HomeMy WebLinkAboutMINUTES - 01212003 - C19 TO: BOARD OF SUPERVISORS N' Contra
FROM: DENNIS M. BARRY, AiCP t COSI
COMMUNITY DEVELOPMENT DIRECTOR County
DATE: JANUARY 21, 2003 8
SUBJECT: AMENDED JOINT EXERCISE OF POWERS AGREEMENT FOR THE WEST CONTRA
COSTA TRANSPORTATION ADVISORY COMMITTEE
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
APPROVE the subject agreement and AUTHORIZE the Chair to sign the agreement as requested
by the West Contra Costa Transportation Advisory Committee (WCCTAC).
FISCAL IMPACT
NONE to the General Fund. The new agreement lowers the County's annual contribution from 10
percent of the WCCTAC budget to 9.1 percent. The County pays its contribution from a
combination of Measure C transportation sales-tax funds and the Road Fund.
BACKGROUND/REASONS FOR RECOMMENDATIONS
WCCTAC is the designated regional transportation planning committee for West County, under the
Measure C Transportation Improvement and Growth Management Program. Its member agencies
are the County, the cities of Hercules, Pinole, EI Cerrito, San Pablo and 'Richmond, and three
public transit agencies (BART, AC Transit and WestCAT).
Earlier this year WCCTAC began a process of revising its joint exercise of powers agreement, to
which the County is a party. The Board of Supervisors on July 23, 2002 approved an amended
agreement as requested by WCCTAC at that time. The primary amendment was to add a seat on
the WCCTAC Board of Directors specifically for WestCAT, a bus transit agency which provides
service in northwestern Contra Costa County. Previously WestCAT shared a joint seat with AC
Transit and BART. Additional changes included some revisions to update certain portions of the
agreement that were out of date.
After receiving feedback on the earlier amendment, WCCTAC made further changes to reflect
comments received, including some from the County. The County's comments offered
suggestions for clarifying certain portions of the agreement and correcting some inconsistencies in
language. The WCCTAC Board now has authorized the distribution of a final amended joint
exercise of powers agreement, and requests the member jurisdictions approve it.
Attached is the amended joint exercise of powers agreement. County Counsel has approved the
document as to form, as indicated on page 22 of the attached agreement.
CONTINUED ON ATTACHMENT: X YES SIGNATURE .
__,�,-RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMIT EE
,.--APPROVE OTHER
SIGNATURE S d ,e_,�
ACTION OF BQMD ON January 21, 2003 APPROVED AS RECOMMENDED x OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
x UNANIMOUS (ABSENT Ione ) AND ENTERED ON THE MINUTES OF THE
AYES: NOES: BOARD OF SUPERVISORS ON THE DATE
ABSENT: ABSTAIN: SHOWN'
Contact: John Greitzer(335-1201) ATTESTED January 21, 2003
cc: Community Development Department(CDD) JOHN SWEETEN, CLERK OF
P
Public Department THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
G:\Transportation\Greitzer\Board Order\Draft\JAN 21 wcctac.doc
BY ^-"�' �`'``��-�'� , DEPUTY
WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE
JOINT EXERCISE OF POWERS AGREEMENT
This restatement and amendment of the West Contra Costa
Transportation Advisory Committee (WCCTAC) Joint Exercise of
Powers Agreement (Agreement) is entered into on this
day of , 2002, by and between the City of
El Cerrito, a municipal corporation; the City of Hercules, a
municipal corporation; the City of Pinole, a municipal
corporation; the City of Richmond, a municipal corporation and
charter city; the City of San Pablo, a municipal corporation; the
County of Contra Costa, a political subdivision of the State of
California; the Alameda-Contra Costa Transit District ("AC
Transit") , a transit district organized and existing pursuant to
the provisions of the California Public Utilities Code; the San
Francisco Bay Area Rapid Transit District (BART) , a transit
district organized and existing pursuant to the provisions of
California Public ultilities Code; and the Western Centra Costa
County Transit Authority (WestCAT) , a joint exercise of powers
authority operating pursuant to Government Code Section 6. 00, et.
seq. ; and restates in full those provisions of the original
Agreement, except as amended herein.
