget for the Transportation Systems Management(TSM) program is fully
funded by AB 434 (the Bay Area Air Quality Management District's Transportation Fund for
Clean Air) and Contra Costa County Measure C dollars and is completely separate from the
WCCTAC Operations budget except for a percentage of staff salary and benefits; and
over...
WHEREAS,the FY 00-01 budget includes a 5%step increase for the Managing Director(to
Level B),the Administrative Assistant(to Level D),and the Transportation Project Manager(to
Level C)which will be referenced in the staff contracts for FY 00-01;and
WHEREAS, any unspent funds in FY 00-01 will be carried over to FY 00-02 and used for
working capital/reserve;and
NOW,THEREFORE,BE IT RESOLVED,that the WCCTAC approves the budget for
FY 00-01,the dues, staff/salary issues,and the dues payment deadline of July 1,2000 for all
participating agencies.
The foregoing Resolution was adopted by the WCCTAC at the regular meeting on April 21,2000.
Approved:
Q-4 t'r
ohn E. Marque W A hair
WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE lis- c�- 1
JOINT EXERCISE OF POWERS AGREEMENT
This restatement and amendment of the West Contra Costa
Transportation Advisory Committee (WCCTAC) Joint Exercise of
Powers Agreement (Agreement) is entered into on this
day of , 2000, by and between the City of
El 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 municipal corporation; the
County of Contra Costa, a political subdivision of the State of
California; the Alameda-Contra Costa Transit District, a transit
district organized and existing pursuant to the provisions of the
California Public Utilities Code; the San Francisco Bay Area
Rapid Transit District (BART) , a transit district organized and
existing pursuant to the provisions of California Public
Utilities Code; and the Western Contra Costa County Transit
Authority (West CAT) , a transit district organized and existing
pursuant to the provisions of California Public Utilities Code;
and restates in full those provisions of the original agreement,
except as amended herein.
WITNESSETH:
WHEREAS, in November 1988, 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
WCCTAC 0OINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 1
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 shall 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 a coordinated and
cooperative implementation of the West Contra Costa
Action Plan Update 2000;
(B) Participate in the development and implementation of
the Countywide Comprehensive Transportation Plan;
(C) Initiate "area specific" and/or "project 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";
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 2
'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;
i) Consider the development of expanded West Contra Costa
County transit services and Transportation Systems
Management (TSM) programs;
;I) Advise the Parties on transportation issues;
�) Coordinate the actions and responses of the Parties
with regard to transportation issues;
I*K) Formulate transportation policy statements;
L) Sponsor educational forums, workshops, TSM Coordinator-
training; and discussions on transportation matters;
;y) Develop and administer a West Contra Costa Regional TSM
program to encourage use of alternatives to single
occupant commute travel;
'N) Advise the Parties on TSM compliance issues;
Gather information necessary to carry out the foregoing
purposes;
Oversee the Subregional Transportation Mitigation
Program (STMP) ; and
,�)) Manage the Richmond Intermodal Station project .
2 . P=FINITIONS
Certain words as used in this agreement shall be defined as
`Sllows :
-} "Agency" shall mean each City and transit district and
the County which is a signatory to this agreement.
(S) "Board" shall mean the board constituted herein
pursuant to this agreement to administer and execute
this agreement .
:dCCTAC ."_:NT EXERCISd C= POWERS AGREEMENT (2/- /00) PAGE' 3
(C) "Congestion Management Program" shall mean the State
mandated program which establishes performance
standards and requirements for the transportation
system, creates a process to analyze the impact of land
use changes on regional transportation, and creates a
capital improvement program to maintain the regional
transportation system.
(D) "Countywide Comprehensive Transportation Plan (CCTP) "
shall mean a countywide plan required under Measure
"C" . The CCTP is created from the five regional
transportation planning committee action plans and is
updated every two years.
(E) "Subregional Transportation Mitigation Program" or
"STMP" shall refer to the program under which developer
fees are imposed on properties located in the West
Contra Costa County area for use in funding
transportation mitigation projects.
(F) "Transportation Systems Management" or "TSM" 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 .
(G) "TSM Ordinance" shall mean the Transportation Systems
Management 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 TSM
Program.
