HomeMy WebLinkAboutMINUTES - 06041996 - D4 Contra
Costa
TO' BOARD OF SUPERVISORS
- -
FROM: TRANSPORTATION COMMITTEE County
DATE: May 20, 1996
SUBJECT: County Participation in TRANSPAC Joint Exercise of Powers Agency
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . That the County not support the formation of a joint powers agency by
TRANSPAC at the present time.
2. That the County not support weighted voting for TRANSPAC.
FISCAL IMPACT
None. The County currently makes an annual contributution to the TRANSPAC budget
of approximately $18,000. This contribution is drawn from the County's Measure C -
1988 allocation from the Contra Costa Transportation Authority.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
law lAlaijol
SIGNATURE(S): J i Tom Torlakson
ACTION OF BOARD ON: June 4, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT) Snaith 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.
Orig Dept: Community Development ATTESTED June 4 , 1996
Contact: Ernest Vovakis, 335-1243 PHIL BATCHELOR, CLERK OF
cc: TRANSPAC (via CDD) THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY Y
TRANSPAC JPA
May 20, 1996
Page 2
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 7, the Board of Supervisors referred a letter to the Transportation Committee from Bill
McManigal, Chairman of TRANSPAC, the regional transportation planning committee for central Contra
Costa County, requesting consideration of establishing TRANSPAC as a joint powers agency. Mr.
McManigal also requested consideration of weighted voting for conducting TRANSPAC business. Mr.
McManigal's letter appears in Exhibit A.
JPA Issue
TRANSPAC has operated since 1991 under a cooperative agreement among the six jurisdictions (Cities
of Clayton, Concord, Martinez, Pleasant Hill Walnut Creek, and the County) which authorized the
committee to hold meetings, conduct studies and prepare plans, review plans, and adopt policy
statements on transportation issues affecting the central County area. The agreement assigned power
to enter into contracts, apply for and accept grants, hire consultants, and other fiscal matters to a
"designated city". The City of Pleasant Hill has agreed to serve this function.
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TRANSPAC decided to reorganize itself as a joint exercise of powers agency for the following reasons:
(1) to implement a regional transportation mitigation fee program; (2) to be able to apply for and;receive
grants. TRANSPAC has received several grants from the Bay Area Air Quality Management District, but
since it was not a legal entity, it had to submit the grant applications through a local sponsor, the City
of Pleasant Hill.
TRANSPAC has been discussing the development of a regional transportation mitigation program, as
required by Measure C. This program was assumed to consist of a regional fee on new development
to fund a specified list of transportation improvements. Last summer, TRANSPAC requested its
members to review an issue paper concerning a regional fee. In response, the Board of Supervisors
approved a set of principles to guide the development of a regional transportation mitigation program
for central County. Since then, however, the central county jurisdictions have not made any progress
on a regional fee program. The draft joint powers agreement includes a "place-holder" section
concerning the regional fee program with the intent to amend the document if and when a regional fee
program is adopted by the member agencies.
In discussing this issue, the Transportation Committee does not see any urgency for proceeding with
the formation of a joint powers agency for TRANSPAC at this time. The Committee believes that if
TRANSPAC agrees on development of a regional fee program, this program could be implemented
through the formation of a limited-purpose JPA, the Contra Costa Transportation Authority, or through
joint action of its member agencies. The Committee invites TRANSPAC to provide any additional
justification for the formation of a joint powers agency that it hasn't considered.
Weighted voting issue
In the past TRANSPAC has operated primarily by concensus; on occasion, issues have been decided
by a vote. The current agreement provides that the voting members are the elected officials and the
planning commissioners, or their alternates, except in the appointment of representatives to the Contra
Costa Transportation Authority where only elected officials may vote. In any case, each jurisdiction
currently has an equal vote. The representative from the City of Concord has proposed weighted
voting, which is based on an average of the projected growth in population, jobs and housing for each
jurisdiction through the year 2010. Under this formula, the City of Concord would have 39% of the
vote, the City of Walnut Creek 24%, the City of Pleasant Hill and the County, 12% each, the City of
Martinez 10% and the City of Clayton 3%. Weighted voting would create a situation where 2
jurisdictions would have a majority vote. The Committee believes that equal voting by each member
jurisdiction has functioned well in the past and should be retained.
