Item 15 Staff Report Adopt Resolution Designating the Santa Clara County Transit District as the Agency Responsible to Develop, Adopt, Update, Administer and Enforce a Congestion Management Program for Santa Clara County and Approving a Joint Powers AgreeCOUNCIL AGENDA
DATE: 11 /21 /94
ITEM NO. r�
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: November 17, 1994
TO: MAYOR AND TOW At COUNCIL
FROM: TOWN MANAGER
SUBJECT: ADOPT RESOLUTION DESIGNATING THE SANTA CLARA COUNTY TRANSIT DISTRICT
AS THE AGENCY RESPONSIBLE TO DEVELOP, ADOPT, UPDATE, ADMINISTER AND
ENFORCE A CONGESTION MANAGEMENT PROGRAM FOR SANTA CLARA COUNTY
AND APPROVING A JOINT POWERS AGREEMENT FOR THE ADMINISTRATION OF
THAT PROGRAM
RECOMMENDATION:
Adopt resolution designating the Santa Clara County Transit District as the agency responsible to develop,
adopt, update, administer and enforce a Congestion Management Program for Santa Clara County and
approving a joint powers agreement for the administration of that program.
DISCUSSION:
The merger of the Congestion Management Agency with the Transit District requires that the new agency
be designated as the agency responsible for preparation of the Congestion Management Plan. In addition,
a new Joint Powers Agreement must be executed to continue the administration of the Santa Clara County
Congestion Management Plan.
PREPARED BY:
EE E. B MAN(
Planning Director
(Continued on Page 2)
LEB:DRR:mb 11/17/94 3:01 pm
n:\dev\cncl rpts\C MA-J PA
Attachments: See Page 2 for list of Attachments
Distribution: Michael Evanhoe, Congestion Management Agency, 101 Metro Drive., Ste. 248, San Jose,
CA 95110
Reviewed by: Attorney Clerk \t Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: SANTA CLARA COUNTY TRANSIT DISTRICT/JOINT POWERS AGREEMENT
November 17, 1994
Copies of the Resolution of Designation and Joint Powers Agreement are attached for review. Upon
execution by Member Agency, the Resolution of Designation revokes its previous designation of the CMA
as the agency to prepare the CMP, designates the Transit District as the agency responsible for the
preparation of the CMP, and approves the Joint Powers Agreement.
The Joint Powers Agreement reflects the merger of the CMA and Transit District, incorporates changes in
the structure of the Board of Directors pursuant to AB2442 and reflects current requirements for the
preparation of CMPs.
The Governing Board approved the Draft Resolution of Designation and Draft Joint Powers Agreement for
distribution to Member Agencies for review and comment at its meeting on October 6. Member Agencies
are now requested to approve the Resolution of Designation and Joint Powers Agreement by December 9,
1994.
ENVIRONMENTAL ASSESSMENT:
The Environmental Assessment is the responsibility of the CMA since they are the agency in this matter.
FISCAL IMPACT: None.
ATTACHMENTS: 1. Resolution of Designation
2. Joint Powers Agreement
RESOLUTION
RESOLUTION OF THE TOWN OF LOS GATOS
DESIGNATING THE SANTA CLARA COUNTY TRANSIT
DISTRICT AS THE AGENCY RESPONSIBLE TO DEVELOP,
ADOPT, UPDATE, ADMINISTER AND ENFORCE A
CONGESTION MANAGEMENT PROGRAM FOR SANTA CLARA
COUNTY AND APPROVING A JOINT POWERS AGREEMENT
FOR THE ADMINISTRATION OF THAT PROGRAM
WHEREAS, Chapter 2.6 (commencing with Section 65088) of Division I of Title 7
of the California Government Code provides that a Congestion Management Program shall
be adopted and updated biennially for every urbanized county by a locally designated agency
which shall develop and administer that program; and
WHEREAS, the agency to develop, adopt and administer the Congestion
Management Program shall be designated by resolutions adopted by the county board of
supervisors and the city councils of a majority of the cities representing a majority of the
population in the incorporated area of the county; and
WHEREAS, in 1991 the Santa Clara County Congestion Management Agency was
formed by a Joint Powers Agreement among the cities, the County of Santa Clara and the
Santa Clara County Transit District and designated to develop, adopt, update, administer
and enforce the Congestion Management Program in Santa Clara County; and
WHEREAS, on November 2, 1993 the voters approved Measure B, an advisory ballot
measure providing for the consolidation of the Santa Clara County Congestion Management
Agency with the Santa Clara County Transit District; and
WHEREAS, in 1994 State legislation was enacted to separate the management of the
Santa Clara County Transit District from the County of Santa Clara and to facilitate the
consolidation of the Congestion Management Agency with the Transit District; and
WHEREAS, it is clearly in the public interest to join the Congestion Management
Agency's functions with the Transit District's so that countywide congestion management
planning and transit planning and operations can be combined in the same agency;
ATTACHMENT 1
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF LOS GATOS,
(1) That the Town of Los Gatos revokes, effective at the end of the day on
December 31, 1994, its previous designation of the Santa Clara County Congestion
Management Agency as the agency to develop, adopt, update, administer and enforce the
Congestion Management Program for Santa Clara County.
