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Home My WebLink AboutMINUTES - 12182001 - C.123-- C /a 3 TO: BOARD OF SUPERVISORS FROM: FEDERAL GLOVER, DISTRICT IV, DONNA GERBER, DISTRICT III DATE: December 18, 2001 SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a Joint Powers Agreement establishing the East County Transportation Improvement Authority. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute on behalf of the County, the Joint Powers Agreement establishing the East County Transportation Improvement Authority, which increases the East County regional transportation fees to$7,500 per single-family dwelling unit and $1.00 per square foot for non-residential uses as well as expanding the project list covered by the program, East County area. Continued on Attachment: X SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD OW: �eel"h,,r lf3av APPROVED AS RECOMMENDED_� OTHER l J . PLE0.ER: Carol Victor., City of Pitt :bur!,,, "5 Civic _..';venue, Pitt_bur.g I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the VOTE OF SUPERVISORS Board of Supervisors on the date shown. _ UNANIMOUS (ABSENT,/�c�Y►P_ ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: J? eern JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator LT:je G:\TransEng\2001\ECCRFFA\B0 ECCRFFA Trans Improve Aulhority.doc Orig.Div: Public Works(TE) Contact: Lowell Tunison (925)313-2382 By , Deputy cc: M.Shiu,Deputy PWD Public Works Accounting County Audit-Controller County Treasurer Cities of Antioch,Brentwood,and Oakley 11 SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute a Joint Powers Agreement establishing the East County Transportation Improvement Authority. DATE: December 18, 2001 PAGE 2 II. Financiallmpact: There will be no financial impact to the general fund. Revenue generated is from dedicated fees imposed on building permits for new uses. III. Reasons for Recommendations and Background: The current East County regional transportation fee is incorporated into Joint Powers Agreement, which established the East Contra Costa Regional Fee and Financing Authority (ECCRFFA). It currently is set at $5,300 per single-family dwelling unit and fees between 34 - 65 cents for non- residential uses, which are assessed at building permit issuance. It includes projects on State Route 4 East, State Route 4 Bypass and Buchanan Road Bypass. The Board of Directors of the ECCRFFA have recommended to the member agencies that they amend that Joint Powers Agreement to increase the fees to $7,500 for single family residential unit and $1.00 per square foot for non-residential use. They have also recommended that the scope of projects be increased to provide for other critical and important regional transportation projects. The Board of Supervisors approved this in concept on October 9, 2001. All East County agencies have concurred with the recommendation except Pittsburg. This necessitates the establishment of a new joint powers authority that supplements the program of the ECCRFFA by the increased project list and increased fee base. This new fee would apply to the Cities of Antioch, Brentwood, and Oakley and the unincorporated areas of East County. IV. Consequences of Negative Action: Failure to approve the Amendment leaves the existing program intact but does not increase the scope of the projects nor speed project delivery. JOINT EXERCISE OF POWERS AGREEMENT BY AND AMONG THE CITY OF ANTIOCH, THE CITY OF BRENTWOOD, THE CITY OF OAKLEY, AND THE COUNTY OF CONTRA COSTA RELATING TO THE EAST COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY EAST COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, dated 12'-48-20Ll , by and among the CITY OF ANTIOCH, a municipal corporation under the laws of the State of California, the CITY OF BRENTWOOD, a municipal corporation under the laws of the State of California, and the CITY OF OAKLEY, a municipal corporation under the laws of the State of California, (the "Cities"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the "County"). WITNESSETH: WHEREAS, Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes the Cities and the County to create a joint exercise of powers entity that has the power to jointly exercise the powers common to the Cities and the County; WHEREAS, the Cities and the County are each empowered by law to undertake certain projects and programs; WHEREAS, the Cities and the County are authorized to issue bonds, expend bond proceeds, and borrow and loan money for certain public purposes pursuant to the Government Code of the State of California; WHEREAS, Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Bond Pooling Act of 1985") authorizes and empowers the Authority to, among other things, (i) issue bonds (as defined in Section 6585 (c) of the Law) and to expend or loan the proceeds thereof to the Cities or the County, (ii) finance the acquisition and or construction of public capital improvements, and (iii) purchase bonds issued by the Cities or the County, all for the purpose of financing public capital improvements, working capital, liability and other insurance needs, or certain other projects whenever there is significant public benefit, as determined by the Cities or the County; WHEREAS, the Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell bonds so purchased to public or private purchasers at public or negotiated sale; WHEREAS, the Cities and the County with the City of Pittsburg have established the East Contra Costa Regional Fee and Financing Authority (ECCRFFA), a joint exercise of powers entity, which has a scope of projects that the Cities and County desire to supplement; and WHEREAS, the revenue from the ECCRFFA is not sufficient to meet the funding needs for regional facilities and studies have identified new projects that are needed to accommodate anticipated growth in East County; and - WHEREAS, an alternative to increasing in the fee schedule contained in the ECCRFFA Agreement, the Cities and the County wish to supplement the funds raised in the ECCRFFA JEPA on the State Route 4 and State Route 4 Bypass Projects and additional regional projects with increased building permit fees contained in this Agreement; and 1 WHEREAS, by this Agreement, the Cities and the County desire to create and establish the East County Transportation Improvement Authority for the purposes set forth herein and to exercise the powers described herein; NOW, THEREFORE, the Cities and the County, for and in consideration of the mutual promises and agreements contained herein, do agree as follows: SECTION 1 DEFINITIONS Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Agreement have the meanings specified herein. "Authority" means the East County Transportation Improvement Authority created by this Agreement. "Board" means the governing board of the Authority. "Bond Purchase Agreement" means an agreement of the Authority to purchase bonds of either one or more of the Cities or the County solely from funds received from the Authority's simultaneous sale of such bonds to the purchaser or purchasers named therein, on the terms and conditions set forth therein. "City" and "Cities", individually and collectively respectively, means the City of Antioch, the City of Brentwood, and the City of Oakley, each of which is an existing municipal corporation under the laws of the State of California. "County" means the County of Contra Costa, a political subdivision of the State of California. "East Contra Costa Regional Transportation Planning Committee" means the planning committee authorized under the provisions of the Measure C Ordinance and Expenditure Plan for the east County. "Law" means Articles I, 2, 3, and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (Sections 6500-6599). "Measure C Ordinance and Expenditure Plan" means the measure submitted to and approved by the voters of the County at the November, 1988, general election. "Program" means the program of uniform sub-regional fees to be adopted by the Cities and the County for the purpose of funding the Projects. "Projects" means the projects identified in Attachment 2 to the Agreement, which is incorporated herein by this reference. "Region" means east County, including the territories of the Cities and the unincorporated portion of the County, the boundaries of which are generally coterminous with the boundaries of the East Contra Costa Regional Transportation Planning Committee, excluding the incorporated area of the City of Pittsburg. 2 SECTION 2 PURPOSE This Agreement is made pursuant to the Law for the purposes set forth below: A. To establish a uniform regional development fee program within the Region as more fully set forth in Attachment 1 to this Agreement, which attachment is incorporated herein by this reference, and to coordinate planning and implementation of the Program within a single public agency. B. To identify Projects to be funded by the uniform regional development fee solely or in conjunction with other funding sources as more fully set forth in Attachment 2 to this Agreement, which attachment is incorporated herein by this reference. C. To establish funding goals for the Projects and to seek commitments from the parties to this Agreement regarding funding for the Projects as more fully set forth in Attachment 2. D. To establish an implementation schedule for the Projects as more fully set forth in Attachment 2. E. To establish fee collection, financing, and management mechanisms and to formalize institutional arrangements for the implementation of the Program as more fully set forth herein and in Attachment 1. F. To exercise all the powers referred to in the recitals hereof and described more fully in Section 5 herein. SECTION 3 TERMINATION; WITHDRAWAL; ADDITION OF NEW PARTIES A. This Agreement shall become effective as of the date hereof and shall continue in full force until terminated by a supplemental agreement of the parties hereto, provided that in no event shall the Agreement terminate while any payments are due by any City or by the County to the Authority under any lease or sale of any real or personal property from the Authority to the City or the County or while any bonds of the Authority issued pursuant to the Law are outstanding. B. Any party hereto may withdraw from this Agreement upon 60 days written notice to the other parties; notwithstanding such withdrawal, the withdrawing party shall continue to be obligated with respect to amounts necessary to repay any bonds of the Authority issued pursuant to the Law while the withdrawing party was a party to the Agreement and shall be subject to assessment to the extent that the withdrawing party received funding in excess of its total contributions to the Authority. C. If a new city is proposed to be incorporated, the boundaries of which are wholly or partially within the Region, the Authority will request that the Local Agency Formation Commission for the County require, as a condition of approval of incorporation, that the new city become a successor to the County with respect to the territory of the County within the boundaries of the new city and that the new city be required to join the Authority as a party hereto, subject to the new city having representation on the Board equal to that of the Cities and the County (upon admission to the Authority, each new city shall be referred to as a "City" herein). D. If the City of Pittsburg requests, by a majority vote of the City Council, membership in the Authority and if this request is accompanied by a city ordinance incorporating the fee schedule contained in Attachment 1, the City of Pittsburg shall be admitted to the Authority under the following conditions: 3 1. The City of Pittsburg shall contribute to the Authority an amount of money equivalent to the total impact fees that would have been collected in that jurisdiction had the City been a member of the Authority from the effective date of this Agreement. 2. In addition, on this amount, the City of Pittsburg shall pay an amount of money equivalent to the interest, which would have accrued to the Authority, had those funds been collected from the effective date of this Agreement. The rate of interest shall be equal to the rate earned by the Local Agency Investment fund over the same period. E. The Authority shall continue to exercise the powers herein conferred upon it until the termination of this Agreement or until the Cities and the County shall have rescinded this Agreement. Termination will require the unanimous approval of the Cities and County. SECTION 4 THE AUTHORITY A. Creation of Authority There is hereby created pursuant to the Law an agency and public entity to be known as the "Regional Fee Authority". As provided in the Law, the Authority shall be a public entity separate from the Cities and the County. The debts, liabilities, and obligations of the Authority shall not constitute the debts, liabilities, or obligations of the Cities or the County. Within 30 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement and,any amendment hereof to be prepared and filed with the office of the Secretary of State of the State of California in the manner set forth in Section 6503.5 of the Law. B. Governing Board. The Authority shall be administered by the Board, whose members shall be elected board or council members from the Cities and the County. Each party to this Agreement shall have one representative on the Board. Each board member shall be appointed by the governing body of the party which such member represents. Members of the Board shall serve at the pleasure of their respective governing bodies, provided that, in any event, the term of office as a member of the Board of any board member shall terminate when such member shall cease to be an elected official of the governing body of the party which such member represents. Members of the Board shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member if the Board shall determine that such expense shall be reimbursed and there are unencumbered funds available for such purpose. If requested by the Authority, the County or the Cities will provide staff to support the activities of the Authority, the costs of such staff to be reimbursed by the Authority from its funds. The Authority shall establish a Technical Advisory Committee to be comprised of one technical staff member from each party and such other technical participants as shall be determined by the Authority to be advisable or necessary. The Technical Advisory Committee shall provide technical assistance, review, and oversight, on an advisory basis, of the Authority's Program and Projects. C. Meetings of Board (1) Regular Meetings. The Board shall hold a regular meeting on the second Thursday of each January, April, July, and October and, by resolution of the Board, may provide for the holding of regular meetings at more frequent intervals, provided that, if the Chair determines that there will be no business to 4 transact at any regular meeting, such regular meeting may be canceled. The hour and place at which each such regular meeting shall be held shall be fixed by resolution of the Board. (2) Notice. All meetings of the Board shall be called, noticed, held, and conducted subject to the provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (Sections 54950- 54961) or any successor legislation hereinafter