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i=XhLai T A
TRANSPAC Transportation Partnership and Cooperation �• '�
Clayton, Concord, Martinez, Pleasant Hill, Walnut Creek and Contra Costa County.. :
100 Gregory Lane,Pleasant Hill, California 94523 (510) 671-5250 J'
' Supervisor Jeff Smith f.^ �n�Ap'$1 R�,
9j3
Contra Costa County Board of Supervisors
JE.►'Ei -;; ,' SEP
Dear Supervisor Smith: j
TRANSPAC,the Regional Transportation Planning Committee for Central Contra Costa, is requesting your
jurisdiction's consideration and formal action establishing TRANSPAC as a Joint Powers Agency. A draft
Joint Exercise of Powers Agreement (JPA)is enclosed for your review.
In 1990, After several years of operating on an informal basis, Central County jurisdictions approved an
agreement to establish TRANSPAC as a partnership. That agreement was amended by the jurisdictions in
1993 to establish new quorum requirements,policy on the appointment of representatives to the Contra Costa
Transportation Authority and other minor revisions and format changes.
Over the past two years or so, TRANSPAC has encountered some difficulty in conducting its routine
business such as filing grant applications and executing grant contracts because TRANSPAC does not
currently exist as a distinct legal entity. To continue to operate,we have heavily relied on the good offices
of the City of Pleasant Hill and the use of its municipal authority. During the same time our Technical
Advisory Committee has been working on the development of a Regional Transportation Mitigation Program
(RTMP) required for compliance with the Measure C Growth Management Program. In order to process
grants and contracts on our own, TRANSPAC should exist as a separate legal entity through the adoption
of a Joint Powers Agreement.
As a result, TRANSPAC has developed this Agreement to achieve two goals: 1) to allow TRANSPAC to
conduct its routine business including the filing of grant application and execution of contracts without having
to rely on the authority of local municipalities to conduct day to day business; and 2) to establish the
mechanism through which TRANSPAC could implement the required Regional Transportation Mitigation
Program(RTMP)for compliance with the Measure C Growth Management Program, should such a program
be approved by TRANSPAC and Central Contra Costa jurisdictions.
Since its inception,TRANSPAC has operated primarily on a consensus basis backed by the principle of one
vote/one jurisdiction;however,during the development of the JPA proposal, the use of a weighted vote has
been suggested as an alternative means of calculating a majority vote. TRANSPAC is requesting that in
addition to your jurisdiction's consideration of the JPA proposal that you also consider the possibility of
weighted voting for TRANSPAC actions. Please note that the draft JPA document continues to reference
a one vote/one jurisdiction voting mechanism
As background information for consideration of the weighted vote discussion, the TRANSPAC Technical
Advisory Committee (TAC) has developed the attached charts which detail the absolute and relative
population, housing and job growth between 1995 and 2010 in the Central County area.
For example,the City of Clayton will grow 47.93% between 1995 and 2010. This represents 11.66% of the
total population increase for Central County during that time period. By comparison, the City of Concord
will grow 10.83% and that represents 33.69% of the total population increase for Central County during the
some time period. It is hoped that this information will allow your jurisdiction to review projected growth
factors as part of its deliberation on the establishment of a weighted vote and the specific proposal described
below.
U-XhiQ) ? A
As the TRANSPAC representative from the City of Concord,I am requesting that your jurisdiction consider
an alternative method of calculating TRANSPAC votes. My proposal is based on averaging the percentages
of population, housing and job growth between 1995 and 2010. A chart detailing the growth factor
percentages and calculation of the average percent by jurisdiction is attached. This proposal would establish
the average of the population,housing and job growth factors as the voting percentages to calculate majority
vote requirements.
