Item 16 Staff Report Adoption of Resolution Approving Joint Powers for the Santa Clara County Congestion Management AgencyCOUNCIL AGENDA
DATE: April 15, 1991
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: APRIL 5, 1991
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGERV'
SUBJECT: ADOPTION OF RESOLUTION APPROVING JOINT POWERS FOR THE SANTA CLARA
COUNTY CONGESTION MANAGEMENT AGENCY
RECOMMENDATION: Adopt the resolution approving the Joint Powers Agreement.
DISCUSSION:
The Santa Clara County Congestion Management Agency has been working with the cities and the County
since last November to draft a Joint Powers Agreement. The Congestion Management Agency Board feels
the document incorporates the majority of interests and concerns of the affected parties and recommends
its ratification. According to Section 4 of the Joint Powers Agreement, the JPA must be ratified by the Board
of Supervisors of the County and a majority of cities with the majority of the population to become effective.
The Agency is requesting ratification of this Agreement by April 17, 1991, to meet the June 30, 1991 deadline
for the first draft Congestion Management Program.
FISCAL IMPACT:
The new gas tax that was approved by the voters in 1990 was intended to cover the Town's share of the
Congestion Management Program funding. The estimates from the State Controller's Office are as follows:
Fiscal Year 1990-91, $19,820; fiscal year 1991-92, $20,340; fiscal year 1992-93, $17,000; fiscal year 1993-
94, $17,500.
The final budget has not been approved for each of the four years but the estimated budgets show that the
Town will not have sufficient gas tax to cover our share as early as Fiscal Year 1992-93, which means that
general fund coverage will be requested. However, if the Town does not participate in the CMPA, we would
be required to have our own congestion management program or risk losing all gas tax funds.
i
PREPARED BY: LEE E. BOWMAN j
Planning Director
LEB:mb 4/11/91 11:35 am
PCMIN02:\CNCLRPTS\TC15#2 File #
Attachments: 1. Resolution designating a Congestion Management Agency
2. Joint Powers Agreement for Santa Clara County Congestion Management Agency
Distribution: Michael P. Evanhoe, Exec. Dir., Santa Clara County Congestion Management Agency
Reviewed by:
Attorney Clerk Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
RESOLUTION
RESOLUTION OF THE TOWN OF LOS GATOS
DESIGNATING A CONGESTION MANAGEMENT AGENCY
FOR SANTA CLARA COUNTY
WHEREAS, the voters of the State of California approved an $18.5 billion dollar
transportation funding program through Propositions 111 and 108 at the June 1990 election;
and
WHEREAS, the voter approval included the requirement that each urbanized county
in California prepare, update, administer and enforce a Congestion Management Program;
and
WHEREAS, for highway and rail projects to be eligible for state funding, such
projects must be included in a Congestion Management Program; and
WHEREAS, if a city or county is found not to conform to the Congestion
Management Program, its new gas tax revenues pursuant to Proposition 111 shall be
withheld; and
WHEREAS, an agency must be designated to prepare, update, administer, and
enforce the Congestion Management Program by a majority of the cities representing a
majority of the population and the County Board of Supervisors; and
WHEREAS, a majority of the cities representing a majority of the population and the
Board of Supervisors of Santa Clara County have designated the Santa Clara County
Congestion Management Agency to be the said Agency.
L9\resos\congst.mgt
n
NOW THEREFORE, be it resolved that the the Town of Los Gatos Town Council
does designate Santa Clara County Congestion Management to prepare, update, administer
and enforce the Congestion Management Program for Santa Clara County.
AND BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
Joint Powers Agreement, dated March 20, 1991, which defines the purpose, objectives,
functions and responsibilities, powers, organization and special provisions of the Santa Clara
County Congestion Management Agency.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 91, by the following vote.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A I I'EST:
MAYOR OF THE TOWN OF LOS GATOS
CLERK OF THE TOWN OF LOS GATOS
L9\resos\congst.mgt 2
JOINT POWERS AGREEMENT
SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY
1. PURPOSE
The purposes of this Agreement are to provide a means of
preparing, adopting, revising, amending, administering
and enforcing the Congestion Management Program (CMP)
for Santa Clara County pursuant to Title 7, Division 1,
Chapter 2.6, commencing with 65088 of the California
Government Code, and a countywide transportation plan
pursuant to Section 66531 of the California Government
Code.
