1992-097-Supporting Creation Of A Santa Clara County Local Transportation AuthorityRESOLUTION 1992 - 97
RESOLUTION OF THE TOWN OF LOS GATOS
SUPPORTING CREATION OF A SANTA CLARA COUNTY
LOCAL TRANSPORTATION AUTHORITY
WHEREAS, the Traffic Authority and its funding source will terminate in 1997
and 1995, respectively; and
WHEREAS, extension of the tax will permit extension of the Vasona Light Rail
System from downtown San Jose, through Campbell, to Los Gatos providing Town residents
a more environmentally sensitive alternative to the automobile; and
WHEREAS, creating a Santa Clara County Local Transportation Authority is
a necessary initial step to providing the Vasona Light Rail System; and
WHEREAS, the voters of Santa Clara County will have an opportunity to decide
whether or not the tax will be extended.
NOW, THEREFORE, BE IT RESOLVED that this Town Council supports the
attached proposed County resolution (Exhibit A) necessary to establish a Santa Clara
County Local Transportation Authority and approves the expenditure plan attached as
Exhibit B.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 18th day of May, 1992 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Brent N. Ventura
NAYES: Randy Attaway, Mayor Eric D. Carlson
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
{
CLERK OF THE TOWN Ol "10S GATOS
LOS GATOS, CALIFORNIA
COUNTY OF SANTA CLARua
RESOLUTICN NO.
PREAMBLE
A. Since 1985 there has existed in Santa Clara County
the Santa Clara County Traffic Authority, authorized and organized
under Division 13 of the Public Utilities Code. The Traffic
Authority levies a 1/2 of 1% retail transactions and use tax,
which tax will terminate as of April 1., 1995 pursuant to Public
Utilities Code section 140251. The Traffic Authority has never
been authorized to levy a property tax.
B. The Traffic Authority will terminate on April 1,
1997, pursuant to Public Utilities Code section 140006.
C. The Traffic Authority serves an integral role in
financing highway capital improvements within the county to serve
State, regional, intercounty, and intraccunty transportation
needs. The scheduled termination of the Traffic Authority and of
the sales tax which the Traffic Authority lavi ®s will sliminata an
important means for fulfilling such needs.
D. Because the termination of the Traffic Authority's
sales tax will eliminato an assured, continuing source of revenue,
Santa Clara County henceforth will not be eligible for otherwise
available State and Federal funding for transportation projects,
which funding is contingent upon assured sources of matching local
funds. By way of example of the significant losses in State and
Federal revenue which will be incurred if there are no matching
local funds, Lhe County will become ineligible in fiscal year
1992 -1993 for an estimated $232 million in available matching
Federal funds, and $116 million in matching State funds, which are
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to be allocated u_ring that fiscal year. Sut— losses will continue
to be incurred within the County if there is not a substitute for
the Traffic Authority's sales tax.
E. The loss of local, State and Federal revenues would
result in significant adverse, economic and environmental impacts
since transportation facilities and services to meet existing and
future needs will not be able to be provided.
F. To avoid such adverso conscquance,s, a coalition of
county civic, business, labor and environmental organizations
drafted and submitted the proposal for this Resolution to the
County and other affoctod local jurisdictions az a means of
providing a mechanism to fund specific transportation facilities
and services within the County upon the expiration of the existing
sales tax and to continuo local eligibility for State and Federal
funds.
G. Pursuant to California Public Utilities Code section
180050, the Santa Clara County Board of Supervisors may create a
transportation authority to carry out the provisions of Division
19 (commencing with Section 180000) of the Public Utilities Code
(the "AuL11Ot'iLy ").
H. The citizens coalition also proposed and developed
the County Transportation improvement and Expenditure Plan
appended hereto ( "Expenditure Pldn "), in consultation with local,
county and regional transportation agencies. The Expenditure Plan
identifies transportation projects to serve local, county and
regional transportation needs. The Expendiiture Plan has been
submitted to the County and other requisite local entities for
consideration and adoption pursuant to California Public Utilities
2.
Lk2/U% CLara Resolution
dd'F
Code section 18,,L05, which requires that th Expenditure Plan, be
approved by the Board of Supervisors and the city councils
representing both a majority of the cities in the County and a
majority of the population residing in the incorporated areas of
the County, and adopted by the Authority, before being prasantad
to the electors.
