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CC Resolution No. 9240 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 1 of Title 7 of the California Govemment Code provides that a Congestion Management Program shall be adopted and updated biennially for every urbanized county by a locally 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 thè 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 functions 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: (I) 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 I, 1995. (3) That the City of Cupertino hereby approves and the City Clerk is authorized to execute the Joint Powers Agreement, effective January I, 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 ------2.ktday of November following vote: , 1994, by the Y!lli: AYES: NOES: ABSENT: ABSTAIN: Members of the City Council Bautista, Burnett, Koppel, Sorensen, Dean None None None APPROVED: /s/ Wally Dean Mayor, City of Cupertino ATTEST: /s/ Kim Marie Smith City Clerk