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HomeMy WebLinkAbout045-91RESOLUTION NO. 45 - 91 ADOPTING A JOINT POWERS AGREEMENT BY AND AMONG THE COUNTY OF ALAMEDA, COUNTY OF CONTRA COSTA, TOWN OF DANVILLE AND CITIES OF DUBLIN, LIVERMORE, PLF. ASANTON AND SAN RAMON WHEREAS, the member jurisdictions of the Tri-Valley Transportation Council (TVTC) have agreed upon the language for a Joint Powers Agreement to facilitate preparation of a Tri-Valley Transportation Plan; and WHEREAS, the TVTC and the Contra Costa Transportation Authority are preparing a Memorandum of Understanding for the preparation of Regional Route Action Plans required by the Contra Costa Transportation Authority Growth Management Program; and WHEREAS, the TVTC has adopted a preliminary work program and draft Request for Proposal for the preparation of a Trigalley Transportation Plan; and WHEREAS, the Town of Danville General Plan supports the concept of cooperative, regional transportation planning; and WHEREAS, the Town of Danville has been an active supporter and participant in the TVTC; and WHEREAS, the purpose of coordinated and cooperative regional transportation planning would be served by the creation of a Joint Powers Agency; NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Danville hereby approves the Joint Powers Agreement by and among the Council of Alameda, County of Contra Costa, Town of Danville and Cities of Dublin, Livermore, Pleasanton and San Ramon and authorizes the Mayor of the Town of Danville to sign the Joint Powers Agreement. PASSED, APPROVED, AND ADOPTED this following vote: 19 day of Feb. , 1991, by the AYES: Greenberg, Lane, Ritchey, Schlendorf, Shimansky NOES: ABSTAIN: ABSENT: w MAYOR ATIEST: CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY JOINT POWERS AGREEMENT BY AND AMONG THE COUNTY OF ALAMEDA, COUNTY OF CONTRA COSTA, TOWN OF DANVILLE AND CITIES OF DUBLIN, LIVERMORE PLEASANTON AND SAN RAMON 1. Parties. This Joint Powers Agreement, dated March 1, 1991, for the purpose of reference only, is entered into pursuant to Government Code section 6502 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 (hereafter referred to as "Parties" or "Party"). 2. Recitals. Each Party to this Agreement 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 'Wri-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. Page 1 of 11 The parties hereto recognize that adequate transportation planning is essential to the orderly development of the Tri-Valley Area and that review and coordination of planning and implementation of transportation facilities in the Tri-VaUey Area is to the benefit of all parties hereto and their constituents. 3. Purpose. The purpose of this Agreement is to provide for the joint preparation, including sharing of costs, of a transportation plan and to provide a forum for the review and coordination of planning and implementation of transportation facilities in the Tri-Valley Area. By entering into this Agreement, the parties do not intend to create an agency or entity separate from the Parties to the Agreement and no provision of this Agreement should be so construed. _r 4. Tri-Valley Transportation Council. The administration of the activities called for in this Joint Powers Agreement is delegated to and vested in the '~Fri-Valley Transportation Council" ("Council"). The Council shall be comprised of one member of the board of supervisors and city or town council of the respective Parties to this Agreement, to be appointed and serve at the pleasure of the respective board or council. Each member of the Council shall have one vote. One member shall be elected by the members of the Council annually to serve as chairperson and one member shall be elected annually to serve Page 2 of 11 as vice-chairperson. Each city or town council and board of supervisors may appoint an alternate who may vote in the absence of the designated voting member. The meetings of the Council shall be held in accordance with the provisions of the Ralph M. Brown Act, Government Code sections 54950 et seq. A quorum of four members shall be required to transact any business hereunder. The Tri-Valley Transportation Council is authorized and directed, on behalf of all Parties, to perform all acts necessary or desirable to execute and administer this Joint Powers Agreement including, but not limited to: selecting and retaining a consultant to prepare a transportation plan and related environmental documents; authorizing, evaluating and monitoring the expense of preparation of the transportation plan; and other actions consistent with those specified in this Agreement. In particular, the Tri-Valley Transportation Council: a. may review and provide comments to any Party's proposed general plan amendment or specific plan, when regional or subregional transportation issues are involved; b. shall review and provide comments regarding any proposed new freeway, expressway, arterial, transit project or major intersection improvement of regional Page 3 of il or subregional significance to be located in the Tri-Valley Area; c. shall, upon unanimous vote of all members, select and retain a consultant to prepare a transportation plan' (referred to herein as the "Tri-Valley Transportation Plan") as specified in paragraph 5 below, and assess the costs of the consultant among the Parties; d. may seek, on behalf of the Council, a Party or Parties, funding from Federal, State or local sources for transportation planning, facilities, improvements, projects and/or operations which are consistent with the Tri-Valley Transportation Plan; and e. may serve as a forum for the resolution of transportation-related disputes between the Parties. 5. Tri-Valley Transportation Plan. The Tri-Valley Transportation Plan and related environmental documents shall be prepared by a consultant selected by the Council. At a minimum, the Tri-Valley Transportation Plan shall identify current and future needs for transportatiOnfacilities and programs in the Tri-Valley Area and current and anticipated future deficiencies in such transportation facilities and programs. 