HomeMy WebLinkAbout92-002 Congestion Management Agency, Santa Clara County 92-002 CONGESTION MANAGEMENT AGENCY,
SANTA CLARA COUNTY
•
FIRST AMENDMENT
SANTA CLARA COUNTY TRANSIT DISTRICT
CONGESTION MANAGEMENT PROGRAM
Ala 434 40% FUND TRANSFER AGREEMENT-FY 1994/95
The Agreement for the transfer of funds made available from the AB 434 Vehicle Registration
Program for FY 1994/95 between THE SANTA CLARA COUNTY TRANSIT DISTRICT
(SCCTD) and THE CITY OF CUPERTINO (SPONSOR), is amended as follows:
I. Section 2 DESCRIPTION OF PROJECT is amended to read as follows: The SCCTD has
programmed $30,000 of the funds available in the 1994/95 Santa Clara County allocation
of the AB 434 40% funds to SPONSOR to be used for the Pedestrian/Bicycle Bridge at
Calabazas Creek Project as described in the Project Summary sheet which is attached
hereto and incorporated herein.
2. All other terms. covenants and conditions of the Agreement, except as modified by this
amendment, remain in full force and effect.
In witness whereof, the parties to the Agreement have executed this amendment as of
February 14 , 1997.
CITY OF C'UPERTINO SANTA CLARA COUNTY TRANSIT
"SPO SCR"� D1Sl'RIC' `SCC ")
l
ip0N LD B OWN, City Manager PETER M. CIPOLLA, eneral Manager
s
APPROVED AS TO FORM: APPROVED AS TO FORM:
CIIARI_I-S "I-. KILIAN, City Attorney ROBERT A. WEERS. Legal Counsel
I certify that the fq tS Utll4Nl ent
is a true and mmet copy of go odgirca6
on file in the SeentM. of tip Bood of
Directors office.
(Date
Attachment A
1994/95 AB 434 40% Program
Project Summary for the i
City of Cupertino
3°
q�ft
Total of 1 Project(s)
Project#1
Project Description
Project Title: Pedestrian/Bike Bridge at Calabazas Creek
Description: The pedestrian/bike bridge project would allow a continuous bike
route to be established from one end of town to the other. the
bridge would cross Calabazas Creek at Regnart Creek between
East Estates Drive and Miller Avenue.
eject Cost
Grant Amount: $30,000
Local Match: $ 0.00
Total Cost: $30,000
JOINT POWERS AGREEMENT
FOR THE ADMINISTRATION
OF THE SANTA CLARA COUNTY
CONGESTION MANAGEMENT PROGRAM
THIS JOINT POWERS AGREEMENT (hereinafter "Agreement") dated as of
December 1, 1994, is made and entered into between each of the fifteen (15) Cities
within the County of Santa Clara, the County of Santa Clara and the Santa Clara
Countv Transit District.
RECITALS
WHEREAS, Chapter 2.6 (commencing with Section 65088) of Division 1 of Title
7 of the California Government Code provides that every county that includes an
urbanized area and every city within such county shall implement and comply with a
Congestion Management Program ("CMP") as a condition of receiving certain gas tax
funds; and
WHEREAS, on August 14, 1991, the parties to this Agreement entered into a
joint powers agreement establishing and designating the Santa Clara County
Congestion Management Agency (hereinafter "CMA") as the agency responsible for
implementing the CMP in Santa Clara County; and
WHEREAS, the August 14, 1991, joint powers agreement sei forth the powers,
functions and responsibilities by which the CMA was to prepare, adopt, update,
administer and enforce the CMP in Santa Clara County; and
WHEREAS, on March 30, 1994, Assembly Bill 1619 was enacted amending
Section 66531 of the California Government Code to vest the agency responsible for
preparing a county's CMP with preparation of that county's long-range transportation
plan; and
WHEREAS, Part 12 (commencing with Section 100000) of Division 10 of the
California Public Utilities Code authorized creation of the Santa Clara County Transit
District with the general power to acquire, construct, operate and finance transit
facilities within Santa Colara County; and
WHEREAS, in 1972 the Santa Clara County Transit District was created by the
voters of Santa Clara County pursuant to Part 12 (commencing with Section 100000)
of Division 10 of the California Public Utilities Code; and
JPA as approved by CMA Governing Board on November 3, 1994 i
WHEREAS, on July 20, 1994, Assembly Bill 2442 (Cortese) was enacted
amending certain provisions of Part 12 (commencing with Section 100000) of Division
10 of the California Public Utilities Code to allow for the assumption by the Santa Clara
County Transit District of the implementation of the CMP; and
WHEREAS, the parties to this Agreement desire to designate the Santa Clara
County Transit District as the agency responsible for implementing the CMP in Santa
Clara County; and
WHEREAS, because, of the importance and unique nature of the CMP
functions, which include evaluating competing project and funding proposals
submitted by all parties to this Agreement, the parties desire that these functions be
maintained as a discrete unit with a high degree of autonomy; and
WHEREAS, this Agreement sets forth the terms and conditions pursuant to
which the Santa Clara County Transit District will assume all the powers, functions,
and responsibilities of the CMA with regard to preparing, adopting, updating,
administering and enforcing the CMP in Santa Clara County; and
WHEREAS, with the assumption by the Santa Clara County Transit District of
the responsibility for implementing the CMP, the existing CMA will henceforth
terminate.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. DEFINITIONS.