WITNESSETH:
:
WHEREAS, in November 1988, the voters of Contra Costa County
approved Measure "C" which established and funded a
transportation agenda for Contra Costa County; and
WHEREAS, in response to the adoption of Measure "C", the
Parties to this Agreement decided to formalize the previously
existing West Contra Costa Transportation Advisory Committee as a
legal entity created to address transportation issues; and
WHEREAS, each of the public Agencies which are a party to
this Agreement, hereafter referred to collectively as the
"Parties" , has the power to address transportation issues; and
WHEREAS, each of the Parties to this Agreement believes that
a combination of their separate powers and abilities may enable
them to more effectively respond to Measure "C" and to address
transportation issues ; and
WHEREAS, each of the Parties to this Agreement propose by
this Agreement to exercise their respective powers jointly fo_-
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 3
the purpose of responding to the passage of Measure "C" and
addressing existing and future transportation issues; and
WHEREAS, California Government Code Section 6500, et seq.
provides that two or more public Agencies by Agreement may
jointly exercise any power that any one of the Agencies could
exercise separately; and
WHEREAS, the Parties to this Agreement are desirous of
conferring upon a separate legal entity the necessary powers with
regard to responding to Measure "C" and for addressing
transportation issues for the benefit of each and all of the
Parties .
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS
FOLLOWS :
1 . OBJECTIVE AND COMMISSION
The objective of this Joint Exercise of Powers Agreement is
to create a city, county, transit district transportation
advisory committee which shall protect and advance the
interests of West Contra Costa County communities with
regard to transportation issues in general and the
utilization of Measure "C" funds in particular. More
specifically, the committee created by this Agreement is
commissioned to :
(A) Assist member Agencies with a coordinated and
cooperative implementation of the West Contra Costa
Action Plan Update 2000;
(B) Participate in the development and implementation of
the Countywide Comprehensive Transportation Plan;
{C) Initiate "area specific" and/or "project specific"
transportation studies/plans where appropriate;
(D) Assist member Agencies with Congestion Management
Program compliance requirements;
(E) Develop regional strategies and meet regional
requirements established by Measure "C" ;
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 2
(F) Cooperatively address transportation issues, beyond
Measure "C" requirements, when said issues affect West
Contra Costa County interests;
(G) Assess the transportation needs of the West Contra
Costa County area;
(H) Consider the development of expanded West Contra Costa
County transit services and Transportation Systems
Management (TSM) programs;
(I ) Advise: the Parties on transportation issues;
(v) Coordinate the actions and responses of the Parties
with regard to transportation issues;
(K) Formulate transportation policy statements;
(L) Sponsor educational forums, workshops, TSM Coordinator-
training; and discussions on transportation matters;
(M) Develop and administer a West Contra Costa .Regional TSM
program to encourage use of alternatives to single
occupant commute travel;
(N) Gather information necessary to carry out the foregoing
purposes;
(0) Oversee the Subregional Transportation Migration
Program (STMP) ; and
(P) Manage the Richmond Intermodal Station. project .
2 . DEFINITIONS
Certain words as used in this Agreement shall be defined as
follows :
(A) "Agency" shall mean each city, transit district, county
or joint exercise of powers authority which Is a
signatory to this Agreement.
(B) "Board" shall mean the board constituted herein
pursuant to this Agreement to administer and execute
this Agreement .
(C) "Congestion Management Program" shall mean the State
mandated program which establishes performance
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 3
standards and requirements for the transportation
system, creates a process to analyze the impact of land
use changes on regional transportation, and creates a
capital improvement program to maintain the regional
transportation system.
(D) "Countywide Comprehensive Transportation Plan (CCTP) "
shall mean a countywide plan required under Measure
"C" . The CCTP is created from the five regional
transportation planning committee action plans and is
updated every two years .
(E) "Subregional Transportation Mitigation Program" or
"STMP" shall refer to the program under which developer
fees are imposed on properties located in the West
Contra Costa County area for use in funding
transportation mitigation projects .
(F) "Transportation Systems Management" or "TSM" shall mean
any combination of measures that are designed to
provide information, assistance, and incentives to
employees and residents to encourage use of
alternatives to single occupant commute travel .
(G) "TSM Ordinance" shall mean the Transpertation Systems
Management ordinance (s) adopted by West Contra Costa
cities and Contra Costa County setting forth the
purpose, goal, objectives, requirements, and
responsibilities of the West Contra Costa Regional TSM
Program.
