Loading...
Item 21 Staff Report Consideration of Report Regarding Joint Powers Agreement for the Santa Clara County Congestion Management AgencyTOWN OF LOS GATOS Council Agenda Report DATE: February 1, 1991 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: Council Agenda Date: 2/4/91 Item: .=::2, CONSIDERATION OF REPORT REGARDING JOINT POWERS AGREEMENT FOR THE SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY. RECOMMENDATION: 1. That the Town respond to the Congestion Management Agency that we do not have any suggested changes to the draft Joint Powers Agreement. 2. The Council choose March 26 or 27, 1991, as the recommended date for a joint study session of the Councils of the five West Valley cities. DISCUSSION: The Congestion Management Agency has distributed a draft joint powers agreement (Attachment 1) for review and comment by the cities, with a response requested by February 8, 1991. The draft joint powers agreement appears to be consistent with the previously adopted by-laws for the Congestion Management Agency. The Council should reserve final approval until it is determined whether there are any amendments proposed by any other cities, otherwise the draft can be recommended for adoption. In addition, the City of Campbell (See Attachment 2) is recommending that a study session for Council members from the five cities in our region be held on March 25, 26, or 27, 1991. The Council already has a budget study session scheduled for March 25, so you need to choose the 26th or 27th as a recommended date. PREPARED BY: LEB:cher C6\CNCLRPTS\2-4#17. PLN Reviewed by: LEE E. BOWMAN: — Planning Director Acting Town Attorney Finance Manager TOWN COUNCIL ACTION DIRECTED TO: ACTION OF COUNCIL: Congestion Management As- Santa Cara County MEMORANDUM Date: January 23, 1991 To: City Managers and County Executive From: Michael P. Evanhoe, Executive Director Subject: Joint Powers Agreement The purpose of this memorandum is to transmit a draft of the Joint Powers Agreement (JPA) for the Santa Clara County Congestion Management Agency (CMA) to you for your city's review and comment. As we have discussed at the December and January meetings of the County/Cities Managers' Association, county counsel has determined that a Joint Powers Agreement is necessary for the formation and operation of the CMA. Accordingly, a draft JPA was written by staff and approved by county counsel. On January 16, 1991, the CMA Board approved the transmittal of this draft JPA to cities and the County for review and comment. The Governing Board is requesting that your city review this document and forward your comments to me by Friday, February 8, 1991. These comments will be reviewed by the Committee and where appropriate incorporated into the JPA prior to its final approval by the CMA Board at their February 20th meeting. The JPA will then be transmitted back to the cities and County for adoption by city councils and the Board of Supervisors. We hope for final adoption of the JPA by the cities and the County in March, 1991. I realize that the turnaround time is short; however, it is necessary to expedite this process in order for the CMA to expend funds to create the Congestion Management Program. If you have any questions or would like more information about this process, please feel free to call me at 408/453-4030. Thank you for your assistance. Sincerely, Michael P. Evanhoe, Executive Director LVW:MPE/gt Attachments cc: Technical Advisory Committee Members e 1991 ATTACHMENT 1 INTERIM OFFICE: 101 Metro Drive, Suite 248, San Jose, California 95110 PHONE: 408/453-1030 FAX: 408/453-4145 EELU 01/15/91 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 for Santa Clara County pursuant to Section 65088 et seq. of the Government Code and a countywide transportation plan pursuant to Section 66531 of the Government Code. 2. OBJECTIVES The objectives of this Agreement are to: A. Coordinate transportation and related land use planning within Santa Clara County. B. Implement the requirements of AB 71 (1989) and AB 1791 (1990) (Katz) and subsequent state legislation to create a Congestion Management Plan and 1 establish a Congestion Management Agency 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 Traffic Authority's Strategic Plan as elements in the Congestion Management Plan. D. it is a goal of the Congestion Management Agency (CM Agency) to foster early communication between member agencies on projects and issues that exceed threshold and 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: A. "Agency" shall mean the Santa Clara County Congestion Management Agency created by this Agreement. B. "Member Agencies" shall mean the County of Santa Clara, the participating cities of Santa Clara 2 County and the Santa Clara County Transit District. C. "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. 