HomeMy WebLinkAboutMINUTES - 05111993 - 1.5 TO: BOARD OF SUPERVISORS
FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR
DATE: MAY 11, 1993
SUBJECT: ADOPTION OF THE FOURTH AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT OF THE STATE ROUTE 4 BYPASS AUTHORITY FOR ROUTE ADOPTION
OF THE DELTA EXPRESSWAY
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) &BACKGROUND AND JUSTIFICATION
I. Recommended Action:
ADOPT the Fourth Amendment to the Joint Exercise of Powers Agreement (JEPA) for route
adoption of the Delta Expressway.
II. Financial Impact:
There is no financial impact of approving the Fourth Amendment which extends the term of the
JEPA.
Ill. Reasons for Recommendations and Background:
The State Route 4 Bypass Authority is a Joint Exercise of Powers Agency, charged with the
responsibility of: preparing and certifying an Environmental Impact Report (EIR); and adopting
a precise alignment for the State Route 4 Bypass, also known as the Delta Expressway. The
Joint Powers consist of the County of Contra Costa and the Cities of Brentwood and Antioch.
The present JEPA expired on April 30, 1993. The Fourth Amendment extends the agreement
to June 30, 1996. It is anticipated that the responsibilities of the State Route 4 Bypass Authority
will be completed by this date.
IV. Consequences of Negative Action:
If the Fourth Amendment to the JEPA is not approved, work on the EIR and preliminary design
for the State Route 4 Bypass/Delta Expressway will stop.
Continued on Attachment: SIGNATURE:
_ RECOMMENDATION OF COUNTY ADMINISTRATOR
_ RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON MAY 111993 APPROVED AS RECOMMENDED OTHER
VOTE.OF SUPERVISORS
IX UNANIMOUS (ABSENT )
AYES: NOES:
ABSENT: ABSTAIN:
hereby Certify that this is a true and correct copy J'
LT/MH:pe an action taken and entered on the minutes of tre
c:/tp/TransEng/JEPA 11.t5 :3oard of Sup r the date'shown.
Orig. Div: Public Works (Major Projects) ATTESTED: ��� �
Contact: Lowell Tunison,313-2382 PHIL BATCHELOR,Clerk of the Beard
cc: Accounting, Public Works Of Supervisors and Co u ty Administrator
Auditor/Controller r
Building Inspection B "Deputy
CAO y
Community Development Director
County Coiinnel
Public Works Director
Treasuror/Tax Collector
FOURTH AMENDMENT TO THE
JOINT EXERCISE OF POWERS AGREEMENT
FOR ROUTE ADOPTION
OF THE DELTA EXPRESSWAY
1. Effective Date and Parties. Effective April 30, 1993, the County of Contra Costa, a
political subdivision of the State of California organized and existing under the laws
of the State of California (hereinafter referred to as the "County"), the City of
Brentwood, a municipal corporation duly organized and existing under and by virtue
of the laws of the State of California (hereinafter referred to as 'Brentwood"), and
the City of Antioch, a municipal corporation duly organized and existing under and
by virtue of the Iaws of the State of California (hereinafter referred to as "Antioch"),
mutually agree as follows:
2. Purpose. Effective February 29, 1989,the parties entered into an agreement entitled
"JOINT EXERCISE OF POWERS AGREEMENT FOR ROUTE ADOPTION OF
THE DELTA EXPRESSWAY" (hereinafter referred to as the "Agreement"). The
Agreement has previously been amended as follows: First Amendment effective
October 23, 1990; Second Amendment effective May 28, 1991; and Third
Amendment effective August 25, 1992. The parties now desire to further amend the
Agreement to extend the term of the Agreement.
3. Amendments to Agreement. Revise Section 3 to read as follows:
"This agreement shall expire June 30, 1996 and after all payments and
reimbursements are made by and to each party. Participation by any party to
this agreement may be terminated upon thirty (30) days'written notice to the
others; provided, however, that upon execution of a contract with any
consultants, each party shall remain responsible for payment for completion
of work pursuant to the terms of the contract, notwithstanding its termination.
Notwithstanding the expiration or termination of this agreement, the
provisions of Section 13 shall remain in full force and effect unless and until
modified or terminated by mutual written consent of the parties."
4. Effect. Except as modified by this and previous Amendments, all provisions of the
Agreement shall remain in full force and effect.
COMn?,A COSTA COUNTY CITY OF ANTTOCH
a political subdivision of a municipal corporation
the State of California
---.` , By:
By: /���y� Joel Keller, Mayor
Tom Torlakson
Chair, Board of Supervisors ATTEST:
ATTEST:
Phil Batchelor, Clerk of the Board By:
of Supervisors and County Administrator Florence V. Rundall
City Clerk
By: i APPROVED AS TO FORM:
Deputy
RECOMMENDED FOR APPROVAL:
By:
William R. Galstan
City Attorney
J. h el Walford CITY OF BRENTWOOD:
Public Works Director a municipal corporation
By: By:
4rvey"4rragdon Arthur Gonzalez, Mayor
Communit Development Director
ATTEST:
APPROVED AS TO FORM:
Victor J. Westman, County Counsel
By:
Vilma R. Streuli
City Clerk
By:
Deputy APPROVED AS TO FORM:
By:
Dale C. Adams
City Attorney
MH:
c:JEPA4amd.t5
May 13, 1993