TRANSPAC requests that this item be considered at your earliest possible convenience. We also would
appreciate notification of the date and time of the scheduled discussion. We are also requesting written
confirmation of your jurisdiction's acceptance, rejection or modification of the JPA document and the
weighted voting proposal. Please do not hesitate to call Barbara Neustadter, TRANSPAC Manager at(510)
268-8980 if you have questions or require additional information.
Legal assistance has been graciously provided to TRANSPAC:by Amara Koss, Assistant City Attorney, City
of Walnut Creek. Should you have legal issues to address regarding this Agreement,please do not hesitate
to contact her at 943-5813.
Sincerely,
Bill McManigal
TRANSPAC Chairman
cc: TRANSPAC Representatives
Central Contra Costa City Managers and County Administrator
Amara Koss,Assistant City Attorney,City of Walnut Creek
Barbara Neustadter,TRANSPAC Manager
TRANSPAC TAC
Enclosures: Joint Exercise of Powers Agreement
Projected Growth Charts
McManigal Proposal .
C win'dr—N acfr.ltr
CENTRAL CONTRA COSTAL
TRANSPORTATION PLANNING AND REGIONAL FEE AND FUNDING
JOINT EXERCISE OF POWERS AGREEMENT
THIS AGREEMENT, entered into on this day of , 1996, by and
among the cities of CLAYTON, CONCORD, MARTINEZ, PLEASANT HILL and WALNUT
CREEK, all municipal corporations duly organized and existing under the laws of the State of
California (hereinafter, the "Cities"), and the county of CONTRA COSTA, a legal subdivision
and body corporate and politic of the State of California (hereinafter, the "County").
RECITALS
WHEREAS, Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1
of the California Government Code authorizes the Cities and the County to create a joint
exercise of powers entity which has the power to jointly exercise the powers common to the
Cities and the County;
WHEREAS, Measure C was approved by the voters of Contra Costa County in 1988 and
such measure established county-wide transportation priorities to be effectuated by regional
committees, such as has been operating in central Contra Costa County as an entity known
as ''TRANSPAC, Transportation Partnership and Cooperation";
WHEREAS, TRANSPAC has been operating since 1990 pursuant to a partnership
agreement but, for funding and legal reasons, would now prefer to create a joint exercise of
powers entity;
WHEREAS, by this Agreement, the Cities and County desire to create and establish a
transportation planning and fee and funding agency, known as "TRANSPAC", 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 herein contained, do agree as follows:
Section 1. Definitions.
Unless the context otherwise requires, the terms defined in this Section 1 shall, for the
purposes of this Agreement, have the following meanings:
"Agencies" shall mean the cities of Clayton, Concord, Martinez, Pleasant Hill and Walnut
Creek and the County of Contra Costa.
"TRANSPAC" (alternately known as "TRANSPAC, Transportation Partnership and
Cooperation") shelf mean the Central Contra Costa Transportation Planning and Regional
Fee and Funding Joint Powers Agency created by this Agreement.
"Board" means the governing board of TRANSPAC.
"Central Contra Costa Regional Transportation Planning Committee" (hereinafter
"TRANSPAC") means the transportation planning committee formally recognized under the
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provisions of the Measure C Ordinance and Expenditure Plan for the central county region of `
Contra Costa.
"Designated City" shall mean that Agency which is designated by TRANSPAC's Board,to act
on behalf of, and at the direction of, the Board.
"Law" refers to 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" shall refer to the Revised Contra Costa Transportation Improvement and Growth
Management Program adopted by the voters of the County at the November 1988 general
election.
"Program" shall mean the Regional Transportation Mitigation Program (RTMP) of uniform
jurisdictional development fees to be adopted by the Cities and the County for the purpose of
funding the transportation projects and to meet the requirements of Measure,C.