enacted. (3) Minutes. The Secretary of the Authority shall cause minutes of all meetings of the Board 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 the County and the Cities. (4) 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 meetings from time to time. D. Officers: Duties: Bonding. (1) The Board members shall select from the members a Chair who shall serve as Chair of the Authority and a Vice Chair who shall serve as Vice Chair of the Authority. The Chair and the Vice Chair shall have the duties set forth in the by-laws of the Authority. (2) The Secretary of the Authority shall be the County Public Works Director. The Secretary shall keep the records of the Authority, shall act as Secretary at the meetings of the Authority, shall record all votes, shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. (3) The Treasurer, who performs the function of Treasurer for the County, is hereby designated as Treasurer of the Authority. Subject to the applicable provisions of any indenture or resolution providing for a trustee or other fiscal agent, the Treasurer shall be the depository of the Authority to have custody of all the money of the Authority, from whatever source, and, as such, shall have the powers, duties, and responsibilities specified in Section 6505.5 of the Law. (4) The Auditor Controller, who performs the functions of auditor and controller for the County, is hereby designated as Controller of the Authority, and , as such, shall have the powers, duties, and responsibilities specified in Section 6505.5 of the Law. The Controller shall draw checks to pay demands against the Authority when the demands have been approved by the Authority. (5) The County shall be reimbursed upon approval of the Board of charges to be made against the Authority for the services of the Treasurer and Controller. (6) The Treasurer and Controller of the Authority are designated as the public officers or persons who have charge of, handle, or have access to any property of the Authority, and each such officer shall file an official bond in the amount each such officer determines is necessary as required by Section 6505.1 of the Law. (7) The Treasurer and Controller of the Authority are hereby authorized and directed to prepare or cause to be prepared: (a) a special audit as required pursuant to Section 6505 of the Law every year during the term of this Agreement and (b) a report in writing on the first day of February, May, August, and November of each year to the Board, the Cities, and the County, which report shall describe the amount of money held by the Treasurer and Controller of the Authority for the Board, the amount of receipts since the last such report, and the amount paid out since the last such report. 5 (8) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants, and accountants. SECTION 5 POWERS The Authority shall have all of the powers granted to joint exercise of powers entities in Articles 2 and 4 of the Law. Additionally, the Authority is authorized, in its own name, to do all that is necessary for the exercise of said powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to sue and be sued in its own name; to acquire real property and improvements thereon by the power of eminent domain or any other lawful means; and to sell and lease real and personal property to the Cities and the County and to buy and hire real and personal property from the Cities and the County. Except as otherwise provided herein, such power shall be exercised subject only to such restrictions upon the manner of exercising such power as are imposed upon the [Cities or the County] in the exercise of similar powers, as provided in Section 6509 of the Law. Notwithstanding the foregoing, the Authority shall have any additional powers conferred under the Law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 2 hereof. SECTION 6 FISCAL YEAR Unless and until changed by resolution of the Board, the fiscal year of the Authority shall be the period from July 1 of each year to and including the following June 30, except for the first fiscal year, which shall be the period from the date of this Agreement to and including the following June 30. SECTION 7 DISPOSITION OF ASSETS At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 3E hereof, all assets of the Authority shall be distributed to the parties, subject to Section 8 hereof, rp o rata in accordance with their respective total contribution of regional fees and other funds to the Authority. SECTION 8 CONTRIBUTIONS AND ADVANCES Contributions or advances of public funds and of personnel, equipment, or property may be made to the Authority by the Cities and the County for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such contribution or advance shall be made subject to repayment and shall be repaid in the manner agreed upon by a City or the County, as the case may be, and the Authority at the time of making such contribution or advance. It is mutually understood and agreed that, except as otherwise expressly provided in this Agreement, neither any City nor the County has any obligation to make contributions or advances to the Authority to provide for the costs and expenses of administration of 6 the Authority even though any may do so. The Cities and the County may allow the use of personnel, equipment, or property in lieu of other kinds of contributions or advances to the Authority. SECTION 9 AGREEMENT NOT EXCLUSIVE This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between any of the Cities and the County, except as the terms of this Agreement shall conflict therewith, in which case the terms of this Agreement shall prevail. SECTION 10 ACCOUNTS AND REPORTS The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority shall be open to inspection at all reasonable times to the representatives of the Cities and the County. The Authority shall give a written audit report of all financial activities for each fiscal year to the Cities and the County within twelve (12) months after the close of each fiscal year. To the extent required by Section 6505.6 of the Law, the Controller of the Authority shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority in compliance with Section 6505.6 of the Law. 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 of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof .shall be filed as public record with the Cities and the County and, if required by Section 6505.6 of the Law, with the Auditor/Controller of the County. Such report shall be filed within twelve (12) months of the end of the fiscal year or years under examination. Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants, in making an audit pursuant to this Section shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for the purpose. In any year the Authority may, by unanimous request of the Board, replace the annual special audit'with an audit covering a two-year period. SECTION 11 CONFLICT OF INTEREST CODE The Conflict of Interest Code for the Authority shall be the Conflict of Interest Code for the County. SECTION 12 BREACH If default shall be made by any City or the County of any covenant contained in this Agreement, such default shall not excuse either the City or the County from fulfilling its obligations..under this Agreement and the City or the County shall continue to be liable for all payments and the performance of all other covenants contained in this Agreement. The Cities and the County hereby declare that this Agreement is entered into for 7 the benefit of the Authority created hereby and that the Cities and the County hereby grant to the Authority the right to enforce this Agreement by whatever lawful means the Authority deems appropriate. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. SECTION 13 SEVERABILITY Should any term, condition or covenant of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining terms, conditions, or covenants hereof shall not be affected thereby. SECTION 14 SUCCESSORS; ASSIGNMENT This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of all the other parties. SECTION 15 AMENDMENT OF AGREEMENT This Agreement may be amended by a supplemental agreement executed by the Cities and County at any time, provided however that no such amendment shall be entered into if such an amendment would conflict with the provisions of any bonds (as defined 1 by Section 6585{c) of the Law), indenture, trust agreement, contract or other agreement security relating to any outstanding bonds of the Authority issued pursuant to the Law. SECTION 16 FORM OF APPROVALS Whenever an approval is required in this Agreement, unless the context specifies otherwise, it shall be given, in the case of the County, by resolution duly and regularly adopted by the members of the Board of Supervisors, and, in the case of any City, by resolution duly and regularly adopted by the City Council of the City, and, in the case of the Authority, by resolution duly and regularly adopted by the Board. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. SECTION 17 NOTICES Notices to a City hereunder shall be sufficient if delivered to the City Clerk and notices to the County hereunder shall be sufficient if delivered to the Clerk of the Board of Supervisors. 8 SECTION 18 SECTION HEADINGS All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, with their official seals to be hereto affixed, as of the day and year first above written. COUNTY OF CONTRA COSTA CITY OF BRENTWOOD By By. Ch r, Board upervisors Attest: John Sweeten Attest: Clerk of the Board of Supervisors City Clerk And Co my Administrator By: By. CITY OF ANTIOCH CITY OF OAKLEY By: By: Attest: Attest: City Clerk City Clerk By: By: LT:je G:\GrpData\TransEng\2001\ECCRFFA\FEE JEPA 2.r1t 9 Attachment 1 To East County Transportation Improvement Authority Joint Exercise of Powers Agreement IMPLEMENTATION OF DEVELOPMENT FEE PROGRAM A. Imposition and Modification of Fee: Credit for Existing Congestion Mitigation Developer Fees. In order to fund the Program and Projects of the Authority, the parties agree that the following developer fee schedule shall be implemented, effective within 60 days of the effective date of this Amendment, by each of the parties. The fees are payable at the time of issuance of building permits: Type of Use Fee Units Fee Amount Single family residential Per dwelling unit $7,500 units, duet homes, and residential condominiums Multiple family residential Per dwelling unit $4,600 Commercial Per square foot of gross $1.00 floor area Office Per square foot of gross $1.00 floor area Industrial Per square foot of gross $1.00 floor area Other Per peak hour trips as $7,500/pht determined Credit shall be granted for building permit fees assessed in accordance with the Joint Powers Agreement, which established ECCRFFA. The fees for uses not listed shall be determined by the governing jurisdiction through information generated by appropriate traffic studies conducted in accordance with ITE standards and applicable Authority policies. The methodology for conducting these studies shall be approved by the Authority. Effective January I, 2003, and on each subsequent January 1, each party shall increase the amount of each of the fees set forth above, over the amount in effect, for the next preceding calendar year by the amount of the increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the period. ending September 30 of the preceding year. 10 Credit may be granted against the payment of the fee for the construction of a usable section of any of the Projects identified in the Agreement. The amount of credit shall be the .cost of construction of the portion of the given project and the cost of the land acquired to complete the segment, as determined by the Authority. No credit shall be granted for any lands that are required to be dedicated as specified in Attachment "2", Section B. B. Pledge of Fees as Security for Bonds. If the Authority determines that one or more bond issues are to be sold to advance Projects or for any other Program purpose, bonds shall be secured by the fees provided for in this Section. Without limiting the generality of the power of the Authority to issue bonds and other instruments, the parties may agree, with the consent of any affected party, to pledge payment to the Authority of other revenues, including Proposition 111 .gas tax remissions and Measure C return-to-source funds, as additional security for the Authority's repayment of the bonds. C. Fee Collection and Management. Fee revenues received by the parties shall be disbursed monthly by the parties to the Authority. Fees and other revenue shall be held by the Authority in a general fund account; bond proceeds shall be held in accordance with the applicable indenture and may be invested, consistent with the provisions of the applicable indenture, in accounts such as the CAMP or LAIF fund. Interest accruing on funds held in such accounts shall, subject to any provision in an applicable indenture, and accrued interest on funds held in the general fund account, shall be deemed general funds available for any lawful purpose of the Authority. Unless otherwise agreed by the parties hereto, the total obligation of each party shall be the contribution of fees collected by that party from owners seeking issuance of building permits as provided for in this Section. The obligation to contribute fees to the Authority shall terminate on the date on which the Projects have been fully funded and completed, or such earlier date as may be permitted under Section 3 of the Agreement. LTje G:1GrpDatalTransEng120011ECCRFFAUEPAattachment 1.doc �: 11 Attachment 2 To East County Transportation Improvement Authority Joint Exercise of Powers Agreement PROJECTS; FUNDING COMMITMENTS; AND ELIGIBLE COSTS; IMPLEMENTATION SCHEDULE A. List of Projects. The fees provided for in this Agreement shall be used exclusively for the following Projects, each of which is a highway or arterial improvement of sub-regional or regional significance: (i) Expansion of capacity of State Route 4 between Bailey Road in Pittsburg and the junction of Route 4 and State Route 160 in Antioch ("State Route 4 Improvements"). Project sponsors shall be the Cities of Antioch and the County. (ii) Acquisition of right-of-way and construction of the State Route 4 Bypass (Delta Expressway), extending from the junction of Route 4 and Route 160 in Antioch to Highway 4 south of Brentwood. Project sponsor shall be the Cities of Brentwood, Antioch, Oakley, and the County. (iii) Acquisition of right-of-way and construction of a roadway connector between the Laurel Road interchange and Laurel Road in the City of Oakley ("Laurel Road Connector"). Project sponsors shall be the Cities of Oakley and Antioch. (iv) Acquisition of right-of-way and construction of a roadway connector between Vasco Road and Byron Highway south of Byron and north of the Byron Airport ("Vasco-Byron Connector"). Project sponsor shall be the County. (v) Project development and right-of-way protection of the Byron Highway ("Route 239 Corridor"). Project sponsor shall be the County. (vi) Planning and construction of operational and safety improvements to Vasco Road south of the intersection with the State Route 4 Bypass ("Vasco Road Safety and Operational Improvements"). Project sponsor shall be the County. (vii) Planning and construction of improvements including widening to four lanes city streets in Antioch, and unincorporated Contra Costa County that are parallel to State Route 4. The "North Parallel Arterial Group" may include the widening to four-lanes of the Pittsburg-Antioch Highway, 10th Street, Willow Paso Road, and the extension of Evora Road to Port Chicago Highway. The "South Parallel Arterial Group" may include the widening to four- lanes of West Tregallas, Fitzueren, Delta Fair, and Buchanan Roads in the City of Antioch. Project sponsors shall be the City of Antioch and the County. 