I. The Expenditure Plan provides for specified
transportation facilities and services to be funded, in part, by a
retail transaction and use tax of one -half (1/2) of one percent
(1%) . This tax will take effect only when the existing retail
transaction and use tax of the same amount now imposed by the
Traffic Authority terminates. Also, the tax will take effect only
if approved by a majority of the voters voting on the tax proposal.
J. As a consequence of the Supreme Court decision in
Rider v. County of San Diego, 1 Cal.4th 1, a question exists as to
the authority of local transportation authorities formed pursuant
to Division 19 of the Public Utilities Code to levy retail
transactions and use taxes approved by only a majority of voters.
The Rider decision held that local public entities formed after
1978 which lack the authoriLy Lv levy property taxes might ar
might not constitute special districts for purposes of California
Constitution Article XIIIA, section 4, depending upon the factual
circumstances of the case.
K. It is in the best interests of the residents of
Santa Clara County and of other counties in the region that the
transportation projects addressed in the Expenditure Plan be
implemented, and that there be continuity in the available sources
of funding for such projects in order to prevent the irretrievable
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loss of available Federal and State matching funds. The intent of
the resolution is to establish an authority to carry on the work
of the Traffic Authority after its termination and to undertake
other transportation projects, and in recognition of the
constraint which Rider v. County of San DiorTn has placed on the
ability of local governmental entities to levy taxes for specific
purposes.
NOW, THEREFORE, be it resolvod that:
SECTION 1. CREATION OF LOCAL TRANSPORTATION AUTHORITY.
1.1 There is hereby created the Santa Clara County Local
Transportation Authority ( "Authority") pursuant to Public
Utilities Code section 180050.
SECTION 2. COMPOSITION OF THE AUTHORITY
2.1 The Authority shall consist of fi.vP (5) voting
members as follows:
2.1.1 One member of the Santa Clara County Board of
supervitsors appointed by that board.
2.1.2 Two members representing the City of San Jose
consisting of the mayor thereof and a member of the San Jose City
Council appointed by the council.
2.1.3 Two members representing the other cities in
the county appointed pursuant to section 2.2.
2.2 The members representing the other eitioo in the
county shall be appointed in the following manner:
2.2.1 The cities shall be divided into two zones,
the north zone and the south zone.
2.2.2 The north zone shall include the Cities of
Los Altos, Los Altos Hills, Milpitas, Mountain View, Palo Alto,
Santa Clara, and Sunnyvale.
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2.z.3 The south zone shall include the Cities of
Campbell, Cupertino, Gilroy, Los Gatos, Monte Sersno, Morgan Hill,
and Saratoga.
2.2.4 The mayors from the cities in each zone, by
majority vote, shall appoint one mayor or council m®mber from
their respective zone to serve on the Authority.
2.3 There shall also be five nonvoting members of the
Authority, each of whom shall have all the rights of a voting
member except the right to vote, as follows:
2.3.1 One member appointed by the Santa Clara
County Transit District which is organised under Part 12 of
Division 10 of the Public Utilities Code.
2.3.2 One member appointed by the Metropolitan
Transportation Commission which is organized under Title 7.1 of
the Government Code.
2.3.3 One member appointed by the Peninsula hail
JvinL Powers Hoard which is organized under Division 16 of the
Public Utilities Code.
2.3.4 One member appointed by the Congestion
Management Agency designaLeci under Chanter 2.6 of Division 1 of
Title 7 of the Government Code.
2.3.5 One member appointed by the Department of
Transportation.
2.4 An alternate may be designated for each voting
member of the Authority. The mayor of San Jose may designate a
person to serve as his or her alternate. in the case of any other
voting member, the appointing local government(s) may designate an
alternate to the regular appointed member. The alternates term
5.
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of office shall be the same as that of the regular member. When
the regular member is not present at the meeting of the Authority,
the alternate may act as the regular member and shall have all the
rights, privileges, and responsibilities of the regular member.
2.5 if any voting member ceases to be an elected
official, that member shall cease to be a member of the Authority.
SECTION 3. TERM OF OFFICE
3.1 Except as provided in eaction 3.2 and except for the
mayor of San Jose who shall be a member so long as occupying the
office of mayor, the voting members of the Authority shall serve
rvr a term of two years.
