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HomeMy WebLinkAboutMINUTES - 03281995 - 1.52 •�� ., --�-�: Contra TO: BOARD OF SUPERVISORS n�I ' Costa County FROM: HARVEY E. BRAGDON ,,,, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MARCH 28, 1995 oHi'� � SUBJECT: MEMORANDUM OF UNDERSTANDING-COMPREHENSIVE SUBREGIONAL PLANNING PILOT PROJECT. SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Staff recommends that the Board of Supervisors: 1. Acknowledge the amended language in the proposed Memorandum of Understanding for the Comprehensive Subregional Planning Pilot Project in the Tri-Valley area and authorize the Chair to execute the Memorandum of Understanding pursuant to Resolution #95/96. 2. Designate Supervisor Bishop as the Contra Costa County Board of Supervisors member on the Tri-Valley Planning Committee. FISCAL IMPACT The fiscal impact is unchanged from the previously approved Memorandum of Understanding. BACKGROUND(REASONS FOR RECOMMENDATIONS On February 28, 1995 the Board adopted Resolution 95/96 recommending authorizing the Chair to execute a Memorandum of Understanding on behalf of the County, by and between member jurisdictions of the TVTC, to provide for the participation in the Comprehensive Subregional Planning Pilot Project in the Tri-Valley area. Subsequent to the Board's consideration of this . Memorandum of Understanding, the City of Dublin proposed modifications to the proposed Memorandum of Understanding which contain ,the following modifications: CONTINUED ON ATTACHMENT: X YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON -IVA 1-,, a.% , Xq 9S APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE. BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Dennis M. Barry (646-2091) ATTESTED `�►'1�1 a�.e�h a-�, X995 cc: Community Development Department PHIL ATCHELOR, 6LERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR DMB/df B02 :subreg2 .bo BY , DEPUTY Page Two 1. Change the name of the Tri-Valley Planning Council to the Tri- Valley Planning Committee. 2 . Provide for the adoption of the resultant Tri-Valley Subregional Planning Strategy to be by unanimous vote of representatives of all parties, rather than the majority of those representatives present, which was previously required.. 3 . Insertion of a paragraph clarifying that the adoption of the strategy would not require any agency to include the strategies, goals, objectives and policy language in such agency's General plan or policy documents. Rather, if adopted by unanimous vote, the strategy will be used by each parties to the Memorandum of Understanding in the manner each agency determines is appropriate in it's community. 4. The revised Memorandum of Understanding now provides that it shall terminate either 6 months after adoption of the Memorandum of Understanding by the last party to it or by mutual written' agreement by all of the parties. A copy of the Memorandum of Understanding indicating the proposed changes is attached as "Attachment All. The Memorandum of Understanding provides that the representative to the Tri-Valley Planning Committee from the County shall be an elected member of the Board of Supervisors to be appointed to serve at the pleasure of the Board. The Board of Supervisors member shall have the option of designating an appointee to serve on their behalf on the planning committee. The planning committee member will have the responsibility of providing the Board with routine progress reports and receive input for the planning committee. Staff recommends that Supervisor Bishop be appointed the representative of the Contra Costa County Board of Supervisors because the Contra Costa portion of the Tri-Valley lies within Supervisorial District 3 . 65- 3 MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ALAMEDA, CONTRA COSTA COUNTY, TOWN OF DANVILLE AND THE CITIES OF DUBLIN, LIVERMORE, PLEASANTON AND SAN RAMON 1. Parties. This Memorandum of Understanding (hereafter referred to as "MOU"), dated February 15, 1995, for reference only, is entered into by and among the following . public agencies: the County of Alameda, the County of Contra Costa, the Town of Danville, the City of Dublin, the City of Livermore, the City of Pleasanton and the City of San Ramon (collectively hereafter referred to as "Parties" or "Party"). 2. Recitals. Each Party to this MOU is a public agency duly authorized and existing under the law of the State of California. The County of Contra Costa, the Town of Danville and the City of San Ramon are situated within the boundaries of the County of Contra Costa. The County of Alameda, the City of Dublin, the City of Livermore and the City of Pleasanton are situated within the boundaries of the County of Alameda. The area commonly known as the "Tri-Valley Area" encompasses the Town of Danville, the Cities of Dublin, Livermore, Pleasanton and San Ramon and portions of the Counties of Alameda and Contra Costa immediately adjacent to the cities and town. The parties hereto recognize that coordination of planning efforts in the Tri-Valley Area is to the benefit of all parties hereto and their constituents. 3. Purpose. The purpose of this MOU is to provide a framework for oversight of efforts associated with the Comprehensive Subregional Planning Pilot Project in the Tri- Valley area (hereafter referred to as "Project"). The purpose of the Project is two-fold: 1) to demonstrate coordinated, multi-jurisdictional local planning (at a subregional level) to achieve region-wide goals and objectives; and 2) to produce a draft subregional strategy comprised primarily of model goals, objectives, and policy language for potential inclusion in the general plans and related policy documents of the participating jurisdictions. The draft subregional strategy will consist of two documents, the 'Draft Tri- Valley Subregional Planning Strategy" (hereafter referred to as "Strategy") and the "Technical Supplement" (which includes the background information used to develop the Strategy). The MOU also serves to establish the responsible Party for financial oversight of funds expended in conjunction with the development of the referenced documents. By entering into this MOU, the Parties do not intend to create an agency or entity separate from the Parties to the MOU and no provision of this MOU should be so construed. 