2. OBJECTIVES
The objectives of this Agreement are to:
A. Coordinate transportation and related land use
planning within Santa Clara County.
1
B. Implement the requirements of AB 471 (1989) and AB
1791 (1990) (Katz) commencing with California
Government Code Section 65088 and subsequent state
legislation to create, administer and enforce a
Congestion Management Program (CMP) and establish a
Congestion Management Agency (CMA) for Santa Clara
County and its member cities.
C. Use where applicable the programs and policies of
the County's and cities' General Plans, Golden
Triangle Task Force, Adopted County Transportation
Plan, and the Santa Clara County Traffic
Authority's Strategic Plan as elements in the
Congestion Management Program.
D. It is a goal of the Congestion Management Agency
(Agency) to foster early communication between
member agencies on projects and issues that impact
other member cities and the County, and the
designated CMP transportation system.
3. DEFINITIONS
Certain words as used in this Agreement shall be defined
as follows:
2
A. "Agency" shall mean the Santa Clara County
Congestion Management Agency (CMA) created by this
Agreement.
B. "Golden Triangle Commuter Network" means the
subsidiary agency of the Golden Triangle Task Force
created to administer the Transportation Demand
Management Programs of the Golden Triangle Task
Force and its Member Agencies.
C. "Golden Triangle Task Force" means that agency
created by the County and the cities of Milpitas,
Mountain View, Palo Alto, San Jose and Sunnyvale to
coordinate the implementation of certain growth
management, housing and transportation demand
management policies and programs.
D. "Member Agencies" shall mean the County of Santa
Clara, the participating cities of Santa Clara
County and the Santa Clara County Transit District
which have duly approved and executed this
Agreement.
E. "Santa Clara County Traffic Authority" means that
agency created to implement the program set forth
3
in county —wide ballot Measure "A" November 1984
related to improvements of State Highways 85, 101
and 237.
F. "Transit District" shall mean the Santa Clara
County Transit District.
4. EFFECTIVE DATE
This Agreement shall become effective upon the approval
of the Board of Supervisors and a majority of the cities
representing a majority of the population of the cities
within the County.
5. CREATION OF THE SANTA CLARA COUNTY CONGESTION MANAGEMENT
AGENCY
There is hereby created the Santa Clara County
Congestion Management Agency to exercise in the manner
set forth in this Agreement the powers common to each of
the Member Agencies. The Agency shall be a public
entity separate from the Member Agencies. No debt,
liability, or obligation of the Agency shall constitute
a debt, liability or obligation of any Member Agency and
each party's obligation hereunder is expressly limited
only to the appropriation and contribution of such funds
as may be levied pursuant to this Agreement or as the
parties hereto may agree.
4
6. FUNCTIONS AND RESPONSIBILITIES OF THE AGENCY
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
data base on land use impacts for use in a
county -wide transportation computer model.
B. Develop and implement programs and policies for the
coordination of transportation and related land use
management within Santa Clara County.
C. Institute a program to analyze impacts of land use
decisions made by local jurisdictions on the
Designated CMP Roadway System, regional, and
inter -regional transportation systems, and air
quality.
D. Establish traffic level of service (LOS) standards.
- Define/update a county -wide Designated CMP
Roadway System
(major arterials, County expressways,
State highways).
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- Establish uniform LOS on that network.
E. Accept or reject deficiency plans in accordance
with Title 7, Division 1, Chapter 2.6, commencing
with 65088 of the California Government Code (AB
1791-Katz) which identify deficient segments or
intersections on the CMP Roadway System that do not
meet the uniform LOS standards established by the
CMA.
F. Establish standards for county -wide 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 and trip
reduction and travel demand requirements.
H. Develop and update an overall Congestion Management
Program for the County, (1) which is coordinated
and consistent with the County's Adopted
Transportation Plan and the Bay Area Air Quality
Management District's (BAAQMD) Clean Air Plan; (2)
this program must have a policy statement, an
action element, and a financial element.
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I. Establish a process of notification for development
projects that impact other member cities, the
County, and the designated CMP transportation
system.
J. Develop and update every year a seven-year
transportation capital improvement program for the
CMP that includes completion of the Traffic
Authority's Strategic Plan and Adopted County
Transportation Plan projects.