(2) That the Town of Los Gatos designates the Santa Clara County Transit District
as the agency to develop, adopt, update, administer and enforce the Congestion
Management Program for Santa Clara County, effective January 1, 1995.
(3) That the Town of Los Gatos hereby approves and the Town Clerk is authorized
to execute the Joint Powers Agreement, effective January 1, 1995, which repeals the Joint
Powers Agreement dated August 14, 1991, establishing the Santa Clara County Congestion
Management Agency, and which provides for the administration of a Congestion
Management Program by the Santa Clara County Transit District.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
A'1'I'EST:
day of , 1994 by the following vote.
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
n: \dev\resos\2transit.cma
November 10, 1994
JOINT POWERS AGREEMENT
FOR THE ADMINISTRATION
OF THE SANTA CLARA COUNTY
CONGESTION MANAGEMENT PROGRAM
THIS JOINT POWERS AGREEMENT (hereinafter "Agreement") dated as of
December 1, 1994, is made and entered into between each of the fifteen (15) Cities
within the County of Santa Clara, the County of Santa Clara and the Santa Clara
County Transit District.
RECITALS
WHEREAS, Chapter 2.6 (commencing with Section 65088) of Division 1 of Title
7 of the California Govemment Code provides that every county that includes an
urbanized area and every city within such county shall implement and comply with a
Congestion Management Program ("CMP") as a condition of receiving certain gas tax
funds; and
WHEREAS, on August 14, 1991, the parties to this Agreement entered into a
joint powers agreement establishing and designating the Santa Clara County
Congestion Management Agency (hereinafter "CMA") as the agency responsible for
implementing the CMP in Santa Clara County; and
WHEREAS, the August 14, 1991, joint powers agreement set forth the powers,
functions and responsibilities by which the CMA was to prepare, adopt, update,
administer and enforce the CMP in Santa Clara County; and
WHEREAS, on March 30, 1994, Assembly Bill 1619 was enacted amending
Section 66531 of the Califomia Govemment Code to vest the agency responsible for
preparing a county's CMP with preparation of that county's long-range transportation
plan; and
WHEREAS, Part 12 (commencing with Section 100000) of Division 10 of the
California Public Utilities Code authorized creation of the Santa Clara County Transit
District with the general power to acquire, construct, operate and finance transit
facilities within Santa Clara County; and
WHEREAS, in 1972 the Santa Clara County Transit District was created by the
voters of Santa Clara County pursuant to Part 12 (commencing with Section 100000)
of Division 10 of the Califomia Public Utilities Code; and
ATTACHMENT
JPA as approved by CMA Goveming Board on November 3, 1994 1
WHEREAS, on July 20, 1994, Assembly Bill 2442 (Cortese) was enacted
amending certain provisions of Part 12 (commencing with Section 100000) of Division
10 of the Califomia Public Utilities Code to allow for the assumption by the Santa Clara
County Transit District of the implementation of the CMP; and
WHEREAS, the parties to this Agreement desire to designate the Santa Clara
County Transit District as the agency responsible for implementing the CMP in Santa
Clara County; and
WHEREAS, because of the importance and unique nature of the CMP
functions, which include evaluating competing project and funding proposals
submitted by all parties to this Agreement, the parties desire that these functions be
maintained as a discrete unit with a high degree of autonomy; and
WHEREAS, this Agreement sets forth the terms and conditions pursuant to
which the Santa Clara County Transit District will assume all the powers, functions,
and responsibilities of the CMA with regard to preparing, adopting, updating,
administering and enforcing the CMP in Santa Clara County; and
WHEREAS, with the assumption by the Santa Clara County Transit District of
the responsibility for implementing the CMP, the existing CMA will henceforth
terminate.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. DEFINITIONS.
