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Home My WebLink About4.04 CongestionMgtAgncyJntPwrs .. e . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 13, 1994 SUBJECT: Modifications to the Congestion Management Agency (CMA) Joint Powers Agreement. rtfJ (Prepared by: Bo Barker, Management Assistant) EXHIBITS ATTACHED: 1. / Resolution in support of the Modifications to the JP A 2. / Letter from CMA dated April 28, 1994 RECOMMENDATIO~ Adopt the Resolution ~;f~ FINANCIAL STATEMENT: None DESCRIPTION: The Alameda County Congestion Management Agency (CMA) is a joint powers agency authorized by Proposition 111. Proposition 111 State Gas Tax funds the CMA's mission to address traffic mitigation issues. The JP A Board consists of representatives from all Alameda County cities and Alameda County. At its April 28, 1994 meeting, the CMA endorsed changes to Section 16 of the Joint Powers Agreement titled "Funds, Audit, and Accounting Services." The change is designed to streamline the accounting practices of the CMA organization. Specifically, the change is as follows: "In accordance with Government Code Sections 6505, 6505.5, 6505.6 (and as may be amended), and any other provisions of state law applicable to the governance of joint powers agencies, the CMA Board shall adopt measures governing the management of CMA funds, audit of such funds, management and accounting services in a manner consistent with State law. Such measures shall be adopted as provisions of the CMA Administrative Code and shall require a vote of a majority of the authorized vote of the CMA Board to be enacted." The language to be deleted from Section 16 is italicized and reads as follows: Pursuant to the requirements of section 6505.5 of the Government Code, the Treasurer of the County of Alameda is designated to be the depository and to have custody of all funds from whatever source, and to perform the following functions. a. Receive and receipt for all money and place it in the County Treasury of Alameda County for the credit of the CMA. b. Be responsible upon official bond for the safekeeping and disbursement of all CMA money so held; c. Pay any sums due from CMA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been so designated pursuant to this Agreement; d. Verify and report in writing on the first day of July, October, January and April of each year to the CMA and to the contracting parties to this Agreement of the amount of money the Treasurer holds for the CMA, the amount of receipts and the amount paid out since the last report to the CMA; The functions of auditor shall be performed for the CMA by the Auditor of Alameda County. the Auditor shall draw warrants to pay demands against CMA when the demands have been approved by the CMA or by a person authorized by the CMA to so approve. There shall be strict accountability of all funds and the Auditor of the County of Alameda will report to the CMA Board all receipts and disbursements. In addition, the Auditor of the COPIES TO: ITEMNO.AA- CITY CLERK FILE ~ ~~ .-a..,~"":"".','____ ~~.~. e e County of Alameda will either make or contract for an audit of the accounts and records at least annually as prescribed by section 6505 of Government Code. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under section 26909 of the Government Code and the audit shall conform to generally accepted auditing standards. In summary, the changes remove the Alameda County Auditor and Treasurer as the designated individuals responsible for CMA funds. The CMA states that the changes will give them the flexibility in conducting routine financial functions. Changes to the JP A are required to receive approval from a majority of the member agencies. Recommendation: Adopt the resolution supporting the amendment to the Alameda County CMA Joint Powers Agreement. .4' e e RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN **************** ADOPTING AMENDMENTS TO THE CONGESTION MANAGEMENT AGENCY JOINT POWERS AGREEMENT WHEREAS, the Alameda County Congestion Management Agency (CMA) was created pursuant to California Government Code Section 65089; and WHEREAS, a joint powers agreement (JPA), dated February 20, 1991 defining the roles, purpose, objectives, responsibilities, powers and duties of the CMA was approved and executed by the Alameda County Board of Supervisors and a majority of the cities representing a majority of the population in the incorporated area of Alameda County; and WHEREAS, State law provides greater flexibility to joint powers agencies in selecting a treasurer, auditor and accountant than the JP A; and WHEREAS, such flexibility is important in order to assure the best possible return on the CMA's funds and cost effective provision of accounting and auditing services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the amendment to the Alameda County Congestion Management Agency Joint Powers agreement: Section 16, Funds, Audit, and Accounting Services, is revised to read: "In accordance with Government Code Sections 6505, 6505.5, 6505.6 (and as may be amended), and any other provisions of state law applicable to the governance of joint powers agencies, the CMA Board shall adopt measures governing the management of CMA funds, audit of such funds, management and accounting services in a manner consistent with State law. Such measures shall be adopted as provisions of the CMA Administrative Code and shall require a vote of a majority of the authorized vote of the CMA Board to be enacted." PASSED, APPROVED AND ADOPTED this 13th day of June, 1994 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Exhibit 1 County of Alameda Supervi50r F.<lward R.Campbell City of Alameda Chairpl!rsDn Mayor E. William Withrow City of Albany Councilmcmber BlllCain City of Berkeley Council member Fred Collignon City of Dublin Mayor Peter W. Snyder City of Em~'l'YvUle Vice Mayor Nora Da vis City of Fremont Council member Cu. H. Morri50n City of Hayward Coundlmember Roberta Cooper City of Livermore Vice Chalrperaon Councilmember Ayn Wie.kamp City of Newark Council member Susan Johnson City of Oakland Councilm.ember Natalie Bayton City of Pleasanton Mayor Ben Tarver City of Piedmont Mayor Milt Kegley City of San Leandro Councilmemb<r Howard Kerr City of Union City Mayor Mark Creen BART Director Margaret K. Pryor AC Transit Director Alice Creason Executive Director Dennis It Fay e >- '; G ;: i V G D .' I.. _ 1\[1 A. 1994 . ., GT1 or- DUBl.l:--J ;-=CM\~1 i i , I \ , =:-:::=::::;' ALAMEDA C01J"NrJ:1Y CONGESTION MANAGEMEN~" A(}I:C~CY April 28, 1994 Mayor Peter Snyder City of Dublin P.O. Box 2340 Dublin, California 94568 Dear Mayor Snyder, At its April 28, 1994 meeting, the CMA Board endorsed changes to Section 16 of the Joint Powers Agreement so that ~t would read: "In accordance with Government Code Sections 6505, 6505.5, 6505.6 (and as may be amended), and any other provisions of state law applicable to the governance of joint powers agencies, the CMA Board shall adopt measures governing the management of CMA funds, audit of such funds, management and accounting services in a manner consistent with State law. Such measures shall be adopted as provisions of the CMA Administrative Code and shall require a vote of a majority of the authorized vote of the CMA Board to be enacted. " This change will allow the CMA to seek the best return on its funds consistent with a prudent strategy of protecting the principal. The revision will also give the CMA flexibility in selecting auditing and accounting services, to assure the best service at the lowest cost. I am requesting that each city and the County adopt these changes at the soonest possible meeting of your gOYC:nL'1g body. r have -enclm;ec a. sample re,'iohJtion for yonT convenience and use. " If you have any questions or concerns regarding this change, please do not hesitate to contact either myself or Dennis Fay, Executive Director of the CMA at (510) 836-2560. Sincerely, 13~ 9.9 E. William Withrow Chairman la33 BROADWAY, SUITE 220, OAKLA"'D. CA 94612' PHONE: /5101836-2560' FAX: /51m 836-2185