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HomeMy WebLinkAboutReso 025-95 TV Council MOURESOLUTION NO. 25- 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ADOPTING A MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ALAMEDA, COUNTY OF CONTRA COSTA, TOWN OF DANVILLE AND CITIES OF DUBLIN, LIVERMORE, PLEASANTON AND SAN RAMON WHEREAS, the Tri-Valley Council, composed of the Town of Danville, the Cities of Dublin, Livermore, Pleasanton, and San Ramon, and the Counties of Alameda and Contra Costa, was created in 1984; and WHEREAS, the Tri-Valley Council was formed to address issues of regional concern; and WHEREAS, the Tri-Valley Council has a proven record of supporting subregional cooperation; and WHEREAS, the Tri-Valley Council has formed the Tri-Valley Council Comprehensive Subregional Planning Committee (the Tri-Valley Planning Committee) to further subregional cooperation and the development of a draft subregional strategy; and WHEREAS, the Association of Bay Area Governments (ABAG) has awarded a $55,000 one- time grant to assist in development of the Comprehensive Subregional Planning Pilot Project (''Project"); and WHEREAS, 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 drat~ subregional strategy ("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; and WBEREAS, the Memorandum of Understanding CMOU"), attached as Exhibit 1, establishes that the administration of the Project is delegated to and vested in the "Tri-Valley Planning Committee" (hereinaRer referred to as "Planning Committee"); and WHEREAS, the MOU establishes the make-up and voting framework of the Planning Committee; and WHEREAS, the MOU authorizes and directs the Planning Committee 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 WHEREAS, by entering into this MOU, the Parties do not intend to create an agency or entity separate from the parties to the MOU. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin 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 City of Dublin to sign the Memorandum of Understanding with the following stipulations: 1. Name ofthebody preparing the draft subregional strategy: The name "Tri-Valley Planning Committee" shall be used in the MOU instead of "Tri-Valley Planning Council". 2. Voting: The MOU shall be amended so that adoption of the Draft Tri-Valley Subregional Planning Strategy shall be by unanimous vote of representatives of all parties to the MOU. 3. Effect of Adoption of Strategy: The MOU shall be amended so that each public agency voluntarily determines the use of the strategy as appropriate in it's community. The MOU shall also provide the adoption of the strategy and 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. Passed, Approved, and Adopted this 271h day of February, 1995. AYES: NOES: ABSENT: Mayor Houston, Councilmembers Burton, Barnes, Howard and Moffatt None None or ATTEST: (g:Xagenda\ecreso2) 2 e e Amended February 27,1995 MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ALAMEDA, 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-Vallev PlanninQ Committee. The administration of the activities called for in this MOU is delegated to and vested in the "Tri-Valley 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 EXHIBIT 1 e e 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-Vallev SubreQional PlanninQ StrateQV. 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 project shall be as substantially as depicted in the grant proposal submitted to ABAG on November 29, 1994. . 6. Administrative Services. There shall be a 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 T AC to provide administrative services as necessary to the Planning Committee such as preparation of agendas for Planning Committee and T AC 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 T AC on the status of consultant services. 8. AccountinQ 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. 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 Draft Tri-Valley Subregional Planning Strategy shall be by unanimous vote of representatives of all parties. 10. Effect of Adoption of StrateQV. 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 it's 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. 2 e e 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. Ninety days after submittal of the Draft Tri-Valley Subregional Planning Strategy by the Planning Committee to the Tri-Valley Council unless by unanimous decision of all Parties (expressed through action by the Tri-Valley Council) the Planning Committee is charged with responsibilities related to implementation of the Strategy. b. Mutual written agreement by all Parties hereto. 14. Withdrawal of Individual Partv(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) fl-om 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. COUNTY OF ALAMEDA Date: Gail Steele, Chairman Approved as to Form: Attest: County Counsel (signatures continued on next page) 3 e e COUNTY OF CONTRA COSTA Dated: Gayle Bishop, Chairman Approved as to Form: Attest: County Counsel TOWN OF DANVILLE Dated: Millie Greenberg, Mayor Approved as to Form: Attest: . City Attorney City Clerk CITY OF DUBLIN Dated: Guy S. Houston, Mayor Attest: Approved as to Form: City Attorney City Clerk CITY OF LIVERMORE Dated: Approved as to Form: Cathie Brown, Mayor Attest: City Attorney City Clerk (signatures continued on next page) 4 e Dated: Approved as to Form: City Attorney Dated: Approved as to Form: City Attorney e CITY OF PLEASANTON Ben C. Tarver, Mayor Attest: City Clerk CITY OF SAN RAMON Greg Carr, Mayor Attest: City Clerk . 