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HomeMy WebLinkAboutReso 178-13 TriValley Trans Council JPA RESOLUTION NO. 178 — 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AND AUTHORIZING THE ADOPTION OF THE TRI-VALLEY TRANSPORTATION COUNCIL (TVTC) JOINT EXERCISE OF POWERS AGREEMENT WHEREAS, the TVTC jurisdictions of the Cities of San Ramon, Dublin, Livermore, Pleasanton, Town of Danville, and the Counties of Alameda and Contra Costa entered into a Joint Powers Agreement (JPA) in 1991 for the purpose of jointly preparing a Tri-Valley Transportation Plan/Action Plan; and WHEREAS, the TVTC Strategic Expenditure Plan (SEP) identified 11 high priority transportation improvements to the regional transportation system necessary to accommodate traffic growth from ongoing development in the Tri-Valley area and elsewhere; and WHEREAS, the TVTC entered into a Joint Exercise of Powers Agreement (JEPA) in 1998 to create the Tri-Valley Transportation Development Fees (TVTDF) as a mechanism to partially fund the $763 million cost of 11 original high priority projects in the TVTC/SEP to address some of the more congested elements of the Tri-Valley transportation network; and WHEREAS, the 1991 JPA and the 1998 JEPA contain sections that overlap and are not consistent and the TVTC directed administrative staff to update and streamline the two Agreements into a new standalone agreement; and WHEREAS, on July 31, 2013, the Tri-Valley Transportation Council (TVTC) approved the new JEPA, authorizing staff to forward the plan to the seven-member jurisdictions for local adoption. In order to adopt the proposed JEPA, the governing bodies of all seven-member jurisdictions must act to approve the JEPA; and WHEREAS, the primary purposes of the new JEPA are to remove the SEP and the Tri- Valley Transportation Development Fee (TVTDF) document from the JEPA in order to expedite and build in flexibility to adapt to changes as needed, eliminate overlapping inconsistencies between the two existing governing documents, remove outdated language, streamline administrative processes, and address agency status; and WHEREAS, the new Joint Exercise of Powers Agreement is a new stand-alone agreement that officially supercedes all the previous agreements; and WHEREAS, the new JEPA would: 1. Create an independent agency that retains the same structure, membership, and focus of the TVTC. The purpose of creating a separate agency is to enable the TVTC to enter into contracts on its own behalf, streamline decision-making processes, and apply for, and receive, grant funding on behalf of TVTC projects. Reso No. 178-13,Adopted 10-15-13, Item 7.1 Page 1 of 2 2. Change the existing voting requirements for any JEPA, SEP, or TVTDF modifications from unanimity to a 6:1 supermajority. 3. Eliminate overlapping inconsistencies that currently exist in the TVTC's governing documents, i.e. the Joint Powers Agreement (1991), Joint Exercise of Powers Agreement (1998), and addendums thereto. 4. Eliminate outdated language that currently exists in both the JPA (1991) and JEPA (1998). 5. Streamline and update administrative processes associated with the operation of the TVTC, such as: • Separating administrative actions (rotation of Chair, etc.) from the new JEPA and defining them in a set of Bylaws; and • Extending the SEP Update Timeframe from a two-year cycle to a five-year cycle; and • Separating TVTD fee and SEP actions from the new JEPA; and • Adopting an annual budget method of administrative management, rather than remaining within a fixed percentage of revenue system. WHEREAS, the adoption of the JEPA requires unanimous approval of all seven member jurisdictions. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Dublin adopts the amendments to the JEPA outlined in this resolution and authorizes the City of Dublin Representative to approve the amendments at the Tri-Valley Transportation Council Public Hearing. PASSED, APPROVED AND ADOPTED this 15th day of October, 2013, by the following vote: AYES: Councilmembers Gupta, Hart, Haubert, and Mayor Pro Tem Biddle NOES: None ABSENT: Mayor Sbranti ABSTAIN: None "A'a Mayor Pro Tern ATTEST City Clerk Reso No. 178-13,Adopted 10-15-13, Item 7.1 Page 2 of 2