WEST CONTRA COSTA TRANSPORTATION ADVISORY COMMITTEE
JOINT EXERCISE OF POWERS AGREEMENT
This restatement and amendment of the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Exercise of Powers Agreement (Agreement) is entered into on this X day of X, 2024, by and between the City of El Cerrito, a municipal corporation; the City of Hercules, a municipal corporation; the City of Pinole, a municipal corporation; the City of Richmond, a municipal corporation and charter city; the City of San Pablo, a municipal corporation; the County of Contra Costa, a political subdivision of the State of California; the Alameda-Contra Costa Transit District (AC Transit), a transit district organized and existing pursuant to the provisions of the California Public Utilities Code; the San Francisco Bay Area Rapid Transit District (BART), a transit district organized and existing pursuant to the provisions of California Public Utilities Code; and the Western Contra Costa County Transit Authority (WestCAT), a joint exercise of powers authority operating pursuant to Government Code Section 6500, et. seq.; and restates in full those provisions of the original Agreement, except as amended herein.
WITNESSETH:
WHEREAS, in November 1988, the voters of Contra Costa County approved Measure "C" which established and funded a
transportation agenda for Contra Costa County; and
WHEREAS, in response to the adoption of Measure "C", the Parties to this Agreement decided to formalize the previously existing West Contra Costa Transportation Advisory Committee as a legal entity created to address transportation issues; and
WHEREAS, on January 28, 2003, the WCCTAC Board restated and amended its Joint Exercise of Power Agreement; and
WHEREAS, on November 2, 2004, the voters of Contra Costa County approved Measure “J” which is the successor to Measure C; and
WHEREAS, each of the public Agencies which are a party to this Agreement, hereafter referred to collectively as the "Parties", or individually as an “Agency”, has the power to address transportation issues; and
WHEREAS, each of the Parties to this Agreement believes that a combination of their separate powers and abilities may enable them to more effectively respond to Measure "J", the successor to Measure “C”, and to address transportation issues; and
WHEREAS, each of the Parties to this Agreement propose by this Agreement to exercise their respective common powers jointly for the purpose of responding to the passage of Measure "J" and addressing existing and future transportation issues; and
WHEREAS, California Government Code Section 6500, et seq. provides that two or more public Agencies by Agreement may jointly exercise any power that any one of the Agencies could exercise separately; and
WHEREAS, the Parties to this Agreement are desirous of
conferring upon a separate legal entity the necessary powers with regard to responding to Measure "J" and for addressing transportation issues for the benefit of each and all of the Parties.
NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT DO AGREE AS FOLLOWS:
1. OBJECTIVE AND COMMISSION
The objective of this Joint Exercise of Powers Agreement is to create a city, county, and transit district
transportation agency which shall protect and advance the interests of West Contra Costa County communities with
regard to transportation issues in general and the
utilization of Measure "J" funds in particular. More
specifically, the committee created by this Agreement is commissioned to:
(A) Assist member Agencies with a coordinated and
cooperative implementation of the West Contra Costa
Action Plan Updates;
(B) Participate in the development and implementation of the Countywide Transportation Plan;
(C) Initiate "area specific" and/or "project specific"
transportation studies/plans where appropriate;
(D) Assist member Agencies with Congestion Management
Program compliance requirements;
(E) Develop regional strategies and meet regional
requirements established by Measure "J";
(F) Cooperatively address transportation issues, beyond Measure "J" requirements, when said issues affect
West Contra Costa County interests;
(G) Assess the transportation needs of the West Contra
Costa County area;
(H) Develop, expand, or improve West Contra Costa County transit services and Transportation Demand Management
(TDM) programs;
(I) Advise the Parties on transportation issues;
(J) Coordinate the actions and responses of the Parties with regard to transportation issues;
(K) Formulate transportation policy statements;
(L) Sponsor educational forums, workshops, trainings, and discussions on transportation matters;
(M) Develop and administer a West Contra Costa Regional TDM program to encourage use of alternatives to
single occupant commute travel;
(N) Gather information necessary to carry out the foregoing purposes;
(O) Oversee the Subregional Transportation Migration
Program (STMP)..