"Projects" means the transportation projects undertaken by TRANSPAC.
"Region" means Central Contra Costa 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 Central Contra Costa Regional Transportation Planning Committee.
Section 2. Purpose of Agreement.
This Agreement is made pursuant to the Law for the purposes set forth below:
A. To establish a cooperative transportation planning committee to advance the transportation
planning interests of Central Contra Costa local jurisdictions.
B.To assist local jurisdictions in meeting the requirements of Measure C and the Contra Costa
Congestion Management Program.
C. To assist local jurisdictions in developing projects and programs to address traffic
congestion and improve air quality in Central Contra Costa, Contra Costa County and the Bay
Area.
D. To implement the joint TRANSPAC Transportation Demand Management program as
required by Measure C, the Congestion Management: Program and the Bay Area Air Quality
Management District.
E. To develop and establish a Regional Transportation Mitigation Program (RTMP) to meet
the requirements of Measure C and to provide an additional funding mechanism for Central
County projects.
F. To exercise all the powers referred to in the recitals section and more particularly described
in Section E herein.
Section 3. Regional Transportation Mitigation Program (RTMP)
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A. Measure C requires the establishment of a Regional Transportation Mitigation Program
RTMP. This may include the imposition and collection of development fees to be used to
fund transportation projects in Central Contra Costa. Measure C requires that RTMP fees be
in addition to building and development fees collected at the local jurisdiction level for
transportation improvements.
B. It is TRANSPAC's intent to develop and propose a uniform RTMP for consideration and
adoption by member jurisdictions. Local jurisdiction authority via ordinance to impose and
collect fees is necessary to fund the RTMP.
C. The RTMP will establish fee collection, funding and management mechanisms and will
formalize institutional arrangements for the implementation of the RTMP and to coordinate
planning and implementation of this RTMP within the context of a single public agency.
D. The RTMP will identify Projects consistent with regional plans and programs to be funded
by the RTMP development fee solely or in conjunction with other funding sources.
E. When developed and adopted by the member jurisdictions, this Agreement shall be
amended to authorize the RTMP.
Section 4. Powers of TRANSPAC.
TRANSPAC shall have all of the powers granted to joint power authorities in Government
Code §6500 et seq. In addition, TRANSPAC is authorized, in its own name, to do all acts
necessary for the exercise of said powers for said purposes, including but not limited to any or
all of the following: make and enter into contracts; to employ agents and employees; to sue
and be sued in its own name; hold and conduct meetings pursuant to Section 5D.
TRANSPAC shall also have the following specific powers.
(a) Conduct, authorize, review and accept studies and reports;
(b) Periodically review transportation plans and recommend changes thereto including the
Central County Action Plan and the Contra Costa Countywide Comprehensive Transportation
Plan;
(c) Develop regional strategies to meet Measure C and Congestion Management Program
requirements including review of environmental assessments and development of Deficiency
Plans as required;
(d) Address transportation issues,-plans, policies, projects and programs which affect the
Central County region;
(e) Assess Central County transportation needs;
(f) Assess the need to expand Central County transit services;
(g) Advise and assist the Cities and the County on transportation issues, projects and financial
plans and programs which impact the Cities, County and the region;
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(h) Coordinate Cities and County responses and actions concerning transportation issues;
(i) Formulate transportation policy statements;
(j) Sponsor educational forums, workshops and discussions on transportation matters;
(k) Advocate the interests of the Cities and the County concerning transportation management
issues to local, state and federal officials; and
(1) Gather information necessaryto accomplish the foregoing purposes;
(m) Implement the TRANSPAC Transportation Demand Management Program.
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 Government Code § 6509.
Section 5. Organizational Structure.
A. Creation of TRANSPAC. There is hereby created, pursuant to Government Code §§6500 et
seq., an agency and public entity known as "TRANSPAC, Transportation Partnership and
Coordination". As provided in the Law, TRANSPAC shall be a public entity separate from the
Cities and the County. The debts, liabilities, and obligations of TRANSPAC shall not constitute
debts, liabilities or obligations of the Cities or the County.