K. Formulate and implement Trip Reduction and
Transportation Demand Management (TDM) programs and
strategies for the entire County, utilizing
elements of the existing City of Santa Clara and
Golden Triangle Ordinances and the Golden Triangle
Commuter Network as examples and possible
solutions.
L. Monitor the implementation of all elements of the
Congestion Management Program and if necessary make
findings as to non-conformance by any city or the
County, as set forth in Title 7, Division 1,
Chapter 2.6, commencing with Section 65088 and any
amendments thereto or any additions to state law
that affect Congestion Management Programs and/or
Congestion Management Agencies.
7
M. Coordinate transportation and land use planning
with contiguous counties.
N. Facilitate the County -wide response to:
The California Clean Air Act of 1988 and
the Transportation Control Measures of
the BAAQMD's Clean Air Plan.
0. Coordinate the county -wide response to:
The California Transportation Commission
and Caltrans for Flexible Congestion Relief
and Transportation Systems Management (TSM)
funding programs.
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.
P. Other functions and responsibilities as may be
added by amendments to this Agreement pursuant to
Section 18.
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Q. Other functions and responsibilities that are
consistent with the purpose, objectives, functions
and responsibilities described in this Agreement
and are imposed by state or federal law.
7. POWERS
The Agency shall have the power to prepare, adopt,
revise, amend, administer and enforce the provisions of
the Congestion Management Program and to execute other
duties as identified in this Agreement. The Agency is
hereby authorized in its own name to perform all acts
necessary for the exercise of said powers including but
not limited to the following:
A. To make and enter into contracts;
B. To apply for and accept grants, advances,
contributions, and subventions;
C. To employ or contract for the services of agents,
employees, consultants and such other persons or
firms as it deems necessary;
9
D. To make plans and conduct studies and to review,
recommend or adopt revisions or amendments thereto
to the extent allowed by law;
E. To rent, lease, acquire, construct, manage,
maintain, operate and control any buildings, works
or improvements necessary to perform its functions
under this Agreement;
F. To acquire, hold or dispose of property necessary
to perform its functions under this Agreement;
G. To sue and be sued in its own name;
H. To incur debts, liabilities or obligations, subject
to limitations herein set forth;
I. To levy and collect fees reasonably calculated to
recover the cost of the transaction;
J. To adopt, as authorized by law, ordinances or
resolutions necessary to carry out the purposes of
this Agreement;
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K. To seek state and federal funding to defray the
cost of preparing, adopting, amending,
administering and enforcing the Congestion
Management Program and other duties described in
this Agreement.
8. ANNUAL BUDGET
Before April 1 of each calendar year, the Board shall
approve a preliminary budget for the Agency for the
fiscal year commencing with July 1 of the same calendar
year. The Agency shall adopt before June 1 of each year
a final budget for the succeeding fiscal year setting
forth all administrative, operational and capital
expenses for the Agency, together with the apportionment
of such expenses by levy against each agency to the
extent necessary to fund the adopted budget. The fiscal
year shall be July 1 to June 30. The Agency shall
notify and provide a copy of the proposed budget to each
signatory agency thirty (30) days prior to the adoption
of the final budget.
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9. BOUNDARIES
The boundaries of the Agency jurisdiction shall be the
boundaries of the County of Santa Clara.
10. ORGANIZATION
A. Board
The Agency shall be governed by a Board of
Directors which shall exercise all powers and
authority on behalf of the Agency.
The Governing Board of the Agency is empowered to
establish its own procedures and Bylaws.
B. Composition of the Agency Board of Directors
The Board of Directors of this Agency shall be
composed of 12 members representing the member
12
agencies in the following manner:
Member Agency Grouping Members/Votes
1 San Jose 5
2 Los Altos 3
Los Altos Hills
Mountain View
Palo Alto
Santa Clara
Sunnyvale
3 Campbell
Cupertino
Los Gatos
Monte Sereno
Saratoga
4 Gilroy
Milpitas
Morgan Hill
1
1
5 Santa Clara County 2
Unincorporated Population
Santa Clara County Transit District
Total Governing Board Members 12
Selection of Board Members by each Member Agency
Grouping shall be set forth in the Agency Bylaws.
C. Chairperson and Vice -Chairperson
The Agency Board will select a Chairperson and
Vice -Chairperson from among its members, by
nomination and vote.
