Item 18 Staff Report Adopt Resolution Authorizing Town Manager to Execute Agreement with Santa Clara County Transit District Congestion Management Program to Accept AB 434 Funds Under Vehicle Registration Fee Program For FY 1994/95TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: July 3, 1995
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 7/17/95
ITEM NO. 1 8
ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT
WITH SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT
PROGRAM TO ACCEPT AB 434 FUNDS UNDER THE VEHICLE REGISTRATION FEE
PROGRAM FOR FY 1994/95
RECOMMENDATION:
Adopt Resolution authorizing Town Manager to execute agreement with Santa Clara County Transit District
Congestion Management Program to accept AB 434 funds under the vehicle registration fee program for FY
1994/95.
BACKGROUND:
In October 1991, Governor Wilson signed into law Assembly Bill (AB) 434. This bill provided authority for the
Bay Area Air Quality Management District (BAAQMD) to impose a surcharge on motor vehicle registration
paid within its jurisdiction. The surcharge provides funding to reduce vehicle emissions by replacing traditional
gasoline powered vehicles with alternate fuel technology. Surcharge funds generated are returned to
designated Program Managers within each Bay Area County. The Santa Clara County Transit District is the
designated agency to distribute local funding to cities within the County of Santa Clara.
DISCUSSION:
The Santa Clara County Transit District has allocated AB 434 funding in the amount of $22,500.00 to the
Town of Los Gatos to be used for an alternate fuel demonstration project. These funds were made available
as part of Santa Clara Counties allocation from the Bay Area Air Quality Management District for FY 1994/95.
The Town's share of AB 434 funds in FY1995/96 will be used to purchase one natural gas vehicle for Parks
Forestry and Maintenance Services Department. Estimated cost to purchase new vehicle not to exceed
$28, 850.00.
PREPARED BY:
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Michael LaRocca
Director of Parks, Forestry and Maintenance Services
Attachments: See page 2 for list of attachments
Distribution:
Reviewed by: Attorney Clerk Finance
Revised: 7/12/95 1:55 pm
reasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT
WITH SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT
PROGRAM TO ACCEPT AB 434 FUNDS UNDER THE VEHICLE REGISTRATION FEE
PROGRAM FOR FY 1994/95
DATE: July 3, 1995
CONCLUSION:
Accept funding from the Santa Clara County Transit District Congestion Management Program to offset
purchase for one alternate fuel vehicle.
ENVIRONMENTAL ASSESSMENTS:
Is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
$13,500.00 (Acct. 2201-77411) is fully funded in FY1995/96 budget to replace fixed asset #5074 Dodge D50
pickup. $22,500.00 will be used to offset additional cost to purchase alternative fuel vehicle. Cost to
purchase new vehicle not to exceed $28,850.00. Present asset will be disposed of through trade or auction.
Final determination will be made based on offers from dealers.
ATTACHMENTS: 1. Resolution
2. Agreement
RESOLUTION 1995-
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT WITH
SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT
PROGRAM TO ACCEPT AB 434 FUNDS UNDER THE VEHICLE REGISTRATION
FEE PROGRAM FOR FY 1994/95
WHEREAS, in October 1991, Governor Wilson signed into law Assembly Bill (AB) 434,
authorizing the Bay Area Air Quality Management District (BAAQMD) to impose a surcharge
on motor vehicle registration paid within its jurisdiction; and
WHEREAS, the surcharge provides funding to reduce vehicle emissions through
alternative fuel technologies; and
WHEREAS, the Santa Clara County Transit District is the designated agency to distribute
local funding made available as part of Santa Clara Counties allocation from the Bay Area Air
Quality Management District for FY 1994/95; and
WHEREAS, the Santa Clara County Transit District has programmed $22,500.00 of the
funds available in FY 1994/95 for AB 434 funds to sponsor to be used for the alternate fuels
demonstration project; and
WHEREAS, the Town's share of AB 434 funds will be used to offset purchase price for
one natural gas vehicle.
THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that the Town Manager is authorized to execute the
attached agreement with the Santa Clara County Transit District Congestion Management Program
to accept AB 434 funding in the amount of $22,500.00.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17th day of July , 1995 by the following vote:
1 ATTACHMENT 1
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
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SANTA CLARA COUNTY TRANSIT DISTRICT R-"'
CONGESTION MANAGEMENT PROGRAM SID'
AB 434 40% FUND TRANSFER AGREEMENT - FY 1994/95
This Agreement is made on , between the Santa Clara County Transit
District (hereinafter SCCTD), and the TOWN OF LOS GATOS (hereinafter SPONSOR).
Section 1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to specify the terms and conditions for the advancement of
funds made available from the AB 434 Vehicle Registration Fee program for FY 1994/95. As
program manager in Santa Clara County, SCCTD will annually program the AB 434 40% funds
collected for Santa Clara County. SCCTD will receive advancements of these funds from the
Bay Area Air Quality Management District (BAAQMD), which will then be advanced to project
sponsors, pursuant to this Agreement.