3.2 At the first meeting of the Authority, three of the
voting members shall be selected by lot to serve terms consisting
of Lhe remaining months Of the current calendar year, if any, plus
two years, and the remaining two voting members shall be selected
by lot to serve a term consisting of the remaining months of the
current calendar year, if any, plus three years. Thereafter,
appointments for all members shall be for two year terms,
beginning on January 1.
SECTION 4. poWERS AND DUTIES
4.1 The Authority shall adopt rules for its proceedings
consistent with the law of the State.
4.2 A majority of the voting members of the Authority
shall constitute a quorum for the transaction of business, and all
official acts of the Authority shall require the affirmative vote
of a majority of voting members, unless otherwise provided by
law. The Authority may transact business even though non - voting
members may be absent or not appointed.
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4.3 The acts of the Authority shall be expressed by
motion, resolution, or ordinancc.
4.4 All meetings of the Authority shall be conducted
pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of
Division 2 of Title 5 of tho Government Code.
4.5 The Authority shall do all of the following:
4.5.1 Determine the use of the revenues in
conformance with the adopted Expenditure Plan.
employees.
4.5.2 Adopt an annual budget.
4.5.3 Fix the compensation of its officers and
4.5.4 Adopt an administrative code, by ordinance,
which prescribes the powers and duties of the Authority's
ofllcers, the method of appointment of the Authority's employoes,
and methods, procedures, and systems of operation and management
of the Authority.,
4.5.5 Prepare and adopt an annual report by January
1 of each year on the progress in completing or administering the
projects and services identified in the E°.nenditure Plan.
4.5.6 Cause au independent postaudit of the
financial transactions and records of the Authority to be made at
least annually by a certified public accountant, to ensure that
expenditures by the Authority are necessary and red5011able in
carrying out the Authority's responsibilities under this
Resolution, and in conformance to the Expenditure Plan.
4.6 The Authority may do any and all things permiLLed by
Division 19 of the Public Utilities Code, or necessary to carry
out the purposes of the Authority.
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4.7 Notice of the time and place of the public hear_._.
^.g
for the adoption of the annual budget rhall be published pursuant
to section 6462 of the Government Code, and shall be published not
later than the 15th day prior to the date of the hearing.
4.8 The proposed annual budget shall be availabla for
public inspection at least 15 days prior to the hearing.
4.9 The Authority shall consult with, and coordinate its
actions to secure funding for the projects specified in the
Expenditure Plan, with the cities in the county, the Santa Clara
County Board of Supervisors, the Santa Clara County Transit
District, the Peninsula Joint Powers Board, the Metropolitan
Transportation Commission, the congestion Management Agency, and
the Department of Transportation, for the purpose of integrating
the projects with the transportation improvement plans and
oneraticns of other transportation agencies impacting the county.
4.10 The Authority may make contracts and enter into
stipulatiozs uL azzy nature whatsoever, either in connection with
eminent domain proceedings or otherwise, including, but not
limited 'to, contracts and stipulations to indemnify and hold
harmless, to employ labur, and Lo do all ac LS necessary and
convenient for the full exercise of the powers granted in this
division.
4.11 The Authority may hire an independent staff of its
own or may contract with any department or agency of the United
States, with any public agency, including, but not limited to, the
Department of Transportation, any county, city, or district, or
with any person or a private entity upon any terms and conditions
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that the authori finds in its best intarez for the procurement
of engineering, project management, and contract management
services; however, the Authority shall rely, to the extent
Possible, on existing State, regional and local transportation
planning and programming data and local expertise, rather than
on duplicative staffing, planning, and programming efforts.
4.12 Contracts for the purchase of services, supplies,
equipment, and materials in excess of ton thousand dollars
($10,000) shall be awarded to the lowest responsible bidder after
competitive bidding, except in an emergency declared by the
Authority or by an executive cemmittae to which the Authority has
delegated responsibility to make that declaration.
4.13 If, after rejecting bids received, the Authority
determines and declares that, in i *_s opinion, the services,
supplies, equipment, or materials may be purchased at a lower
price on the open market, the authority may proceed to purchase
these services, bupolies, equipment, or materials in the open
market without further observance of the provisions regarding
contracts, bids, or advertisements.
SECTION 5. TZILMINATION OF AUTHORITY.
5.1 The Authority shall terminate as of November 4, 1992
if a retail transactions and use tax measure submitted for voter
approval at the election to be held on NovemLber 3, 1992, should
fail to receive a majority vote of the electors voting thereon.