A. "Member Agencies" or "Member Agency" shall mean collectively or individually:
(1) the County of Santa Clara; and (2) the participating cities of Santa Clara
County which have duly approved and executed this Agreement. The foregoing
agencies shall be deemed to be members of the Santa Clara County CMP,
subject to the terms of this Agreement.
B. "Transit District" shall mean the entity formed pursuant to Part 12 (commencing
with Section 100000) of Division 10 of the California Public Utilities Code
regardless of whether the Board of Directors of the entity elects to operate under
this name or a different name.
JPA as approved by CMA Governing Board on November 3, 1994 2
SECTION 2. EFFECTIVE DATE.
This Agreement shall become effective on January 1, 1995, if approved by the Santa
Clara County Board of Supervisors, a majority of the cities in Santa Clara County
representing a majority of the population in Santa Clara County and the Transit District.
SECTION 3. ASSUMPTION OF CMA FUNCTIONS BY TRANSIT GISTRiCT,
A. On the effective date of this Agreement, the Joint Powers Agreement dated
August 14, 1991, establishing and providing for the powers and duties of the
CMA shall be rescinded, and the Transit District shall assume all rights and
obligations of the CMA.
B. The assumption of the CMA functions by the Transit District shall be subject to
the following terms and conditions:
1. The powers, functions and responsibilities formerly exercised by the
CMA with regard to implementing the CMP, and such other powers,
functions and responsibilities as are set forth in this Agreement with
regard to implementing the CMP, shall become, and remain, a discrete
unit within the Transit District. This unit shall have a degree of
independence commensurate with its unique function of evaluating
competing projects and proposals submitted by Member Agencies, as
well as by other units within the Transit District. In order to maintain the
appropriate degree of independence of this unit, the unit shall be headed
by a Manager appointed by the General Manager only upon the
concurrence of the Board of Directors of the Transit District.
2. in order to promote the continued success of the CMP in Santa Clara
County, the unit responsible for implementing the CMP shall include, but
not necessarily be limited to, functions substantially comparable to these
that existed in the CMA. Specifically, the CMA unit shall include positions
and related job classifications which are appropriate to and reflect the
professional and technical needs of the land use and transportation
planning and programming functions of the CMA.
3. All employees of the CMA shall become employees of the Transit
District as provided in California Public Utilities Code Sections 100308.
4. All assets, funds obligations and liabilities of the CMA shall be transferred
to the �i,ransit District. The assets and funds transferred from the CMA
shall become, and remain part of the unit responsible for implementing the
CMP and shall not be commingled with other assets and funds of the
JPA as approved by CMA Governing Board on November 3, 1994 3
Transit District. Furthermore, the assets and funds transferred from the
CMA shall be used only for implementing the CMP.
5. The Transit District shall become the successor to all agreements
entered into between the CMA and other persons, or entities. The Transit
District shall not alter, impair, or terminate any such agreements except
as provided in such agreements.
SECTION 4. POWERS.
A. Except as otherwise provided in this Agreerent, tie Transit District shall have
a!I the powers necessary to prepare, adopt, revise, amend, administer and
enforce the provisions of the CMP in Santa Clara County and to pertorm such
other duties as are identified in this Agreement. The Transit District is hereby
authorized in its own name to perform all acts necessary or convenient for the
exercise of these powers.
B. This Agreement is entered into under the provisions of Chapter 5 (commencing
with Section 6500) of Division 7 of Title 1 of the California 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 provided by law.
SECTION 5. FUNCTIONS AND RESPONSIIBILITiES.
In implementing the CMP in Santa Clara County, the Transit District shall, subject to
the provisions of applicable law, do each of the following:
A. Review the Genera! 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 database on land-use impacts for
use in a county-wide transportation computer model. (See Section 5-H
regarding regional coordination.)
B. Develop and implement programs and policies for the coordination of
transportation and related land-use management within Santa Clara County.
C. Maintain, review and update a program to analyze impacts of land-use
decisions made by Member Agencies on the Designated CMP Roadway
System, regional, and inter-regional transportation systems, and air quality.
JPA as approved by CMA Governing Board on November 3, 1994 4
D. Maintain, review and update traffic level-of-service (LOS) standards, including:
1. Defining and updating a county-wide Designated CMP Roadway System
(including major arterials, County expressways, and State Highways); and
2. Establishing a uniform LOS standard and evaluation methodology
on that network.
E. Accept or reject Deficiency Plans in accordance with Chapter 2.6 !commencing
with Section 65088) of Division 1 of Title 7 of the California Government Code.
Deficiency Plans identify segments or intersections on the CMP Roadway
System that do not meet the LOS standards established by the CMA.