A. "Member Agencies" or "Member Agency" shall mean collectively or individually:
(1) the County of Santa Clara; and (2) the participating cities of Santa Clara
County which have duly approved and executed this Agreement. The foregoing
agencies shall be deemed to be members of the Santa Clara County CMP,
subject to the terms of this Agreement.
B. "Transit District" shall mean the entity formed pursuant to Part 12 (commencing
with Section 100000) of Division 10 of the Califomia Public Utilities Code
regardless of whether the Board of Directors of the entity elects to operate under
this name or a different name.
JPA as approved by CMA Goveming Board on November 3, 1994 2
SECTION 2. EFFECTIVE DATE.
This Agreement shall become effective on January 1, 1995, if approved by the Santa
Clara County Board of Supervisors, a majority of the cities in Santa Clara County
representing a majority of the population in Santa Clara County and the Transit District.
SECTION 3. ASSUMPTION OF CMA FUNCTIONS BY TRANSIT DISTRICT.
A. On the effective date of this Agreement, the Joint Powers Agreement dated
August 14, 1991, establishing and providing for the powers and duties of the
CMA shall be rescinded, and the Transit District shall assume all rights and
obligations of the CMA.
B. The assumption of the CMA functions by the Transit District shall be subject to
the following terms and conditions:
1. The powers, functions and responsibilities formerly exercised by the
CMA with regard to implementing the CMP, and such other powers,
functions and responsibilities as are set forth in this Agreement with
regard to implementing the CMP, shall become, and remain, a discrete
unit within the Transit District. This unit shall have a degree of
independence commensurate with its unique function of evaluating
competing projects and proposals submitted by Member Agencies, as
well as by other units within the Transit District. In order to maintain the
appropriate degree of independence of this unit, the unit shall be headed
by a Manager appointed by the General Manager only upon the
concurrence of the Board of Directors of the Transit District.
2. In order to promote the continued success of the CMP in Santa Clara
County, the unit responsible for implementing the CMP shall include, but
not necessarily be limited to, functions substantially comparable to those
that existed in the CMA. Specifically, the CMA unit shall include positions
and related job classifications which are appropriate to and reflect the
professional and technical needs of the land use and transportation
planning and programming functions of the CMA.
3. All employees of the CMA shall become employees of the Transit
District as provided in California Public Utilities Code Sections 100308.
4. All assets, funds obligations and liabilities of the CMA shall be transferred
to the Transit District. The assets and funds transferred from the CMA
shall become, and remain part of the unit responsible for implementing the
CMP and shall not be commingled with other assets and funds of the
JPA as approved by CMA Goveming Board on November 3, 1994 3
Transit District. Furthermore, the assets and funds transferred from the
CMA shall be used only for implementing the CMP.
5. The Transit District shall become the successor to all agreements
entered into between the CMA and other persons or entities. The Transit
District shall not alter, impair, or terminate any such agreements except
as provided in such agreements.
SECTION 4. POWERS.
A. Except as otherwise provided in this Agreement, the Transit District shall have
all the powers necessary to prepare, adopt, revise, amend, administer and
enforce the provisions of the CMP in Santa Clara County and to perform such
other duties as are identified in this Agreement. The Transit District is hereby
authorized in its own name to perform all acts necessary or convenient for the
exercise of these powers.
B. This Agreement is entered into under the provisions of Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 of the Califomia Government Code
concerning joint powers agreements. The powers to be exercised hereunder
shall be subject to the restrictions upon the manner of exercising those powers
as provided by law.
SECTION 5. FUNCTIONS AND RESPONSIBILITIES.