(H) "West Contra Costa fiction Plan Update 2000" shall mean
the regional transportation plan update for West County
adopted July 2000, required by Measure C, and intended
to create a framework for member agencies to jointly
and cooperatively address regional transportation
issues .
( I) "West Contra Costa Regional TSM Program" shall mean a
Transportation Systems Management Program managed by
the WCCTAC staff on behalf of the member cities with
the purpose of reducing vehicle trips and increasing
ridesharing and transit usage .
( J) "West Contra Costa Transportation Advisory Committee""
also referred to as "WCCTAC" shall mean the public and
separate entity created by this Agreement
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 4
(K) "West Contra Costa Transportation Advisory Committee-
Technical Advisory Committee" also referred to as
"WCCTAC-TAC" shall mean the technical advisory
committee to the West Contra Costa Transportation
Advisory Committee.
3 . HEADINGS
All headings contained herein are for convenience or
reference only and are not intended to define or limit the
scope of any provision of this Agreement .
4 . EFFECTIVE DATE
This restatement and amendment of the WCCTAC Joint Exercise
of Powers Agreement shall become effective upon the receipt
by the WCCTAC Managing Director of properly executed copies
of the Agreement from not less than two--thirds of all member
Agencies of WCCTAC .
5 . CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY
CO.LMITTEE
WCCTAC was formally created as a "Joint Powers Agency" in
1990 pursuant to California Government Code Section 5500, et
seq. Through this Agreement it is hereby confirmed that the
West Contra Costa Trans-oortation Advisory Committee
{hereinafter referred to as "WCCTAC") shall exercise in the
manner hereinafter set forth the powers common to each of
the member Agencies until this Agreement is amended or
terminated. WCCTAC shall be a public entity separate from
}h.e member Agencies . Na debt, liability, or obligation of
the WCCTAC shall constitute a debt, liability, or obligation
of any member Agency. Each Agency' s obligation hereunder is
expressly limited only to the appropriation and contribution
of such funds as the parties hereto may agree to and direct
in accordance with this Agreement.
5 . POWERS
The powers of the WCCTAC shall include and be limited to the
following.,
WCCTAC JOINT EXERCISE of POWERS AGREEMENT (09/19/02) PAGE 5
(A) to annually adopt a work program along with a budget
setting forth all operational expenses for WCCTAC,
together with an apportionment of expenses allocated to
each Agency. The work program and budget of the WCCTAC
shall be prepared by April 1 and shall be submitted for
review to each member Agency prior to its adoption on
or about July 1 . Each member Agency shall provide
comments to WCCTAC staff concerning the WCCTAC work
program and budget by June 1 .
(B) to make and enter into contracts;
(C) to apply for and accept grants, advances, and
contributions;
(D) to employ or contract for the services of agents,
consultants, engineers, attorneys, and such other
persons or firms as it deems necessary to carry out the
objectives of this Agreement;
(E) to conduct studies;
(F) to develop and administer the West Contra Costa
Regional TSM program;
(G) to periodically review transportation plans and TSM
programs and ordinances, and recommend changes thereto;
and
(H) to incur debts, liabilities, or obligations, subject to
limitations herein set forth.
7 . BOUNDARIES
The boundaries of WCCTAC shall be the boundaries as shown in
Appendix A which is attached hereto and incorporated herein
by this reference .
8 . OVERALL ORGANIZATION
The WCCTAC Board shall provide overall policy direction for
the coordinated implementation of the West Contra Costa
Action Plan Update 2000 and decision making for general
WCCTAC operations including implementation of the West
Contra Costa Regional TSM Program. The WCCTAC-TAC shall
provide administrative guidance and technical review to the
Board. Staff or consultants hired by WCCTAC shall report
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 6
directly to the WCCTAC Managing Director with consultation
from. the WCCTAC-TAC.
9 . WCCTAC ORGANIZATION
(A) WCCTAC Board
WCCTAC shall be governed by the WCCTAC Board which
shall exercise all powers and authority on behalf of
WCCTAC . The Board is empowered to establish its own
procedures . The Board may do any and all things
necessary to carry out the purposes of this Agreement .