2. DEFINITIONS
Certain words as used in this Agreement shall be defined as follows:
(A) "Agency" shall mean each city, transit district, county or joint exercise of powers authority which is a
signatory to this Agreement.
(B) "Board" or “WCCTAC Board” shall mean the board
constituted herein pursuant to this Agreement to
administer and execute this Agreement.
(C) "Congestion Management Program" shall mean the State mandated program which establishes performance
standards and requirements for the transportation
system, creates a process to analyze the impact of land use changes on regional transportation, and creates a
capital improvement program to maintain the regional
transportation system.
(D) "Countywide Transportation Plan (CTP)" shall mean a countywide plan required under Measure " J". The CTP
is created from the five regional transportation
planning committee action plans and is updated every
two years.
(E) "Subregional Transportation Mitigation Program" or
"STMP" shall refer to the program under which developer fees are imposed on properties located in the West
Contra Costa County area for use in funding
transportation mitigation projects.
(F) "Transportation Demand Management" or "TDM" shall
mean any combination of measures that are designed
to provide information, assistance, and incentives
to employees and residents to encourage use of
alternatives to single occupant commute travel.
(G) "TDM Ordinance" shall mean the Transportation Demand Management ordinance(s) adopted by West Contra Costa
cities and Contra Costa County setting forth the
purpose, goal, objectives, requirements, and
responsibilities of the West Contra Costa Regional TDM
Program.
(H) "West Contra Costa Action Plan Update" shall mean the regional transportation plan update for West County
adopted in any given year, required by Measure J, and
intended to create a framework for member agencies to
jointly and cooperatively address regional
transportation issues.
(I) "West Contra Costa Regional TDM Program" shall mean a Transportation Demand Management Program managed
by the WCCTAC staff on behalf of the member cities
with the purpose of reducing vehicle trips and
increasing ridesharing and transit usage.
"West Contra Costa Transportation Advisory Committee"
also referred to as "WCCTAC" shall mean the public and
separate entity created by this Agreement .
(K) "West Contra Costa Transportation Advisory Committee- Technical Advisory Committee" also referred to as
"WCCTAC-TAC" shall mean the technical advisory
committee to the West Contra Costa Transportation
Advisory Committee.
3. HEADINGS
All headings contained herein are for convenience or
reference only and are not intended to define or limit the scope of any provision of this Agreement.
4. EFFECTIVE DATE
This restatement and amendment of the WCCTAC Joint Exercise of Powers Agreement shall become effective upon the receipt by the WCCTAC Executive Director of properly executed
copies of the Agreement from not less than two-thirds of all member Agencies of WCCTAC.
5. CREATION OF WEST CONTRA COSTA TRANSPORTATION ADVISORY
COMMITTEE
WCCTAC was formally created as a "Joint Powers Agency" in 1990 pursuant to California Government Code Section 6500, et seq. Through this Agreement it is hereby confirmed that the West Contra Costa Transportation Advisory Committee
(hereinafter referred to as "WCCTAC”) shall exercise in the manner hereinafter set forth the powers common to each of the member Agencies until this Agreement is amended or
terminated. WCCTAC shall be a public entity separate from the member Agencies. No debt, liability, or obligation of the WCCTAC shall constitute a debt, liability, or obligation of any member Agency. Each Agency's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as the parties hereto may agree to and direct in accordance with this Agreement.
6. POWERS
The powers of the WCCTAC shall include and be limited to the following:
(A) to annually adopt a work program along with a
budget setting forth all operational expenses for
WCCTAC, together with an apportionment of expenses
allocated to each Agency. The draft work program and
budget of WCCTAC shall be submitted for review to
each member Agency prior to its final adoption by
the WCCTAC Board.