4. Tri-Valley Planning Committee. The administration of the activities called for in this MOU is delegated to and vested in the "Tri-Valley Planning Committee" (hereafter referred to as "Planning Committee"). The Planning Committee shall be comprised of one elected member of the board of supervisors and city or town council of the respective Parties to the MOU, to be appointed and serve at the pleasure of the respective board or council. The board of supervisor members appointed to the Planning Committee shall each have the option of designating an appointee to serve on their behalf on the Planning Committee. These appointees shall have full voting privileges. Planning Committee members shall have the responsibility to report to their respective board or council on a routine basis to keep them informed of progress and to receive input for the Planning Committee. Each member of the Planning Committee shall have equal voting privileges, however, members shall attempt to reach consensus following full discussion. Upon the initial meeting of the Planning Committee, one member shall be elected by the Planning Committee members to serve as chairperson and one person shall be elected to serve as vice-chairperson. Each Party may appoint an alternate who may vote in the absence of the designated voting member. The Planning Committee is authorized and directed, on behalf of all Parties, to perform all acts necessary or desirable to execute and administer this MOU including, but not limited to: selecting and retaining a consultant to prepare the Strategy; authorizing, evaluating and monitoring the expense of preparation of the Strategy; and other actions consistent with this MOU. 5. _Draft Tri-Valley Subregional Planning Strategy. The Draft Tri-Valley Subregional Planning Strategy ("Strategy") shall be prepared by a consultant selected by the Planning Committee. The work plan to develop the Strategy, the corresponding time table to accomplish the work, and the description of the work product shall be as substantially as depicted in the grant proposal submitted to ABAG on November 29, 1994. 6. Administrative Services. There shall be technical advisory committee (hereafter referred to as "TAC"), made up of one staff member from each Parry, with one staff member serving as chairperson. It shall be the responsibility of the chairperson of the TAC to provide administrative services as necessary to the Planning Committee, such as preparation of agendas for Planning Committee and TAC meetings. The chairperson shall rotate among the parties. The City of San Ramon shall receive the grant funds from ABAG for the Project. Representatives of special districts and other agencies operating in the Tri- Valley area will participate as "ex-officio" members of the TAC. Members of community organizations and the public will be welcomed to attend meetings of the TAC. 7. Contract Administration. The City of San Ramon shall serve as Contract Administrator and shall be responsible for administering the consultant services utilized in conjunction with this MOU. The Contract Administrator shall prepare regular written reports to the Planning Committee,ABAG and the TAC on the status of consultant services. Y 8. Accounting Services. The Finance Director of the City of San Ramon shall provide accounting services for all payments and receipts required by the terms of this MOU, and shall be responsible for the safekeeping of all funds by or to the Parties to this MOU. 9. Vote Required. Members shall attempt to reach consensus following full discussion. The seven Planning Committee members shall have equal voting privileges. Except as provided below, voting shall be by majority of those representatives present, with a quorum of four members required. Adoption of the Tri-Valley Subregional Planning Strategy shall be by unanimous vote of representatives of all parties. 10. Effect of Adoption of Strati. If adopted by unanimous vote, the Strategy shall be used by each public agency a party hereto in the manner it determines is appropriate in its community. Adoption of the Strategy shall not require any public agency to include the Strategy's model goals, objectives and policy language in such agency's general plan or other policy documents. 11. Amendment. This MOU may be amended at any time upon the written approval of all Parties to the MOU. 12. Notices. Any notices to be sent to any Party shall be directed to the office of the city manager or county administrator of the Parry, with copies to all other city managers and county administrators and the respective TAC members representing each Party. 13. Termination of MOU. This MOU shall terminate upon the occurrence of any of the following conditions: a. Six months after adoption of this MOU by the last party. b. Mutual written agreement by all Parties hereto. 14. Withdrawal of Individual PaM(ies). With ninety days' prior written notice of their intent to withdrawal from the Project, any Party(ies) shall have the right to withdraw from the process. Except as may otherwise be provided for in Section 13 above, withdrawal of any Party(ies) from the process shall not cause termination of the provisions of this MOU. 15. Disposition of Funds Upon Termination. Any unexpended ABAG grant funds remaining with the Finance Director of the City of San Ramon shall be returned to ABAG upon termination of this MOU. 16. Effective Date. This MOU shall become effective upon the date of execution of the last signatory hereto. UNTY OF ALAMEDA Dated: Gail Steele, Chairman Approved to Form: Attest: Aye County Counsel COU TY OF CONTRA COSTA Dated: Gayle ishop, Cha' an Approved as to Form: Attest: County Codinsel TOWN OF DANVILLE Dated: 00 Millie Greenberg, Mayor Approved as to Form: Attest: J2Z � e City Attorney City Clerk (signatures continued on next page) CI F DU LI Dated: 195 Guy S ouston, Mayor Approved as to Form: Attest: City Attorney City Cle k CITY OF LIVERMORE CITY OF LIVERMORE Dated: March 27, 1995 z �z- � 1-� -� Cathie Brown, Mayor Approv s to Form: Attest: City Attorney City Clerk CITY OF PLEASANTON Dated: Ta ayor Approved as to Form: Attest: City Attorney City k (signatures continued on next page) f y , M 4Car , MON Dated: AX r ACityAtto as to Form: Attest: ney . AC ler C \planning\gailey\revmou.m14 I hereby certify under penalty of perjury that the President of the Board of Supervisors was dulo iz d to execute this document on behalf of the County of Alameda by a majority vote of the Board on § 1995: Cq 54,57 and that a copy has been delivered to the President as provided by Government Code Section 25103. a Date: MAY 0 5 1995 DARLENE J.BLOOM,Acting Clerk of the Board of Supervisors,County of Alameda,State of California 0 0 u v C'q<fFORN`P By---Z -7- —/�t