F. Establish multi-modal transportation system performance measures including
measures related to standards for 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.
H. Develop and update an overall Congestion Management Program for the
County.
I. Deve!op .and maintain a county-wAe transportation plan, as provided in
California Government Code Section 66531, as that Section may be amended,
that is consistent with the CMP and the Bay Area. Air Quality Management
District's (BAAQMD) Clean Air Plan.
I Foster early communication between Member Agencies on projects and issues
that impact other Member Agencies and the designated CMP transportation
system.
K. Maintain, review and update process of notification for development projects
that impact other Member Agencies, the County, the Transit District or the
designated CMP transportation system.
L. Develop and update a comprehensive seven-year transportation capital
improvement program for the CMP as required by California Government Code
Section 65089, as that Section may be amended.
M. Monitor the implementation of all elements of the Congestion Management
Program and, if necessary, make findings as to non-conformance by any city of
the County, as set forth in Chapter 2.6 (commencing with Section 65088) of
Division 1 of Title 7 of the California Government Code and any amendments
JPA as approved by CMA Governing Board on November 3, 1994 5
thereto or any additions to state law that affect Congestion Management
Programs and/or Congestion Management Agencies.
N. Coordinate transportation and land-use planning with contiguous counties.
O. Facilitate the county-wide response to the California Clean Air Act of 1988 and
subsequent amendments.
P. Coordinate the county-wide response with:
1. The California Transportation Commission and Caltrans for Flexible
Congestion Relief and Transportation Systems Management (TSM)
funding programs; and
2. 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.
0. Other functions and responsibilities that are necessary to implement the CMP
and that are consistent with the purposes, objectives, functions and
responsibilities described in this Agreement or are imposed by state or federal
law.
R. Other functions and responsibilities as may be added by amendments to this
Agreement pursuant to Section 15.
SECTION 6. TRANSIT DISTRICT BOARD OF DIRECTORS.
A. As provided in California Public Utilities Code Section 100060, as amended in
1994 (Chapter 254) effective on January 1, 1995, the Transit District's Board of
Directors shall consist of 12 members as follows: two (2) County Supervisors
and one (1) alternate appointed by the County Board of Supervisors; five (5) city
council members and one (1) alternate appointed by the City of San .lose; and
five (5) city council members and three (3) alternates appointed by all cities in
Santa Clara County except the City of San Jose.
1. The five (5) city council members and three (3) alternates to be appointed
as Directors by all the cities in Santa Clara County except the City of San
Jose shall be selected according to the following groupings:
JPA as approved by CMA Governing Board or. November 3, 1994 6
City-. �Duping Representajiyg_s
a. Lcs Altos 3 representatives
Los Altos Hills 1 alternate
Mountain View
Palo Alto
Santa Clara
Sunnyvale
b. Campbell 1 representative
Cupertino 1 alternate
Leas Gatos
Monte Sereno
'Saratoga
C. Gilroy 1 representative
Milpitas 1 alternate
°Morgan Hill
2. The pities within each grouping shall determine the method of selecting
their grouping's representatives per Section 100060 of the California
Pub''iic Utilities Code.
B. The Board, of Directors of the Transit District shall govern in accordance with
Articles 1 and 2 of Chapter 4 of Part 12 (commencing with Section 100000) of
Division 10 of the California Public Utilities Code, as those articles may be
amended.
SECTION 7. ADVISORY COMMITTEES.
The Transit District Board of Directors shall develop and administer the CMP in
consultation +, ith advisory committees, which shall include, but not be limited to, a
Citizens Adv3ory Committee, a Policy Advisory Committee (PAC) consisting of one
elected official from each Member Agency, and a Technical Advisory Committee {TAC)
consisting of one appropriate technical staff member from each of the Member
Agencies, from the Transit District and from such other agenc'les as designated by the
Transit Dis'r.rict Board of Directors. Each Member Agency shall be entitled to one
represent,vitive and one alternate on the PAC and TAC. Each Member Agency and the
Transit District representative to the TAC shall have one vote.
JPA as approved by CMA Governing Board on November 3, 1994 7
r�■®I
SECTION 8. ANNUAL BUDGET.
A. Before April 1 of each calendar year, the Transit District shall mail to each
Member Agency a preliminary scope of work and associated budget setting
forth all administrative, operational and capital expenses necessary to
implement the CMP for the fiscal year commencing upon July 1 of that calendar
year.
1. The preliminary budget shall set forth each Member Agency's share of
the Expenses relating to implementation of the CMP. These expenses
shall be apportioned among the Member Agencies using the same
formula formerly used by the CMA, which is based equally upon each
Member Agency's relative share of the County-wide job population and
of the Count_•,vide gas tax subventions under Proposition 111.
2. The Transit District shall provide the Member Agencies with at least thirty
(30) days advance notice prior to the distribution of the preliminary
scope of work and budget to Member Agencies to provide comment and
input on aspects of the preliminary scope of work and associated budget.