In implementing the CMP in Santa Clara County, the Transit District shall, subject to
the provisions of applicable law, do each of the following:
A. Review the General Plans of Santa Clara County and its cities and the work of
the adopted County Transportation Plan and the Golden Triangle Task Force in
order to develop a CMP and a county -wide database on land -use impacts for
use in a county -wide transportation computer model. (See Section 5-H
regarding regional coordination.)
B. Develop and implement programs and policies for the coordination of
transportation and related land -use management within Santa Clara County.
C. Maintain, review and update a program to analyze impacts of land -use
decisions made by Member Agencies on the Designated CMP Roadway
System, regional, and inter -regional transportation systems, and air quality.
JPA as approved by CMA Goveming Board on November 3, 1994 4
D. Maintain, review and update traffic level -of -service (LOS) standards, including:
1. Defining and updating a county -wide Designated CMP Roadway System
(including major arterials, County expressways, and State Highways); and
2. Establishing a uniform LOS standard and evaluation methodology
on that network.
E. Accept or reject Deficiency Plans in accordance with Chapter 2.6 (commencing
with Section 65088) of Division 1 of Title 7 of the Califomia Govemment Code.
Deficiency Plans identify segments or intersections on the CMP Roadway
System that do not meet the LOS standards established by the CMA.
F. Establish multi -modal transportation system performance measures including
measures related to standards for frequency and routing of public transit and
coordination of transit service provided by separate operators.
G. Provide technical assistance upon request to Member Agencies to facilitate the
development of policies and programs to implement adopted CMP.
H. Develop and update an overall Congestion Management Program for the
County.
I. Develop and maintain a county -wide transportation plan, as provided in
California Government Code Section 66531, as that Section may be amended,
that is consistent with the CMP and the Bay Area Air Quality Management
District's (BAAQMD) Clean Air Plan.
J. Foster early communication between Member Agencies on projects and issues
that impact other Member Agencies and the designated CMP transportation
system.
K. Maintain, review and update process of notification for development projects
that impact other Member Agencies, the County, the Transit District or the
designated CMP transportation system.
L. Develop and update a comprehensive seven-year transportation capital
improvement program for the CMP as required by California Govemment Code
Section 65089, as that Section may be amended.
M. Monitor the implementation of all elements of the Congestion Management
Program and, if necessary, make findings as to non-conformance by any city of
the County, as set forth in Chapter 2.6 (commencing with Section 65088) of
Division 1 of Title 7 of the Califomia Govemment Code and any amendments
JPA as approved by CMA Goveming Board on November 3, 1994 5
thereto or any additions to state law that affect -Congestion Management
Programs and/or Congestion Management Agencies.
N. Coordinate transportation and land -use planning with contiguous counties.
O. Facilitate the county -wide response to the Califomia Clean Air Act of 1988 and
subsequent amendments.
P. Coordinate the county -wide response with:
1. The Califomia Transportation Commission and Caltrans for Flexible
Congestion Relief and Transportation Systems Management (TSM)
funding programs; and
2. Metropolitan Transportation Commission's (MTC) guidelines for County
Transportation Plans, Regional Transportation Improvement Programs
(RTIP), and State Transportation Improvement Programs (STIP) and the
Regional Transportation Plan.
Q. Other functions and responsibilities that are necessary to implement the CMP
and that are consistent with the purposes, objectives, functions and
responsibilities described in this Agreement or are imposed by state or federal
law.
R. Other functions and responsibilities as may be added by amendments to this
Agreement pursuant to Section 15.
SECTION 6. TRANSIT DISTRICT BOARD OF DIRECTORS.
A. As provided in California Public Utilities Code Section 100060, as amended in
1994 (Chapter 254) effective on January 1, 1995, the Transit District's Board of
Directors shall consist of 12 members as follows: two (2) County Supervisors
and one (1) altemate appointed by the County Board of Supervisors; five (5) city
council members and one (1) altemate appointed by the City of San Jose; and
five (5) city council members and three (3) altemates appointed by all cities in
Santa Clara County except the City of San Jose.