(B) to make and enter into contracts;
(C) to apply for and accept
grants, advances, and
contributions;
(D) to employ or contract for the services of
agents, consultants, engineers, attorneys, and such
other persons or firms as it deems necessary to
carry out the objectives of this Agreement;
(E) to conduct studies and develop plans;
(F) to develop and administer the West
Contra Costa Sub-Regional TDM program;
(G) to periodically review transportation plans and
TDM programs and ordinances, and recommend changes
thereto; and
(H) to incur debts, liabilities, or obligations,
subject to limitations herein set forth.
(I) to oversee the West County Subregional
Transportation Mitigation Program (STMP).
7. BOUNDARIES
The boundaries of WCCTAC shall be the boundaries as
shown in Appendix A which is attached hereto and
incorporated herein by this reference.
8. OVERALL ORGANIZATION
The WCCTAC Board shall provide overall policy
direction for the coordinated implementation of West
Contra Costa Action Plan Updates and decision making
for general WCCTAC operations, including
implementation of the West Contra Costa Regional TDM
Program.
The WCCTAC Board shall also be the final arbiter in
matters related to the implementation of the STMP.
The WCCTAC-TAC shall provide administrative guidance
and technical review to the Board. Staff or
consultants hired by WCCTAC shall report directly to
the WCCTAC Executive Director, or their designee,
with consultation from the WCCTAC-TAC.
9. WCCTAC ORGANIZATION
(A) WCCTAC Board
WCCTAC shall be governed by the WCCTAC Board
which shall exercise all powers and authority
on behalf of WCCTAC. The Board is empowered to
establish its own procedures. The Board may do
any and all things necessary to carry out the
purposes of this Agreement.
(1) Members
(a) The Board shall consist of eleven
members which shall be allocated in
the following manner:
(i) Three members shall be
appointed by the governing
body of the City of Richmond;
(ii) The governing bodies of the
cities of El Cerrito,
Hercules, Pinole, and San
Pablo shall each appoint one
member;
(iii) The governing body of the
County of Contra Costa shall
appoint one member;
(iv) The governing bodies of AC
Transit and BART shall each
appoint one member; and
(v) The governing body of WestCAT
shall appoint one member
provided that the WestCAT
member(and said member's
alternate) shall not be a
representative(either elected
or non-elected) from either
the City of Hercules or the
City of Pinole.
(2) Officers
(b) Upon execution of this Agreement, the
governing body of each Agency shall
appoint the appropriate number of
its members to serve as members of the
Board and an appropriate number of its
members to serve as alternate
member(s) of the Board to serve in the
absence of its regular appointees.
Each member and alternate shall hold
office from the first meeting of the
Board after appointment until a
successor is selected. Each member and
alternate shall serve at the pleasure
of the governing body or bodies of the
appointing Agency or Agencies. In the
case of members or alternates who are
elected officials, if a member or
alternate ceases to be an elected
official of the member Agency, he or
she shall then be ineligible to serve
on the WCCTAC Board, and the
appointing Agency shall appoint a
successor prior to the next Board
meeting. Likewise, if a non- elected
member or alternate is replaced, said
member or alternate shall be
ineligible to serve on the WCCTAC
Board, and the appointing Agency shall
appoint a successor prior to the next
Board meeting.
The WCCTAC Board members shall select from the
WCCTAC Board a Chair and Vice Chair who shall hold
office for a period of one year, commencing
February 1; provided however, that in the event
that a member Agency removes from the Board a
member serving as an officer, the Board shall
appoint a member from the newly constituted Board
to fill the vacant office for the remainder of
that year.
(a) Chair. The Chair shall preside at the
meetings of the Board; call meetings to
order; adjourn meetings; announce the
business and the order it is to be acted
upon; recognize persons entitled to the
floor; put to vote all questions, moved and
seconded; announce result of votes; maintain
the rules of order; execute documents and
official actions on behalf of the Board when
duly approved; and carry out other duties set
forth in the by-laws.