B. The Board of Directors of the Transit District shall adopt before July 1 of each
year a budget for the succeeding fiscal year. The budget shall set forth all
administrative, operational and capital expenses for the CMP, together with the
apportionment of such expenses by levy against each Member Agency to the
extent necessary to fund the adopted budget.
C. The Transit District shall mail a copy of the adopted budget and final
apportionment of costs for implementing the CMP to each Member Agency
within thirty (30) days after the adoption of the budget.
D. if the Board of Directors elects to adopt a multi-year budget, the procedures set
forth in this Section shall apply.
_$ECTI®N 9. MEMBER AGENCY FEES.
A. The Member Agencies authorize the Transit District Board of Directors to levy
upon the Member Agencies a reasonable annual fee to fund the CMP budget,
not to exceed the apportionment of expenses set forth in the budget adopted
pursuant to Section 8 of this Agreement. No other fees shall be imposed on
Member Agencies without the approval of a majority of the Member Agencies
representing a majority of the population in Santa Clara County. 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 ot'�er funds available for the purpose.
JPA as approved by CMA Governing Board on November 3, 1994 8
B. The annual fee shall be due on the date, or dates if the fee is paid in
installments, set forth by the Transit District Board of Directors. A Member
Agency's failure to pay the fee levied against it to the Transit District within six
(6) months after the fee is due, shall be deemed to constitute nonconformance
with the requirements of the CMP, and the Transit District Board of Directors
shall cause the State Controller to be notified of the Member Agency's non-
conformance.
C. If at the end of a fiscal year the actual expenditures of the Transit District for
implementing the CMP are less than the annual fees collected that year from
Member Agencies, then the Board shall be authorized to determine whether the
surplus fees are to be retained by the Transit District for the CMP or returned to
the Member Agencies.
1. If the Board decides to retain any surplus fees, the Transit District shall
use such fees as a credit against the annual fees due the following fiscal
year. Any surplus fees retained by the Transit District shall be subject to
those restrictions set forth in Section 10 of this Agreement.
2. If the Board decides to return any surplus fees, then such fees shall be
returned to each Member Agency in the same proportion as collected.
SECTION 10. FUNDS AND ACCOUNTS.
A. The Controller-Treasurer of the Transit District is designated to be the
depository and to have cu,tody of all funds, including the annual fee described
in Section 9 of this Agreement, collected or received by the Transit District for
the use and benefit of the CMP (hereinafter "CMP Funds"). The CMP Funds
shall be placed in a separate fund of the Transit District, and not be
commingled with other Transit District funds. The separate fund containing the
CMP Funds shall be subject to inspection and audit by the Transit District's
auditors. The Transit District shall be authorized to make withdrawals against
the CMP Funds to cover expenses of the CMP and for such other expenses as
have been included in the CMP Budget approved pursuant to Section 8 of this
Agreement, and for no other purposes.
B. Funds held by the Transit District, other than CMP Funds, shall not be liable for
obligations resulting from CMP functions without the consent of the Board. The
Transit District shall defend itself and Member Agencies against any claims
regarding monitoring, preparation, administration, and enforcement of the CMP
under this Agreement, and the expenses, costs, and payments, including
attorneys fees, incurred because ul such claims against the Transit District or a
JPA as approved by CMA Governing Board on November 3, 1994 9
Member Agency shall be considered operational expenses and appertioned
pursuant to Section 8A(1) of this Agreement. This obligation and apportionment
shall not encompass claims regarding mattars other than monitoring,
preparation, administration, and enforcement of the CMP. All Transit District
obligations unrelated to CMP functions shall not in any way be the obligations
of any Member Agency.
SECTION 11. ANNUAL. AUDIT.
As part of the Transit District's annual financial audit, an audit of the Transit District's
CMP accounts and records shall be performed by an independent 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 California
Government Code and the audit shall conform to generally accepted auditing
standards. Audit reports shall be made available to the Member Agencies upon
request.
SECTION 12. DISPOSITION OF CMP FUNDS UPON TERMINATION.
1n the event of termination of the CMP or transfer of the CMP to another agency, CMP
funds, including any interest earned on deposits remaining upon termination or
transfer of the CMP and after payment of all obligations, shall either be returned to
each Member Agency in proportion to the contribution of each Member Agency during
the term of this Agreement or transferred to the successor agency as determined by the
Transit District Board of Directors. Ali decisions of the Transit District Board of
Directors with regard to determination of amounts to be returned to the Member
Agencies or transferred to the successor agency shall be final.
SECTION 13_ PROCEDURE FOR BECOMING A MEMBER OF THE SANTA
CLARA COUNTY CONGESTION MANAGEMENT_PROGRAM.
The County and cities who ratify and sign this Agreement and who pay the annual
fee(s) according to Section 9 of this Agreement shall become members of the Santa
Clara County CMP, as implemented by the Transit District. Failure by the County or
any city in Santa Clara County to become a signatory to this Agreement shall make the
County or that city ineligible for inclusion in the CMP. Cities incorporated after the
effective date of this Agreement may be included in the CMP by becoming signatories
to tnis Agreement.