1. The five (5) city council members and three (3) altemates to be appointed
as Directors by all the cities in Santa Clara County except the City of San
Jose shall be selected according to the following groupings:
JPA as approved by CMA Goveming Board on November 3, 1994 6
City Grouping
a. Los Altos
Los Altos Hills
Mountain View
Palo Alto
Santa Clara
Sunnyvale
b. Campbell
Cupertino
Los Gatos
Monte Sereno
Saratoga
c. Gilroy
Milpitas
Morgan Hill
Representatives
3 representatives
1 alternate
1 representative
1 altemate
1 representative
1 alternate
2. The cities within each grouping shall determine the method of selecting
their grouping's representatives per Section 100060 of the California
Public Utilities Code.
B. The Board of Directors of the Transit District shall govern in accordance with
Articles 1 and 2 of Chapter 4 of Part 12 (commencing with Section 100000) of
Division 10 of the California Public Utilities Code, as those articles may be
amended.
SECTION 7. ADVISORY COMMITTEES.
The Transit District Board of Directors shall develop and administer the CMP in
consultation with advisory committees, which shall include, but not be limited to, a
Citizens Advisory Committee, a Policy Advisory Committee (PAC) consisting of one
elected official from each Member Agency, and a Technical Advisory Committee (TAC)
consisting of one appropriate technical staff member from each of the Member
Agencies, from the Transit District and from such other agencies as designated by the
Transit District Board of Directors. Each Member Agency shall be entitled to one
representative and one altemate on the PAC and TAC. Each Member Agency and the
Transit District representative to the TAC shall have one vote.
JPA as approved by CMA Goveming Board on November 3, 1994 7
SECTION 8. ANNUAL BUDGET.
A. Before April 1 of each calendar year, the Transit District shall mail to each
Member Agency a preliminary scope of work and associated budget setting
forth all administrative, operational and capital expenses necessary to
implement the CMP for the fiscal year commencing upon July 1 of that calendar
year.
1. The preliminary budget shall set forth each Member Agency's share of
the expenses relating to implementation of the CMP. These expenses
shall be apportioned among the Member Agencies using the same
formula formerly used by the CMA, which is based equally upon each
Member Agency's relative share of the County -wide job population and
of the County -wide gas tax subventions under Proposition 111.
2. The Transit District shall provide the Member Agencies with at least thirty
(30) days advance notice prior to the distribution of the preliminary
scope of work and budget to Member Agencies to provide comment and
input on aspects of the preliminary scope of work and associated budget.
B. The Board of Directors of the Transit District shall adopt before July 1 of each
year a budget for the succeeding fiscal year. The budget shall set forth all
administrative, operational and capital expenses for the CMP, together with the
apportionment of such expenses by levy against each Member Agency to the
extent necessary to fund the adopted budget.
C. The Transit District shall mail a copy of the adopted budget and final
apportionment of costs for implementing the CMP to each Member Agency
within thirty (30) days after the adoption of the budget.
D. If the Board of Directors elects to adopt a multi -year budget, the procedures set
forth in this Section shall apply.
SECTION 9. MEMBER AGENCY FEES.
A. The Member Agencies authorize the Transit District Board of Directors to levy
upon the Member Agencies a reasonable annual fee to fund the CMP budget,
not to exceed the apportionment of expenses set forth in the budget adopted
pursuant to Section 8 of this Agreement. No other fees shall be imposed on
Member Agencies without the approval of a majority of the Member Agencies
representing a majority of the population in Santa Clara County. It is presumed
that such fees will be paid by the Member Agencies from Fuel tax subventions
to local govemment pursuant to Proposition 111, which passed at the primary
election on June 5, 1990, and/or any other funds available for the purpose.
JPA as approved by CMA Governing Board on November 3, 1994 8
B. The annual fee shall be due on the date, or dates if the fee is paid in
installments, set forth by the Transit District Board of Directors. A Member
Agency's failure to pay the fee levied against it to the Transit District within six
(6) months after the fee is due, shall be deemed to constitute nonconformance
with the requirements of the CMP, and the Transit District Board of Directors
shall cause the State Controller to be notified of the Member Agency's non-
conformance.