(") Members
(a) The Board shall consist Of eleven members
which shall be allocated in the following
manner:
(�) Three members shall be appointed by
the governing body of the City of
Richmond;
The governing bodies of the cities
of El Cerrito, Hercules, Pinole and
San Pablo shall each appoint one
member;
The governing body of the County of
Contra Costa shall appoint one
member;
{iv} The governing bodies of AC Transit
and BART shall each a-otDoint one
member; and
(v) The governing body of WestCAT shall
appoint one member provided that
the WestCAT member (and said
member's alternate) shall not be a
representative (either elected or
non-elected) from either the City
of Hercules or the City of Pinole .
(b) Upon execution of this Agreement, the
governing body of each Agency shall appoint
the appropriate number of its members to
WCCTAC JOINT EXERCISE OF POWERS P.GREEMENT (09/19/02) PAGE 7
serve as members of the Board and an
appropriate number of its members to serve as
alternate member (s) of the Board to serve in
the absence of its regular appointees . Each
member and alternate shall hold office from
the first meeting of the Board after
appointment until a successor is selected.
Each member and alternate shall serve at the
pleasure of the governing body or bodies of
the appointing Agency or Agencies . In the
case of members or alternates who are elected
officials, if a member or alternate ceases to
be an elected official of the member Agency,
he or she shall then be ineligible to serve
on the WCCTAC Board, and the appointing
Agency shall appoint a successor prior to the
next Board meeting. Likewise, if a non-
elected member or alternate is replaced, said
member or alternate shall be ineligible to
serve on the WCCTAC Board, and the appointing
Agency shall appoint a successor prior to the
next Board meeting. Each member and alternate
shall serve without compensation.
(2 ) officers
The WCCTAC Board members shall select from the
WCCTAC Board a Chair and Vice Chair who shall hold
office for a period of one year, coiLmencing
February l; provided however, that in the event
that a member Agency removes from the Board a
member serving as an officer, the Board shall
appoint a member from the newly constituted Board
to fill the vacant office for the remainder of
that year.
( a) Chair. The Chair shall preside at the
meetings of the Board; call meetings to
order; adjourn meetings; announce the
business and the order it is to be acted
upon; recognize persons entitled to the
floor; put to vote all questions, moved and
seconded; announce result of votes; maintain
the rules of order; execute documents and
official actions on behalf of the Board when
duly approved; and carry out other duties set
forth in the by-laws .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 8
(b) Vice Chair. The Vice Chair shall serve as
Chair in the absence of the regularly elected
Chair.
(c) Secretary. The WCCTAC Managing Director
shall serve as the Secretary and shall
prepare, distribute, and maintain minutes of
meetings of the WCCTAC Board, the WCCTAC-TAC
and any committees of the WCCTAC (or shall
contract for such services) . The Secretary
shall also maintain the official records of
the WCCTAC and shall file notices as required
by Paragraph 20 Of this Agreement .
(d) Treasurer. WCCTAC shall employ or contract
for the services of a Treasurer who shall :
(i) Report to the WCCTAC Managing
Director;
(ii) Receive and provide for the receipt
of all funds of the WCCTAC and
place them in the treasury to the
credit and for the account Of the
WCCTAC;
Be responsible, upon an official
bond, for the safekeeping and
disbursement of all funds of the
WCCTAC;
(iv) Pay, when due, out of funds of the
WCCTAC, all sums payable on
outstanding Revenue Bonds and other
indebtedness of the WCCTAC;
(v) Pay any other sum duly authorized
for payment from funds of the
WCCTAC;
(vi) Verify and report, in writing, on
the first day of July, October,
January, and April of each year to
the Board and each member, as of
the end of the preceding month, the
amount of funds held for the
WCCTAC, the amount of receipts
since the last report and the
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 9
amount paid out since the last
report; and
(vii) Invest WCCTAC` s funds in the manner
provided by law and collect
interest thereon for the account of
the WCCTAC .
(3) Vote
(a) Authorized Voting Members
Each member or designated alternate shall be
authorized to vote.
(b) WCCTAC Business
For purposes of decisions related to the
regular business of the WCCTAC, including
policy decisions, preparation of budgets and
expenditures of funds, the City of Richmond
shall have three votes; the cities of El
Cerrito, Hercules, Pinole and San Pablo shall
have one vote apiece; the County of Contra
Costa shall have one vote; AC Transit and.