JPA as approved by CMA Governing Board on November 3, 1994 10
SECTION 14. WITHDRAWAL AND TERMINATION OF MEMBERSHIP IN THE
CMP.
A. A Member Agency may elect to withdraw from the CMP 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
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 CMP.
B. A Member Agency which withdraws from the CMP shall be excluded from a city
grouping under Section 6 of this Agreement and shall be deemed ineligible for
representation on the Transit District Board of Directors.
C. Withdrawal of membership from the CMP automatically constitutes non-
conformance with the requirements of the Congestion Management Program.
The Transit District Board of Directors shall notify the State Controller of the
withdrawing Member Agency's non-conformance.
SECTION 15. AMENDMENTS.
This Agreement may be amended by resolutions adopted by the Santa Clara County
Board of Supervisors, a majority of the Member Agencies (other than Santa Clara
County) representing a majority of the population in Santa Clara County and the
Transit District.
SECTION 16. NOTICO_S.
All notices to Member Agencies shall be deemed to have been given when mailed,
telecopied (with hard copy mailed the same day) or hand delivered to the governing
body of each Member Agency.
IN WITNESS WHEREOF the parties have executed this Agreement on the date
shown below.
CITY OF CAMPBELL CITY OF CUPERTINO
C y Date
Date
JPA as approved by CMA Governing Board on November 3, 1994 11
e
CITY OF GILROY CITY OF OS ALTOS
By G By:
Date -fs 2� 1,� q5 Dat
TOWN OF LOS ALTOS DILLS TOWN OF LOS GATOS
Bt • — y a y �� By;
Date � e
CITY OF MILPITAS CITY OF MONTE SERENO
Date Dated=
CITY OF MORGAN HILL CITY OF MOUNTAIN VIEW
y, fr
Date Date
CITY OF PALO ALTO CITY OF SAN JOSE
Date Date
CITY OF SARATOGA CITY O SUNNYVALE
By
Aa�
-1 Date Date
JPA as approved by CMA Governing Board on November 3, 1994 12
e
CITY OF SANTA CLARA COU I"TA RA
G QD DIRIDON Date
C:ha mersn�. Board of Supervisors
SANT OUNTY TRANSIT DISTRICT
'u ibjRjCM Date - ATTEST F ,.Pit , A. Rare,--, Clerk
��C i ,a Ucliirh: of rs
Chairnerson,Transtt 31stilet Board PA4
JPA as approved by CMA Governing Board on November 3, 1994 13
Transportation Agency
Santa Clara County Bus,light Roil,Congestion Management ^^_
3331 Ncr+firs Strew
San }ose,CA 95134-1906
April 7, 1995
Kim Smith
City Clerk
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
RE: Joint Powers Agreement
Dear Ms. Smith:
Enclosed for your records is a fully executed original of the Joint Powers Agreement(JPA)
for the Administration of the Santa Clara County Congestion Management Program.
The JPA is the legal document that describes the administration of the Santa Clara County
Congestion Management Program. CMP functions have been assumed by the Transit
District, which is now governed by a Board of Directors composed of elected officials
representing the County of Santa Clara and Santa Clara County's fifteen cities.
Sincerely,
Peter Cipolla
General Manager
Enclosure
cc: Donald D. Brown, City Manager
Bert Viskovich, TAC Member
Congestion Management Program: 101 Metro Drive, Suite 246, San Jose,California 95110 PHONE: 406,453.4030 FAX:408.453.4145
City Hall
10300 Torre Avenue
Cupertino,CA 95014-3202
Telephone: (408)777-3223'1` ()I*
FAX- (408)777-3366
Ctipertil,1® _
01 FICE OF THE CITY CLERK
December 1, 1994
Michael P. Evanhoe
Congestion Management Agency
101 Metro Drive, Suite 248
San Jose, California 95110
JOINT POWERS AGREEMENT FOR ADMINISTRATION OF THE SAN`I`A
CLARA COUNTY CONGESTION MANAGEMENT PROGRAM
Enclosed is one executed copy of the Joint Powers Agreement For Administration Of The
Santa Clara County Congestion Manage nent Program and a certified copy of Resolution
No. 9240, designating Santa Clara Cointy Transit District as the agency responsible for
this program.
Please contact this office if you have any questions or need additional information.
Sincerely,
�s
KIM MARIE SMITH
CITY CLERK
KS/cs
Encl.