3 6. FUNCTIONS AND RESPONSIBILITIES A. Review the general plans of Santa Clara County and its cities and the work of Adopted County Transportation Plan and the Golden Triangle Task Force in order to develop a CMP and a county -wide data base. B. Develop and implement programs and policies for the coordination of transportation and related land use management. C. Institute a program to analyze threshold impacts of land use decisions made by local jurisdictions on county -wide, regional, and inter -regional transportation systems, and air quality. D. Establish traffic level of service (LOS) standards. - Define/update a county -wide roadway network (major arterials, expressways, freeways). - Establish LOS on that network. E. Adopt deficiency plans as required in AB 1791 (Katz) which identify deficient segments or intersections that do not meet the established LOS standards. 4 F. Define county -wide transit routing and frequency standards. G. Provide technical assistance upon request to member agencies to facilitate the development of policies and programs to implement adopted CMP and TDM requirements. H. Develop and update an overall Congestion Management Plan for the County, (1) which is coordinated and consistent with the County's Adopted Transportation Plan and the Region's mandated air quality improvement strategy; (2) this plan must have a policy statement, an action element, and a financial element as set forth in state law. I. Establish a process of notification for projects that exceed thresholds and impact other member cities, the County, and the designated CMP transportation system. J. Establish a process and criteria to review development projects. K. Develop a rolling seven-year transportation improvement program for the County that includes 5 completion of all Measure A and Adopted County Transportation Plan projects. L. Formulate Transportation Demand Management (TDM) programs and implementation 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. M. 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 AB 471 and AB 1791 (Katz) and any amendments thereto or any additions to state law that affect CM Agencies. N. Coordinate transportation and land use planning with contiguous counties. 0. Facilitate the County -wide response to: The Clean Air Act and Transportation Control Measures of MTC and BAAQMD. P. Coordinate the county -wide response to: 6 The California Transportation Commission and Caltrans for Flexible Congestion Relief and TSM funds. MTC guidelines for County Transportation Plans (AB 3705), RTIP, and STIP. Q Other functions and responsibilities as may be added by amendments to this Agreement pursuant to Section 18. R. 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: 7 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; 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 and charges, including 8 administrative and operating costs, as provided in this Agreement or by law, against all entities to which the law applies, both signatory and non —signatory to this Agreement; J. To adopt, as authorized by law, ordinances or resolutions necessary to carry out the purposes of this Agreement; K. To seek state and federal funding to,defray the cost of preparing, adopting, amending, administering and enforcing the Congestion Management Plan and other duties described in this Agreement; and L. To recommend, adopt and amend the Congestion Management Program. 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 9 of such expenses by levy against each agency to the extent necessary. 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 budget. 9. BOUNDARIES The boundaries of the Agency 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. The Board may do any and all things necessary to carry out the purposes of this Agreement. B. Composition of the Agency Board of Directors The Board of Directors of this Agency shall be 10 composed of 12 members representing the member 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 C. Chairperson and Vice -Chairperson The Agency Board will select a Chairperson and Vice -Chairperson from among its members, by nomination and vote. 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 11 non-conformance with the Congestion Management Program, to adopt or amend the Congestion Management Program, to adopt or amend the Agency Budget, to levy fees or charges against Member Agencies 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. (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 12 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, except that less than a quorum may adjourn from time to time. F. Bylaws The Agency Board shall adopt such bylaws, rules or regulations for the conduct of its affairs as may be required. 