(H) "West Contra Costa Action Plan Update 2000" shall mean
the regional transportation plan update for West County
adopted 2000, required by Measure C, and
intended to create a framework for member agencies to
jointly and cooperatively address regional
transportation issues .
(I) "West Contra Costa Regional TSM Program" shall mean a
_ransportation Systems Management Program managed by
the WCCTAC staff on behalf of the member cities with
the purpose of reducing vehicle trips and increasing
ridesharing and transit usage.
TriCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 4
(J) "West Contra Costa Transportation Advisory Committee"
also referred to as "WCCTAC" shall mean the public and
separate entity created by this agreement.
(K) "West Contra Costa Transportation Advisory Committe®
Technical Advisory Committee" also referred to as
"WCCTAC-TAC" shall mean the technical advisory
committee to the West Contra Costa Transportation
Advisory Committee.
3. HEADINGS_
All headings contained herein are for convenience or
reference only and are not .intended to define or limit the
scope of any provision of this Agreement.
4 . EFFECTIVE DATE
This restatement and amendment of the WCCTAC Joint Exercise
of .Powers Agreement shall become effective upon execution by
the Agencies .
5. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY
COMMI'T'TEE
WCCTAC was formally created as a "Joint Powers Agency" in
1990 pursuant to California Government Code Section 6500.
Through this agreement it is hereby confirmed that the West
Contra Costa Transportation Advisory Committee (hereinafter
referred to as "WCCTAC") shall exercise in the manner
hereinafter set forth the powers common to each of the
member Agencies until this agreement is amended or
terminated. 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. Each Agency' 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.
6. POWERS
The powers of the WCCTAC shall include and be limited to the
fallowing:
WCCTAC JOINT EXERCaSE OF POWERS AGREEMENT (2/1/00) PAGE 5
(A) to annually adopt a work program along with a budget
setting forth all operational expenses for WCCTAC,
together with an apportionment of expenses allocated to
each Agency. The work program and budget of the WCCTAC
shall be prepared by April 1 and shall be submitted for
review to each member Agency prior to its adoption on
or about July 1. Each member Agency shall provide
com:.ents to WCCTAC staff concerning the WCCTAC work
program and budget by .lune 1 .
(B) to rake 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 deem necessary to carry out the
objectives of this agreement;
(E) to conduct studies;
(F) to develop and administer the West Contra Costa
Reg'onal TSM program;
(G) to periodically review transportation plans and TSM
programs and ordinances, and recommend changes thereto;
and
(H) to incur debts, liabilities, or obligations, subject to
limitations herein set forth.
7 . BOUNDARI=S
The boundaries of WCCTAC shall be the boundaries as shown in
Appendix A which is attached hereto and incorporated herein
by this reference.
8 . OVERALL CRGANIZATION
The WCCT=.v Board shall provide overall policy direction for
the coordinated implementation of the West Contra Costa
Action Pian Update 2000 and decision making for general
WCCTAC overations including implementation of the West
Contra Ccsta Regional TSM Program. The WCCTAC-TAC shall
provide _ ministrative guidance and technical review to the
WCCTAC JOINT EXE=.--ISE OF POWERS AGREEMENT (2/1/00) PAGE 6
Board. - Staff or consultants hired by WCCTAC shall report s'o1¢1�
directly to the WCCTAC Managing director and WCCTAC-TAC
Chair with consultation by the WCCTAC-TAC.
9. WCCTAC ORGANIZATION
(A) WCCTAC Board
WCCTAC shall be governed by the WCCTAC Board which
shall exercise 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.
(1) Members
(a) 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 E1 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; and
(iv) The governing bodies of AC Transit
and WestCAT shall jointly appoint
one member to serve on the Board.
(b) Upon execution of this agreement, the
governing body of each Agency shall appoint
the appropriate number of its elected
officials to serve as members of the Board
and an appropriate number of its elected
officials 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
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 7
alternate shall serve at the pleasure of the
governing body or bodies of the appointing
Agency or Agencies . If a member or alternate
ceases to be an elected official of the
member Agency, he or she shall then be
ineligible to serve on the WCCTAC Board, and
the Agency shall appoint a successor prior to
the next Board meeting. Each member and
alternate shall serve without compensation.