5.2 The Authority shall close its affairs and be
terminated on the later date of (a) two years after the Authority
is no longer authorized to levy a retail transactions and use tax
approved by the voters, or (b) within 180 days after the
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Completion of the capital projects listed in Lie E:pendi =u_e Pia=,
as such plan may be amanded from t nG to time, and upon rat ramRnt
of all the bonds authorized to be issued by the Authority.
SECTION 6. APPROVAL OF EXPENDITURE PLAN.
6.1 The Expenditure Plan is hereby approved pursuant to
Public utilities Code section 180206 (b).
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EXPENDITURE PLAN
PROPOSED AND DEVELOPED BY THE
CITIZENS COALITION FOR TRAFFIC RELIEF
The expenditure plan consists of three transportation
elements: rail transit, express bus transit, and highways.
The specific projects have been selected for their ability to
alleviate traffic congestion, improve air quality, and
attract regional, state and federal funds to maximize the
buying power of local dollars.
Each project in the plan is beneficial on its own merits, but
is further enhanced as a portion of the overall system of
transit and transportation improvements to keep Santa Clara
County residents, and workforce, moving.
The specific projects are as follows:
RAIL TRANSIT ELEMENT
1. TASMAN LIGHT RAIL EXTENSION
Description: Will Extend the current light rail system 12
miles from Milpitas to Mountain View, parallel to Highway
237.
Cost: $306 million for capital, operation and maintenance.
2. FREMONT - SOUTH BAY CORRIDOR
Description: Will build a new rail extension in Santa
Clara County to connect with BART in Alameda County.
Cost: $99 million for capital, operation and maintenance.
3. CALTRAIN COMMUTER RAIL (DOWNTOWN SAN JOSE NORTH)
Description: Increase Cal -Train rail service by 65
percent, from 60 to 100 trains per day, from downtown San
Jose to San Francisco. This includes station improvements
and electrification of the line.
Cost: $146 million for capital, operation and maintenance.
4. CALTRAIN COMMUTER RAIL (DOWNTOWN SAN JOSE SOUTH)
Description: Increase planned frequency of service, from 8
to 16 trains per day, on the Cal -Train rail line from
downtown San Jose to Morgan Hill and Gilroy.
Cost: $37 million for capital, operation and maintenance.
EXHIBIT B
S. VASONA LIGHT RAIL EXTENSION
Description: Extend the current light rail line 6 miles,
from downtown San Jose, through Campbell, to Los Gatos.
Cost: $165 million for capital, operation and maintenance.
6. CAPITOL - DOWNTOWN EVERGREEN RAIL EXTENSION
Description: This would connect to the Tasman Light Rail
extension at Hostetter Road In Milpitas \North San Jose,
and extend rail 14 miles through East San Jose and
Evergreen, and then on to downtown San Jose.
Cost: $238 million for capital, operation and maintenance.
7. STEVENS CREEK RAIL EXTENSION
Description: This 9 mile rail line would run from downtown
San Jose, through Santa Clara, to Cupertino, on or near
Stevens Creek Boulevard.
Cost: $260 million for capital, operation and maintenance.
8. SUNNYVALE - CUPERTINO RAIL EXTENSION
Description: This 4.5 mile line would connect with the
Tasman light rail line near Highway 237 and Lockheed,
proceed through Downtown Sunnyvale and on to Cupertino.
Cost: $140 million for capital, operation and maintenance.
9. ALMADEN UPGRADE - DOUBLE TRACK
Description: This will doubletrack the 1 mile Almaden
branch of the existing Guadalupe light rail line.
Cost: $1 million for capital construction.
MASS BUS TRANSIT ELEMENT
1. "SUPER EXPRESS" COMMUTER BUS SERVICE
Description: This will add 30 new
routes to the "Super Express" bus
directly from neighborhoods throui
employment centers during commute
competitive with the automobile.
shall include the following major
buses and several new
system. These buses go
ahout the County to major
hours, and are time
New routes to be served
employment areas:
1. Stanford Park (Palo Alto): Which includes Syntex,
Alza, Hewlett Packard, IBM, Varian, Watkins Johnson,
Xerox, and others.
2. Moffett (Sunnyvale): which includes ESL, Martin
1
Marietta, Lockheed, and others.
