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Home My WebLink About039-95RESOLUTION NO. 39-95 ADOPTING A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ~EDA, COUNTY OF CONTRA COSTA, TOWN OF DANVILLE AND CITIES OF DUBLIN, LIVERMORE, PLEASANTON AND SAN RAMON WHEREAS, the member jurisdictions of the Tri-Valley Transportation Council (TVTC) have agreed upon the language for a Memorandum of Understanding CMOU") which shall provide a framework for efforts associated with the Comprehensive Subregional Planning Pilot Project in the Tri-Valley area ("Project"); and WHEREAS, the Tri-Valley grant proposal submitted to the Association of Bay Area Governments ("A_BAG") for the Project was selected from among six grant proposals; and WHEREAS, ABAG's action will result in the award of a $55,000 one-time grant to the member jurisdictions of the TVTC for the purpose of undertaking the Project; and WHERF~S, the monetary grant from ABAG will be supplemented by the equivalent of one full time equivalent of technical assistance and project support from ABAG for a period of up to six months and by limited, additional technical support from the Bay Area Air Quality Control Management District; and WHEREAS, 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 ("Strategy") for potential inclusion in the general plans and related policy documents of the member jurisdictions of the TVTC; and WHEREAS, the MOU establishes that the administration of the Project is delegated to and vested in the "Tri-Valley Planning Council" (hereafter referred to as "Planning Council"); and WHEREAS, the MOU establishes the make-up and voting framework of the Planning Council; and WHEREAS, the MOU authorizes and directs the Planning Council 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; and WHERF~S, by entering into this MOU, the Parties do not intend to create an agency or entity separate from the parties to the MOU; and PAGE NO. 1 OF RESOLUTION NO. 39-95 WHERF~S, the Town of Danville has been an active supporter and participant in the TVTC; and WHEREAS, the General Plan of the Town of Danville supports the concept of cooperative regional planning; WHEREAS, the purpose of coordinated and cooperative regional planning would be served by the adoption of this MOU and participation of the Project defined above; now, therefore, be it RESOLVED, that the Town Council of the Town of Danville hereby approves the Memorandum of Understanding by and among the Boards of Supervisors for the Counties of Alameda and Contra Costa and the Councils of Danville, Dublin, Livermore, Pleasanton and San Ramon and authorizes the Mayor of the Town of Danville to sign the Memorandum of Understanding. APPROVED by the Danville Town Council at a Regular Meeting held on February 21, 1991 by the following vote: AYES: Greenberg, Doyle, Ritchey, Shimansky, Waldo NOES: None ABSTAINED: None ABSENT: None Mayor APPROVED AS TO FOR~fh adf/ City Attorney ATTEST: City Clerk c:XxplanningXxgailey~akgz.4 wp5.1 PAGE NO. 2 OF RESOLUTION NO. 39-95 J, $~- MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ~EDA, 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-Vailey 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 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 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. 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 Strategy. 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 Party, 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 Party(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. Dated: fr COUNTY OF ALAMEDA ......... ,4' .xe,,z.,. Gail Steele, Chairman Approved as to Form: C°unty C°unsel ~) Dated: COUNTY OF CONTRA COSTA ayl~~shop, Chairman Approved as to Form: County Counsel Dated: Attest: TOWN OF DANVILLE Millie Greenberg, Mayor Approved as to Form: City Attorney Attest: City Clerk (signatures continued on next page) Dated: · Approved as to Form: 2/ 2~ City Attorney ./(- '~% uston, Mayor City Cl~er~~-'~5-' "07~----' CITY OF LIVERMORE Dated: March 27, 1995 CITY OF LIVERMORE athie Brown, Mayor City Attorney " / Attest: City Clerk Dated: Approved as to Form: _ /~ City Attorney CITY OF PLEASANTON yC. Tarver fqVlffyor Attest: c (signatures continued on next page) Dated: Greg C~or Approved as to Form: City Attorney st: - c:XxplanningXxgailey~revmou.m 14