Within 30 days after the effective date of this Agreement or any amendment hereto,
TRANSPAC shall cause a notice of this Agreement or 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 Government Code.
B. TRANSPAC Board. TRANSPAC shall be governed and administered by the Board.
1. Members. The Board shall consist of two (2) members of each of the six Agencies. One of
the two shall be a councilmember in the case of the Cities, or a supervisor in the case of the
County, the other a planning commissioner. The members shall be appointed by their
respective jurisdictions and shall serve at the pleasure of those jurisdictions. The term of office
as a member of the Board shall terminate either when such member ceases to be appointed to
TRANSPAC by the appointing agency or upon completion of the member's.term of office.
2. Upon execution of this Agreement, each Agency shall appoint its members and altemate(s).
Each member and alternate shall serve at the pleasure-of the appointing Agency without
compensation, 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.
C. Officers. The Board members of TRANSPAC shall select from the elected officials on the
Board a Chair and Vice Chair who shall serve as the Chair and Vice Chair of TRANSPAC.
TRANSPAC shall designate a Treasurer and, if desired, a Secretary.
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1. Term. The Chair and Vice Chair shall each hold office for a period of one year, commencing
with the first meeting in each calendar year. However, the first Chair and Vice Chair shall hold
office from the date of appointment to the first meeting of the following calendar year. Further,
if an Agency removes a Board member who is also an officer, the Board shall appoint a
member from the newly constituted Board to fill the vacant office for the remainder of that
term.
2. Duties of Chair and Vice Chair. The Chair shall preside over Board meetings, call them to
order and adjourn them, announce the business and order for it to be acted upon, recognize
people entitled to the floor, put to vote all questions moved and seconded, announce voting
results, maintain rules of order, and carry out other duties as set forth in the bylaws. The
Vice-Chair shall serve as Chair in the absence of the regularly appointed Chair.
3. Duties of Treasurer. The Treasurer of the Designated City is hereby designated as the
Treasurer of TRANSPAC. Subject to the applicable provisions of any indenture or resolution
providing for a trustee or other fiscal agent, the Treasurer is designated as the depository to
have custody of all the money of TRANSPAC, from whatever source, and, as such, shall have
the powers, duties and responsibilities specified in Government Code §6505.5.
4. Bonding of Treasurer. The Treasurer of TRANSPAC is designated as the public officer or
person who have charge of, handle or have access to any such property of TRANSPAC and
such officer shall file an official bond in the amount each such officer determines is necessary
as required by Government Code § 6505.1 ; provided, that such bond shall not be required if
TRANSPAC does not possess or own property or funds with an aggregate value of greater
than $1 ,500.00.
D. Board Meetings,
1. Regular Meetings. The Board shall hold a regular meeting each month, and, by formal
action, may provide for the holding of regular meetings at more frequent intervals. In the event
the Chair determined that there will be no business to transact at such meeting, such 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 at the beginning of the calendar year. Revisions to the
schedule may be required from time to time.
2. Special Meetings. Special meetings of the Board may be called as provided in Government
Code §54956.
3. Legal Notice. All meetings of the Board shall be called, noticed, hold and conducted subject
to the provisions of the Ralph M. Brown Act (Government Code §§ 54950 et seq.) or any
successive legislation hereinafter enacted.
4. Minutes. The Board shall cause written minutes of all meetings to be kept and shall, as
soon as possible after each meeting, cause a copy of the minutes to be distributed to each
member of the Board and the County and the Cities.
5. Quorum. A majority of the elected officials on the Board shall constitute a quorum for the
transaction of business, except that less than a quorum may adjourn meetings from time to
time.
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E. Vote.