(2) Officers
The WCCTAC Board members shall select from the
WCCTAC Board a Chair and Vice Chair who shall hold
office for a period of one year, commencing
February 1; provided however, that in the event
that a member Agency removes from the Board a
member serving as an officer, the Board shall
appoint a member from the newly constituted Board
to fill the vacant office for the remainder of
that fiscal year.
(a) 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 .
(b) Vice Chair. The Vice Chair shall serve as
Chair in the absence of the regularly elected
Chair.
(c) Secretary. The WCCTAC Managing Director
shall serve as the Secretary and shall
prepare, distribute, and maintain minutes of
meetings of the WCCTAC Board, the WCCTAC-TAC
and any committees of the WCCTAC (or shall
contract for such services) . The Secretary
shall also maintain the official records of
the WCCTAC and shall file notices as required
by Paragraph 20 of this Agreement .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 8
�e�'le-j
(d) Treasurer. WCCTAC shall employ or contract
for the services of a Treasurer who shall:
(i) Report to the WCCTAC Managing
Director;
Receive and provide for the receipt
of all funds of the WCCTAC and
place them in the treasury to the
credit and for the account of the
WCCTAC;
(iii) Be responsible, upon an official
bond, for the safekeeping and
disbursement of all funds of the
WCCTAC;
(iv) Pay, when due, out of funds of the
WCCTAC, all sums payable on
outstanding Revenue Bonds and other
indebtedness of the Authority;
(v) Pay any other sum duly authorized
for payment from funds of the
WCCTAC;
(vi) Verify and report, in writing, on
the first day of July, October,
January, and April of each year to
the Board and each Member, as of
the end of the preceding month, the
amount of funds held for the
WCCTAC, the amount of receipts
since the last report and the
amount paid out since the last
report; and
(vii) Invest WCCTAC' s funds in the manner
provided by law and collect
interest thereon for the account of
the WCCTAC.
(3) Vote
(a) Authorized Voting Members
Each member or designated alternate shall be
authorized to vote.
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 9
......................
(b) WCCTAC Dusine.
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 Bl
Cerrito, Hercules, Pinole and San Pablo and
the County of Contra Costa shall have one
vote apiece; BART shall have one vote; and AC
Transit and WestCat shall jointly have one
vote. A majority vote of the quorum present
shall be required for the adoption of any
course of action related to the regular
business of the WCCTAC.
(c) Appointment of Representatives to the Contra
Costa Trans ortation Authorit
Decisions related to determining WCCTAC
appointments to the Contra Costa
Transportation Authority shall be made only
by the participating City and County
jurisidictions. In these cases,
participating cities and the County shall
each have one vote. A majority vote of four
shall be required for any WCCTAC decision
related to appointment of representatives to
the Contra Costa Transportation Authority.
(d ) Meetin s of the Board
(a) Basalar Meetings
The Board shall meet at least ten times
per year. The date, hour and place at
which each such regular meeting held
shall be determined by a majority vote
by the Board.
(b) Special Meetings
Special meetings of the Board may be
called in accordance with the provisions
of Section 54956 of the California
Government Code.
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 10
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(c) Notice of Meetings
All meetings of the Board shall be held
subject to the provisions of the Ralph
M. Brown Act, being California
Government Code Sections 54950, et seq. ,
and other applicable laws of the State
of California requiring notice of
meetings of public bodies to be given.
(d) 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.
(e) Quorum
A majority of the members of the Board
shall constitute a quorum for the
transaction of business .
(5) Bylaws
The Beard shall adopt from time to time such
bylaws, rules or regulations for the conduct of
its affairs as may be required.
(B) WCCTAC STAFF
(1) Composition
The WCCTAC shall have a staff consisting of a
Managing Director who shall serve as primary staff
person, a Transportation Project Manager and
clerical support. In addition, independent
consultants may be engaged on a continuing or
short-term basis, as needed. The Managing
Director shall report to the WCCTAC Chair.
(2) Additional Staff
Additional staff may be added with Beard approval
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (211100) PAGE 11
within the constraints of the then current fiscal
year budget.
(C) WCCTAC--TAC ORGANIZATION
(1) 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 or said City Managers '
designees; the District Managers of the
participating transit authorities . or said District
Manager' designees; and the County Administrator
for Contra Costa County or said County
Administrator' s designee. The WCCTAC-TAC shall be
chaired by a WCCTAC Managing Director.