C. If at the end of a fiscal year the actual expenditures of the Transit District for
implementing the CMP are less than the annual fees collected that year from
Member Agencies, then the Board shall be authorized to determine whether the
surplus fees are to be retained by the Transit District for the CMP or retumed to
the Member Agencies.
1. If the Board decides to retain any surplus fees, the Transit District shall
use such fees as a credit against the annual fees due the following fiscal
year. Any surplus fees retained by the Transit District shall be subject to
those restrictions set forth in Section 10 of this Agreement.
2. If the Board decides to retum any surplus fees, then such fees shall be
retumed to each Member Agency in the same proportion as collected.
SECTION 10. FUNDS AND ACCOUNTS.
A. The Controller -Treasurer of the Transit District is designated to be the
depository and to have custody of all funds, including the annual fee described
in Section 9 of this Agreement, collected or received by the Transit District for
the use and benefit of the CMP (hereinafter "CMP Funds"). The CMP Funds
shall be placed in a separate fund of the Transit District, and not be
commingled with other Transit District funds. The separate fund containing the
CMP Funds shall be subject to inspection and audit by the Transit District's
auditors. The Transit District shall be authorized to make withdrawals against
the CMP Funds to cover expenses of the CMP and for such other expenses as
have been included in the CMP Budget approved pursuant to Section 8 of this
Agreement, and for no other purposes.
B. Funds held by the Transit District, other than CMP Funds, shall not be liable for
obligations resulting from CMP functions without the consent of the Board. The
Transit District shall defend itself and Member Agencies against any claims
regarding monitoring, preparation, administration, and enforcement of the CMP
under this Agreement, and the expenses, costs, and payments, including
attorneys fees, incurred because of such claims against the Transit District or a
JPA as approved by CMA Goveming Board on November 3, 1994 9
Member Agency shall be considered operational expenses and apportioned
pursuant to Section 8A(1) of this Agreement. This obligation and apportionment
shall not encompass claims regarding matters other than monitoring,
preparation, administration, and enforcement of the CMP. All Transit District
obligations unrelated to CMP functions shall not in any way be the obligations
of any Member Agency.
SECTION 11. ANNUAL AUDIT.
As part of the Transit District's annual financial audit, an audit of the Transit District's
CMP accounts and records shall be performed by an independent firm of certified
public accountants, The minimum requirements of this audit shall be those prescribed
by the State Controller for special districts under Section 26909 of the California
Government Code and the audit shall conform to generally accepted auditing
standards. Audit reports shall be made available to the Member Agencies upon
request.
SECTION 12. DISPOSITION OF CMP FUNDS UPON TERMINATION.
In the event of termination of the CMP or transfer of the CMP to another agency, CMP
funds, including any interest eamed on deposits remaining upon termination or
transfer of the CMP and after payment of all obligations, shall either be retumed to
each Member Agency in proportion to the contribution of each Member Agency during
the term of this Agreement or transferred to the successor agency as determined by the
Transit District Board of Directors. All decisions of the Transit District Board of
Directors with regard to determination of amounts to be retumed to the Member
Agencies or transferred to the successor agency shall be final.
SECTION 13. PROCEDURE FOR BECOMING A MEMBER OF THE SANTA
CLARA COUNTY CONGESTION MANAGEMENT PROGRAM.
The County and cities who ratify and sign this Agreement and who pay the annual
fee(s) according to Section 9 of this Agreement shall become members of the Santa
Clara County CMP, as implemented by the Transit District. Failure by the County or
any city in Santa Clara County to become a signatory to this Agreement shall make the
County or that city ineligible for inclusion in the CMP. Cities incorporated after the
effective date of this Agreement may be included in the CMP by becoming signatories
to this Agreement.
JPA as approved by CMA Governing Board on November 3, 1994 10
SECTION 14. WITHDRAWAL AND TERMINATION OF MEMBERSHIP IN THE
CMP.
A. A Member Agency may elect to withdraw from the CMP by giving no less than
90 days written notice. Any such withdrawal shall be effective only on July 1 of
the fiscal year following the fiscal year within which notice of withdrawal is
given. Said withdrawing Member Agency shall be liable for all outstanding
charges and annual fees due and payable up to and including the final date of
membership in the CMP.
