To: Board of Supervisors
From: John Kopchik, Director, Conservation and Development
Report Title: Amend Joint Exercise of Powers Agreement for the West Contra Costa Transportation Advisory Committee (WCCTAC)
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute an amendment to the Joint Exercise of Powers Agreement (JEPA) of the West Contra Costa Transportation Advisory Committee (WCCTAC).
FISCAL IMPACT:
None to the General Fund. WCCTAC operations are funded by member agency contributions. The County pays its contribution from Measure J.
BACKGROUND:
WCCTAC is one of four Regional Transportation Planning Committees (RTPC) in Contra Costa County. The RTPCs were created to manage the 1988 Measure C ½ cent transportation sales tax projects and programs, and its extension, Measure J, approved by Contra Costa voters in 2004. In addition to managing revenues from Measures C and J, WCCTAC also administers the sub-regional transportation mitigation fee program (STMP), and participates in defining and implementing policies, programs, and projects to improve local and regional transportation and air quality. WCCTAC is governed by a JEPA between the following member agencies: the cities of El Cerrito, Hercules, Pinole, Richmond, San Pablo; Contra Costa County; and the transit agencies, AC Transit, BART, and WestCAT.
In 2003, when the JEPA was last amended, a seat was added on the WCCTAC Board of Directors for WestCAT (bus transit agency). WCCTAC made further changes to reflect comments from member agencies, including the County, which suggested clarifying certain sections of the agreement and correcting some inconsistent language. The Board of Supervisors approved these amendments in January 2003.
In January 2023, the WCCTAC Board directed WCCTAC staff to pursue an update to the JEPA. Staff returned to the WCCTAC Board on February 24, 2023, with a redline version of the JEPA and sought Board feedback. The changes included: eliminating a prohibition on Board member stipends, updating old terminology, and clarifying some vague language.
In March 2023, the WCCTAC Board recommended their staff transmit the amended draft JEPA to member agencies for review and comment. By May 2023, County staff and County Counsel reviewed the draft and provided minor editorial comments, as well as a request to clarify WCCTAC Board member voting strength language provided in Section 9(3)(c). Final comments from all member agencies were received by WCCTAC in July 2023, which mainly consisted of minor edits, clarifications, and revisions to reflect current practice. The WCCTAC Board directed staff to accept the bulk of comments at its July 2023 meeting.
Though not included in this proposed amendment, WCCTAC is also considering a name change from the “West Contra Costa Transportation Advisory Committee” to the “West Contra Costa Transportation Commission.” The WCCTAC Board feels the current name could be confusing for members of the public and other public agencies (including granting agencies) and gives the impression WCCTAC is only an advisory body rather than a JEPA with certain, independent discretionary powers. The Contra Costa Transportation Authority (CCTA) expressed concerns about the potential disproportionate effort and expense of a legal name change (i.e., amending the CCTA administrative code and other governing documents). After discussion between WCCTAC and CCTA, it was recommended WCCTAC maintain its legal name but do business with a different name, which is a practice similar to other quasi-government agencies in the Bay Area. This way, WCCTAC’s name would not need to legally change but could change on public-facing materials. WCCTAC is still discussing the matter and there does not appear to be a deadline for a final decision.
CONSEQUENCE OF NEGATIVE ACTION:
By not being party to the WCCTAC Joint Exercise of Powers Agreement the County would not fulfill its obligation under Measure J to participate in cooperative, multi-jurisdictional planning.