BART shall have one vote apiece; and WestCAT
shall have one vote . A majority vote of six
shall be required for the adoption of any
course of action related to the regular
business of the WCCTAC.
(c) Appointment of Representatives to the Contra
Costa Transportation Authority
Decisions related to determining WCCTAC
appointments to the Contra Costa.
Transportation Authority shall be made only
by the participating City and County
jurisidictions . In these cases,
participating cities and the County shall
each have one vote. A majority vote of four
shall be required for any WCCTAC decision
related to appointment of representatives to
the Contra Costa Transportation Authority.
'ATCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/15/32) PAGE 10
(4) Meetings of the Board
( a) Regular Meetings
The Board shall meet at least ten times per
year. The date, hour and place at which each
such regular meeting is held shall be
determined by a majority vote by the Board.
(b) Special Meetings
Special meetings of the Board may be called
in accordance with the provisions of Section
54956 of the California Government Code.
( c) Notice of Meetings
All meetings of the Board shall be held
subject to the provisions of the Ralph M.
Brown Act, being California Government Code
Sections 54950, et seq. , and other applicable
laws of the State of California requiring
notice of meetings of public bodies to be
given .
(d) Minutes
The Board shall cause minutes of all meetings
to be kept and shall include the minutes in
the next agenda packet.
( e) Quorum
A majority of the members of the Board shall
constitute a quorum for the transaction of
business .
(5) Bylaws
The Board shall adopt from time to time such
bylaws, rules or regulations for the conduct of
its affairs as may be required.
(B) WCCTAC STAFF
(1 ) Con-oosition
The WCCTAC shall have a staff consisting of a
Managing Director who shall serve as the primary
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 11
staff person, a Transportation Project Specialist
and clerical support. In addition, independent
consultants and/or interns may be engaged on a
continuing or short-term basis, as needed. The
Managing Director shall report to the WCCTAC
Chair .
(2) Additional Staff
Additional staff may be added with Board approval
within the constraints of the then current fiscal
year budget .
(C) WCCTAC-TAC ORGANIZATION
(1) Composition
The WCCTAC shall have a technical advisory
committee which shall be known as the WCCTAC-TAC
and which shall be composed of the City Managers
of the participating cities or said City Managers '
designees; the District Managers of the
participating transit authorities or said District
Manager ' s designees; and the County Administrator
for Contra Costa County or said County
Administrator' s designee .
(2) Duties
The WCCTAC-TAC shall study and discuss issues
pertaining to WCCTAC and shall make
recommendations to the WCCTAC concerning those
issues . However, the role of the WCCTAC-TAC in
making recommendations to the WCCTAC shall not be
deemed to preclude the WCCTAC from considering
recommendations from other bodies and. concerned
individuals .
(3) Officers
The WCCTAC-TAC shall be chaired by the WCCTAC
Managing Director .
10 . SUPPORT SERVICES
Each of the Agencies shall strive to -provide the necessary
support to the Board as may be necessary for the Board to
fulfill its duties .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 12
11 . RESTRICTIONS UPON EXERCISE OF POWER OF BOARD
This Agreement is entered into under the provisions of Title
1, Division 7, Chapter 5, Article I, Section 5500, et seq. ,
of the California Government Code, concerning' joint powers
Agreements . The powers to be exercised hereunder shall be
subject to the restrictions upon the manner of exercising
the power of the City of San Pablo .
12 . FUNDS, AUDIT AND ACCOUNTING SERVICES
Pursuant to the requirements of Section 6505. 5 of the
Government Code, the Finance Division Manager of the City of
San Pablo is designated to be the depositary and to have
custody of all WCCTAC funds from whatever source, and to
perform the following functions, unless the WCCTAC Board
determines otherwise . Fiscal responsibilities shall include
the following:
(A) Receive and .receipt for all money for WCCTAC for the
credit of the Board;
(B) Be responsible upon official bond for the safekeeping
and disbursement of all Board money so held;
(C) Pay any sulrts due from the Board from Board money, or
any portion thereof, only upon warrants of the WCCTAC
Managing Director. There shall be a limit of $10, 000
on the amount of warrants which can be issued without
Board approval .