Section 2. DESCRIPTION OF PROJECT
SCCTD has programmed $22,500 of the finds available in the 1994/95 Santa Clara County
allocation of the AB 434 40% funds to SPONSOR to be used for the Alternate Fuels
Demonstration Project as described in the attached Project Summary sheet.
Section 3. ADVANCEMENT OF FUNDS
Funds for the 1994/95 program will be advanced to SCCTD from BAAQMD in two installments
pursuant to a funding agreement between SCCTD and BAAQMD for the FY 1994/95 program
finalized March 1, 1995. Advancements from BAAQMD will be made within ten (10) working
days of March 1, 1995, and April 1, 1995, respectively. Prior to the disbursement of funds,
SPONSOR must submit to SCCTD a "Request for Advancement of Funds" form. The initial
advancement shall be no more than 75% of SPONSOR's grant amount. SPONSOR shall submit
an additional request each quarter. If SPONSOR has funds remaining but chooses not to request
an advancement for the upcoming quarter, a "Request for Advancement of Funds" form must still
be completed with the appropriate information. "Request for Advancement of Funds" forms
must be submitted to SCCTD within 30 days following the end of each quarter until SPONSOR
expends all funds and/or closes out the project. If no form is received, SCCTD will withdraw
any future advancement of funds to SPONSOR until a form is submitted. In order to expedite
SPONSOR disbursements, proper, complete, and thorough documentation must accompany each
"Request for Advancement of Funds" form. SPONSOR must complete the "Request for
Advancement of Funds" form and provide documentation that all previous advancement of funds
have been expended or encumbered prior to any additional advancements. For reimbursement of
funds, it is acceptable for SPONSOR to submit an invoice to the SCCTD along with
documentation of funds spent.
Section 4. DOCUMENTATION OF EXPENDITURES
SPONSOR will submit a report to SCCTD within two (2) months of the end of each fiscal year
which itemizes the expenditure of funds. SPONSOR will, for the duration of this project and for
three (3) years following completion of the project, make available to SCCTD, BAAQMD, or to
an independent auditor, all records relating to expenses incurred in implementing this project.
'ATTACHMENT
Section 5. INDEMNIFICATION
SPONSOR and SCCTD mutually agree to indemnify and hold each other harmless, their officers
and employees, for any and all liability caused by the negligence or wrongful act of SPONSOR or
SCCTD employees, for any and all liability caused by the negligence or wrongful act of
SPONSOR or SCCTD arising out of the performance of this Agreement, and to pay all claims,
damages, judgments, legal costs and attorney's fees related thereto. It is also understood and
agreed that, pursuant to Government Code Section 895.4, SPONSOR and SCCTD shall fully
indemnify and hold each other harmless from any liability imposed for injury as defined by
Government Code Section 810.8 occurring by reason of anything done or omitted to be done by
SPONSOR or SCCTD under this Agreement or in connection with any work, authority or
jurisdiction delegated to SPONSOR or SCCTD under this Agreement.
Section 6. NON-DISCRIMINATION AND AFFIRMATIVE ACTION
During performance of this Agreement SPONSOR, its employees and subcontractors shall not
unlawfully discriminate against any employee or applicant for employment because of race,
religion, color, national origin, ancestry, physical disabilit
y, medical condition, marital status, age
or sex, and shall take affirmative action to assure that applicants are lawfully employed, and that
employees are lawfully treated during their employment, without regard to their race, religion,
color, national origin, ancestry, physical disability, medical condition, marital status, age or sex.
Such action shall include, but not be limited to, the following: Employment upgrading, demotion,
transfer, recruitment and recruitment advertising, layoff and termination, rates of pay and other
forms of compensation, and selection for training.
Section 7. AMENDMENTS
Amendments to this Agreement, including modifications to the project described herein, shall be
made in writing, and signed by both parties.
TOWN OF LOS GATOS SANTA CLARA COUNTY
("SPONSOR") TRANSIT DISTRICT ("SCCTD")
DAVE KNAPP, Town Manager PETER M. CIPOLLA, General Manager
ATTEST:
ATTEST:
MARIAN COSGROVE, Town Clerk SANDRA WEYMOUTH, Secretary
Board of Directors
APPROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY:
AND LEGALITY:
LARRY ANDERSON KEVIN D. ALLMAND
Town Attorney Legal Counsel
ACTION
AGENDA ITEM:
INTERNAL TRACKING
COMPLETE AND INITIAL EACH STEP fci
AGE
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RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
-BY
LIST IN BOOK / 6 - 97
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ON DISC? MARIAN'S FORM SENT TO DEPT.