'Transportation facilities and programs" include freeways and freeway interchanges, expressways, arterials, major Page 4 of 11 intersections of regional or subregional significance and public transit such as light rail. Adoption or amendment of the Tri-Valley Transportation Plan shall require the unanimous vote of all members of the Council. Following its adoption, the Parties agree to consider the Tri-Valley Transportation Plan when adopting or amending circulation elements of their general plans and specific plans, zoning ordinances or capital improvement programs. 6. Rescission of MOU. The Parties hereto are parties to a Memorandum of Understanding, effective May 23, 1989, entitled "Tri-Valley Transportation Planning Program," which established a Tri-Valley Transportation Council. By entering into this Joint Powers Agreement, the Parties hereto agree to rescind and terminate the Memorandum of Understanding and the Tri-Valley Transportation Council created by that Memorandum of Understanding. 7. Administrative Services. There shall be a technical advisory committee CTAC"), made up of one staff member from each Party, 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 Council, such as preparation of agendas for Council and TAC meetings. The chairperson shall rotate annually among the parties. Page 5 of 11 8. Contract of Administration. The Council shall select one Party as Contract Administrator. The Contract Administrator, who shall be a TAC representative, shall be responsible for payment of consultant services required by the Council. The Contract Administrator shall prepare regular written reports to the Council and the TAC on the status of consultant services. Reasonable and ordinary expenses incurred by the Contract Administrator shall be reimbursed equally by all other Parties. 9. Accounting Services. The finance Director of one of the Cities, as designated annually by vote of the Council, ("Finance Director") shall provide accounting services for all payments and receipts required by the terms of this Agreement, and shall be responsible for the safekeeping of all funds paid by or to the Parties to this Agreement. The Finance Director and the Contract Administrator shall be staff members from the same Party. Reasonable and ordinary expenses incurred by the Finance Director in providing accounting services shall be reimbursed equally by all other Parties. 10. Payment for Expenses. Each Party to this Agreement shall: a. Pay, upon demand of the Finance Director, its "appropriate share" of all expenses incurred in the performance of activities called for by this Agreement. The "appropriate share" of each Party shall be an equal amount of all expenses. Page 6 of 11 b. All bills and invoices for expenses incurred pursuant to this Agreement shall be directed to the Finance Director, who shall calculate the amount owed by each Party under the formula set forth in subparagraph a. above, and shall bill each Party accordingly. All bills shall be paid by each Party upon demand. c. The Finance Director shall demand advance payment by the Parties of the estimated costs of preparation of the Tri-Valley Transportation Plan. All such advance payments will be retained in a separate account by the Finance Director and interest earned on such funds shall be used to reduce proportionately the Parties' contributions. 11. Vote Required. a. A unanimous vote of all Parties shall be required for adoption of the annual work program and budget. required for: Do Except as otherwise provided in this Agreement, five votes shall be i) ii) Grant applications; Expenditure of funds; Page 7 of 11 iii) iv) Execution of contracts; and Adoption of policies, rules of procedure and other operational matters of the Council and staff. c. Any abstention from voting by any member shall be construed as a "yes" vote on a particular matter. d. A majority vote of those present and voting shall be required for any other action not specified above. 12. Amendment. This Agreement may be amended at any time upon the written approval of all Parties to the Agreement. 13. Notices. Except where this Agreement may specifically provide otherwise, any notices to be sent to any Party shall be directed to the office of the city manager or county administrator of the Party, with copies to all other city managers and county administrators. 14. Termination of Agreement. This Agreement shall terminate as to any or all Parties upon the occurrence of any of the following conditions: Page 8 of 11 4 a. Ninety (90) days' prior written notice of termination by any Party given to the chairperson of the Council; provided, however, that the terminating Party shall be liable for its appropriate share of any expenses incurred up to the date of termination. b. Automatically, upon the failure of any Party to pay its appropriate share of expenses within 60 days of date of invoice. c. Mutual written agreement by all Parties hereto. 15. Disposition of Funds Upon Termination. Any funds remaining with the Finance director, including any interest earned on such funds, upon termination of this Agreement by all Parties shall be returned to each Party in proportion to the contribution of each Agency. (Continued on next page.) Page 9 of 11 16. Effective Date. This Agreement shall become effective upon the date of execution of the last signatory hereto. 'COUNTY OFALAMEDA Dated: Approved as to Form: Don Perata, Chairman Board of Supervisors Attest: City Counsel COUNTY OF CONTRA COSTA. Dated: Approved as to Form: Robert Schroder, Chairman Board of Supervisors Attest: County Counsel C TOWN OF DANVILLE Dated: ~r'-~ Z-~,/ ] ~ ?// A~r~ved~ (signatures continued on next page.) Page 10 of 11 MiUie Greenberg, Mayor AttesL , - CITY OF DUBLIN Dated: Approved as to Form: Peter W. Snyder, Mayor Attest: CITY OF LIVERMORE Dated: Approved as to Form: Cathie Brown, Mayor Attest: CITY OF PLEASANTON Dated: Approved as to Form: Ken Mercer, Mayor Attest: CITY OF SAN RAMON Dated: Approved as to Form: Wayne W. Bennett, Mayor Attest: 01.23.91 jpaagrm Page 11ofll