12 (viii) The planning, development, and acquisition of capital improvements for a commuter rail system ("Commuter Rail"). Project sponsors shall be the County and the Cities of Oakley, Antioch and Brentwood. (ix) Planning and construction of widening to four-lanes of the existing State Route 4/Main Street between Lone Tree Way and Vintage Parkway. Project sponsors shall be the City of Oakley, City of Brentwood,and Contra Costa County. In the event that the Authority determines that one or more of the Projects cannot proceed, substitute projects may be implemented, subject to nomination by one or more of the sponsoring jurisdictions for the Project to be replaced and to approval by the Authority upon a finding that the substitute project mitigates the same impact as the project being replaced. Eligible replacement projects shall be of regional significance, be a portion of a "Route of Regional Significance" as defined in the Measure C program, and shall not receive funding under the Program in an amount in excess of the amount allocated to the replaced Project set forth in Section B. below. B. Funding Commitments and Eligible Costs. Program revenues shall be available for all necessary Project costs through completion of construction. Costs include, but are not limited to, environmental clearance, conceptual engineering, traffic studies, design, right of way acquisition, utility relocation, litigation and settlement costs and costs of construction. Administrative costs shall not exceed 1% of Program revenues. Administrative costs include the administration of duties included in the Agreement. Eligible Project costs will be determined by the Authority based on cost guidelines and other criteria to be developed by the Authority. Where the Authority deems it advisable in order to avoid undue burdens on Project sponsors, the Authority may provide Project expenses in advance on a monthly, quarterly, or other basis. Project costs will otherwise be reimbursed pursuant to procedures to be determined by the Authority. Project sponsors, as a condition of Project funding through regional fees, commit to protect Project rights of way by, among other things, requiring dedication of right of way as a condition of land use entitlement approval or otherwise, pending Project commencement. Project sponsors further commit not to take actions that could adversely impact the cost of Projects, including, but not limited to, utility location or relocation, public development, and the granting of easements in a proposed right of way. The right of way dedication policy is as follows. Properties along or fronting the Projects identified in this Agreement shall be required to dedicate right of way up to 110 feet wide as measured from the centerline of the adopted precise alignment with no credit or compensation from the regional fee. Any additional right-of-way in excess of the 110 foot width may be either credited toward the regional fee or compensated. However, in circumstances where the allowable density has been transferred off the right of way area, then no compensation or credit will be granted for the right of way dedicated. The Authority shall develop policies that will encourage the early dedication of lands that are required under this provision. _. 13 Any costs of defense and any liability incurred in connection with implementation of the regional fee proposal shall be borne by the Authority. The Authority agrees to the fullest extent legally permitted to indemnify and hold harmless the parties to this Agreement from any liability, loss, costs, and claims related to the adoption or implementation of the regional fee program. Fee revenues and any other revenues transferred to the Authority by the parties pursuant to this Agreement may be used for this purpose. C. Implementation Schedule. Subject to environmental clearance, right of way acquisition and dedication, utility relocation, and other factors, the timing of which may be beyond the control of the Authority, and subject to the availability of regional fee and other funding sources as may be required, the following implementation guidelines shall apply to Project development. (i) The schedule for State Route 4 improvements shall be designed to match other funds provided by the Contra Costa Transportation Authority, the State of California, and other sources to promote timely implementation of improvements. The Projects shall be logically phased to provide maximum traffic congestion relief and to promote system continuity with the Willow Pass Grade Lowering and Bailey Road projects. All parties recognize the importance and priority of improving the SR4/Hillcrest interchange. (ii) The parties intend that funding will be provided to support steady progress in construction of the State Route 4 Bypass and every effort will be made to initiate construction on an initial project segment within the first five years following execution of this Agreement. (iii) The Authority shall prepare, adopt, and periodically update a Strategic Plan for implementation of the Projects, reflecting current information on Project costs and schedules, the availability of other revenue sources, the pace of fee collection, the schedule for and the costs associated with the sale of bonds to advance funds, and other relevant factors. (iv) The Authority will work to promote steady and coincident progress on all the Projects to the extent that funding and Project readiness permit. D. Indemnification As a condition of funding for Projects in this Program, project sponsors shall enter into an agreement with the Authority that shall provide indemnification and insurance coverage, as appropriate, to the Authority that is subject to the approval by the Authority. LT:je G AGrpDala\TransEng\2001\ECCRFFAUEPAallachment2 Af 14 JOINT EXERCISE OF POWERS AGREEMENT BY AND AMONG THE CITY OF ANTIOCH, THE CITY OF BRENTWOOD, THE CITY OF OAKLEY, AND THE COUNTY OF CONTRA COSTA RELATING TO THE EAST COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY EAST COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, dated , by and among the CITY OF ANTIOCH, a municipal corporation under the laws of the State of California, the CITY OF BRENTWOOD, a municipal corporation under the laws of the State of California, and the CITY OF OAKLEY, a municipal corporation under the laws of the State of California, (the "Cities"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the "County"). WITNESSETH: WHEREAS, Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes the Cities and the County to create a joint exercise of powers entity that has the power to jointly exercise the powers common to the Cities and the County; WHEREAS, the Cities and the County are each empowered by law to undertake certain projects and programs; WHEREAS, the Cities and the County are authorized to issue bonds, expend bond proceeds, and borrow and loan money for certain public purposes pursuant to the Government Code of the State of California; WHEREAS, Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Bond Pooling Act of 1985") authorizes and empowers the Authority to, among other things, (i) issue bonds (as defined in Section 6585 (c) of the Law) and to expend or loan the proceeds thereof to the Cities or the County, (ii) finance the acquisition and or construction of public capital improvements, and (iii) purchase bonds issued by the Cities or the County, all for the purpose of financing public capital improvements, working capital, liability and other insurance needs, or certain other projects whenever there is significant public benefit, as determined by the Cities or the County; WHEREAS, the Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell bonds so purchased to public or private purchasers at public or negotiated sale; WHEREAS, the Cities and the County with the City of Pittsburg have established the East Contra Costa Regional Fee and Financing Authority (ECCRFFA), a joint exercise of powers entity, which has a scope of projects that the Cities and County desire to supplement; and WHEREAS, the revenue from the ECCRFFA is not sufficient to meet the funding needs for regional facilities and studies have identified new projects that are needed to accommodate anticipated growth in East County; and WHEREAS, an alternative to increasing in the fee schedule contained in the ECCRFFA Agreement, the Cities and the County wish to supplement the funds raised in the ECCRFFA JEPA on the State Route 4 and State Route 4 Bypass Projects and additional regional projects with increased building permit fees contained in this Agreement; and 1 WHEREAS, by this Agreement, the Cities and the County desire to create and establish the East County Transportation Improvement Authority for the purposes set forth herein and to exercise the powers described herein; NOW, THEREFORE, the Cities and the County, for and in consideration of the mutual promises and agreements contained herein, do agree as follows: SECTION 1 DEFINITIONS Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Agreement have the meanings specified herein. "Authority" means the East County Transportation Improvement Authority created by this Agreement. "Board" means the governing board of the Authority. "Bond Purchase Agreement" means an agreement of the Authority to purchase bonds of either one or more of the Cities or the County solely from funds received from the Authority's simultaneous sale of such bonds to the purchaser or purchasers named therein, on the terms and conditions set forth therein. "City" and "Cities", individually and collectively respectively, means the City of Antioch, the City of Brentwood, and the City of Oakley, each of which is an existing municipal corporation under the laws of the State of California. "County" means the County of Contra Costa, a political subdivision of the State of California. "East Contra Costa Regional Transportation Planning Committee" means the planning committee authorized under the provisions of the Measure C Ordinance and Expenditure Plan for the east County. "Law" means Articles 1, 2, 3, and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (Sections 6500-6599). "Measure C Ordinance and Expenditure Plan" means the measure submitted to.and approved by the voters of the County at the November, 1988, general election. "Program" means the program of uniform sub-regional fees to be adopted by the Cities and the County for the purpose of funding the Projects. "Projects" means the projects identified in Attachment 2 to the Agreement, which is incorporated herein by this reference. "Region" means east County, including the territories of the Cities and the unincorporated portion of the County, the boundaries of which are generally coterminous with the boundaries of the East Contra Costa Regional Transportation Planning Committee, excluding the incorporated area of the City of Pittsburg. 2 SECTION 2 PURPOSE This Agreement is made pursuant to the Law for the purposes set forth below: A. To establish a uniform regional development fee program within the Region as more fully set forth in Attachment 1 to this Agreement, which attachment is incorporated herein by this reference, and to coordinate planning and implementation of the Program within a single public agency. B. To identify Projects to be funded by the uniform regional development fee solely or in conjunction with other funding sources as more fully set forth in Attachment 2 to this Agreement, which attachment is incorporated herein by this reference. C. To establish funding goals for the Projects and to seek commitments from the parties to this Agreement regarding funding for the Projects as more fully set forth in Attachment 2. D. To establish an implementation schedule for the Projects as more fully set forth in Attachment 2. E. To establish fee collection, financing, and management mechanisms and to formalize institutional arrangements for the implementation of the Program as more fully set forth herein and in Attachment 1. F. To exercise all the powers referred to in the recitals hereof and described more fully in Section 5 herein. SECTION 3 TERMINATION; WITHDRAWAL; ADDITION OF NEW PARTIES A. This Agreement shall become effective as of the date hereof and shall continue in full force until terminated by a supplemental agreement of the parties hereto, provided that in no event shall the Agreement terminate while any payments are due by any City or by the County to the Authority under any lease or sale of any real or personal property from the Authority to the City or the County or while any bonds of the Authority issued pursuant to the Law are outstanding. B. Any party hereto may withdraw from this Agreement upon 60 days written notice to the other parties; notwithstanding such withdrawal, the withdrawing party shall continue to be obligated with respect to amounts necessary to repay any bonds of the Authority issued pursuant to the Law while the withdrawing party was a party to the Agreement and shall be subject to assessment to the extent that the withdrawing party received funding in excess of its total contributions to the Authority. C. If a new city is proposed to be incorporated, the boundaries of which are wholly or partially within the Region, the Authority will request that the Local Agency Formation Commission for the County require, as a condition of approval of incorporation, that the new city become a successor to the County with respect to the territory of the County within the boundaries of the new city and that the new city be required to join the Authority as a party hereto, subject to the new city having representation on the Board equal to that of the Cities and the County (upon admission to the Authority, each new city shall be referred to as a "City" herein). D. If the City of Pittsburg requests, by a majority vote of the City Council, membership in the Authority and if this request is accompanied by a city ordinance incorporating the fee schedule contained in Attachment 1, the City of Pittsburg shall be admitted to the Authority under the following conditions: 3 1. The City of Pittsburg shall contribute to the Authority an amount of money equivalent to the total impact fees that would have been collected in that jurisdiction had the City been a member of the Authority from the effective date of this Agreement. 