5 e e AMENDED FEBRUARY 27, 1995 Note: Bold Italics reflect added language. Strikeout reflects deleted language. MEMORANDUM OF UNDERSTANDING BY AND AMONG THE COUNTY OF ALAMEDA, CONTRA COSTA COUNTY, TOWN OF DANVILLE AND THE CITIES OF DUBLIN, LIVERMORE, PLEASANTON AND SAN RAMON Re':ised Draft February 3, 1 QQS 1. Parties. This Memorandum of Understanding (hereafter referred to as "MOUj, 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 "Partiesft or "partyj. 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 Areaft encompasses the Town of DaRville, 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 "Projectft). 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 Strategyft (hereafter referred to as "Strategyft) and the "Technical Supplemene (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 Par:ties 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-Vallev Plannina Council Committee The administration of the activities called for in this MOU is delegated to and vested in the "Tri-Valley Planning Council Committe eft (hereafter referred to as "Planning Council Committeeft). The Planning Council 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 Council Committee shall each have the option of designating an appointee to serve on their behalf on the Planning Council Committee. These appointees shall have full voting privileges. Planning Cmmcil 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 Council Committee. Each member of the Planning Council Committee shall have equal voting privileges, however, members shall attempt to reach consensus following full discussion. Upon the initial meeting of the Planning Council Committee, one member shall be elected by the Planning Council 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. ATTACINNT 1 e e The Planning Council 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-Vallev Subreaional Plannina Strateav. The Draft Tri-Valley Subregional Planning Strategy ("Strategy") shall be prepared by a consultant selected by the Planning Council Committee. The work plan to develop the Strategy, the corresponding time table to accomplish the work, and the description of the work project shall be as substantially as depicted in the grant proposal submitted to ABAG on November 29, 1994. 6. Administrative Services. There shall be a 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 T AC to provide administrative services as necessary to the Planning Council Committee, such as preparation of agendas for Planning Council Committee and T AC 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 T AC. 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 MOlA The Contract Administrator shall prepare regular written reports to the Planning Council Committee, ABAG and the T AC on the status of consultant services. 8. Accountina 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. The seven Planning Council 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. Members shall attempt to reach consensus following full discussion. Adoption of the Draft Tri-Valley Subregional Planning Strategy shall be by unanimous vote of representatives of all parties. 10. Effect of Adoption of Strateav. 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 it's 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. .:J.{). 11. Amendment. This MOU may be amended at any time upon the written approval of all Parties to the MOU. -14-. 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. 12. 13. Termination of MOU. This MOU shall terminate upon the occurrence of any of the following conditions: a. Ninety days after submittal of the Draft Tri-Valley Subregional Planning Strategy by the Planning Council Committee to the Tri-Valley Council - unless by unanimous decision of all Parties (expressed through action by the Tri-Valley Council) the Planning CouAcil Committee is charged with responsibilities related to implementation of the Strategy. b. Mutual written agreement by all Parties hereto. 2 e e 43. 14. Withdrawal of Individual Partv(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 42 13 above, withdrawal of any Party(ies) from the process shall not cause termination of the provisions of this MOU. 44. 15. Disposition of Funds Upon Termination. Any unexpended ABAG grant funds remaining with the Finance Director of the City of San Ramon shall be retumed 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. COUNTY OF ALAMEDA Date: Gail Steele, Chairman Approved as to Form: Attest: . County Counsel COUNTY OF CONTRA COSTA Dated: Gayle Bishop, Chairman Approved as to Form: Attest: County Counsel TOWN OF DANVILLE Dated: Millie Greenberg, Mayor Approved as to Form: Attest: City Attorney City Clerk (signatures continued on next page) 3 Dated: e Approved as to Form: City Attorney Dated: Approved as to Form: City Attorney Dated: Approved as to Form: City Attorney Dated: Approved as to Form: City Attorney e CITY OF DUBLIN Guy S. Houston, Mayor Attest: City Clerk CITY OF LIVERMORE Cathie Brown, Mayor Attest: City Clerk . CITY OF PLEASANTON Ben C. Tarver, Mayor Attest: City Clerk CITY OF SAN RAMON Greg Carr, Mayor Attest: City Clerk 4