(2) Duties
The WCCTAC-TAC shall study and discuss issues
pertaining to WCCTAC and shall make recommenations
to the WCCTAC concerning those issues . However,
the role of the WCCTAC-TAC in making
recommendations to the WCCTAC shall not be deemed
to preclude the WCCTAC from considering
recommendations from other bodies and concerned
individuals .
(3) Officers
The WCCTAC-TAC shall be chaired by the WCCTAC
Managing Director.
10 . SUPPORT SERVICES
Each of the Agencies shall strive to provide the necessary
support to the Board as may be necessary for the Board to
fulfill its duties .
11 . RESTRICTIONS UPON EXERCISE OF POWER OF BOARD
This agreement is entered into under the provisionis of
Title 1, Division 7, Chapter 5, Article I, Section 6500, et
seq. , of the California Government Code, concerning joint
powers agreements . The powers to be exercised hereunder
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 12
shall be subject to the restrictions upon- the manner of
exercising the power of the City of San Pablo.
12 . 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 depositary and to have
custody of all WCCTAC funds from whatever source, and to
perform the following functions, unless the WCCTAC Board
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 Managing Director. There shall
be a limit of $10, 000 on the amount of warrants which
can be issued without Board approval .
(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 Board. The
Treasurer of WCCTAC funds shall have custody of all
WCCTAC funds and shall verify and report in writing on
the first day of October, January, and April of each
year; and within ninety (90) days after the close of
the fiscal year ended June 30th, to the Board and to
the participating Agencies 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 annually in compliance with Section 6505 of
the Government Code by an independent certified public
accountant qualified to perform on behalf of the joint
power authorities . 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 .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 13
(E) The Managing Director and the Treasurer are hereby
designated as the persons who have charge of and access
to the property of WCCTAC. Each such person shall file
with the Board an official bond in an amount to be
fixed by the Board. The costs of the bonds shall be
paid by WCCTAC.
13 . OBLIGATIONS OF THE AGENCIES
Each Agency shall:
(A) Be liable to the WCCTAC for, 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 Managing Director. The
proportionate share of each Agency shall be determined
according to the following formula:
City of Richmond 30%
City of El Cerrito 10%
City of Hercules 10%
City of Pinole 10%
City of San Pablo 10%
County of Contra Costa 10%
San Francisco Bay Area
Rapid Transit District 10%
Alameda-Contra Costa
Transit District 9%
WestCAT 1%
(B) The WCCTAC will recommend a budget to member Agencies
each Fiscal Year. Based upon the formula set forth in
Paragraph (A) above, during the Fiscal Years 1993
through 1996, the proportionate share of each member
Agency' s annual share shall not exceed the following.
City of Richmond $26, 500
City of El Cerrito 9, 500
City of Hercules 9, 500
City of Pinole 9, 500
City of San Pablo 9, 500
County of Contra Costa 9, 500
San Francisco Bay Area
Rapid Transit District 9, 500
Alameda-Contra Costa
Transit District 6, 550
WestCAT 950
TOTAL $95, 000
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (211/00) PAGE 14
(C) Commencing on July 1, 1994, and continuing with each
July 1 thereafter, the WCCTAC shall approve a budget
which reflects tithe annual costs and the proportionate
share of required funding to be provided by each member
Agency.
(D) WCCTAC members shall be invoiced annually in May in
advance for the next fiscal year and their share shall
be payable immediately.
14 . ETON-DISCRIMINATION STATEMENT
WCCTAC promotes equal opportunities in the work place.
WCCTAC is an equal opportunity employer and does not
discriminate based on an applicant' s, employee' s or
contractor' s race, color, religion, sex, sexual orientation,
national origin, citizenship, age, physical or mental
disabilities, or any other characteristic protected by state
or federal law.
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 made by 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
that notice of termination is received, which exceeds the
withdrawing Ageny' s contribution under Paragraph 13; 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 13 .
17 . TERMINATION
(A) This agreement shall remain in effect indefinitely
unless amended or terminated as provided hereunder.