2. In addition, on this amount, the City of Pittsburg shall pay an amount of money equivalent to the interest, which would have accrued to the Authority, had those funds been collected from the effective date of this Agreement. The rate of interest shall be equal to the rate earned by the Local Agency Investment fund over the same period. E. The Authority shall continue to exercise the powers herein conferred upon it until the termination of this Agreement or until the Cities and the County shall have rescinded this Agreement. Termination will require the unanimous approval of the Cities and County. SECTION 4 THE AUTHORITY A. Creation of Authority There is hereby created pursuant to the Law an agency and public entity to be known as the "Regional Fee Authority". As provided in the Law, the Authority shall be a public entity separate from the Cities and the County. The debts, liabilities, and obligations of the Authority shall not constitute the debts, liabilities, or obligations of the Cities or the County. Within 30 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement and any amendment hereof to be prepared and filed with the office of the Secretary of State of the State of California in the manner set forth in Section 6503.5 of the Law. B. Governing Board. The Authority shall be administered by the Board, whose members shall be elected board or council members from the Cities and the County. Each party to this Agreement shall have one representative on the Board. Each board member shall be appointed by the governing body of the party which such member represents. Members of the Board shall serve at the pleasure of their respective governing bodies, provided that, in any event, the term .of office as a member of the Board of any board member shall terminate when such member shall cease to be an elected official of the governing body of the party which such member represents. Members of the Board shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member if the Board shall determine that such expense shall be reimbursed and there are unencumbered funds available for such purpose. If requested by the Authority, the County or the Cities will provide staff to support the activities of the Authority, the costs of such staff to be reimbursed by the Authority from its funds. The Authority shall establish a Technical Advisory Committee to be comprised of one technical staff member from each party and such other technical participants as shall be determined by the Authority to be advisable or necessary. The Technical Advisory Committee shall provide technical assistance, review, and oversight, on an advisory basis, of the Authority's Program and Projects. C. Meetings of Board (1) Regular Meetings. The Board shall hold a regular meeting on the second Thursday of each January, April, July, and October and, by resolution of the Board, may provide for the holding of regular meetings at more frequent intervals, provided that, if the Chair determines that there will be no business to 4 transact at any regular meeting, such regular meeting may be canceled. The hour and place at which each such regular meeting shall be held shall be fixed by resolution of the Board. (2) Notice. All meetings of the Board shall be called, noticed, held, and conducted subject to the provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (Sections 54950- 54961) or any successor legislation hereinafter enacted. (3) Minutes. The Secretary of the Authority shall cause minutes of all meetings of the Board 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 the County and the Cities. (4) 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 meetings from time to time. D. Officers: Duties: Bonding. (1) The Board members shall select from the members a Chair who shall serve as Chair of the Authority and a Vice Chair who shall serve as Vice Chair of the Authority. The Chair and the Vice Chair shall have the duties set forth in the by-laws of the Authority. (2) The Secretary of the Authority shall be the County Public Works Director. The Secretary shall keep the records of the Authority, shall act as Secretary at the meetings of the Authority, shall record all votes, shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. (3) The Treasurer, who performs the function of Treasurer for the County, is hereby designated as Treasurer of the Authority. Subject to the applicable provisions of any indenture or resolution providing for a trustee or other fiscal agent, the Treasurer shall be the depository of the Authority to have custody of all the money of the Authority, from whatever source, and, as such, shall have the powers, duties, and responsibilities specified in Section 6505.5 of the Law. (4) The Auditor Controller, who performs the functions of auditor and controller for the County, is hereby designated as Controller of the Authority, and , as such, shall have the powers, duties, and responsibilities specified in Section 6505.5 of the Law. The Controller shall draw checks to pay demands against the Authority when the demands have been approved by the Authority. (5) The County shall be reimbursed upon approval of the Board of charges to be made against the Authority for the services of the Treasurer and Controller. (6) The Treasurer and Controller of the Authority are designated as the public officers or persons who have charge of, handle, or have access to any property of the Authority, and each such officer shall file an official bond in the amount each such officer determines is necessary as required by Section 6505.1 of the Law. (7) The Treasurer and Controller of the Authority are hereby authorized and directed to prepare or cause to be prepared: (a) a special audit as required pursuant to Section 6505 of the Law every year during the term of this Agreement and (b) a report in writing on the first day of February, May, August, and November of each year to the Board, the Cities, and the County, which report shall describe the amount of money held by the Treasurer and Controller of the Authority for the Board, the amount of receipts since the last such report, and the amount paid out since the last such report. 5 (8) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants, and accountants. SECTION 5 POWERS The Authority shall have all of the powers granted to joint exercise of powers entities in Articles 2 and 4 of the Law. Additionally, the Authority is authorized, in its own name, to do all that is necessary for the exercise of said powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to sue and be sued in its own name; to acquire real property and improvements thereon by the power of eminent domain or any other lawful means; and to sell and lease real and personal property to the Cities and the County and to buy and hire real and personal property from the Cities and the County. Except as otherwise provided herein, such power shall be exercised subject only to such restrictions upon the manner of exercising such power as are imposed upon the [Cities or the County] in the exercise of similar powers, as provided in Section.6509 of the Law. Notwithstanding the foregoing, the Authority shall have any additional powers conferred under the Law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 2 hereof. SECTION 6 FISCAL YEAR Unless and until changed by resolution of the Board, the fiscal year of the Authority shall be the period from July 1 of each year to and including the following June 30, except for the first fiscal year, which shall be the period from the date of this Agreement to and including the following June 30. SECTION 7 DISPOSITION OF ASSETS At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 3E hereof, all assets of the Authority shall be distributed to the parties, subject to Section 8 hereof, rp o rata in accordance with their respective total contribution of regional fees and other funds to the Authority. SECTION 8 CONTRIBUTIONS AND ADVANCES Contributions or advances of public funds and of personnel, equipment, or property may be made to the Authority by the Cities and the County for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such contribution or advance shall be made subject to repayment and shall be repaid in the manner agreed upon by a City or the County, as the case may be, and the Authority at the time of making such contribution or advance. It is mutually understood and agreed that, except as otherwise expressly provided in this Agreement, neither any City nor the County has any obligation to make contributions or advances to the Authority to provide for the costs and expenses of administration of 6 the Authority even though any may do so. The Cities and the County may allow the use of personnel, equipment, or property in lieu of other kinds of contributions or advances to the Authority. SECTION 9 AGREEMENT NOT EXCLUSIVE This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between any of the Cities and the County, except as the terms of this Agreement shall conflict therewith, in which case the terms of this Agreement shall prevail. SECTION 10 ACCOUNTS AND REPORTS The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority shall be open to inspection at all reasonable times to the representatives of the Cities and the County. The Authority shall give a written audit report of all financial activities for each fiscal year to the Cities and the County within twelve (12) months after the close of each fiscal year. To the extent required by Section 6505.6 of the Law, the Controller of the Authority shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority in compliance with Section 6505.6 of the Law. 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 of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public record with the Cities and the County and, if required by Section 6505.6 of the Law, with the Auditor/Controller of the County. Such report shall be filed within twelve (12) months of the end of the fiscal year or years under examination. Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants, in making an audit pursuant to this Section shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for the purpose. In any year the Authority may, by unanimous request of the Board, replace the annual special audit with an audit covering a two-year period. SECTION 11 CONFLICT OF INTEREST CODE The Conflict of Interest Code for the Authority shall be the Conflict of Interest Code for the County. SECTION 12 BREACH If default shall be made by any City or the County of any covenant contained in this Agreement, such default shall not excuse either the City or the County from fulfilling its obligations under this Agreement and the City or the County shall continue to be liable for all payments and the performance of all other covenants contained in this Agreement. The Cities and the County hereby declare that this Agreement is entered into for 7 the benefit of the Authority created hereby and that the Cities and the County hereby grant to the Authority the right to enforce this Agreement by whatever lawful means the Authority deems appropriate. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. SECTION 13 SEVERABILITY Should any term, condition or covenant of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining terms, conditions, or covenants hereof shall not be affected thereby. SECTION 14 SUCCESSORS: ASSIGNMENT This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of all the other parties. SECTION 15 AMENDMENT OF AGREEMENT This Agreement may be amended by a supplemental agreement executed by the Cities and County at any time, provided however that no such amendment shall be entered into if such an amendment would conflict with the provisions of any bonds (as defined 1 by Section 6585{c) of the Law), indenture, trust agreement, contract or other agreement security relating to any outstanding bonds of the Authority issued pursuant to the Law. SECTION 16 FORM OF APPROVALS Whenever an approval is required in this Agreement, unless the context specifies otherwise, it shall be given, in the case of the County, by resolution duly and regularly adopted by the members of the Board of Supervisors, and, in the case of any City, by resolution duly and regularly adopted by the City Council of the City, and, in the case of the Authority, by resolution duly and regularly adopted by the Board. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. SECTION 17 NOTICES Notices to a City hereunder shall be sufficient if delivered to the City Clerk and notices to the County hereunder shall be sufficient if delivered to the Clerk of the Board of Supervisors. 8 SECTION 18 SECTION HEADINGS All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, with their official seals to be hereto affixed, as of the day and year first above written. COUNTY OF CONTRA COSTA CITY OF BRENTWOOD By. By. C A F: C114, Board of pervisors Attest: John Sweeten Attest: Clerk of the Board of Supervisors City Clerk And County Administrator By: By: rL . CITY OF ANTIOCH CITY OF OAKLEY f By. Attest: Attest: " City Clergy- City Clerk By LT.je G:\GrpData\TransEng\2001\ECCRFFA\FEE JEPA 2.rtf 9 J �� - _' ,} ��,. - � / ti1: � /'F t �,r'^ \ .1 Attachment 1 To East County Transportation Improvement Authority Joint Exercise of Powers Agreement IMPLEMENTATION OF DEVELOPMENT FEE PROGRAM A. Imposition and Modification of Fee: Credit for Existing Congestion Mitigation Developer Fees. In order to fund the Program and Projects of the Authority, the parties agree that the following developer fee schedule shall be implemented, effective within 60 days of the effective date of this Amendment, by each of the parties. The fees are payable at the time of issuance of building permits: Type of Use Fee Units Fee Amount Single family residential Per dwelling unit $7,500 units, duet homes, and residential condominiums Multiple family residential Per dwelling unit $4,600 Commercial Per square foot of gross $1.00 floor area Office Per square foot of gross $1.00 floor area Industrial Per square foot of gross $1.00 floor area Other Per peak hour trips as $7,500/pht determined Credit shall be granted for building permit fees assessed in accordance with the Joint Powers Agreement, which established ECCRFFA. The fees for uses not listed shall be determined by the governing jurisdiction through information generated by appropriate traffic studies conducted in accordance with ITE standards and applicable Authority policies. The methodology for conducting these studies shall be approved by the Authority. Effective January I, 2003, and on each subsequent January 1, each party shall increase the amount of each of the fees set forth above, over the amount in effect, for the next preceding calendar year by the amount of the increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the period ending September 30 of the preceding year. 10 Credit may be granted against the payment of the fee for the construction of a usable section of any of the Projects identified in the Agreement. The amount of credit shall be the cost of construction of the portion of the given project and the cost of the land acquired to complete the segment, as determined by the Authority. No credit shall be granted for any lands that are required to be dedicated as specified in Attachment "2", Section B. B. Pledge of Fees as Security for Bonds. If the Authority determines that one or more bond issues are to be sold to advance Projects or for any other Program purpose, bonds shall be secured by the fees provided for in this Section. Without limiting the generality of the power of the Authority to issue bonds and other instruments, the parties may agree, with the consent of any affected party, to pledge payment to the Authority of other revenues, including Proposition 