(D) The Finance Division Manager of the City of San Pablo
shall be considered the Treasurer of WCCTAC funds
unless otherwise determined by the WCCTAC Board. The
Trea.,s,zrer o` WCCTAC fiand.s shall have custody of all
WCCTAC funds and shall verify and report in writing on
the first day of October, January, and April of each
year; and within ninety (90) days after the close of
the fiscal year ended June 30th, to the Board and to
the participating Agencies to this Agreement, the
amount of money the Treasurer holds for the Board, the
amount of receipts, and the amount paid out since the
last report to the Board. The audit of funds shall be
conducted annually in compliance with Section 6505 of
the Government Code by an independent certified public
accountant qualified to perform on behalf of joint
power authorities . There shall be strict
accountability of all funds and reporting to the Board
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 13
of all receipts and disbursements . In each case the
minimurn recruirements of the audit shall be those
prescribed by the State Controller for municipalities
or counties and the audit shall conform to generally
accepted auditing standards .
(E) The Managing Director and the Treasurer are hereby
designated as the persons who have charge of and access
to the property of WCCTAC. Each such person shall -file
with the Board an official bond in an amount to he
fixed by the Board. The costs of the bonds shall be
paid by WCCTAC .
ai
13 . OBLIGATIONS OF THE AGENCIES
Each Agency shall :
(A) Be liable to the WCCTAC for, upon demand, its
proportionate share of expenses based upon the budget
adopted by the WCCTAC and member Agencies . Invoices
shall he prepared by the WCCTAC Managing Director. The
proportionate share of each Agency shall he determined
according to the following formula:
City of Richmond 27 .-2%
Citv of Ell Cerrito 9. i%
City of Hercules 9 . 1%
City of Pinole 9 . 1%
City of San Pablo 9 . 10
County of Contra Costa 9. 1%
San Francisco Bay Area
Rapid Transit District 9 . 10
Alameda-Contra Costa
Transit District 9. 1%
WestCAT 9 . 1%
(B) The WCCTAC will recommend a budget to member Agencies
each Fiscal Year and, based up-on the formula set forth
in Paragraph (A) above, WCCTAC shall annually determine
the amount ofeach member Agency' s annual proportionate
share .
(c) Commencing on July 111 , 1994, and continuing with each
July 1 thereafter, the WCCTAC shall approve a budget
which reflects the annual costs and the proportionate
share of required --Funding to be provided by eac-11-i member
Agency .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT PAGE 14
.. ..........................
...... ....... ......---l-....................... ...............
.............................................
. . .........................-
.....................................I..,...............11'',, ,
(D) WCCTAC members shall be invoiced annually on or about
July 1 for the next fiscal year and their share shall
be payable immediately.
14 . NON-DISCRIMINATION STATEMENT
WCCTAC promotes equal opportunities in the work place.
WCCTAC is an equal opportunity employer and does not
discriminate based on an applicant's, employee's, intern's or
contractor's race, color, religion, sex, sexual orientation,
national origin, citizenship, age, physical or mental
disabilities, or any other characteristic protected by state
or federal law.
15 . DISPOSITION OF WCCTAC FUNDS UPON TERMINATION
WCCTAC funds, including any interest earned on deposits,
remaining upon termination of this Agreement after payment
of all obligations, shall be returned in proportion to the
contribution made by each Agency- during the term of this
Agreement . Decisions of the Board shall be final in this
regard.
15 . WITHDRAWAL
Any Agency upon sixty ( 60) days ' written notice given to the
Chair of WCCTAC may withdraw from this Agreement; provided,
however, that the withdrawing Agency shall be liable for its
proportionate share of any expenses incurred, up to the date
that the termination becomes effective, which exceeds the
withdrawing Agency' s contribution under Paragraph 13; and
provided further, that in no event shall a withdrawing
Agency be entitled to a refund of all or any part of its
contribution made under Paracraph 13 .
17 . TERMINATION
(A) This Agreement shall remain in effect indefinitely
unless amended or terminated as Drovided hereunder.
(B) This Agreement may be terminated by the affirmative
vote of the governing bodies of not less than two-
thirds of all member Agencies .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 15
18 . AMENDMENTS
This Agreement may be amended by the following process :
(A) The WCCTAC Board shall first consider any and all
amendments to this Agreement . A majority vote of the
WCCTAC Board shall be required before any recommended
amendment to this Agreement is forwarded to the member
Agencies for consideration and adoption.
(B) This Agreement may be amended by an affirmative vote of
the governing bodies of not less than two-thirds of all
member Agencies .
