REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of September 24, 2024
TO: Mayor and Members of the City Council
VIA: Dante Hall, City Manager
SUBMITTED BY: Mike Roberts, Public Works Director
SUBJECT: Approval of Update to the West Contra Costa Transportation Advisory Committee (WCCTAC) Joint Power Agreement (JPA) RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution approving the updated WCCTAC JPA.
BACKGROUND:
The West Contra Costa Transportation Advisory Committee (WCCTAC) is one of four Regional Transportation Planning Committees (RTPCs) in Contra Costa County and represents the West Contra Costa County sub-area. The RTPCs were created in 1988 to guide transportation projects and programs included in the Measure C, ½ cent, transportation sales tax approved by Contra Costa voters. Measure C was succeeded by Measure J in 2004.
WCCTAC recently adopted a new “doing business as” name and is currently known as the West Contra Costa Transportation Commission (WCCTC). Its official legal name, however, remains the same and is what appears in the Joint Powers Agreement. As such, this staff report uses the legal name.
WCCTAC is a public agency, governed by a Joint Powers Agreement (JPA) between the following member agencies: the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo; Contra Costa County; and the transit operators, AC Transit, BART, and WestCAT. WCCTAC’s operating revenues are derived from dues paid by member agencies as well as from numerous grants.
WCCTAC aims to improve the transportation system in West Contra Costa through the development and coordination of transportation plans, projects, programs and policies for the West Contra Costa area. In addition to directing some funds from Measure J, WCCTAC administers the Sub-regional Transportation Mitigation Fee Program (STMP) which collects impact fees from development projects built in the West Contra County and applies them to transportation improvements.
WCCTAC also manages a Transportation Demand Management (TDM) Program using the “511 Contra Costa” brand which is aimed at vehicle trip reduction. Programs include: outreach to assist employers with development of trip reduction programs, bicycle programs, carpool and transit incentive programs and other projects to encourage alternative to driving alone.
WCCTAC appoints two representatives to the Contra Costa Transportation Authority (CCTA) who serve alternating two-year terms. CCTA is the countywide governing body for Measures J and also directs certain state and federal transportation funds that are allocated to Contra Costa County. CCTA also serves as the county’s Congestion Management Agency (CMA). Hercules Council Member Chris Kelley is currently serving as a CCTA Board member representing WCCTAC.
Given WCCTAC’s JPA was last updated in 2003, which is over 20 years ago, their Board is now pursuing an update which requires the approval of two-thirds of all member agencies.
ANALYSIS:
The Updated JPA includes mostly minor edits, clarifications, text improvements, and updates for events that occurred after 2003. For example:
Minor Edit – On Pg.2, Subsection 1: Add “and” before “transit district transportation agency” to indicate it is the last adjective describing the characteristics of the JPA.
Text Improvement – On Pg.1, 5th Recital: Insert “or individually as an “Agency” to add a more elegant alternative to using “Parties” to refer to the JPA entity.
Clarification – On Pg. 10, (3)(b): A majority vote is replaced with “Six affirmative votes” to clarify the number of affirmative votes needed given there are eleven votes cast for WCCTAC business decisions. Other actions such as appointment to the WCCTAC Board have a different voting structure.
Update – On Pg. 1: Add 4th Recital “WHEREAS, on November 2, 2004, the voters of Contra Costa County approved Measure “J” which is the successor to Measure C” since this occurred after the last update in 2003.
There is one potentially impactful change to the JPA proposed on Pg.8, in section (9)(A)(1)(b) which is to remove “Each member and alternative shall serve without compensation.” Striking this wording from the JPA would allow for the possibility of the WCCTAC Board approving small meeting stipends for Board members in the future. A vote at WCCTAC authorizing such stipends has not yet occurred. Additionally, WCCTAC staff has stated that it has not yet confirmed whether such stipends would be recommended by WCCTAC staff under current law. To date, a majority of the other member agencies have approved all proposed changes to the JPA. Staff is recommending that Hercules do the same and that the City Council approve the proposed update in its entirety.
FISCAL IMPACT:
This action does not have any direct fiscal impact.
ENVIRONMENTAL REVIEW:
Approval of the updated JPA is not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15378 because it is an administrative activity that does not directly or indirectly impact the environment.
ATTACHMENTS:
JPA – Redline
Resolution
JPA – Clean Version