111 gas tax remissions and Measure C return-to-source funds, as additional security for the Authority's repayment of the bonds. C. Fee Collection and Management. Fee revenues received by the parties shall be disbursed monthly by the parties to the Authority. Fees and other revenue shall be held by the Authority in a general fund account; bond proceeds shall be held in accordance with the applicable indenture and may be invested, consistent with the provisions of the applicable indenture, in accounts such as the CAMP or LAIF fund. Interest accruing on funds held in such accounts shall, subject to any provision in an applicable indenture, and accrued interest on funds held in the general fund account, shall be deemed general funds available for any lawful purpose of the Authority. Unless otherwise agreed by the parties hereto, the total obligation of each party shall be the contribution of fees collected by that party from owners seeking issuance of building permits as provided for in this Section. The obligation to contribute fees to the Authority shall terminate on the date on which the Projects have been fully funded and completed, or such earlier date as may be permitted under Section 3 of the Agreement. LTJe G:\GrpDala\TransEng\2001\ECCRFFAUEPAattachment 1.doc 11 Attachment 2 To East County Transportation Improvement Authority Joint Exercise of Powers Agreement PROJECTS; FUNDING COMMITMENTS; AND ELIGIBLE COSTS; IMPLEMENTATION SCHEDULE A. List of Projects. The fees provided for in this Agreement shall be used exclusively for the following Projects, each of which is a highway or arterial improvement of sub-regional or regional significance: (i) Expansion of capacity of State Route 4 between Bailey Road in Pittsburg and the junction of Route 4 and State Route 160 in Antioch ("State Route 4 Improvements"). Project sponsors shall be the Cities of Antioch and the County. (ii) Acquisition of right-of-way and construction of the State Route 4 Bypass (Delta Expressway), extending from the junction of Route 4 and Route 160 in Antioch to Highway 4 south of Brentwood. Project sponsor shall be the Cities of Brentwood, Antioch, Oakley, and the County. (iii) Acquisition of right-of-way and construction of a roadway connector between the Laurel Road interchange and Laurel Road in the City of Oakley ("Laurel Road Connector"). Project sponsors shall be the Cities of Oakley and Antioch. (iv) Acquisition of right-of-way and construction of a roadway connector between Vasco Road and Byron Highway south of Byron and north of the Byron Airport ("Vasco-Byron Connector"). Project sponsor shall be the County. (v) Project development and right-of-way protection of the Byron Highway ("Route 239 Corridor"). Project sponsor shall be the County. , (vi) Planning and construction of operational and safety improvements to Vasco Road south of the intersection with the State Route 4 Bypass ("Vasco Road Safety and Operational Improvements"). Project sponsor shall be the County. (vii) Planning and construction of improvements including widening to four lanes city streets in Antioch, and unincorporated Contra Costa County that are parallel to State Route 4. The "North Parallel Arterial Group" may include the widening to four-lanes of the Pittsburg-Antioch Highway, 10th Street, Willow Pass Road, and the extension of Evora Road to Port Chicago Highway. The "South Parallel Arterial Group" may include the widening to four- lanes of West Tregallas, Fitzueren, Delta Fair, and Buchanan Roads in the City of Antioch. Project sponsors shall be the City of Antioch and the County. 12 (viii) The planning, development, and acquisition of capital improvements for a commuter rail system ("Commuter Rail"). Project sponsors shall be the County and the Cities of Oakley, Antioch and Brentwood. (ix) Planning and construction of widening to four-lanes of the existing State Route 4/Main Street between Lone Tree Way and Vintage Parkway. Project sponsors shall be the City of Oakley, City of Brentwood, and Contra Costa County. In the event that the Authority determines that one or more of the Projects cannot proceed, substitute projects may be implemented, subject to nomination by one or more of the sponsoring.jurisdictions for the Project to be replaced and to approval by the Authority upon a finding that the substitute project mitigates the same impact as the project being replaced. Eligible replacement projects shall be of regional significance, be a portion of a "Route of Regional Significance" as defined in the Measure C program, and shall not receive funding under the Program in an amount in excess of the amount allocated to the replaced Project set forth in Section B. below. B. Funding Commitments and Eligible Costs. Program revenues shall be available for all necessary Project costs through completion of construction. Costs include, but are not limited to, environmental clearance, conceptual engineering, traffic studies, design, right of way acquisition, utility relocation, litigation and settlement costs and costs of construction. Administrative costs shall not exceed 1% of Program revenues. Administrative costs include the administration of duties included in the Agreement. Eligible Project costs will be determined by the Authority based on cost guidelines and other criteria to be developed by the Authority. Where the Authority deems it advisable in order to avoid undue burdens on Project sponsors, the Authority may provide Project expenses in advance on a monthly, quarterly, or other basis. Project costs will otherwise be reimbursed pursuant to procedures to be determined by the Authority. Project sponsors, as a condition of Project funding through regional fees, commit to protect Project rights of way by, among other things, requiring dedication of right of way as a condition of land use entitlement approval or otherwise, pending Project commencement. Project sponsors further commit not to take actions that could adversely impact the cost of Projects, including, but not limited to, utility location or relocation, public development, and the granting of easements in a proposed right of way. The right of way dedication policy is as follows. Properties along or fronting the Projects identified in this Agreement shall be required to dedicate right of way up to 110 feet wide as measured from the centerline of the adopted precise alignment with no credit or compensation from the regional fee. Any additional right-of-way in excess of the 110 foot width may be either credited toward the regional fee or compensated. However, in circumstances where the allowable density has been transferred off the right of way area, then no compensation or credit will be granted for the right of way dedicated. The Authority shall develop policies that will encourage the early dedication of lands that are required under this provision. 13 Any costs of defense and any liability incurred in connection with implementation of the regional fee proposal shall be borne by the Authority. The Authority agrees to the fullest extent legally permitted to indemnify and hold harmless the parties to this Agreement from any liability, loss, costs, and claims related to the adoption or implementation of the regional fee program. Fee revenues and any other revenues transferred to the Authority by the parties pursuant to this Agreement may be used for this purpose. C. Implementation Schedule. Subject to environmental clearance, right of way acquisition and dedication, utility relocation, and other factors, the timing of which may be beyond the control of the Authority, and subject to the availability of regional fee and other funding sources as may be required, the following implementation guidelines shall apply to Project development. (i) The schedule for State Route 4 improvements shall be designed to match other funds provided by the Contra Costa Transportation Authority, the State of California, and other sources to promote timely implementation of improvements. The Projects shall be logically phased to provide maximum traffic congestion relief and to promote system continuity with the Willow Pass Grade Lowering and Bailey Road projects. All parties recognize the importance and priority of improving the SR4/Hillcrest interchange. (ii) The parties intend that funding will be provided to support steady progress in construction of the State Route 4 Bypass and every effort will be made to initiate construction on an initial project segment within the first five years following execution of this Agreement. (iii) The Authority shall prepare, adopt, and periodically update a Strategic Plan for implementation of the Projects, reflecting current information on Project costs and schedules, the availability of other revenue sources, the pace of fee collection, the schedule for and the costs associated with the sale of bonds to advance funds, and other relevant factors. (iv) The Authority will work to promote steady and coincident progress on all the Projects to the extent that funding and Project readiness permit. D. Indemnification As a condition of funding for Projects in this Program, project sponsors shall enter into an agreement with the Authority that shall provide indemnification and insurance coverage, as appropriate, to the Authority that is subject to the approval by the Authority. LT:je G:\GrpData\TransEng\2001\ECC RFFAWEPAattachmen t2.rtf 14 REQUEST TO SPEAR FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addessing the Board. Name: Clud, Lt?-12- Phone: Address: CJ CU,Z_ � City: 1,1� I am speaking for myself or organization: Ckt OFi (name of organization) CHECK ONE:>( - / I wish to speak on Agenda Item # ( -�Z�Date: My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider: - _ • (pavaq aq Melo suosaad Tte os suoTge4uasead 3o g4buaT 4TmTT ARM JTegD aqs) •s-TaXeads snoTAOad Aq apeui S4UOMuoo buT4eadaa pTonV •sa4nutm 8aa44 04 uoT4e4uas9.zd anoA 4TMTq . •S •buTXeads eaogaq aTgeTTene JT uoTgP4u9mnoop gjoddns aO uoT4e4uasajd anoA go Adoo a Xaalo aqq anTO •V •UoTgezTUebaO UP 3o 9nT4equesead9.z 9q4 se az J TasanoA jog buTXeads a ae noA aag4agm pue sseappe pue ameu anoA buT4e4s Aq uTbag •C •MnTpod aqq qe auogdoaDTM aq4 04UT Xeads aseaTd •UOT4e4uasajd anoA aXem o4 uo paTTeo aq TTTM noA. •Z •peaepT suoo aq o4 ST mO-4T epuabe anoA eaojaq auogdoaOTM s,jaXeads aq4 o4 4xau xoq aq4. uT (apts 9s.z9n9a 9q4 UO) Uuoj „Xeads o-4 -4sanbag,, aq4 gTsodau: •T 82I�I�i3d8 oll RECEIVED City of Pittsburg DEC 1 8 2001 65 Civic Avenue • Pittsburg, California 94565 CLERKCO BOARD COSTACO.ISORS December 18, 2001 Submitted at December 18, 2001 Board Meeting Board of Supervisors 651 Pine St., Rm. 106 Martinez, California 94553-1293 Re: December 18, 2001 Agenda, Item C.123 Joint Powers Agreement establishing East County Transportation Improvement Authority Dear Chair and Members of the Board: This letter concerns Consent Item 123 on your December 18, 2001 Agenda which would establish a new East County Transportation Improvement Authority, a joint powers agency, between the County and the Cities of Antioch, Brentwood and Oakley. The new agency is intended to be an overlay agency for the East Contra Costa Regional Fee and Financing Authority ("ECCRFFA").' For the reasons set forth below, the City of Pittsburg ("City" or "Pittsburg") objects to the creation of the overlay and believes that the new joint powers agency is of questionable legality, duplicative and largely unworkable. Without waiving any of its rights under the existing fee program, the City submits this letter to preserve its objections to the formation of the new agency and respectfully requests that the Board vote no on item 123 or continue the matter so the issues raised by Pittsburg can be addressed. Formation Of A New Fee Authority Breaches The Fiduciary Obligations Of The Members Of ECCRFFA And Breaches The Existing Agreement. The stated purpose of ECCRFFA is set forth in the joint powers agreement and provides that it is to establish a "uniform regional development fee program within the "Region" [east Contra Costa County] and to coordinate planning and implementation of ' The ECCRFFA was established by the Joint Exercise of Powers Agreement By and Among the City of Antioch, the City of Brentwood and the City of Pittsburg and the County of Contra Costa Relating to the East Contra Costa Regional Fee and Financing Authority dated August 9, 1994. The City of Oakley was added by amendment on October 4, 1999. The ECCRFFA agreement is incorporated herein by this reference. � �:�f;` _..,,�� ;. �3 -1 _ 1 i. Board of Supervisors December 18, 2001 Page 2 of 3 the Program within a single public agency." (ECCRFFA Agreement section A.) In order to amend the fee program, the agreement requires the unanimous consent of all of the member entities. Under applicable California law, the members of the ECCRFFA owe a fiduciary obligation to the agency. The creation of a new public entity for regional transportation improvements breaches that fiduciary obligation and breaches the provisions of the existing agreement which establishes such a program in a "single public agency." In addition, the creation of a new agency in response to the inability to reach a negotiated agreement essentially eviscerates the requirement that amendments to the program be by unanimous consent. The Provisions For Pittsburg's Future Entry Into The New Agreement Are Unfair And Breach the Spirit and Intent of The ECCRFFA Agreement. The new agreement provides that Pittsburg can join the new regional fee program only if it agrees to adopt a $7,500 regional traffic mitigation fee and pays into the program all fees that would have been collected if Pittsburg had joined the Agency on the effective date of the agreement and pays the equivalent interest thereon. The fee program is based upon the collection of developer's fees. The City of Pittsburg cannot legally collect fees from developers retroactively; therefore, unless Pittsburg paid general fund monies in the equivalent amount it could never become a member of the new agency. These terms are punitive in nature and do not promote the purposes of the agreement. Moreover, the requirement is disproportionate to any benefit Pittsburg would derive from the new program which excludes all Pittsburg projects. Again, Pittsburg believes such a provision violates the fiduciary obligations of the ECCRFFA and breaches the existing agreement which provides the methodology for funding transportation improvements in east County. The Projects In The New Program Cannot Be Completed Without Pittsburg's Cooperation and Involvement. The projects listed in Attachment 2 to the proposed agreement include the North Parallel Arterial Group which includes widening the Pittsburg-Antioch Highway, 10th Street and Willow Pass Road. In the South Parallel Arterial Group, the widening of Buchanan Road (within the City of Antioch) is included. The new agreement purports to limit the projects to the geographical limits of Antioch or to the unincorporated areas of the County. However, each of the listed arterials feed into or passes through Pittsburg. These projects cannot be planned, constructed and completed without the cooperation and involvement of the City of Pittsburg. Board of Supervisors December 18, 2001 Page 3 of 3 The City Was Willing To Increase Its Regional Transportation Fee By $2,500. During the negotiations regarding the amendment of the fee program, the City offered to increase its regional transportation fee in the amount of$2,500 for residential homes. The decision to create a separate joint powers agency with "a take it or leave it" requirement that Pittsburg increase its fee to $7,500 means that the new agency will forgo any fee increase by the City of Pittsburg. The New Fee Should Not Be Included Within The Existing Regional Transportation Fee. The proposed agreement simply refers to the adoption of a $7,500 uniform fee with a credit being applied for the amount of the fee collected for ECCRFFA. The proposed agreement should be amended to specifically refer to the amount of fee being collected for the new Transportation Improvement Authority. Otherwise, if the new fee is challenged, the failure to segregate the fees could jeopardize the existing ECCRFFA fee program and the projects funded thereunder. In addition, the failure to specify the amount of the fee being collected for the new program creates accounting and procedural confusion. The chart included as attachment 1 should be amended to specify the amount being collected under the new fee program. Conclusion. The creation of a new joint powers agency without the involvement of the City of Pittsburg will complicate, not resolve the funding issues for east County regional traffic improvements. Without waiving any of its rights under the existing fee program, the City requests that the Board vote no on Item C-123 or continue the matter so that the issues raised by the City can be addressed by ECCRFFA. Very truly yours, ro sista ity A torney cc: City of Pittsburg City Council Willis A. Casey, City Manager Linda A. Daube, City Attorney RECEIVED DEC 1 8 2001 City PittsburgCLERK BOARD OF SUPERVISORS CONTRA COSTA CO. 65 Civic Avenue • Pittsburg, California 94565 December 18, 2001 Submitted at December 18, 2001 Board Meeting .