B. A Member Agency which withdraws from the CMP shall be excluded from a city
grouping under Section 6 of this Agreement and shall be deemed ineligible for
representation on the Transit District Board of Directors.
C. Withdrawal of membership from the CMP automatically constitutes non-
conformance with the requirements of the Congestion Management Program.
The Transit District Board of Directors shall notify the State Controller of the
withdrawing Member Agency's non-conformance.
SECTION 15. AMENDMENTS.
This Agreement may be amended by resolutions adopted by the Santa Clara County
Board of Supervisors, a majority of the Member Agencies (other than Santa Clara
County) representing a majority of the population in Santa Clara County and the
Transit District.
SECTION 16. NOTICES.
All notices to Member Agencies shall be deemed to have been given when mailed,
telecopied (with hard copy mailed the same day) or hand delivered to the governing
body of each Member Agency.
IN WITNESS WHEREOF the parties have executed this Agreement on the date
shown below.
CITY OF CAMPBELL CITY OF CUPERTINO
BY: BY:
Date Date
JPA as approved by CMA Governing Board on November 3, 1994 11
CITY OF GILROY CITY OF LOS ALTOS
By: By:
Date Date
TOWN OF LOS ALTOS HILLS TOWN OF LOS GATOS
By: By
Date Date
CITY OF MILPITAS CITY OF MONTE SERENO
By: By:
Date Date
CITY OF MORGAN HILL CITY OF MOUNTAIN VIEW
By: By:
Date Date
CITY OF PALO ALTO CITY OF SAN JOSE
By: By:
Date Date
CITY OF SARATOGA CITY OF SUNNYVALE
By: By:
Date Date
JPA as approved by CMA Goveming Board on November 3, 1994 12
CITY OF SANTA CLARA COUNTY OF SANTA CLARA
By: BY:
Date Date
SANTA CLARA COUNTY TRANSIT DISTRICT
By:
Date
JPA as approved by CMA Goveming Board on November 3, 1994
13
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clk:forms\ordres2
RESOLUTION 1994-163
RESOLUTION OF THE TOWN OF LOS GATOS
DESIGNATING THE SANTA CLARA COUNTY TRANSIT
DISTRICT AS THE AGENCY RESPONSIBLE TO DEVELOP,
ADOPT, UPDATE, ADMINISTER AND ENFORCE A
CONGESTION MANAGEMENT PROGRAM FOR SANTA CLARA
COUNTY AND APPROVING A JOINT POWERS AGREEMENT
FOR THE ADMINISTRATION OF THAT PROGRAM
WHEREAS: Chapter 2.6 (commencing with Section 65088) of Division I of Title 7
of the California Government Code provides that a Congestion Management Program shall
be adopted and updated biennially for every urbanized county by a locally designated agency
which shall develop and administer that program; and
WHEREAS: the agency to develop, adopt and administer the Congestion
Management Program shall be designated by resolutions adopted by the county board of
supervisors and the city councils of a majority of the cities representing a majority of the
o ulation in the incorporated area of the county; and
P P P y. ,
WHEREAS: in 1991 the Santa Clara County Congestion Management Agency was
formed by a Joint Powers Agreement among the cities, the County of Santa Clara and the
Santa Clara County Transit District and designated to develop, adopt, update, administer
and 'enforce the Congestion Management Program in Santa Clara County; and
WHEREAS: on November 2, 1993 the voters approved Measure B, an advisory ballot
measure providing for the consolidation of the Santa Clara County Congestion Management
Agency with the Santa Clara County Transit District; and
WHEREAS: in 1994 State legislation was enacted to separate the management of
the Santa Clara County Transit District from the County of Santa Clara and to facilitate the
consolidation of the Congestion Management Agency with the Transit District; and
WHEREAS: it is clearly in the public interest to join the Congestion Management
Agency's functions with the Transit District's so that countywide congestion management
planning and transit planning and operations can be combined in the same agency;
TO
Dec
Ma
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
N OF LOS GATOS:
(1) That the Town of Los Gatos revokes, effective at the end of the day on
mber 31, 1994, its previous designation of the Santa Clara County Congestion
ggement Agency as the agency to develop, adopt, update, administer and enforce the
Congestion Management Program for Santa Clara County.