1. Authorized Voting Members. The councilmembers, county supervisor or their alternates,
planning commissioners or their alternates, shall be voting members with regard to all
TRANSPAC business with the exception of the allocation of funds pursuant to the RTMP that
is more fully described herein. Only elected officials are authorized to vote on matters
pertaining to the allocation of funds to projects to be funded with the proceeds of any RTMP
fee.
2. TRANSPAC Business. A unanimous vote of the voting members present shall be required
to take action with respect to the annual work plan and budget. A majority vote of the voting
members present will be required to take action on all other matters, except for fee and
funding agency business, which such vote is regulated as prescribed in Section E1.
3. Appointments to the Contra Costa Transportation A majority of the elected
officials present who are voting members shall be required to appoint or recall a
representative to the Contra Costa Transportation Authority consistent with the requirements
of the Authority's Administrative Code. The representative or.his or her alternate to the
Agency shall be the primary representative of TRANSPAC.
F. Restrictions on Exercise of Board Power, Except as otherwise provided herein
TRANSPAC's powers 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 Government Code § 6509.
Notwithstanding the foregoing, TRANSPAC shall have any additional powers
conferred under the Government Code insofar as such additional powers may be
necessary to accomplish the purposes set forth in Section 4 above.
C-TRANSPAC-TAC. The technical advisory committee which presently serves
TRANSPAC ("TRANSPAC-TAC") shall serve as the technical advisory committee for
TRANSPAC. TRANSPAC-TAC shall be comprised of at least one staff member from
each.Agency selected by the local jurisdiction. It is intended that the TAC will operate on a
consensus basis.
1- Duties of TRANSPAC-TAC. TRANSPAC-TAC shall provide staff support to TRANSPAC,
provide direct supervision over TRANSPAC staff and consultants, prepare and distribute all
TRANSPAC agenda materials and make recommendations to TRANSPAC.
2. TRANSPAC-TAC Officers. TRANSPAC-TAC shall annually'elect a chair. Each Agency
shall have one vote.
3. Staff'no TRANSPAC-TAC. Each of the Agencies shall endeavor to provide the necessary
staff support to the Board to fulfill its duties.
Section 6. Fiscal Year.
Unless and until changed by resolution of the Board, the fiscal year of TRANSPAC 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 the following June 30.
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Section 7. Funds, Audits and Accounting Services.
TRANSAPC shall establish and maintain such funds and accounts as may be required by
good accounting practice. The.books and records of TRANSPAC shall be open to inspection
at all reasonable times by the Agencies and their representatives.
A. $e .TRANSPAC shall give a written report of all financial activities on the first day of
July, October, January and April of each year to TRANSPAC and to the Agencies which
reflects the financial activities during the previous quarter.
B. Audit. To the extent required.by Government Code Section 6505.6, TRANSPAC shall
contract with a certified public accountant or public accountant to make an annual audit of the
accounts and records of TRANSPAC in compliance with Section 6505.6. In each case, the
minimum requirements of the audit shall be those prescribed by the State Controller for
special districts pursuant to Government Code Section 26909 and shall conform to generally
accepted auditing standards. When such an audit of an account and records is made by a
certified public accountant or public accountant, a report thereof shall be filed as public
records with the County, the Cities and, if required by Government Code Section 6505.6, with
the County Auditor/Controller of the County of Contra Costa. 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 accountant
or public accountants, in making an audit pursuant to this Section shall be borne by
TRANSPAC and shall be a charge against any unencumbered funds of TRANSPAC available
for that purpose.
TRANSPAC may, in any year, and by a unanimous resolution of the Board, replace the annual
special audit with an audit covering a two-year period.
Section 8. TRANSPAC Budget and Work Program.
TRANSPAC shall adopt a budget and work program by an annual resolution. The budget shall
set forth all operational expenses of TRANSPAC. It shall also set forth the proportionate
amount each Agency shall pay.
A. Budget and Work Program. The annual budget and work program shall be prepared by
April 1 of each year and shall then be submitted to the Agencies for review prior to its
adoption on or before July 1 unless TRANSPAC acts to extend this deadline. In creating the
budget, the Board shall assign each Agency a proportionate share of required funding as
referenced in Appendix "A".