(C) Any amendment that is approved shall not become
effective until the WCCTAC Managing Director receives
prcper?y executed copies of the Agreement from not less
than two-thirds of all member Agencies of WCCTAC.
19. NOTICES
All notices to Agencies shall be deemed to have been given
when mailed to the governing body of each Agency. Notices
to WCCTAC shall be sent to the WCCTAC Board at :
WCCTAC
13831 San Pablo Avenue
San Pablo, CA 94806
20. F17 INGS WITH THE SECRETARY OF STATE
Within 30 days of the effective date of this Agreement, the
Chair of WCC-TAC shall file with the Office of the California
Secretary of State a Notice of a Joint Powers Agreement for
WCCTAC pursuant to California Government Code Sections
6505 . 3 and 6505 . 11 , and a Statement of Facts - Roster of
Public Age.ncies Filing pursuant to California Government
Code Section 53051 .
IN WITNESS WHEREOF, these signatures attest the parties '
Agreement to the provisions of this Joint Exercise of Powers
Agreement .
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 1
............. ..............................
. .......... .............................%-.-.-.-.-..............,.....,.,....................�.�.�.�.�.�.�.�.�.�.�.�.�.�.�.�,�,�.�,�,��,����........................%...........................................
........................ .................................................................
...............
..........................
CITY" OF EL CERRITO
Executed on 2002, at ,
Cali f-orni.a,
Mayor
City Manager
Attest :
City Clerk
Approved as to form.
City Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE i7
CITY OF HERCULES
Executed on 2002, at
California.
Mayor
City Manager
Attest :
City Clerk
Approved as to form:
City Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 1R
...................
CITY OF PINCLE
Executed on , 2002, at
California.
Mayor
City Manager
Attest :
City Clerk
P:pproved as to form:
City Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 19
CITY OF RICHMOND
Executed on 2002, at
California .
Mayor
City Manager
Attest- :
City Clerk
Approved as to form:
City Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 20
..........................
............
. ........ ..........-
.................................. ...
CITY OF SAN PA.BLO
Executed on , 2402, at ,
California.
Mayor
City Manager
.Attest:
City Clerk
Approved as to form:
City ,Attorney
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 21
COUNTY OF CONTRA COSTA
Executed on January 212 2003, at —Martinez
California.
Ch-air, Board of Supervisors
Attest :
John Sweeten
Clerk of the Board of Supervisors
and County Administrator
By
Deputy C lerk
Approved as to form:
Silvano B-. Marchesi
County Counsel
BY
Deputy County counsel
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 22
................................... ......... .....................................................
.......... ...............................................................................
ALAMMED.A.-CONTRA COSTA TRANSIT DISTRICT
Executed on , 2002, at ,
California.
Beard Chair
District Manager
Attest:
Clerk of the Board
Approved as to farm.
Legal Counsel
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 23
SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
Executed on 2002, at
California.
Board Chair
District Manager
Attest :
Clerk of the Board
Approved as to form:
Legal Counsel
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 24
............... ................................
............................................o-...............o-o.-o-.......
WESTERN CONTRA COSTA COUNTY TRANSIT AUTHORITY
Executed on , 2002, at ,
California.
Board Chair
General Manager
7?ttest :
Clerk of the Board
Approved as to form:
Legal Counsel
WCCTAC JOINT EXERCISE of POWERS AGREEMENT (09/19/02) PAGE 25
4
1 Q
�O
cri
ui
Oi a vt
':J:•:: cGs Cyt art a u� V
4° a I1- ut 'da
y
C L
ti
y 11 d \
d
*rte w d� Cyd.
C
CL
Is
d •((``tl 11 N S �- ..�..._��,_.r
� o
m
/ o
m
4
� 4�. o t\ �.iiLifl sf L1D1✓IIF/
J
{Y
° ro
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 26
;: .................................................................
WCCTAC SCOPE OF WORK
FISCAL YEAR 2002-2003
Specific Projects for Fiscal Year 2002--2003
1 , Manage the Richmond Intermodal Transfer Station project and
assist with the Richmond Transit Village Project .
Management includes meeting coordination and attendance,
financial oversight, tracking grant funding, etc.
2 . Continue Transit Summit follow-up. Plan and implement
programs and projects using the tenets from the Transit
Summits as guiding principles .