3. Great America (Santa Clara): Which includes Intel,
Synoptics, Advanced Micro Devices, Siemens, Northern
Telecom and others.
4. Vallco \De Anza (Cupertino): which includes Hewlett
Packard, Apple, Tandem, Measurex and others.
5. Shoreline (Mt. View): which includes Silicon Graphics,
Alza, Sun Microsystems, Hewlett Packard and others.
Cost: $54 million for capital, operation and maintenance.
2. TRANSIT SERVICE FOR DISABLED SENIORS AND TRANSIT DEPENDENT
Description: This service will provide transit for
disabled and handicapped citizens, as called for in the
"Americans with Disabilities Act."
Cost: $217 million
HIGHWAY ELEMENT
1. MEASURE A ENHANCEMENTS
Description: Enhancements to the "Measure All system's
strategic plan.
1. Improve the interchange at Highway 237 \880
in Milpitas.
Cost: $76.9 million for capital construction.
2. Improve the interchange at Highway 85 \101
in Mt. View.
Cost: $23.5 million for capital construction.
3. Build interchanges on Highway 237 at Maude and
Middlefield Roads in Sunnyvale and Mt. View.
Cost: $14.9 million for capital construction.
4. Improve the interchange at Highway 85 \87
in So. San Jose.
Cost: $13 million for capital construction.
5. Improve the interchange at Highway 85 \101
in So. S.J.
Cost: $13 million for capital construction.
6. widen Highway 85 between Highway 237 and 101 In Mt.
View.
Cost: $3.3 million for capital construction.
7. Build a partial interchange at Highway 237 and
Lafayette Street in Santa Clara.
Cost: $2.5 million for capital construction.
8. Engineering Costs and Right -of -Way reimbursement to
local jurisdictions.
Cost: $41.5 million.
2. SIGNAL SYNCHRONIZATION
Description: Synchronization and continuous monitoring
of the traffic signals on all eight of the County's major
expressways, using video surveillance from a traffic
operations control center: Foothill, Central, Lawrence,
San Tomas, Montague, Capitol, Almaden, and Oregon. This
allows signal timing to be adjusted to minimize congestion
during peak traffic hours.
Cost: $13 million for capital, operation and maintenance.
3. HIGHWAY 87 (GUADALUPE PARKWAY)
Description: Upgrading Route 87, the Guadalupe Parkway,
from a surface street to a freeway, between downtown San
Jose and Highway 101, by removing 4 stoplights and
building a new access road to the San Jose International
Airport.
Cost: $26 million for capital construction.
4. HIGHWAY 101 (BERNAL ROAD TO COCHRANE ROAD)
Description: Currently, Highway 101 has 4 lanes of
traffic, each way, from the San Mateo County line until
South San Jose at Bernal Road, near IBM. Eight miles
south, at Cochrane Road in Morgan Hill, Highway 101
becomes 3 lanes each way. In between Bernal Road and
Cochrane, however, Highway 101 is two lanes each way.
This will add one lane of traffic, each way, over the 8
mile stretch.
Cost: $15 million for capital construction.
Please note: Costs sited for all projects are based on 1992
dollars. Amounts listed are the local share necessary to
leverage regional, state and federal funds. Cost estimates,
adjusted for inflation for actual construction year dollars
over the life of the program, have been reviewed to ensure
that project capital, operation and maintenance costs are
accurate. Special emphasis has been placed on developing a
project list which would be completely built during the life
of the program with projected local, regional, state and
federal revenue.
Several steps have been taken to ensure project delivery.
These steps include:
1. A conservative estimate of sales tax revenue. "Measure All
estimated an annual increase in
percent. This program is built
of 4.7 percent, which is in -line
projected revenue growth.
sales tax revenue of 8
on a conservative estimate
with current and
2. To ensure project delivery, the dollar figures for
capital construction are based on a conservative estimate
of project costs.
3. The program's intent is to build on a "Pay As You Go"
basis. Debt service on bonds can decrease purchasing
power by as much as 25 percent. Therefore, it is the
stated intent of this program to only bond for projects as
needed to maximize state and federal dollars, as they
become available.
4. Each project has been selected, in part, on its ability to
successfully compete for state and federal matching funds
to maximize the buying power of local dollars. The
anticipated amount of state and federal matching funds
built into the Expenditure Plan has been kept at a
conservative level, to ensure the project list will be
delivered during the life of the program.
file:explan.myc