�� Board of Supervisors 651 Pine St., Rm. 106 ' Martinez, California 94553-1293 Re: December 18, 2001 Agenda, Item C.123 Joint Powers Agreement establishing East County Transportation Improvement Authority Dear Chair and Members of the Board: This letter concerns Consent Item 123 on your December 18, 2001 Agenda which would establish a new East County Transportation Improvement Authority, a joint powers agency, between the County and the Cities of Antioch, Brentwood and Oakley. The new agency is intended to be an overlay agency for the East Contra Costa Regional Fee and Financing Authority ("ECCRFFA").' For the reasons set forth below, the City of Pittsburg ("City" or "Pittsburg") objects to the creation of the overlay and believes that the new joint powers agency is of questionable legality, duplicative and largely unworkable. Without waiving any of its rights under the existing fee program, the City submits this letter to preserve its objections to the formation of the new agency and respectfully requests that the Board vote no on item 123 or continue the matter so the issues raised by Pittsburg can be addressed. Formation Of A New Fee Authority Breaches The Fiduciary Obligations Of The Members Of ECCRFFA And Breaches The Existing Agreement. The stated purpose of ECCRFFA is set forth in the joint powers agreement and provides that it is to establish a "uniform regional development fee program within the "Region" [east Contra Costa County] and to coordinate planning and implementation of ' The ECCRFFA was established by the Joint Exercise of Powers Agreement By and Among the City of Antioch, the City of Brentwood and the City of Pittsburg and the County of Contra Costa Relating to the East Contra Costa Regional Fee and Financing Authority dated August 9, 1994. The City of Oakley was added by amendment on October 4, 1999. The ECCRFFA agreement is incorporated herein by this reference. _ _ _ _ _ _ _ _ �/a �� Board of Supervisors December 18, 2001 Page 2 of 3 the Program within a single public agency." (ECCRFFA Agreement section A.) In order to amend the fee program, the agreement requires the unanimous consent of all of the member entities. Under applicable California law, the members of the ECCRFFA owe a fiduciary obligation to the agency. The creation of a new public entity for regional transportation improvements breaches that fiduciary obligation and breaches the provisions of the existing agreement which establishes such a program in a "single public agency." In addition, the creation of a new agency in response to the inability to reach a negotiated agreement essentially eviscerates the requirement that amendments to the program be by unanimous consent. The Provisions For Pittsburg's Future Entry Into The New Agreement Are Unfair And Breach the Spirit and Intent of The ECCRFFA Agreement. The new agreement provides that Pittsburg can join the new regional fee program only if it agrees to adopt a $7,500 regional traffic mitigation fee and pays into the program all fees that would have been collected if Pittsburg had joined the Agency on the effective date of the agreement and pays the equivalent interest thereon. The fee program is based upon the collection of developer's fees. The City of Pittsburg cannot legally collect fees from developers retroactively; therefore, unless Pittsburg paid general fund monies in the equivalent amount it could never become a member of the new agency. These terms are punitive in nature and do not promote the purposes of the agreement. Moreover, the requirement is disproportionate to any benefit Pittsburg would derive from the new program which excludes all Pittsburg projects. Again, Pittsburg believes such a provision violates the fiduciary obligations of the ECCRFFA and breaches the existing agreement which provides the methodology for funding transportation improvements in east County. The Projects In The New Program Cannot Be Completed Without Pittsburg's Cooperation and Involvement. The projects listed in Attachment 2 to the proposed agreement include the North Parallel Arterial Group which includes widening the Pittsburg-Antioch Highway, 10th Street and Willow Pass Road. In the South Parallel Arterial Group, the widening of Buchanan Road (within the City of Antioch) is included. The new agreement purports to limit the projects to the geographical limits of Antioch or to the unincorporated areas of the County. However, each of the listed arterials feed into or passes through Pittsburg. These projects cannot be planned, constructed and completed without the cooperation and involvement of the City of Pittsburg. i Board of Supervisors December 18, 2001 Page 3 of 3 The City Was Willing To Increase Its Regional Transportation Fee By $2,500. During the negotiations regarding the amendment of the fee program, the City offered to increase its regional transportation fee in the amount of$2,500 for residential homes. The decision to create a separate joint powers agency with "a take it or leave it" requirement that Pittsburg increase its fee to $7,500 means that the new agency will forgo any fee increase by the City of Pittsburg. The New Fee Should Not Be Included Within The Existing Regional Transportation Fee. The proposed agreement simply refers to the adoption of a $7,500 uniform fee with a credit being applied for the amount of the fee collected for ECCRFFA. The proposed agreement should be amended to specifically refer to the amount of fee being collected for the new Transportation Improvement Authority. Otherwise, if the new fee is challenged, the failure to segregate the fees could jeopardize the existing ECCRFFA fee program and the projects funded thereunder. In addition, the failure to specify the amount of the fee being collected for the new program creates accounting and procedural confusion. The chart included as attachment 1 should be amended to specify the amount being collected under the new fee program. Conclusion. The creation of a new joint powers agency without the involvement of the City-of Pittsburg will complicate, not resolve the funding issues for east County regional traffic improvements. Without waiving any of its rights under the existing fee program, the City requests that the Board vote no on Item C-123 or continue the matter so that the issues raised by the City can be addressed by ECCRFFA. Very truly yours, sista ity A torney cc: City of Pittsburg City Council Willis A. Casey, City Manager Linda A. Daube, City Attorney C. Al 3 TO: BOARD OF SUPERVISORS FROM: FEDERAL GLOVER, DISTRICT IV, DONNA GERBER, DISTRICT III DATE: December 18, 2001 SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a Joint Powers Agreement establishing the East County Transportation Improvement Authority. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute on behalf of the County, the Joint Powers Agreement establishing the East County Transportation Improvement Authority, which increases the East County regional transportation fees to$7,500 per single-family dwelling unit and $1.00 per square foot for non-residential uses as well as expanding the project list covered by the program, East County area. Continued on Attachment: X SIGNATURE:X ��( _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the VOTE OF SUPERVISORS Board of Supervisors on the date shown. UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator LT:ie GATransEng\2001\ECCRFFA\80 ECCRFFA Trans Improve Authority.doc Orig.Div: Public Works(TE) Contact: Lowell Tunison (925)373-2382 By , Deputy cc: M.Shiu,Deputy PWD Public Works Accounting County Audit-Controller County Treasurer Cities of Antioch,Brentwood,and Oakley SUBJECT: APPROVE and AUTHORIZE the Chair, Board of Supervisors to execute a Joint Powers Agreement establishing the East County Transportation Improvement Authority. DATE: December 18, 2001 PAGE 2 II. Financial Impact: There will be no financial impact to the general fund. Revenue generated is from dedicated fees imposed on building permits for new uses. III. Reasons for Recommendations and Background: The current East County regional transportation fee is incorporated into Joint Powers Agreement, which established the East Contra Costa Regional Fee and Financing Authority (ECCRFFA). It currently is set at $5,300 per single-family dwelling unit and fees between 34 - 65 cents for non- residential uses, which are assessed at building permit issuance. It includes projects on State Route 4 East, State Route 4 Bypass and Buchanan Road Bypass. The Board of Directors of the ECCRFFA have recommended to the member agencies that they amend that Joint Powers Agreement to increase the fees to $7,500 for single family residential unit and $1.00 per square foot for non-residential use. They have also recommended that the scope of projects be increased to provide for other critical and important regional transportation projects. The Board of Supervisors approved this in concept on October 9,2001. All East County agencies have concurred with the recommendation except Pittsburg. This necessitates the establishment of a new joint powers authority that supplements the program of the ECCRFFA by the increased project list and increased fee base. This new fee would apply to the Cities of Antioch, Brentwood, and Oakley and the unincorporated areas of East County. IV. Consequences of Negative Action: Failure to approve the Amendment leaves the existing program intact but does not increase the scope of the projects nor speed project delivery. c 3, JOINT EXERCISE OF POWERS AGREEMENT BY AND A ONG THE CITY OF ANTIOCH, THE CITY OF BRENTWOOD, THE CITY OF OAKLEY, AND THE COUNTY OF CONTRA COSTA RELATING TO THE EAST COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY 01.� EAST COUNTY TRANSPORTATION IMPROVEMENT AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, dated , by and among the CITY OF ANTIOCH, a municipal corporation under the laws of the State of California, the CITY OF BRENTWOOD, a municipal corporation under the laws of the State of California, and the CITY OF OAKLEY, a municipal corporation under the laws of the State of California, (the "Cities"), and the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (the "County"). WITNESSETH: WHEREAS, Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorizes the Cities and the County to create a joint exercise of powers entity that has the power to jointly exercise the powers common to the Cities and the County; WHEREAS, the Cities and the County are each empowered by law to undertake certain projects and programs; WHEREAS, the Cities and the County are authorized to issue bonds, expend bond proceeds, and borrow and loan money for certain public purposes pursuant to the Government Code of the State of California; WHEREAS, Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the 'Bond Pooling Act of 1985") authorizes and empowers the Authority to, among other things, (i) issue bonds (as defined in Section 6585 (c) of the Law) and to expend or loan the proceeds thereof to the Cities or the County, (ii) finance the acquisition and or construction of public capital improvements, and (iii) purchase bonds issued by the Cities or the County, all for the purpose of financing public capital improvements, working capital, liability and other insurance needs, or certain other projects whenever there is significant public benefit, as determined by the Cities or the County; WHEREAS, the Bond Pooling Act of 1985 further authorizes and empowers the Authority to sell bonds so purchased to public or private purchasers at public or negotiated sale; WHEREAS, the Cities and the County with the City of Pittsburg have established the East Contra Costa Regional Fee and Financing Authority (ECCRFFA), a joint exercise of powers entity, which has a scope of projects that the Cities and County desire to supplement; and WHEREAS, the revenue from the ECCRFFA is not sufficient to meet the funding needs for regional facilities and studies have identified new projects that are needed to accommodate anticipated growth in East County; and WHEREAS, an alternative to increasing in the fee schedule contained in the ECCRFFA Agreement, the Cities and the County wish to supplement the funds raised in the ECCRFFA JEPA on the State Route 4 and State Route 4 Bypass Projects and additional regional projects with increased building permit fees contained in this Agreement; and 1 WHEREAS, by this Agreement, the Cities and the County desire to create and establish the East County Transportation Improvement Authority for the purposes set forth herein and to exercise the powers described herein; NOW, THEREFORE, the Cities and the County, for and in consideration of the mutual promises and agreements contained herein, do agree as follows: SECTION 1 DEFINITIONS Unless the context otherwise requires, the terms defined in this Section 1 shall for all purposes of this Agreement have the meanings specified herein. "Authority" means the East County Transportation Improvement Authority created by this Agreement. "Board" means the governing board of the Authority. "Bond Purchase Agreement" means an agreement of the Authority to purchase bonds of either one or more of the Cities or the County solely from funds received from the Authority's simultaneous sale of such bonds to the purchaser or purchasers named therein, on the terms and conditions set forth therein. "City" and "Cities", individually and collectively respectively, means the City of Antioch, the City of Brentwood, and the City of Oakley, each of which is an existing municipal corporation under the laws of the State of California. "County" means the County of Contra Costa, a political subdivision of the State of California. "East Contra Costa Regional Transportation Planning Committee" means the planning committee authorized under the provisions of the Measure C Ordinance and Expenditure Plan for the east County. "Law" means Articles I, 2, 3, and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (Sections 6500-6599). "Measure C.Ordinance and Expenditure Plan" means the measure submitted to and approved by the voters of the County at the November, 1988, general election. "Program" means the program of uniform sub-regional fees to be adopted by the Cities and the County for the purpose of funding the Projects. "Projects" means the projects identified in Attachment 2 to the Agreement, which is incorporated herein by this reference. "Region" means east County, including the territories of the Cities and the unincorporated portion of the County, the boundaries of which are generally coterminous with the boundaries of the East Contra Costa Regional Transportation Planning Committee, excluding the incorporated area of the City of Pittsburg. 