(b) Vice Chair. The Vice Chair shall serve as
Chair in the absence of the regularly elected
Chair.
(c) Secretary. The WCCTAC Executive Director, or
their designee, shall serve as the Secretary
and shall prepare, distribute, and maintain
minutes of meetings of the WCCTAC Board, the
WCCTAC-TAC and any committees of the WCCTAC
(or shall contract for such services). The
Secretary shall also maintain the official
records of the WCCTAC and shall file notices
as required by Paragraph 20 of this
Agreement.
(d) Treasurer. WCCTAC shall employ, or
contract for, the services of a Treasurer
who shall:
(i) Report to the WCCTAC Executive
Director;
(ii) Receive and provide for the receipt
of all funds of the WCCTAC and
place them in the treasury to the
credit and for the account of the
WCCTAC;
(iii) Be responsible, upon an official
bond, for the safekeeping and
disbursement of all funds of the
WCCTAC;
(iv) Pay, when due, out of funds of the
WCCTAC, all sums payable on
outstanding Revenue Bonds and other
indebtedness of the WCCTAC;
(v) Pay any other sum duly authorized
for payment from funds of the
WCCTAC;
(vi) Verify and report, in writing, on
the first day of July, October,
January, and April of each year to
the Board and each member, at each
meeting s of the end of the
preceding month, the amount of
funds held for the WCCTAC, the
amount of receipts since the last
report and the
(vii)
amount paid out since the last
report; and
Invest WCCTAC's funds in the manner
provided by law and collect
interest thereon for the account of
the WCCTAC.
(3) Vote
(a) Authorized Voting Members
Each member or designated alternate shall be
authorized to vote.
(b) WCCTAC Business
For purposes of decisions related to the
regular business of the WCCTAC, including
policy decisions, preparation of budgets and
expenditures of funds, the City of Richmond
shall have three votes; the cities of El
Cerrito, Hercules, Pinole, and San Pablo
shall have one vote apiece; the County of
Contra Costa shall have one vote; AC Transit
and BART shall have one vote apiece; and
WestCAT shall have one vote. Six affirmative
votes shall be required for the adoption of
any course of action related to the regular
business of the WCCTAC.
(c) Appointment of Representatives to the Contra
Costa Transportation Authority
Decisions related to determining WCCTAC
appointments to the Contra Costa
Transportation Authority shall be made only
by the participating City and County
jurisdictions. In these cases,
participating cities and the County shall
each have one vote. Under this section,
Richmond shall have one vote accordingly.
Board members from Richmond shall reach a
consensus on any affirmative vote under this
section. Four affirmative votes shall be
required for any WCCTAC decision related to
appointment of representatives to the Contra
Costa Transportation Authority. Appointees
must be members, or alternates, of the
WCCTAC Board.
(4) Meetings of the Board
(a) Regular Meetings
The Board shall meet at least ten times per
year unless the necessary business of the
Board can be completed with less meetings.
The date, hour, and place at which each such
regular meeting is held shall be determined
by a majority vote by the Board.
(b) Special Meetings
Special meetings of the Board may be called
in accordance with the provisions of Section
54956 of the California Government Code.
(b) Notice of Meetings
All meetings of the Board shall be held
subject to the provisions of the Ralph M.
Brown Act, being California Government Code
Sections 54950, et seq., and other applicable
laws of the State of California requiring
notice of meetings of public bodies to be
given.
(c) Minutes
The Board shall cause minutes of all meetings
to be kept and shall include the minutes in
the next agenda packet, or as soon
thereafter as they may be prepared and
provided, for approval.
(d) Quorum
A majority of the members of the Board shall
constitute a quorum for the transaction of
business.
(5) Bylaws
The Board shall adopt from time to time such
bylaws, rules, or regulations for the conduct of
its affairs as may be required.