(B) This agreement may be terminated by the affirmative
vote of the governing bodies of not less than two-
thirds of all member Agencies .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 15
18 . MENDMENTS
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 governing body of each Agency. Notices
to WCCTAC shall be sent to the WCCTAC Board at:
WCCTAC
13831 San Pablo Avenue
San Pablo, CA 94806
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 Sections
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, these signatures attest the parties '
agreement to the provisions of this Joint Exercise of Powers
Agreement .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (211100) PAGE 16
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CITY OF EL CERRITO
Executed on 2000, at
California.
Attest:
Mayor
City Manager
City Clerk
Approved as to form:
City Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 17
I---------------------- ...............................................
CITY OF HERCULES
Executed on 2000, at ,
California.
Attest:
Mayor
City Manager
City Clerk
Approved as to form:
City Attorney
WCCTAC :DINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 18
CITY OF PINOLE /
Executed on 2000, at
California.
Attest:
Mayor
City Manager
City Clerk
Approved as to form:
City Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 19
CITY OF RICHMOND
Executed on , 2000, at
California,
Attest:
Mayor
City Manager
City Clerk
Approved as to form:
City Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 20
CITY 0 BLO
Executed on 2000, at
California.
Attest:
Mayor
City Manager
City Clerk
Approved as to form:
City Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 21
CoyNTY OF CONTRA COSTA
Executed on 2000, at
California.
Attest:
Chair, Board Z9 Supervisors
C
County Administrator
Clerk of the Board of Supervisors
Approved as to form:
� '& �
geyally County Counsel
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 22
ALAMEDA-CONTRA COSTA TRANSIT DISTRICT
Executed on 2000, at
California.
1
Attest:
Board Chair
District Manager
Clerk of the Board
Approved as to form:
Legal Counsel
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 23
_. s:,,,,.. :.,.... ..... :_ ::
y SAN PTANCISCO SAY
RAPD �'�tANSIT DISTRICT
Executed on 2000, at
California.
Attest:
Board Chair
District Manager
Clerk of the Board
Approved as to form:
Legal Counsel
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 24
WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY
Executed on 2000, at
California.
Attest:
Board Chair
Authority Manager
Clerk of the Board
Approved as to form:
Legal Counsel
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (2/1/00) PAGE 25
......................... ............................ ....................
The Board of Supervisorsntra Phil Batchelor
Clerk of the Board
G.
County Administration Building Cos}r, and
Costa County Administrator
651 Pind Street, Room 106 (925)335-1900
Martinez, California 94553-1293 Couniv
Jdhn Gioia, V'District
Gayle B.Ulikema,?d District
Donna Gerber, 31d District
(Nark DeSaulnier, 41 District �
Joe Canclamilla, 50' District EXHIBITZ
ww
October 10, 2000
The Honorable John Marquez, Chair
West Contra Costa Transportation Advisory Committee
13831 San Pablo Avenue
San Pablo CA 94806
Dear Chair Marquez:
Today the Contra Costa County Board of Supervisors rescinded its earlier approval of the proposed
amendments to the Joint Powers Agreement (JPA) governing the West Contra Costa Transportation
Advisory Committee (WCCTAC).
We understand there has been considerable discussion of the majority vote provision at recent
WCCTAC meetings. Our WCCTAC representative, Supervisor John Gioia, has informed us that
WCCTAC Board members are divided over the issue. Supervisor Gioia has expressed his interest
in ensuring that WCCTAC actions can be taken only when a majority of all Board members support
the action, not simply a majority of those present at a meeting. This is the same standard that applies
to city councils and boards of supervisors. It ensures that the majority formulates policy in all cases.
Our earlier approval of the JPA amendments was taken before we were aware of the concern over
this provision of the amendments. The Board of Supervisors discussed this issue at today's Board
meeting and voted to rescind our approval of the JPA amendments. We believe the public's interest
would be best served by maintaining WCCTAC's current voting provisions, which require six votes
to pass an item.
We look forward to continued participation in WCCTAC and the other regional transportation planning
committees, which provide a valuable forum for inter-jurisdictional planning and coordination.
Sincerely,
Donna L. Gerber
Chair, Board of Supervisors
Cc: D. Barry, Community Development Director
J. Greitzer, Community Development Dept.
L. Hammon, WCCTAC