Section 9. Payment Obligations of Agencies.
Each Agency shall pay, upon demand, its proportionate share of expenses.The funding
allocation of each Agency is as follows: each jurisdiction shall contribute 50% of TRANSPAC
funding on an equal (1/6th) share basis. The remaining 50% TRANSPAC subsidy is based on
the annual percentage of Measure C return-to-source funding received annually by each
jurisdiction. Such percentage is more fully set forth in Appendix "A" which is incorporated
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herein by this reference as though fully set forth. Effective July 1st of each year, TRANSPAC ;
shall determine the percentage allocation for each Agency for the next succeeding fiscal year.
Section 10. Conflict of Interest Code. -
The Conflict of Interest Code for TRANSPAC shall be the Conflict of. Interest Code for the
Designated City.
Section 11: Breach:
If default shall be made by the County or any City in any covenant contained in this
Agreement, such default shall not excuse either the County or the City from fulfilling its
obligations under this Agreement and the Agencies shall continue to be liable for the payment
of contributions and the performance of all conditions herein contained. The Agencies hereby
declare that this Agreement is entered into for the benefit of TRANSAPC and the Agencies
hereby grant to TRANSPAC the right to enforce by whatever lawful means TRANSPAC deems
appropriate all of the obligations of each of the parties hereunder. Each and all of the
remedies given to TRANSPAC 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 TRANSPAC to
any or all other remedies.
Section 12. Withdrawal.
Any Agency may, upon 60 days' written notice to the Chair of TRANSPAC, withdraw from this
Agreement. Any withdrawing party shall be liable for its proportionate share of TRANSPAC
expenses incurred up to the date notice of termination is received. The withdrawing party shall
also be subject to assessment to the extent that the withdrawing party received funding in
excess of its total contributions to TRANSPAC.
Section 13. Termination.
This Agreement 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 Agency to TRANSPAC or while any bonds of TRANSPAC issued
pursuant to the Government Code are outstanding.
Section 14. Disposition of Assets.
At the end of the term hereof or upon the earlier termination of this Agreement as set forth in
Section 12 hereof, all assets of TRANSPAC shall be distributed to the parties, subject to
Section 8 hereof, pro rata, in accordance with their respective total contribution of regional
fees and other funds to TRANSPAC.
Section 15. Notices.
Notices to a City shall be sufficient if delivered to the City Clerk and notices to the County
shall be sufficient if delivered to the Clerk of the County.:
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Section 16. Boundaries.
The boundaries of TRANSPAC shall be as shown in Attachment "B".
Section 17. Amendment of Agreement.
The affirmative vote of the governing bodies of two-thirds of the Agencies shall be required to
amend this Agreement, provided however, that no such amendment shall be entered into if
such amendment would conflict with the provisions of any bonds, indenture, trust agreement
or other agreement securing or relating to any outstanding bonds of TRANSPAC issued
pursuant to the Government Code. Any such amendment shall be in writing.
Section 18. Severability.
Should any part, term, or provision of this Agreement be determined 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 parts, terms or provisions hereof shall not be affected
thereby.
Section 19. 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 Agency may assign any right or
obligation hereunder without the consent of the other Agencies.
Section 20. 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 TRANSPAC, 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.
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THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS.
CITY OF CLAYTON=
By: Attest:
Robert C. Kendall, Mayor
CITY OF CONCORD
By: _ Attest:
Lou Rosas, Mayor
CONTRA COSTA COUNTY
By: Attest:
Jeff Smith, Chair
CITY OF MARTINEZ
By: Attest:
Michael M. Menesini,.Mayor
CITY OF PLEASANT HILL
By: Attest:
Paul Cooper, Mayor
CITY OF WALNUT CREEK
By: _ Attest:
Gwen Regalia, Mayor k
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4/16/96
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