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D. Vote Required
An affirmative vote of seven of the Agency Board
Members representing Member Agencies shall be
required for the adoption of a finding of
non-conformance with the Congestion Management
Program, to adopt or amend the Congestion
Management Program, to adopt or amend the Agency
Budget, to charge Member Agencies fees and such an
affirmative vote shall be required for any other
action except that two-thirds affirmative vote of
the Agency Board Members shall be required to amend
the Bylaws.
E. Meetings of the Governing Board
(1) Regular Meetings
The Governing Board shall hold at least one
regular meeting each quarter. The date, hour
and place at which each such regular meeting
shall be held shall be fixed by the Governing
Board.
14
(2) Special Meetings
Special meetings of the Governing Board may be
called in accordance with provisions of law.
(3) Notice of Meetings
All meetings of the Governing Board shall be
held subject to the provisions of the Ralph M.
Brown Act, being sections 54950 et seq. of the
Government Code, and other applicable laws of
the State of California requiring notice of
meetings of public bodies to be given.
(4) Minutes
The Governing Board shall cause minutes of all
meetings to be kept and shall after each
meeting cause a copy of the minutes to be
forwarded to each member of the Board and to
each Member Agency.
(5) Quorum
A majority of the votes of the Governing Board
shall constitute a quorum for the transaction
of business as set forth in section 10 D.,
15
except that less than a quorum may adjourn
from time to time.
F. Bylaws
The Agency Board shall adopt such bylaws,
procedures, rules or regulations for the conduct of
its affairs as may be required.
G. Advisory Committees
The Congestion Management Agency shall have the
following standing advisory committees:
o Policy Advisory Committee
Each grouping of cities is to have an advisory
committee comprised of one city council member
from each city in the grouping. It is mandatory
that each advisory committee meet on a regular
basis with their representative from the Agency
Governing Board.
o Technical Advisory Committee (TAC)
The TAC is to be composed of the appropriate
technical staff members from the County,
cities, Transit District and the Traffic
16
Authority. The vote shall be one vote per TAC
Member Agency when a vote is necessary.
o Transportation Demand Management Advisory
Council
There shall be an advisory council on the
policies governing the Trip Reduction and
Transportation Demand Management (TDM) Programs
and related activities. The Council shall be
composed of representatives of the private
sector and the Agency Governing Board. The
Agency Governing Board shall appoint the private
sector representatives to the Council.
H. Other Committees
The Agency Board may establish other committees
necessary to accomplish its responsibilities under
this Agreement.
11. STAFFING
The Agency Board may appoint and retain staff as
necessary to fulfill its powers, duties and
responsibilities under this Agreement, including but not
limited to appointment of temporary or permanent staff.
17
12. RESTRICTIONS UPON EXERCISE OF POWER OF THE SANTA CLARA
COUNTY CONGESTION MANAGEMENT AGENCY
This Agreement is entered into under the provisions of
Title 1, Division 7, Chapter 5, commencing with Section
6500 of the 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 limited by law.
13. FUNDS AND ACCOUNTING SERVICES
Pursuant to the requirements of section 6505.5 of the
Government Code, the Director -of the Department of
Finance acting as the Treasurer and Auditor -Controller
of the County of Santa Clara 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 of all money and place it in
the County Treasury of Santa Clara County in an
account entitled The Santa Clara County Congestion
Management Agency Trust Account for the credit of
the Agency;
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B. Be responsible upon official bond for the
safekeeping and disbursement of all Agency money so
held;
C. Pay any sums due from Agency money, or any portion
thereof, only upon warrants of the public officer
performing the functions of controller who has been
so designated pursuant to this Agreement;
D. Provide written reports to the Agency at least once
a month of the amount of money the treasurer holds
for the Agency said account and of the amount of
receipts and disbursements since the prior report.
Said reports shall be made available to contracting
parties to this Agreement upon request.
E. The Director of the Department of Finance shall
draw warrants to pay demands against the Agency
when the demands have been approved by the
Governing Board or by a person authorized by the
Governing Board to so approve.
F. The Agency will be charged for all accounting
services provided by the County of Santa Clara as
part of this Agreement. Annually the Director of
Finance will determine the reasonable cost of
accounting services provided and notify the Agency.