(2) That the Town of Los Gatos designates the Santa Clara County Transit District
as tie agency to develop, adopt, update, administer and enforce the Congestion
Management Program for Santa Clara County, effective January 1, 1995.
(3) That the Town of Los Gatos hereby approves and the Town Clerk is authorized
to e ecute the Joint Powers Agreement, effective January 1, 1995, which repeals the Joint
Pow rs Agreement dated august 14, 1991, establishing the Santa Clara County Congestion
Ma gement Agency, and which provides for the administration of a Congestion
Ma gement Program by the Santa Clara County Transit District.
RESOLVED: This decision constitutes a final administrative decision pursuant to
Cod of Civil Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code
of t e Town of Los Gatos. Any application for judicial relief from this decision must be
within the time limitsand pursuant theprocedures established
soug t p sua t to p ocedu s estab shed by Code of Civil
Procedure section 1094.6, or such shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the 21st day of November, 1994 by the following vote.
COUNCIL MEMBERS:
AY S: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck and Mayor
Patrick O'Laughlin
NA S: None
ABS NT: None
ABSTAIN: None
SIGNED: /s/ Patrick O'Laughlin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Al"!PEST:
/s/ arian V. Cosgrove
C RK OF THE TOWN OF LOS GATOS
LOS, GATOS, CALIFORNIA
n:\de esos\transit.cma
Octob r 25, 1994
November 21, 1994
Los Gatos, California
TRANSIT ASSIST/GRANT/EXPANDED SERVICES (08.19)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council amend the Community
Services Department's Transit Assist program FY 1994-95 Operating Budget to Incorporate Part
III Grant from Santa Clara County Transit District (SCCTD) as appears in the staff report.
Carried unanimously.
HIGHWAY 85/CELEBRATION/BUDGET ADJUSTMENTS (09.40)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept report on Highway 85
Celebration and authorize budget adjustments as appear in staff report. Carried unanimously.
SOLID WASTE MANAGEMENT/PUBLIC EDUCATION FORUM (10.07)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council accept and file informational
report regarding the Solid Waste Management Public Education Forum addressing the expanded
recycling program and proposed increased refuse rates. Carried unanimously.
WESTERN FOOTHILLS/PLANNING PROJECT/GRANT APP/RESOLUTION 1994-157 (11.47)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-157
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE CITY OF
MONTE SERENO AS LEAD AGENCY TO FILE A GRANT APPLICATION ON BEHALF OF
THE TOWN WITH THE ASSOCIATION OF BAY AREA GOVERNMENTS TO UNDERTAKE
A COMPREHENSIVE SUB -REGIONAL PLANNING PILOT PROJECT TO STANDARDIZE
THE REVIEW OF PLANNING PROJECTS IN THE WESTERN FOOTHILLS OF SANTA
CLARA. Carried unanimously.
POSITION AND CLASSIFICATION/RESOLUTION 1994-158 (12.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-158
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND
CLASSIFICATION PLAN FOR FISCAL YEAR 1994-95. Carried unanimously.
MANAGEMENT COMPENSATION PLAN/RESOLUTION 1994-159 (13.10)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-159
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING MANAGEMENT
COMPENSATION PLAN FOR FISCAL YEAR 1994-95. Carried unanimously.
CONGESTION MANAGEMENT/SANTA CLARA COUNTY TRANSIT DISTRICT
ADMINISTRATION/RESOLUTION 1994-163 (15.40)
Motion by Mrs. Benjamin, seconded by Mrs. Lubeck, that Council adopt Resolution 1994-163
entitled, RESOLUTION OF THE TOWN OF LOS GATOS DESIGNATING THE SANTA
CLARA COUNTY TRANSIT DISTRICT AS THE AGENCY RESPONSIBLE TO DEVELOP,
ADOPT, UPDATE, ADMINISTER AND ENFORCE A CONGESTION MANAGEMENT
PROGRAM FOR SANTA CLARA COUNTY AND APPROVING A JOINT POWERS
AGREEMENT FOR THE ADMINISTRATION OF THAT PROGRAM. Carried unanimously.
TC:D6:MM112194 3