CC Resolution No. 8129
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RESOWl'ION NO, 8129
A RESOWl'ION OF '!HE CITY CXXJNCIL OF '!HE CITY OF aJPERI'INO
SUProR:I:1NG '!HE FORMATION OF A CXJNGFSTION MANAGEMENT PIANNING
AGENCY FOR SANTA ClARA CXXJNI'Y AND 1IGREEING 'ro PARrICIPATE
IN SAID AGENCY
WHEREAS, the state of California enacted into law AB 471 (Katz),
Chapter 106, July 10, 1989, and SB 300 (Kcpp), Chapter 105, July 10, 1989,
and AB 1791 (Katz), Chapter 16, March 12, 1990, which, \JPOI1 the passage of
Proposition 111 on JUne 5, 1990, requixes the developnent, adoption,
Ì1Tq:>lementation and enforcement of a CCIlmty-wide CoIxJestion Management Plan
and the designation of an overseeiIg CoIxJestion Mana<, =-Jt Plannin;J 1Iqercy
for the development of a long-term, c::anprehensive transportation program;
and
WHEREAS, eligibility for over $600 million in transportation funding
for Santa Clara County and its cities is depen:ient on passage of
Proposition 111 and the designation of a eon;;estion Management Plannin;J
1Iqercy, and conformance to a Con;Jestion Management Plan; and
WHEREAS, in order to meet the requirements of the state legislation
and to be eligible for new transportation funding, the Cities and the
County have expressed an interest in creating a CMP 1Iqercj' if the
California voters approve Proposition 111; and
WHEREAS, the cities and the County have reviewed, discussed and worked
cooperatively with a broad-based consensus to develop a proposal for the
creation of a CMP 1Iqercj';
NCM, THEREFORE, BE IT RESOLVED that the City of OJpertino agrees to
participate in the eon;;estion Management Plannin;J 1Iqercy as set forth in
Attaclunent A, \JPOI1 the passage of Proposition 111.
PASSED AND ADOPl'ED at a
City of OJpertino this 7Th
following vote:
regular meeting of the City Council of the
day of MRY 1990, by the
vote
AYES:
Members of the city Council
NOFS:
ABSENT:
ABSI'AlN:
Goldman, Sorensen, Szabo, Rogers
None
Koppel
None
ATI'EST:
APPROVED:
/s/ Roberta A. Wolfe
Deputy City Clerk
is/ BarbRYR A RngPY~
Mayor, City of OJpertino
A UNITED PROPOSAL FOR A
CONGESTION MANAGEMENT PLANNING AGENCY
FOR SANTA CLARA COUNTY
As of April 17, 1990
INTRODUCTION
The purpose of the Congestion Management Planning (CMP) Agency
is to coordinate transportation and related land use planning in
Santa Clara County. The requirement for a CMP Agency is based
on a provision in recent state legislation AB 471 (Katz) as
amended that is enacted if the voters approve proposition 111 in
the election of June 5, 1990,
In order to receive local share of the new gas tax revenues, AB
471 requires that each urbanized county and its Member Cities
develop a Congestion Management Plan and establish an agency to
monitor conformance with the plan.
The Santa Clara County CMP Agency will use the general plans of
the cities and the County to establish a county-wide data base.
In addition the CMP agency will use, where applicable, the
programs and policies of the Traffic Authority, T2000 and the
Golden Triangle Task Force. The Congestion Management plan will
be updated annually and the CMP Agency will annually monitor the
County and cities for conformance with the plan.
The composition and structure of the proposed governing board
satisfies the legal requirement of "one person- one vote," and
the mandates of both AB 471 and the Clean Air Act.
The California Clean Air Act of 1988 requires the Bay Area Air
Quality Management District (BAAQMD) to adopt Transportation
Control Measures (TCMS) to reduce emissions from motor vehicles,
Santa Clara County's local responses to the Clean Air Act
requirements could also be coordinated through the CMP Agency.
Members of the Transportation Commission Executive Committee and
the Golden Triangle Task Force expressed the position that
should the voters fail to pass proposition lll, Santa Clara
County and its member cities will re-evaluate the proposal to
form a CMP Agency.
SECTION 1. PREAMBLE
The Congestion Management Planning (CMP) Agency has been created
to coordinate transportation and related land use planning in
Santa Clara County.
The CMP Agency will be responsible for updating the CMP annually
and monitoring the County's and cities' conformance with the
plan, working with the cities/county staff.
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The Santa Clara County CMP Agency will use the general plans of
the cities and the County to establish a county-wide plan. In
addition, the CMP Agency will coordinate with the established
programs, policies and regulations of local, regional and state
transportation and air quality agencies.