13 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 CM 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 Authority. The vote shall be one vote per entity when a vote is necessary. o Transportation Demand Management Advisory Council There shall be an advisory council on the policies governing the Transportation Demand Management (TDM) Program and related activities. The Council shall be composed of representatives of the private sector and the CM Agency 14 Governing Board. The CM 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. 12. RESTRICTIONS UPON EXERCISE OF POWER OF THE SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY This Agreement is entered into under the provisions of Government Code section 6500 et.seq. 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. 15 13. FUNDS, AUDIT 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 for the credit of the Agency; 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 and of the amount of receipts and disbursements since the prior report. Said reports shall be made available to contracting parties to 16 this Agreement upon request. E. The functions of auditor shall be performed for the Agency by the Director of the Department of Finance of Santa Clara County. The Director 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. The 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 the County Internal Audit Division or 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. 14. DISPOSITION OF AGENCY FUNDS UPON TERMINATION A. In the event of termination of the Agency where there is a successor public entity which will carry on the activities of the Agency and assume its obligations, Agency funds, including any interest 17 earned on deposits, remaining upon termination of the Agency and after payment of all obligations shall be transferred to the successor public entity. B. If there is no successor public entity which would carry on any of the activities of the Agency or assume any of its obligations, Agency funds, including any interest earned on deposits, remaining upon termination of the Agency and after payment of all obligations, shall be returned in proportion to the contribution of each local jurisdiction during the term of this Agreement. C. If there is a successor public Agency which would undertake some of the functions of the Agency and assume some of its obligations, Agency funds, including any interest earned on deposits, remaining upon termination of the Agency and after payment of all obligations, shall be allocated by the Agency Board between the successor public entity and Member Agencies. In the event that the Agency is terminated under circumstances falling within (b) or (c) above, all decisions of the Agency Board with regard to determinations of amounts to be transferred to 18 member agencies or any successor shall be final. 15. PROCEDURE FOR BECOMING A MEMBER OF THE SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY All of the Member Agency signatories to this Agreement shall be members of the Agency.. Failure to become a signatory to this Agreement 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. Cities incorporated after the effective date of this Agreement may become members of the Agency and have representation to the Agency Board by becoming signatories to this Agreement. 16. WITHDRAWAL AND TERMINATION OF MEMBERSHIP A City may elect to withdraw from the CM Agency 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 provided. Withdrawal of membership from the CM Agency automatically constitutes non-conformance with the requirements of the CMP. The Governing Board shall notify the State Controller of the withdrawing City's non-conformance. 19 The membership of any Member Agency which ceases to have powers in common with the contracting parties to this Agreement shall terminate upon the occurrence of the requisite events as specified in this section. 17. SPECIAL PROVISIONS The Member Agency signatories to this Agreement are desirous of levying a fee for the purpose of defraying the cost of preparing, maintaining, administering and enforcing the Congestion Management Program. Therefore, by their signatures hereon, the Member Agencies delegate to the Agency the power to levy such a fee for the purpose of defraying the cost of preparing, maintaining, administering and enforcing the Congestion Management Program and other duties of the Agency as specified in this Agreement. It is presumed that such fees will be paid 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. Failure to provide its share of the'adopted fee to the Agency shall be deemed to constitute non-conformance with the requirements of the Congestion Management Program for the affected Member Agency. The Agency 20 shall notify the State Controller of the Member Agency's non-conformance. 18. 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. 19. 