19
After an audit of these charges by the Agency's
independent auditor and the approval of the Agency
Governing Board the charges shall be paid to the
County.
14. ANNUAL AUDIT (Revised from Section 13)
A. The functions of auditor shall be performed for the
Agency by an independent certified public
accounting firm selected by the CMA Governing
Board.
The Executive Director will ensure that an audit of
the accounts and records is performed at least
annually as required by Section 6505 of the
Government Code. Audits will be performed by a
contracted 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
Government Code and the audit shall conform to
generally accepted auditing standards.
15. DISPOSITION OF AGENCY FUNDS UPON TERMINATION
In the event of termination of the Agency,
Agency funds, including any interest earned on deposits
20
remaining upon termination of the Agency and after
payment of all obligations, shall be returned to each
Member Agency in proportion to the contribution of each
Member Agency during the term of this Agreement. All
decisions of the Agency Governing Board with regard to
determination of amounts to be returned to Member
Agencies shall be final.
16. PROCEDURE FOR BECOMING A MEMBER OF THE SANTA CLARA
COUNTY CONGESTION MANAGEMENT AGENCY
The County and cities who ratify and sign this Agreement
and who pay the annual fee(s) according to Section 18 of
this Agreement shall become members of the Agency.
Failure by the County or any city in Santa Clara County
to become a signatory to this Agreement shall make that
city or County ineligible for representation on the
Governing Board of the Agency. Cities incorporated
after the effective date of this Agreement may become
members of the Agency and have representation to the
Agency Governing Board by becoming signatories to this
Agreement.
17. WITHDRAWAL AND TERMINATION OF MEMBERSHIP
A. A city or the County may elect to withdraw from the
Agency by giving no less than 90 days written
21
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 Agency.
B. A Member Agency who withdraws from the Agency shall
be deemed ineligible for representation on the
Governing Board of the Agency.
C. Withdrawal of membership from the Agency
automatically constitutes. non-conformance with the
requirements of the Congestion Management Program.
The Agency Governing Board shall notify the State
Controller of the withdrawing Member Agency's
non-conformance.
18. SPECIAL PROVISIONS
The Member Agency signatories to this Agreement
anticipate the need for levying a reasonable annual fee
to defray the cost of preparing, maintaining,
administering and enforcing the Congestion Management
Program. The Member Agencies hereby delegate to the
Agency the power to levy upon the Member Agencies a
22
reasonable fee to defray the cost of preparing,
maintaining, administering and enforcing the Congestion
Management Program and other duties of the Agency as
specified in this Agreement according to the Agency's
adopted annual budget. It is presumed that such fees
will be paid by the Member Agencies from fuel tax
subventions to local government pursuant to Proposition
111, which passed at the primary election on June 5,
1990, and/or any other funds available for the purpose.
A Member Agency's failure to pay the fee(s) levied
against it to the Agency within six (6) months after the
fee(s) is due shall forfeit the right to representation
on the Governing Board of the Agency. A Member Agency's
failure to pay after twelve (12) months the fee(s)
levied against it to the Agency shall be deemed to
constitute non-conformance with the requirements of the
Congestion Management Program. The Agency shall notify
the State Controller of the Member Agency's
non-conformance.
19. AMENDMENTS
This Agreement may be amended by the affirmative vote of
the Board of Supervisors and a majority of the cities
representing a majority of the population of the cities.
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20. NOTICES
All Notices to Member Agencies shall be deemed to have
been given when mailed to the governing body of each
Member Agency.
CITY OF CAMPBELL
By
CITY OF GILROY
Date
CITY OF CUPERTINO
By
CITY OF LOS ALTOS
Date
By BY
Date Date
24
TOWN OF LOS ALTOS HILLS
By
CITY OF MILPITAS
Date
TOWN OF LOS GATOS
By
CITY OF MONTE SERENO
Date
By By
Date Date
CITY OF MORGAN HILL CITY OF MOUNTAIN VIEW
By By
Date Date
25
CITY OF PALO ALTO
By
Date
CITY OF SANTA CLARA
CITY OF SAN JOSE
By
CITY OF SARATOGA
Date
By By
Date Date
CITY OF SUNNYVALE COUNTY OF SANTA CLARA
By By
Date Date
26
COUNTY OF SANTA CLARA TRANSIT DISTRICT
By
Date
27