SECTION 2. PURPOSE
l. Coordinate transportation and related land use planning
within Santa Clara county,
2. Implement the requirements of AB 47l and AB 179l (Katz) and
subsequent state legislation to create a Congestion
Management plan and establish a Congestion Management
Planning Agency for Santa Clara County and its member
cities.
3. Use where applicable the programs and policies of the
County's and Cities' General Plans, Golden Triangle Task
Force, T2000, and the Traffic Authority's strategic plan as
elements in the Congestion Management Plan.
4. It is a goal of the CMP 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.
SECTION 3. FUNCTIONS AND RESPONSIBILITIES
1. Review the general plans of Santa Clara County and
its cities and the work of T2000 and the Golden Triangle
Task Force in order to develop a CMP and a county-wide data
base.
2. Develop and implement programs and policies for the
coordination of transportation and related land use
management.
3. Institute a program to analyze impacts of land use decisions
made by local jurisdictions on county-wide, regional, and
interregional transportation systems, and air quality.
4. Establish traffic level of service (LOS) standards.
a. Define/update a county-wide roadway network (major
arterials, expressways, freeways).
b. Establish LOS on that network.
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5. Adopt deficiency plans as required in AB l791
(Katz) which identify deficient segments or intersections
that do not meet the established LOS standards.
6. Define county-wide transit routing and frequency standards.
7. Develop and update an overall Congestion Management plan for
the County, including completion of T2000. The
transportation plan must have a policy statement, an action
element, and a financial element as set forth in state law.
8. Establish a process of notification for projects that impact
other member cities, the county, and the designated CMP
transportation system.
9. Establish a process and criteria to review development
projects.
lO. Develop a rolling seven-year transportation improvement
program for the county that includes completion of all
Measure A and T2000 projects.
ll. Formulate county-wide Transportation Demand Management (TDM)
programs and implementation strategies, utilizing elements
of the existing City of Santa Clara and Golden Triangle
Ordinances and the Golden Triangle Commuter Network as a
starting point.
12. Monitor the implementation of all elements of the congestion
Management Program and make findings as to nonconformance by
any city or the County, as set forth in AB 47l and AB 1791
and any amendments thereto or any additions to state law
that affect CMP agencies.
13. Coordinate transportation and land use planning with
contiguous counties.
14. Coordinate the county-wide response to:
a. The Clean Air Act and Transportation Control Measures
of MTC and BAAQMD.
b. The California Transportation Commission and Caltrans
for Flexible congestion Relief and TSM funds.
c. MTC guidelines for County Transportation plans (AB
3705), RTIP, and STIP.
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SECTION 4. COMPOSITION/STRUCTURE
1. The composition of the 12 member Agency Governing Board is
as follows: Five members from the City of San Jose; five
members from the other Cities; one member from the Board of
Supervisors; and one member from the Transit District Board.
See attached chart.
2. Members are appointed for a two-year term. Terms will be
staggered according to a schedule determined by the Agency
Governing Board,
3. Cities that share a vote(s) will determine the selection
method for their representative(s).
4. Cities that share a vote(s) may establish a system of
rotation for their representative(s).
5. Each City and County grouping shall have one designated
alternate member who will regularly attend Governing Board
meetings and have the power to cast a vote if a regular
member is absent.
SECTION 5. RULES OF CONDUCT
l. The Governing Board shall adopt guidelines and procedures
related to the finding of nonconformance with the County
CMP. Upon a thorough review of the findings, 7 votes of the
Board are required to make a finding of nonconformance.
2. Amendments to the governing charter of the CMP Agency shall
be made upon the approval of the County Board of supervisors
and the majority of cities with a majority of the
population,
3. A City may elect to withdraw from the CMP Agency by giving
90 days written notice to the Governing Board, withdrawal
of membership from the CMP Agency automatically constitutes
nonconformance with the requirements of the CMP. The
Governing Board shall notify the State Controller of the
withdrawing City's nonconformance.
SECTION 6. ADVISORY COMMITTEES
l. 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 CMP
Governing Board.
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2. Technical Advisory Committee (TAC)
The TAC is to be composed of the appropriate technical staff
members from the County, cities, and the Transit District.
The vote shall be one vote per entity when a vote is
necessary
3. The Commuter Network Council
The Council shall serve as the advisory committee on the
policies governing the Commuter Network and related TDM
activities. The Council shall be composed of
representatives of the private sector and the CMP Agency
Governing Board. The CMP Agency Governing Board shall
appoint the private sector representatives to the Council.
SECTION 7. STAFFING
o The CMP Agency will have a full-time staff headed by an
Executive Director.
SECTION 8. FUNDING
o possible funding sourcs
-state Transportation Planning Funds
-state Clear Air Act Funds
-Additional fee on automobile registrations
-New gasoline tax subventions
-Other funds that may become available
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