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 CITY OF CUPERTINO By By Date Date 21 CITY OF GILROY By Date TOWN OF LOS ALTOS HILLS CITY OF LOS ALTOS BY TOWN OF LOS GATOS By By Date Date Date CITY OF MILPITAS CITY OF MONTE SERENO By By Date Date 22 CITY OF MORGAN HILL By CITY OF PALO ALTO Date CITY OF MOUNTAIN VIEW By CITY OF SAN JOSE Date By By Date Date CITY OF SANTA CLARA CITY OF SARATOGA By By Date Date 23 CITY OF SUNNYVALE COUNTY OF SANTA CLARA By By Date Date COUNTY OF SANTA CLARA TRANSIT DISTRICT By Date 24 MEMORANDUM To: From. COUNCIL INFORMATION I�31 191 West Valley City CMP Representatives l tjDonald C. Wimberly Public Works Director CMP Study Sessions Subject: Date: c- y. . _ . Ti- P.: .. CITY OF CAMPBELL January 17, 1991 West Valley Cities Congestion Management Agency (CMA) Representative John Ashworth and CMA Executive Director Mike Evanhoe have offered to facilitate study sessions for West Valley City Councilmembers on a variety of congestion management topics. Such sessions would seem important to all elected officials given the newness, technical and political complexity and potential impact of this new program. Understanding this program is a challenge for those directly involved, so a special effort to provide information to others seems warranted. This offer was made to those attending the January 16, 1991, West Valley Mayors/Managers meeting. The first such session has been suggested for Mon., Tues., or Wed., March 25, 26, or 27 at the Campbell Council Chambers. Possible topics include: 1) The Commuter Network; what it is, does and might be. 2) CMP as it relates to local land use control. 3) What is the goal of the Santa Clara County CMA. 4) CMP Tools: Modeling, Thresholds, Level of Service, The System Annual and Project Review. The CMA staff and City staff members involved in CMP will present the materials. The fourth week of the month, as proposed, is a week during which CMA staff can be available to staff the session. I am requesting you determine interest by your City Council in such study sessions, the priorities of the topics listed above and any other suggested topics and date preferences. Please bring your response to our West Valley Cities Staff CMP coordination meeting on Wednesday, February 6, if possible. DCM:mw h:cmpstudy CC: John Ashworth Joanne Benjamin Mike Evanhoe City Managers of Campbell, Cupertino, Los Gatos, Monte Sereno, Saratoga File ATTACHMENT February 4, 1991 Los Gatos, California EARTHQUAKE DISASTER/ASSISTANCE FUND/APPLICATION/RESOLUTION 1991-18 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991-18 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER OR FINANCE MANAGER TO APPLY FOR A LOAN FROM THE EARTHOUAKE DISASTER REVENUE STABILIZATION ASSISTANCE FUND (SB 30X), which enables Los Gatos to borrow up to $177,583.46. Carried by a vote of 4 ayes. Mayor Ventura absent. WEEDS/PUBLIC NUISANCE/RESOLUTION 1991-19 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991-19 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT, and setting March 4, 1991 as a public hearing date on this annual program. Carried by a vote of 4 ayes. Mayor Ventura absent. EARTHQUAKE/POLICY AND PROCEDURE/STATE AGREEMENT/RESOLUTION 1991-20 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991-20 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AGREEMENT TO ENTER INTO A CONTRACT WITH THE STATE OF CALIFORNIA SEISMIC SAFETY COMMISSION, and to have the Earthquake Seismic Commission convene one more time to contribute their analysis of the agreement. Carried by a vote of 4 ayes. Mayor Ventura absent. CONGESTION MANAGEMENT/JOINT POWERS AGREEMENT/STUDY SESSION Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council respond to the Congestion Management Agency suggestion that we do not have any suggested changes to the draft Joint Powers Agreement, and that Council set March 26 or 27, 1991, as the recommended date for a joint study session of the Councils of the five West Valley cities. Carried by a vote of 4 ayes. Mayor Ventura absent. TOP OF THE HILL 15308/DASHIELL/PROPANE TANK LOCATION/FIRE DISTRICT APPEAL RESOLUTION 1991-21 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1991-21 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING THE APPEAL OF THE CENTRAL FIRE DISTRICT DECISION TO NOT ALLOW A PROPANE GAS TANK TO BE LOCATED WITHIN TEN FEET OF THE PROPERTY LINE, (15308 Top of the Hill Road - Property Owner, Mr. and Mrs. Thomas L. Dashiell) which incorporates the Council findings and decision at its meeting of January 22, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. POSTING TOWN NOTICES/THREE OFFICLAL LOCATIONS/ORDINANCE 1840 Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Ordinance 1840 entitled, ORDINANCE OF THE TOWN OF LOS GATOS ESTABLISHING THREE OFFICIAL DESIGNATIONS FOR POSTING PUBLIC NOTICES AND IDENTIFYING THOSE PLACES AS THE TOWN HALL BULLETIN BOARD. THE FIESTA WAY KIOSK AND THE MAIN POST OFFICE ON MONTEBELLO WAY, which was introduced at the Town council meeting of January 22, 1991. Carried by a vote of 4 ayes. Mayor Ventura absent. TC: D1: MM020491 3