(B) WCCTAC STAFF
(1) Composition
The WCCTAC shall have a staff consisting of an
Executive Director who shall serve as
the primary staff person. Other staff may include
those with expertise in transportation planning,
funding, projects, and programs, or
administrative and finance support. In addition,
independent consultants and/or interns may be
engaged on a continuing or short-term basis, as
needed. The Executive Director shall report to
the WCCTAC Chair.
(2) Additional Staff
Additional staff may be added with Board approval
within budget constraints.
(C) WCCTAC-TAC ORGANIZATION
( 1) Composition
The WCCTAC shall have a technical advisory
committee which shall be known as the WCCTAC-TAC
and which shall be composed of the City Managers
of the participating cities or said City Managers'
designees; the District Managers of the
participating transit authorities or said District
Manager's designees; and the County Administrator
for Contra Costa County or said County
Administrator's designee.
(2) Duties
The WCCTAC-TAC shall study and discuss issues
pertaining to WCCTAC and shall make
recommendations to the WCCTAC concerning those
issues. However, the role of the WCCTAC -TAC in
making recommendations to the WCCTAC shall not be
deemed to preclude the WCCTAC from considering
recommendations from other bodies and concerned
individuals.
(3) Officers
The WCCTAC-TAC shall be chaired by the WCCTAC
Executive Director.
10. SUPPORT SERVICES
Each of the Agencies shall strive to provide the necessary support to the Board and TAC as may be necessary for the Board and TAC to fulfill their duties.
11. RESTRICTIONS UPON EXERCISE OF POWER OF BOARD
This Agreement is entered into under the provisions of Title l, Division 7, Chapter 5, Article I, Section 6500, et seq., of the California Government Code, concerning joint powers Agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising the power of the City of San Pablo.
12. FUNDS, AUDIT AND ACCOUNTING SERVICES
Pursuant to the requirements of Section 6505.5 of the
Government Code, the Director of Finance of the City of San Pablo is designated to be the depositary and to have
custody of all WCCTAC funds from whatever source, and to perform the following functions, unless the WCCTAC Board determines otherwise. Fiscal responsibilities shall include the following:
(A) Receive and receipt for all money for WCCTAC for the credit of the Board;
(B) Be responsible upon official bond for the safekeeping and disbursement of all Board money so held;
(C) Pay any sums due from the Board from Board money, or any portion thereof, only upon warrants of the WCCTAC
Executive Director. There shall be a limit of
$25,000 on the amount of warrants which can be
issued without Board approval.
(D) The Finance Division Manager of the City of San Pablo shall be considered the Treasurer of WCCTAC funds
unless otherwise determined by the WCCTAC Board. The
Treasurer of WCCTAC funds shall have custody of all
WCCTAC funds and shall verify and report in writing on
the first day of October, January, and April of each
year; and within ninety (90) days after the close of
the fiscal year ended June 30th, to the Board and to
the participating Agencies to this Agreement, the
amount of money the Treasurer holds for the Board, the
amount of receipts, and the amount paid out since the
last report to the Board.
The audit of funds shall be conducted annually in
compliance with Section 6505 of the Government Code by
an independent certified public accountant qualified
to perform on behalf of joint power authorities.
There shall be strict accountability of all funds and
reporting to the Board of all receipts and
disbursements. In each case the minimum requirements
of the audit shall be those prescribed by the State
Controller for municipalities or counties and the
audit shall conform to generally accepted auditing
standards.
(E) The Executive Director and the Treasurer are hereby designated as the persons who have charge of and access to the property of WCCTAC. Each such person shall file
with the Board an official bond in an amount to be
fixed by the Board. The costs of the bonds shall be
paid by WCCTAC.