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PUBLISH IF REQUIRED - Indicate date of
ORDINANCES ONLY Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
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SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
TYPE ENVELOPES AND MAIL
SIGN BY CLERK/SEAL
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ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
FILE IN VAULT
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SEND FOR CODIFICATION IF ORDINANCE !
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
MAINTENANCE
07/17/95
18
VEHICLE REGISTRATION FEE
RESOLUTION ORDINANCE
Number: 1995-97 Number:
Date of Adopt: 07/17/95 Date of Intro:
COUNCIL AC'I'ION:
AYES: OTHERS
NAYS:
ABSENT: BENJAMIN:
ABSTAIN:
Date of Adopt:
ZONE CHANGE:
COUNCIL MEMBERS NAMES:
Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck,
Mayor(or Chairman) PATRICK O'LAUGHLIN
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
RESOLUTION 1995 - 97
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT WITH
SANTA CLARA COUNTY TRANSIT DISTRICT CONGESTION MANAGEMENT
PROGRAM TO ACCEPT AB 434 FUNDS UNDER THE VEHICLE REGISTRATION
FEE PROGRAM FOR FY 1994/95
WHEREAS, in October 1991, Governor Wilson signed into law Assembly Bill (AB) 434,
authorizing the Bay Area Air Quality Management District (BAAQMD) to impose a surcharge
on motor vehicle registration paid within its jurisdiction; and
WHEREAS, the surcharge provides funding to reduce vehicle emissions through
alternative fuel technologies; and
WHEREAS, the Santa Clara County Transit District is the designated agency to distribute
local funding made available as part of Santa Clara Counties allocation from the Bay Area Air
Quality Management District for FY 1994/95; and
WHEREAS, the Santa Clara County Transit District has programmed $22,500.00 of the
funds available in FY 1994/95 for AB 434 funds to sponsor to be used for the alternate fuels
demonstration project; and
WHEREAS, the Town's share of AB 434 funds will be used to offset purchase price for
one natural gas vehicle.
THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that the Town Manager is authorized to execute the
attached agreement with the Santa Clara County Transit District Congestion Management Program
to accept AB 434 funding in the amount of $22,500.00.
1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 17th day of July, 1995 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck,
Mayor Patrick O'Laughlin
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
July 17, 1995
Los Gatos, California
CONGESTION MANAGEMENT/VEHICLE REGISTRATIONFEE/RESOLUTION 1995-97 (18.40)
Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1995-97
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO EXECUTE AGREEMENT WITH SANTA CLARA COUNTY TRANSIT DISTRICT
CONGESTION MANAGEMENT PROGRAM TO ACCEPT AB 434 FUNDS UNDER THE
VEHICLE REGISTRATION FEE PROGRAM FOR YEAR1994-95. Carried by a vote of 4 ayes.
Mrs. Benjamin was absent.
VERBAL COMMUNICATIONS (XX.47/49)
Development of Black Road:
Jo Bartlett, 166 Oak Hill Way, spoke of proposed development
specifically noted property being developed by Pete Denevi for
has been referred from the County to the Town for comment.
Council for a position.
in the hills off Lexington. She
an area golf course. This item
The proposal will come before
Downtown Association -Music in the Plaza:
Barbra Toren, 15933 Orange Blossom, spoke of the Downtown Association withdrawing from
participation in the Music in the Plaza agreement at this time.
HEARINGS
LOS GATOS BOULEVARD 227/SIDE YARD SETBACK/APPEAL (19.09)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to
consider an appeal of a Planning Commission decision to deny an appeal of a decision of the
Planning Director denying a request for reduction of side yard setback from five to three feet
in order to construct an accessory garage structure on property in the R-1D Zone. Minor
Residential Development Application X-95-9. Property located at: 227 Los Gatos Boulevard.
Property owners: Kiturah Humphrey and Henry Farhi.
Motion by Mr. Blanton, seconded by Mrs. Lubeck, that Council continue this item to August 7,
1995. Carried by a vote of 4 ayes. Mrs. Benjamin was absent.
UTILITY USERS' TAX/GAS/ELECTRIC/TELEPHONE/WATER/ORDINANCE 2001 (20.24)
Mayor O'Laughlin stated that this was the time and place duly noted for public hearing to
consider adopting ordinance establishing a 2% utility users' tax on gas, electric, telephone, cable
and water.
The following people from the audience spoke to this issue:
Egon Jensen, 182 Lester Lane, spoke against the Utility Users' Tax and requested that the issue
be put on a ballot for a vote. He suggested that the increased taxes would go to administration
and he believes this revenue should go to capital improvements.
John Mortenson, 102 Worcester Lane, spoke of the minimal amount of the tax on the utility
bills, expressed his view of the needs of the Town, and the benefits that will be derived from this
additional tax. He asked for immediate adoption of the ordinance without waiting for a vote.
Eleanor Mortenson, 102 Worcester Lane, supported the utility tax without a vote.
No one else from the audience addressed this issue.
TC:D7:MM071795
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