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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 1. L.A2 /WOW:860 -Sant3 CLara Resotut:on ORAFT OF 05/06/92 WWA 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 3. LA2/WDV:860 -Santa Ctara Resolution DRAFT OF 05/08/92 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. 4. LA2 /a0w:860 -5anta Clara ResaWtlon 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. LA2 /WDW:860 -Santa Clare Resatution DRAFT OF 05/08/92 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. 6. LA2 /WDW :860 -Santa Clara Resolution DRAFT OF 05/08/42 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. 7. LA2 /WDW:860 -Santa Clara Resolution DRAFT OF 05/08/92 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 LA2 /W0W ;860 -5ant3 Ctars Resolution DRAFT OF 05/08/92 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 9. LA2 /WOW:860 -Santa Clara Resolution DRAFT OF 05/08/92 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). 10. LA2 /408:800 -S4nta Clara Resolution DRAFT OF 05/08/92 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