RESOLUTION NO. 9240
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
DESIGNATING THE SANTA CLARA COUNTY TRANSIT DISTRICT AS
THE AGENCY RESPONSIBLE TO DEVELOP, ADOPT, UPDATE, ADMINISTER
AND ENFORCE A 'CONGESTION MANAGEMENT PROGRAM FOR SANTA
CLARA COUNTY AND APPROVING A JOINT POWERS AGREEMENT FOR
THE ADMINISTRATION OF THAT PROGRAM
WHEREAS, Chapter 2.6 (commencing with Section 65088) of Division I of Title
7 of the California Government Code provides that a Congestion Management Program
shall be adopted and updated biennially for every urbanized county by a Iocally
designated agency which shall develop and administer that program; and
WHEREAS, the agency to develop, adopt, and administer the Congestion
Management Program shall be designated by resolutions adopted by the county board of
supervisors and the city councils of a majority of the cities representing a majority of the'
population in the incorporated areas of the county; and
WHEREAS, in 1991, the Santa Clara County Congestion Management Agency
was formed by a Joint Powers Agreement among the cities, the County of Santa Clara
and the Santa Clara County Transit District and designated to develop, adopt, update,
administer and enforce the Congestion Management Program in Santa Clara County; and
WHEREAS, on November 2, 1993, the voters approved Measure B, an advisory
ballot measure providing for the consolidation of the Santa Clara County Congestion
Management Agency with the Santa Clara County Transit District; and
WHEREAS, in 1994, State legislation (Assembly Bill 2442, Cortese) was enacted
to separate the management of the Santa Clara County Transit District from the County
of Santa Clara and to facilitate the assumption by the Santa Clara County Transit District
of the Congestion Management Program; and
WHEREAS, it is clearly in the public interest to joint the Congestion
Management Program's fiinctions with the Transit District's so that countywide
congestion management planning and transit planning and operations can be combined in
the same agency;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE,
CITY OF CUPERTINO:
(1) That the City of Cupertino revokes, effective at the end of the day on
December 31, 1994, its previous designation of the Santa Clara County Congestion
Management Agency as the agency to develop, adopt, update, administer and enforce the
Congestion Management Program for Santa Clara County.
Resolution No. 9240
Page 2
(2) That the City of Cupertino designates the Santa Clara County Transit
District as the agency to develop, adopt, update, administer and enforce the Congestion
Management Program for Santa Clara County, effective January 1, 1995.
(3) That the City of Cupertino hereby approves and the City Clerk is
authorized to execute the Joint Powers Agreement, effective January 1, 1995, which
repeals the Joint Powers Agreement dated August 14, 1991, establishing the Santa Clara
County Congestion Management Agency, and which provides for the administration of a
Congestion Management Program by the Santa Clara County Transit District.
PASSED AND ADOPTED this 216tday Of November 1994, by the
following vote:
Vote Members of the City council
AYES: Bautista, Burnett, Koppel, Sorensen, Dean
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED:
/s/ Wally Dean
Mayor, City of Cupertino
ATTEST:
Kim Marie Smith
City Clerk
Congestion Management Agency pUsLIC WORKS
` Santa Clara County Nov
NOVet*)er,9- .199`i
Donald D. Brown '';I% i
City Manager
CITY ()I-- CUPERTINO _
10300 "I orre Avenue
Cupertino CA 95014
Re: Resolution Designating the S�inta Clara County Transit District as the Congestion
Matiagement Agency and .loint Powers Agreement for the Administration of the
Santa Clara Colinly Co11geSli0i1 iMaiiagemem Program
Dear Mr. Brown:
The "!Ssulllption by the Santa Clara (-,oLlllly Transit District of the Congestion
NIanagelllent Program requires that the "Transit. District be designated by resolution as the
agency responsible for the preparation of the Congestion )Matlagement Program. In
addition, :1 new Joint Powers Agreerilent nitlst be executed to Continue the
aclnlinistration of the Congestion M.,11lagenlent Program. To effectuate these changes,
both the Resolution of Designation and tlic loint Powers Agreement must be adopted by
a majority of the cities representing :1 rrlajr)rity of the population in the incorporated area
of the County, S:ulta Clara County, and the Tr:insit District.
A: its meeting on November 3, the Congestion M maocnicm Agency Governing Board
approved the enclosed ResollitiOrl of Designation a11cl loins Powers Agreement for
distribution to Member Agencies will, the request that Member Agencies adopt the
RCS011i6011 llo later than I)CCCIII ) •r 1.), 199"i :uxl ,I11111orize the appropriate Cite official to
exf Clitl the Joint 11mvers Agrel'll cni.
On OctOher G, 1994, the (,NIA Governing Board a draft Resolution of
Designation and Joinl Powers Ag eemenl for Ciistributiorl to Meniber Agencies for
review and conlille m. The enclosed lOint 11mvers Agreement is based on a redraft of
that Joint Powers Agreement prel)areci by the San lose City Attorney's Office. in
Consultation with city attorneys frOnl the cities of Sunnyvale .,nd Palo Alto. Further
revisio is were reco11 memled at :I meeting on November 1 to which interested city
attorneys atici TeChlliCal ACIVI5OCy COn1t111tiCe 111e11117ers \\•-e itivited as well as at special
meetings of the C:MA's Technical :irks Policy Advisory C ninnlittees field on November 3.