3 . Update the Subregional Transportation Mitigation Program and
fee schedule.
4 . initiate and monitor implementation of actions in the Camino
Pablo/San Pablo Dam Road Corridor Plan and the West County
Action Plan for Routes of Regional Significance .
5 . Work with local jurisdictions and agencies to keep the
Hercules Train Station project moving forward.
6 . Along with CCT.P., Contra Costa County, and. Alameda County,
assist with implementation of Phase I of the San Pablo
Avenue Corridor project; and assist with the oversight of
the San Pablo Avenue ITS and the San Pablo Avenue SMART
Corridor Phase II projects .
7 . In conjunction with the City of Richmond and the transit
agencies, continue to plan and monitor improvements at the
Richmond Parkway Transit Center .
8 . Work with the City of E1. Cerr-J..tc and other agencies on the
Leasure C BART parking garage project and the BART shuttle .
9 . Work with the Technical Advisory Committee to plan and
implement a bus shelter program in West Contra Costa County.
10 . Through the Technical Advisory Committee, plan an overall
strategy for 1- 80 corridor improvements .
11 . Participate in meetings and provide West County input and
analysis for the potential re-authorization o: Measure C.
Keep WCCTAC and other West County elected officials apprised
of developments on the Measure C re-authorization.
WCCTAC JOINT EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 1
Ongoing WCCTAC Programs
1 > Participate in regional and sub-regional cooperative
planning efforts . Attend meetings and workshops,
participate on committees, report to the WCCTAC-TAC and the
WCCTAC as necessary.
2 . Aggressively seek funds and apply for grants for
transportation projects in West County.
3 . Advocate for transit improvements including, but not limited
to, increased funding, integrating transit components into
the land use planning process, and improving public outreach
and marketing for transit.
4 . Attend Contra Costa Transportation Authority Sub-commit-tee
and Board meetings . Inform WCCTAC-TAC and WCCTAC, as
appropriate .
5. oversee implementation of and manage fiscal aspects of the
Transportation Systems Management (TSM) program.
Ongoing WCCTAC Projects
1 . Support local bus transit improvements, express bus service
in the L-80 corridor, commuter rail projects, BART
extensions, shuttle projects, transit --enters, and freight
mobility projects in and through West County. Participate
on committees; attend meetings and workshops . Report to the
WCCTAC-TAC and WCCTAC as necessary.
General
1 . Administrative, personnel, program, and project management
and oversight .
2 . Key staff person and liaison to the WCCTAC-TAC and WCCTAC'
Board. Prepare meeting agendas and information packets .
3 . Prepare budgets, work plans, administrative procedures, and
contracts .
4 . Provide reports to the Board on the San Pablo Avenue
Corridor project, TSM, Paratransit, Highway 4 west,
finances, new transportation projects .
S . Participate in professional development- workshops, classes,
and conferences .
6 . Complete the University of California at Davis certificate
program in "Land Use and Environmental Planning."
WCCTAC JOIN7 EXERCISE OF POWERS AGREEMENT (09/19/02) PAGE 2
.......................................... ........... .............
..............
......................
WCCTAC FY 02-03 OPERATIONS BUDGET
41000 Salaries
Hammon <>>' 8 <<'
Brenner
< 4 <>
Fieldin " #> > "
Horn
49000 Benefits
Hammon
Brenner ..:
Fielding
43600 Professional Fees
West County Regional Studies*
CamutarE ui ment&Trainin
Technical Assisstance1
F'inanoe Services
Audit ;44ti
Transcri tion >s:
Liability Insurance ,:
:
Public Officers Insurance
Mann errant intern 1,00
......................................
......................................
43500 Office Supplies&Printing
42001 Telephone. ...;„
Postage and In-House Copies;
49001 Copy Machine Lease
Posta e fi 300
Copy Machine Lease �l)0
43900 Rent
Office Rental ....
Facility Rental
44320 Transportation/Travel
Professional Development(staff) ;l3ti
Conferences(Board members)
j Auto Allowance3i 1
Subseri tions/Dues 55D
44000 Special Department Expense
Contingency5,7{lk
TOTAL 22 473
Previously"Project Management and Regional Fee Oversight"
WCCTAC JOINT EXERCISE OF POWERS .AGREEMENT (06/19/02) PAGE 3