13. OBLIGATIONS OF THE AGENCIES
Each Agency shall:
(A) Be liable to the WCCTAC for, upon demand, its
proportionate share of expenses based upon the budget
adopted by the WCCTAC and member Agencies. Invoices
shall be prepared by the WCCTAC Executive Director. The proportionate share of each Agency shall be determined
according to the following formula:
City of Richmond 27.2%
City of El Cerrito 9.1%
City of Hercules 9.1%
City of Pinole 9.1%
City of San Pablo 9.1%
Contra Costa County 9.1%
Bay Area Rapid Transit District 9.1%
Alameda-Contra Costa Transit District 9.1%
Western Contra Costa Transit District 9.1%
(B) The WCCTAC Board will recommend a budget to member
Agencies each Fiscal Year and, based upon the formula set forth in Paragraph (A) above, WCCTAC shall annually
determine the amount of each member Agency's annual
proportionate share.
(C) Commencing on July 1, 1994, and continuing with
each July 1 thereafter, the WCCTAC Board shall approve a budget which reflects the annual costs and the
proportionate share of required funding to be provided by each member Agency. WCCTAC members shall be invoiced annually on or about July 1 for the next fiscal year
and their share shall be payable immediately.
14. NON-DISCRIMINATION STATEMENT
WCCTAC promotes equal opportunities in the workplace. WCCTAC is an equal opportunity employer and does not discriminate based on an applicant's, employee's, intern's, or contractor's race, color, religion, sex, sexual orientation, national origin, citizenship, age, physical or mental disabilities, or any other characteristic protected by state or federal law.
15. DISPOSITION OF WCCTAC FUNDS UPON TERMINATION
WCCTAC funds, including any interest earned on deposits, remaining upon termination of this Agreement after payment of all obligations, shall be returned in proportion to the contribution made by each Agency during the term of this Agreement. Decisions of the Board shall be final in this regard.
16. WITHDRAWAL
Any Agency upon sixty (60) days' written notice given to the Chair of WCCTAC may withdraw from this Agreement; provided, however, that the withdrawing Agency shall be liable for its proportionate share of any expenses incurred, up to the date that the termination becomes effective, which exceeds the withdrawing Agency's contribution under Paragraph 13; and provided further, that in no event shall a withdrawing Agency be entitled to a refund of all or any part of its contribution made under Paragraph 13.
17. TERMINATION
(A) This Agreement shall remain in effect indefinitely
unless amended or terminated as provided hereunder.
(B) This Agreement may be terminated by the affirmative vote of the governing bodies of not less than two-thirds of
all member Agencies.
18. AMENDMENTS
This Agreement may be amended by the following process:
(A) The WCCTAC Board shall first consider any and all
amendments to this Agreement. A majority vote of the
WCCTAC Board shall be required before any recommended
amendment to this Agreement is forwarded to the member
Agencies for consideration and adoption.
(B) This Agreement may be amended by an affirmative vote of the governing bodies of not less than two -thirds of all member Agencies.
(C) Any amendment that is approved shall not become
effective until the WCCTAC Executive Director receives
properly executed copies of the Agreement from not less than two-thirds of all member Agencies of WCCTAC.
19. NOTICES
All notices to Agencies shall be deemed to have been given when mailed to the governing body of each Agency. Notices to WCCTAC shall be sent to the WCCTAC Board at:
WCCTAC
6333 Potrero Ave. Suite 100
El Cerrito, CA 94609
Should WCCTAC’s address of record change, the Executive Director shall provide notice to the Agencies of the
change of address. Notices from other to WCCTAC shall be sent to the updated address.
20. FILINGS WITH THE SECRETARY OF STATE
Within 30 days of the effective date of this Agreement, the Chair of WCCTAC shall file with the Office of the California Secretary of State a Notice of a Joint Powers Agreement for WCCTAC pursuant to California Government Code Sections 6505.3 and 6505.7, and a Statement of Facts - Roster of Public Agencies Filing pursuant to California Government Code Section 53051.
IN WITNESS WHEREOF, these signatures attest the parties' Agreement to the provisions of this Joint Exercise of Powers Agreement.
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