At. its November 3 meeting, the CNIA Governing Board accepted Most of the
reconmllenclatioils received, rilac.fe further revisions, and approved the eticlosecl
CIOC11111et1t5 for distribution and execution. �. t
Your prompt attention to this request is greatly appreciated. J'o facilitate the Transit
District's assumpliotl of the Co1lgestiotl Management Program on latluary 1, 1995 the
Resolution of Designation must I)e adopted and the joint Powers Agreement must be
a
101 Metro Drive, Suite 248, San Jose, California 95110 PHONE: 408/453-4030 FAX: 408/453-4145
executed by that (late A review ,,)f city council and Board of Supervisors Manned
meeting elates prompted Otir resluest for :action by l?ecenal r 9.
A sirular letter with thc• s-,nne.• enclosures is being mailed directly to your Mayor.
If you or your staff MVC A11V cltue,,notis, please call nx- it 4(K453.4030.
Sincerely,
Michael P. Evanhoe
Executive Director
Enclosures
CC: Charles T. hilimi, City Atu>rney
Bert Viskovich, TAC iNlemhcr
Santa Clara County
Congestion Management Agency
Joint Powers Agreement
August 14, 1991
Congestion Management Agency
101 Moro Drive, SuHe 248
San Jose, CA 95110
408-4534030
JOINT POWERS AGREEMENT
SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY
August 14 , 1991
1. PURPOSE
The purposes of this Agreement are to provide a means of
preparing, adopting, revising, amending, administering,
and enforcing a 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
for Santa Clara County 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.
8. Implement the requirements of AB 471 ( 1989 ) and AB
1791 ( 1990 ) ( Katz ) , commencing with California
Government Code Section 65088 , and any 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, the Golden
Triangle Task Force, the adopted County
Transportation Plan, and the Santa Clara County
Traffic Authority' s Strategic Plan as elements of
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, the Transit District and the
County, and the designated CMP transportation
system.
1
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 (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 Ordinance and Programs of the Golden
Triangle Task Force and its Member Agencies.
C. "Golden Triangle Task Force" means the 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: ( 1 ) the County of
Santa Clara; ( 2) the Santa Clara County Transit
District; and ( 3) the participating cities of Santa
Clara County which have duly approved and executed
this Agreement.
E. "Santa Clara County Traffic Authority" means the
agency created to implement the program set forth
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
2
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.
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
database on land-use impacts for use in a
county-wide transportation computer model .
(See Section 6-H regarding regional coordination. )
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 Member Agencies 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 including (major arterials,
County expressways, State highways) .
- Establish a 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 ) . Deficiency Plans 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.
3
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.
I . Establish a process of notification for development
projects that impact other Member Agencies, the
County, the Transit District , and the designated
CMP transportation system.
J. Develop and update yearly 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.
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.
4
O. Coordinate the county-wide response with:
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 .
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;
D. To make plans and conduct studies and to review,
recommend or adopt revisions or amendments thereto
to the extent allowed by law;
5
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;
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 Member 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.
9. BOUNDARIES
The boundaries of the Agency jurisdiction shall be the
boundaries of the County of Santa Clara.
6
"r
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
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 1
Cupertino
Los Gatos
Monte Sereno
Saratoga
4 Gilroy 1
Milpitas
Morgan Hill
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.
7
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
non-conformance with the Congestion Management
Program, to adopt or amend the Congestion
Management Program, to adopt or amend the Agency
Budget, and to charge Member Agencies fees. Such
an affirmative vote shall also be required for any
other action except that a 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.
( 21, Special Meetings
Special meetings of the Governing Board may be
called in accordance with provisions of law.
( 3) Notice of Meetings
Al]. 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.
8
( 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. ,
except that from time to time less than a
quorum may adjourn a meeting.
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 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 .
9
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
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;
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 the Controller who has
been so designated pursuant to this Agreement;
10
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.
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 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
1.1
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, the Transit District 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, the
Transit Listrict or any city in Santa Clara County to
become a signatory to this Agreement shall r::ake that
city, the Transit District 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, the Transit District or the County may
elect to withdraw from the 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 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 costs of preparing, maintaining,
administering and enforcing the Congestion Management
12
Program. The Member Agencies hereby delegate to the
Agency the power to levy upon the Member Agencies a
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.
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 CITY OF CUPERTINO
B �401 191
Date Date
CITY OF GILROY CITY OF LOS ALTOS
/&12,4 3 91 B14C 4 09/91
Date Date
13
CITY OF LOS ALTOS HILLS TOWN OF LOS GATOS
f f
Byj B & f22/91
Date Date
CITY OF MILPITA S CITY OF MONTE SERENO
By �`� 16/91 By f l 7 %1?/91
.r
Date Date
CITY OF MORGAN HILL CITY OF MOUNTAIN VIEW
By 4/17/91 By ,,/r4L4/09/91
Date Date
CITY OF PALO ALTO CITY OF SAN JOSE
r
By 4/15/91 By 4/23/91
Date Date
CITY OF SANTA CLARA CITY OF SARATOGA
By ''�i %� j ,/F f 8/14/91
Dlkte Date
CIf OF S YVALE� COUNTY 2F SANTA, CLARA
Byi 4/09/91 By 4/09/91
Date Date
COUNTY OF SANTA CLARA TRANSIT DISTRICT
BY
to
14
Congestion Management A enc
Santa Clara County
MEMORANDUM
DATE: December 12, 1991
TO: City Clerks and Clerk of the Board
FROM: Mike Evanhoe
SUBJECT: Fully executed copy of the JPA and final CMP
Enclosed with this transmittal letter is a fully executed, official copy of the Joint
Powers Agreement for the Santa Clara County Congestion !Management Agency,
entered into between the County of Santa Clara, the County of Santa Clara Transit
District, and the following cities: Campbell, Cupertino, Gilroy, Los Altos, Los
Altos Hills, Los Gatos, Milpitas, Monte Sereno, Morgan Hill, Mountain View, Palo
Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale.