2 (dj SECTION 2 PURPOSE This Agreement is made pursuant to the Law for the purposes set forth below: A. To establish a uniform regional development fee program within the Region as more fully set forth in Attachment 1 to this Agreement, which attachment is incorporated herein by this reference, and to coordinate planning and implementation of the Program within a single public agency. B. To identify Projects to be funded by the uniform regional development fee solely or in conjunction with other funding sources as more fully set forth in Attachment 2 to this Agreement, which attachment is incorporated herein by this reference. C. To establish funding goals for the Projects and to seek commitments from the parties to this Agreement regarding funding for the Projects as more fully set forth in Attachment 2. D. To establish an implementation schedule for the Projects as more fully set forth in Attachment 2. E. To establish fee collection, financing, and management mechanisms and to formalize institutional arrangements for the implementation of the Program as more fully set forth herein and in Attachment 1. F. To exercise all the powers referred to in the recitals hereof and described more fully in Section 5 herein. SECTION 3 TERMINATION; WITHDRAWAL; ADDITION OF NEW PARTIES A. This Agreement shall become effective as of the date hereof and shall continue in full force until terminated by a supplemental agreement of the parties hereto, provided that in no event shall the Agreement terminate while any payments are due by any City or by the County to the Authority under any lease or sale of any real or personal property from the Authority to the City or the County or while any bonds of the Authority issued pursuant to the Law are outstanding. B. Any party hereto may withdraw from this Agreement upon 60 days written notice to the other parties; notwithstanding such withdrawal, the withdrawing party shall continue to be obligated with respect to amounts necessary to repay any bonds of the Authority issued pursuant to the Law while the withdrawing party was a party to the Agreement and shall be subject to assessment to the extent that the withdrawing party received funding in excess of its total contributions to the Authority. C. If a new city is proposed to be incorporated, the boundaries of which are wholly or partially within the Region, the Authority will request that the Local Agency Formation Commission for the County require, as a condition of approval of incorporation, that the new city become a successor to the County with respect to the territory of the County within the boundaries of the new city and that the new city be required to join the Authority as a party hereto, subject to the new city having representation on the Board equal to that of the Cities and the County (upon admission to the Authority, each new city shall be referred to as a "City" herein). D. If the City of Pittsburg requests, by a majority vote of the City Council, membership in the Authority and if this request is accompanied by a city ordinance incorporating the fee schedule contained in Attachment 1, the City of Pittsburg shall be admitted to the Authority under the following conditions: 3 1. The City of Pittsburg shall contribute to the Authority an amount of money equivalent to the total impact fees that would have been collected in that jurisdiction had the City been a member of the Authority from the effective date of this Agreement. 2. In addition, on this amount, the City of Pittsburg shall pay an amount of money equivalent to the interest, which would- have accrued to the Authority, had those funds been collected from the effective date of this Agreement. The rate of interest shall be equal to the rate earned by the Local Agency Investment fund over the same period. E. The Authority shall continue to exercise the powers herein conferred upon it until the termination of this Agreement or until the Cities and the County shall have rescinded this Agreement. Termination will require the unanimous approval of the Cities and County. SECTION 4 THE AUTHORITY A. Creation of Authority There is hereby created pursuant to the Law an agency and public entity to be known as the "Regional Fee Authority". As provided in the Law, the Authority shall be a public entity separate from the Cities and the County. The debts, liabilities, and obligations of the Authority shall not constitute the debts, liabilities, or obligations of the Cities or the County. Within 30 days after the effective date of this Agreement or any amendment hereto, the Authority will cause a notice of this Agreement and any amendment hereof to be prepared and filed with the office of the Secretary of State of the State of California in the manner set forth in Section 6503.5 of the Law. B. Governing Board. The Authority shall be administered by the Board, whose members shall be elected board or council members from the Cities and the County. Each party to this Agreement shall have one representative on the Board. Each board member shall be appointed by the governing body of the party which such member represents. Members of the Board shall serve at the pleasure of their respective governing bodies, provided that, in any event, the term of office as a member of the Board of any board member shall terminate when such member shall cease to be an elected official of the governing body of the party which such member represents. Members of the Board shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a member if the Board shall determine that such expense shall be reimbursed and there are unencumbered funds available for such purpose. If requested by the Authority, the County or the Cities will provide staff to support the activities of the Authority, the costs of such staff to be reimbursed by the Authority from its funds. The Authority shall establish a Technical Advisory Committee to be comprised of one technical staff member from each party and such other technical participants as shall be determined by the Authority to be advisable or necessary. The Technical Advisory Committee shall provide technical assistance, review, and oversight, on an advisory basis, of the Authority's Program and Projects. C. Meetings of Board (1) Regular Meetings. The Board shall hold a regular meeting on the second Thursday of each January, April, July, and October and, by resolution of the Board, may provide for the holding of regular meetings at more frequent intervals, provided that, if the Chair determines that there will be no business to 4 C'. ia3 transact at any regular meeting, such regular meeting may be canceled. The hour and place at which each such regular meeting shall be held shall be fixed by resolution of the Board. (2) Notice. All meetings of the Board shall be called, noticed, held, and conducted subject to the provisions of the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (Sections 54950- 54961) or any successor legislation hereinafter enacted. (3) Minutes. The Secretary of the Authority shall cause minutes of all meetings of the Board 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 the County and the Cities. (4) 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 meetings from time to time. D. Officers: Duties: Bonding. (1) The Board members shall select from the members a Chair who shall serve as Chair of the Authority and a Vice Chair who shall serve as Vice Chair of the Authority. The Chair and the Vice Chair shall have the duties set forth in the by-laws of the Authority. (2) The Secretary of the Authority shall be the County Public Works Director. The Secretary shall keep the records of the Authority, shall act as Secretary at the meetings of the Authority, shall record all votes, shall keep a record of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incident to the office. (3) The Treasurer, who performs the function of Treasurer for the County, is hereby designated as Treasurer of the Authority. Subject to the applicable provisions of any indenture or resolution providing for a trustee or other fiscal agent, the Treasurer shall be the depository of the Authority to have custody of all the money of the Authority, from whatever source, and, as such, shall have the powers, duties, and responsibilities specified in Section 6505.5 of the Law. (4) The Auditor Controller, who performs the functions of auditor and controller for the County, is hereby designated as Controller of the Authority, and , as such, shall have the powers, duties, and responsibilities specified in Section 6505.5 of the Law. The Controller shall draw checks to pay demands against the Authority when the demands have been approved by the Authority. (5) The County shall be reimbursed upon approval of the Board of charges to be made against the Authority for the services of the Treasurer and Controller. (6) The Treasurer and Controller of the Authority are designated as the public officers or persons who have charge of, handle, or have access to any property of the Authority, and each such officer shall file an official bond in the amount each such officer determines is necessary as required by Section 6505.1 of the Law. (7) The Treasurer and Controller of the Authority are hereby authorized and directed to prepare or cause to be prepared: (a) a special audit as required pursuant to Section 6505 of the Law every year during the term of this Agreement and (b) a report in writing on the first day of February, May, August, and November of each year to the Board, the Cities, and the County, which report shall describe the amount of money held by the Treasurer and Controller of the Authority for the Board, the amount of receipts since the last such report, and the amount paid out since the last such report. 5 (8) The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants, and accountants. SECTION 5 POWERS The Authority shall have all of the powers granted to joint exercise of powers entities in Articles 2 and 4 of the Law. Additionally, the Authority is authorized, in its own name, to do all that is necessary for the exercise of said powers, including, but not limited to, any or all of the following: to make and enter into contracts; to employ agents and employees; to sue and be sued in its own name; to acquire real property and improvements thereon by the power of eminent domain or any other lawful means; and to sell and lease real and personal property to the Cities and the County and to buy and hire real and personal property from the Cities and the County. Except as otherwise provided herein, such power shall be exercised subject only to such restrictions upon the manner of exercising such power as are imposed upon the [Cities or the County] in the exercise of similar powers, as provided in Section 6509 of the Law. Notwithstanding the foregoing, the Authority shall have any additional powers conferred under the Law, insofar as such additional powers may be necessary to accomplish the purposes set forth in Section 2 hereof. SECTION 6 FISCAL YEAR Unless and until changed by resolution of the Board, the fiscal year of the Authority shall be the period from July 1 of each year to and including the following June 30, except for the first fiscal year, which shall be the period from the date of this Agreement to and including the following June 30. SECTION 7 DISPOSITION OF ASSETS At the end of the term hereof or upon the earlier termination of this Agreement as set forth in Section 3E hereof, all assets of the Authority shall be distributed to the parties, subject to Section 8 hereof, rp o rata in accordance with their respective total contribution of regional fees and other funds to the Authority. SECTION 8 CONTRIBUTIONS AND ADVANCES Contributions or advances of public funds and of personnel, equipment, or property may be made to the Authority by the Cities and the County for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such contribution or advance shall be made subject to repayment and shall be repaid in the manner agreed upon by a City or the County, as the case may be, and the Authority at the time of making such contribution or advance. It is mutually understood and agreed that, except as otherwise expressly provided in this Agreement, neither any City nor the County has any obligation to make contributions or advances to the Authority to provide for the costs and expenses of administration of 6 the Authority even though any may do so. The Cities and the County may allow the use of personnel, equipment, or property in lieu of other kinds of contributions or advances to the Authority. SECTION 9 AGREEMENT NOT EXCLUSIVE This Agreement shall not be exclusive and shall not be deemed to amend or alter the terms of other agreements between any of the Cities and the County, except as the terms of this Agreement shall conflict therewith, in which case the terms of this Agreement shall prevail. SECTION 10 ACCOUNTS AND REPORTS The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of the Authority shall be open to inspection at all reasonable times to the representatives of the Cities and the County. The Authority shall give a written audit report of all financial activities for each fiscal year to the Cities and the County within twelve (12) months after the close of each fiscal year. To the extent required by Section 6505.6 of the Law, the Controller of the Authority shall contract with a certified public accountant or public accountant to make an annual audit of the accounts and records of the Authority in compliance with Section 6505.6 of the Law. 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 of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as public record with the Cities and the County and, if required by Section 6505.6 of the Law, with the Auditor/Controller of the County. Such report shall be filed within twelve (12) months of the end of the fiscal year or years under examination. Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants, in making an audit pursuant to this Section shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for the purpose. In any year the Authority may, by unanimous request of the Board, replace the annual special audit with an audit covering a two-year period. SECTION 11 CONFLICT OF INTEREST CODE The Conflict of Interest Code for the Authority shall be the Conflict of Interest Code for the County. SECTION 12 BREACH If default shall be made by any City or the County of any covenant contained in this Agreement, such default shall not excuse either the City or the County from fulfilling its obligations under this Agreement and the City or the County shall continue to be liable for all payments and the performance of all other covenants contained in this Agreement. The Cities and the County hereby declare that this Agreement is entered into for 7 the benefit of the Authority created hereby and that the Cities and the County hereby grant to the Authority the right to enforce this Agreement by whatever lawful means the Authority deems appropriate. Each and all of the remedies given to the Authority hereunder or by any law now or hereafter enacted are cumulative, and the exercise of one right or remedy shall not impair the right of the Authority to any or all other remedies. SECTION 13 SEVERABILITY Should any term, condition or covenant of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining terms, conditions, or covenants hereof shall not be affected thereby. SECTION 14 SUCCESSORS; ASSIGNMENT This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties. Except to the extent expressly provided herein, no party may assign any right or obligation hereunder without the consent of all the other parties. SECTION 15 AMENDMENT OF AGREEMENT This Agreement may be amended by a supplemental agreement executed by the Cities and County at any time, provided however that no such amendment shall be entered into if such an amendment would conflict with the provisions of any bonds (as defined 1 by Section 6585(c) of the Law), indenture, trust agreement, contract or other agreement security relating to any outstanding bonds of the Authority issued pursuant to the Law. SECTION 16 FORM OF APPROVALS Whenever an approval is required in this Agreement, unless the context specifies otherwise, it shall be given, in the case of the County, by resolution duly and regularly adopted by the members of the Board of Supervisors, and, in the case of any City, by resolution duly and regularly adopted by the City Council of the City, and, in the case of the Authority, by resolution duly and regularly adopted by the Board. Whenever in this Agreement any consent or approval is required, the same shall not be unreasonably withheld. SECTION 17 NOTICES Notices to a City hereunder shall be sufficient if delivered to the City Clerk and notices to the County hereunder shall be sufficient if delivered to the Clerk of the Board of Supervisors. 8 O.A3 ( 1-X) SECTION 18 SECTION HEADINGS All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized, with their official seals to be hereto affixed, as of the day and year first above written. COUNTY OF CONTRA COSTA CITY OF BRENTWOOD By: By: Chair, Board of Supervisors Attest: John Sweeten Attest: Clerk of the Board of Supervisors City Clerk And County Administrator By: By: CITY OF ANTIOCH CITY OF OAKLEY By: By: Attest: Attest: City Clerk City Clerk By: By: LTje G:\GrpOata\TransEng\2001\ECCRFFA\FEE JEPA 2.rtf 9 ' Attachment 1 To East County Transportation Improvement Authority Joint Exercise of Powers Agreement IMPLEMENTATION OF DEVELOPMENT FEE PROGRAM A. Imposition and Modification of Fee: Credit for Existing Congestion Mitigation Developer Fees. In order to fund the Program and Projects of the Authority, the parties agree that the following developer fee schedule shall be implemented, effective within 60 days of the effective date of this Amendment, by each of the parties. The fees are payable at the time of issuance of building permits: Type of Use Fee Units Fee Amount Single family residential Per dwelling unit $7,500 units, duet homes, and residential condominiums Multiple family residential Per dwelling unit $4,600 Commercial Per square foot of gross $1.00 floor area Office Per square foot of gross $1.00 floor area Industrial Per square foot of gross $1.00 floor area Other Per peak hour trips as $7,500/pht determined Credit shall be granted for building permit fees assessed in accordance with the Joint Powers Agreement, which established ECCRFFA. The fees for uses not listed shall be determined by the governing jurisdiction through information generated by appropriate traffic studies conducted in accordance with ITE standards and applicable Authority policies. The methodology for conducting these studies shall be approved by the Authority. Effective January I, 2003, and on each subsequent January 1, each party shall increase the amount of each of the fees set forth above, over the amount in effect, for the next preceding calendar year by the amount of the increase in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the period ending September 30 of the preceding year. 10 Credit may be granted against the payment of the fee for the construction of a usable section of any of the Projects identified in the Agreement. The amount of credit shall be the cost of construction of the portion of the given project and the cost of the land acquired to complete the segment, as determined by the Authority. No credit shall be granted for any lands that are required to be dedicated as specified in Attachment "2", Section B. B. Pledge of Fees as Security for Bonds. If the Authority determines that one or more bond issues are to be sold to advance Projects or for any other Program purpose, bonds shall be secured by the fees provided for in this Section. Without limiting the generality of the power of the Authority to issue bonds and other instruments, the parties may agree, with the consent of any affected party, to pledge payment to the Authority of other revenues, including Proposition 111 gas tax remissions and Measure C return-to-source funds, as additional security for the Authority's repayment of the bonds. C. Fee Collection and Management. Fee revenues received by the parties shall be disbursed monthly by the parties to the Authority. Fees and other revenue shall be held by the Authority in a general fund account; bond proceeds shall be held in accordance with the applicable indenture and may be invested, consistent with the provisions of the applicable indenture, in accounts such as the CAMP or LAIF fund. Interest accruing on funds held in such accounts shall, subject to any provision in an applicable indenture, and accrued interest on funds held in the general fund account, shall be deemed general funds available for any lawful purpose of the Authority..Unless otherwise agreed by the parties hereto, the total obligation of each party shall be the contribution of fees collected by that party from owners seeking issuance of building permits as provided for in this Section. The obligation to contribute fees to the Authority shall terminate on the date on which the Projects have been fully funded and completed, or such earlier date as may be permitted under Section 3 of the Agreement. LT:je G:%GrpDatalTransEng120011ECCRFFAUEPAattachment 1.doc 11 iS)Attachment 2 To East County Transportation Improvement Authority Joint Exercise of Powers Agreement PROJECTS; FUNDING COMMITMENTS; AND ELIGIBLE COSTS; IMPLEMENTATION SCHEDULE A. List of Projects. The fees provided for in this Agreement shall be used exclusively for the following Projects, each of which is a highway or arterial improvement of sub-regional or regional significance: (i) Expansion of capacity of State Route 4 between Bailey Road in Pittsburg and the junction of Route 4 and State Route 160 in Antioch ("State Route 4 Improvements"). Project sponsors shall be the Cities of Antioch and the County. (ii) Acquisition of right-of-way and construction of the State Route 4 Bypass (Delta Expressway), extending from the junction of Route 4 and Route 160 in Antioch to Highway 4 south of Brentwood. Project sponsor shall be the Cities of Brentwood, Antioch, Oakley, and the County. (iii) Acquisition of right-of-way and construction of a roadway connector between the Laurel Road interchange and Laurel Road in the City of Oakley ("Laurel Road Connector"). Project sponsors shall be the Cities of Oakley and Antioch. (iv) Acquisition of right-of-way and construction of a roadway connector between Vasco Road and Byron Highway south of Byron and north of the Byron Airport ("Vasco-Byron Connector"). Project sponsor shall be the County. (v) Project development and right-of-way protection of the Byron Highway ("Route 239 Corridor"). Project sponsor shall be the County. (vi) Planning and construction of operational and safety improvements to Vasco Road south of the intersection with the State Route 4 Bypass ("Vasco Road Safety and Operational Improvements"). Project sponsor shall be the County. (vii) Planning and construction of improvements including widening to four lanes city streets in Antioch, and unincorporated Contra Costa County that are parallel to State Route 4. The "North Parallel Arterial Group" may include the widening to four-lanes of the Pittsburg-Antioch Highway, 10t�' Street, Willow Paso Road, and the extension of Evora Road to Port Chicago Highway. The "South Parallel Arterial Group" may include the widening to four- lanes of West Tregallas, Fitzueren, Delta Fair, and Buchanan Roads in the City of Antioch. Project sponsors shall be the City of Antioch and the County. 12 C ./a3 (viii) The planning, development, and acquisition of capital improvements for a commuter rail system ("Commuter Rail'). Project sponsors shall be the County and the Cities of Oakley, Antioch and Brentwood. (ix) Planning and construction of widening to four-lanes of the existing State Route 4/Main Street between Lone Tree Way and Vintage Parkway. Project sponsors shall be the City of Oakley, City of Brentwood, and Contra Costa County. In the event that the Authority determines that one or more of the Projects cannot proceed, substitute projects may be implemented, subject to nomination by one or more of the sponsoring jurisdictions for the Project to be replaced and to approval by the Authority upon a finding that the substitute project mitigates the same impact as the project being replaced. Eligible replacement projects shall be of regional significance, be a portion of a "Route of Regional Significance" as defined in the Measure C program, and shall not receive funding under the Program in an amount in excess of the amount allocated to the replaced Project set forth in Section B. below. B. Funding Commitments and Eligible Costs. Program revenues shall be available for all necessary Project costs through completion of construction. Costs include, but are not limited to, environmental clearance, conceptual engineering, traffic studies, design, right of way acquisition, utility relocation, litigation and settlement costs and costs of construction. Administrative costs shall not exceed 1% of Program revenues. Administrative costs include the administration of duties included in the Agreement. Eligible Project costs will be determined by the Authority based on cost guidelines and other criteria to be developed by the Authority. Where the Authority deems it advisable in order to avoid undue burdens on Project sponsors, the Authority may provide Project expenses in advance on a monthly, quarterly, or other basis. Project costs will otherwise be reimbursed pursuant to procedures to be determined by the Authority. Project sponsors, as a condition of Project funding through regional fees, commit to protect Project rights of way by, among other things, requiring dedication of right of way as a condition of land use entitlement approval or otherwise, pending Project commencement. Project sponsors further commit not to take actions that could adversely impact the cost of Projects, including, but not limited to, utility location or relocation, public development, and the granting of easements in a proposed right of way. The right of way dedication policy is as follows. Properties along or fronting the Projects identified in this Agreement shall be required to dedicate right of way up to 110 feet wide as measured from the centerline of the adopted precise alignment with no credit or compensation from the regional fee. Any additional right-of-way in excess of the 110 foot width may be either credited toward the regional fee or compensated. However, in circumstances where the allowable density has been transferred off the right of way area, then no compensation or credit will be granted for the right of way dedicated. The Authority shall develop policies that will encourage the early dedication of lands that are required under this provision. 13 n Any costs of defense and any liability incurred in connection with implementation of the regional fee proposal shall be borne by the Authority. The Authority agrees to the fullest extent legally permitted to indemnify and hold harmless the parties to this Agreement from any liability, loss, costs, and claims related to the adoption or implementation of the regional fee program. Fee revenues and any other revenues transferred to the Authority by the parties pursuant to this Agreement may be used for this purpose. C. Implementation Schedule. Subject to environmental clearance, right of way acquisition and dedication, utility relocation, and other factors, the timing of which may be beyond the control of the Authority, and subject to the availability of regional fee and other funding sources as may be required, the following implementation guidelines shall apply to Project development. (i) The schedule for State Route 4 improvements shall be designed to match other funds provided by the Contra Costa Transportation Authority, the State of California, and other sources to promote timely implementation of improvements. The Projects shall be logically phased to provide maximum traffic congestion relief and to promote system continuity with the Willow Pass Grade Lowering and Bailey Road projects. All parties recognize the importance and priority of improving the SR4/Hillcrest interchange. (ii) The parties intend that funding will be provided to support steady progress in construction of the State Route 4 Bypass and every effort will be made to initiate construction on an initial project segment within the first five years following execution of this Agreement. (iii) The Authority shall prepare, adopt, and periodically update a Strategic Plan for implementation of the Projects, reflecting current information on Project costs and schedules, the availability of other revenue sources, the pace of fee collection, the schedule for and the costs associated with the sale of bonds to advance funds, and other relevant factors. (iv) The Authority will work to promote steady and coincident progress on all the Projects to the extent that funding and Project readiness permit. D. Indemnification As a condition of funding for Projects in this Program, project sponsors shall enter into an agreement with the Authority that shall provide indemnification and insurance coverage, as appropriate, to the Authority that is subject to the approval by the Authority. LT.je GAGrpData\TransEng\2001\ECCRFFAUEPAaltachment2.rtf 14