Also enclosed is a bound copy of the 1991 Congestion Management Program for
Santa Clara County, which was adopted by the CMA Board at its October 30, 1991
meeting.
If you have any questions about either the Joint Powers Agreement or the
Congestion Management Program, or if you would like to obtain additional copies
of the CMP, please call me or Melinda Snider at (408) 453-4030.
Sincerely,
���
Michael P. Evanhoe
Executive Director
101 Metro Drive, Suite 248, San Jose, California 95110 PHONE: 408/453-4030 FAX: 408/4534145
RESOIITI'ICN NO. 8365
A FlESSO=CN OF THE CXTY COUNCn OF THE CITY OF CUPERTno
AIThORIZIlG EXECUTION OF JOIla POWERS AGREEMENT
SANM CUM COUNTY 031GESTION HAVAGEMENT AGENCY
BE IT FMOILVED that the City 0ounc4l of the City of 04=tlm hereby
approves the JOINT POWERS AGREENENT OF THE SAM CLARA COUNTY CK
MANS, I' AGENCY, a copy Of uftkh is made a part hereof, and auUwrizes
the Mayor and the City Clerk to execute said agreement on behalf of the
City of Cupertino.
PASSED AM ADOPM at a regular meeting of the City Cm2w-il of the
City of Ito this 1st day of April , 1991, by the
following fie:
Vote Members of the City Council
AYES: Goldman, Rogers, Sorensen, Szabo, Koppel
NICIES: None
ABSENT: 'done
AST: None
APPROVED:
!s/ Barb Koppel
VAyor, City of C%Mt.ino
ATTEST:
/s/ Dorothy Cornelius
City Cleric
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
A. "Agency" shall —^an 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
5. 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 cf 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) .
5
Y . 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
�. 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 %nd accept grants, advances,
contributions, and subventions;
C. To employ or contract for the services of agents,
employees, consui ,.ants and such other persons or
firms as it deems necessary;
9
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
Befoi:e 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 budc;et to each
signatory agency thirty ( 30 ) days prior to the adoption
of the final budget.
11
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 i
Cupertino
Los Gatos
Monte Sereno
Saratoga
4 Gilroy 1
Milpitas
Morgan Hill
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.
13
� 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
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 remand 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
neessary to fulfill its powers, duties and
responsibilities under this Agreement, including but not
limited to appointment of temporary or permanent staff.
17
B. Be responsible upon official bond for the
safekeeping and disbursement of all Agency money so
held;
C. Pay any sums due prom 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.
LO
19
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.
117. 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
20. NOTICES
All Notices to Member Agencies shall be deemed to have
been given when mailed to the governing body of each
Member Agency.
APPROVED AS TO ORM:
/Z��/"'," —
ity Attorney
CITY OF CAMPBELL CITY OF CUPERTINO
ATTEST:
city Clem
lot X
By _ B �
Mayor, City of leptino
Date �"�,,��� Date
� r
CITY OF GILROY CITY OF LOS ALTOS
By BY
Date Date
24
TOWN OF LOS ALTOS HILLS TOWN OF LOS GATOS
By By —
Date Date
CITY OF MILPITAS CITY OF MONTE SERENO
By BY
Date Date
CITY OF MORGAN HILL CITY OF MOUNTAIN VIEW
By BY
Date Date
25
COUNTY OF SANTA CLARA TRANSIT DISTRICT
By
Date
27
CITY OF CUPERTINO
INTERDEPARTMENTAL Date April 3, 1991
To CITY CLERK From PUBLIC WORKS--SUMI
CI Information MESSAGE: JOINT POWERS AGREEMENT _
CI Implement I SANTA CLARA COUNTY CONGESTION MANAGEMENT AGENCY
CI Investigate
CI Discuss Transmitted are three sets of the referenced agreement for -
t—i See me execution by the City. _ Please send the original to the
Reply
Congestion Management Agency and they will make however many copies
are required for their purpose; retain a copy for your files and
return one to this office.
sm _
attach
—�
Reply: Santa Clara County (408) 453-4030
Congestion Management Agency
.101 Metro Dr. , Suite 248
San Jose, CA. 95110
SIGNED: DATE
Send parts 1 and 2; retain part 7. for follow-up; part 2 to be returned with reply