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HomeMy WebLinkAboutSanta Clara County - 1991 Agreement l . '/ '; Santa Clara County Congestion Management Agency Joint Powers Agreement August 14, 1991 Congestion Management Agency 101 Metro Drive, Suite 248 SanJose, CA 95110 408-453-4030 ~ /. 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. B. 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 E. 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 . BOUNDAR I ES The boundaries of the Agency jurisdiction shall be the boundaries of the County of Santa Clara. 6 A. Board 10. ORGANIZATION 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 2 5 San Jose Los Altos Los Altos Hills Mountain View Palo Alto Santa Clara Sunnyvale 3 3 1 Campbell Cupertino Los Gatos Monte Sereno Saratoga 4 Gilroy Milpitas Morgan Hill 1 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. (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. 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) ~. 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 11 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 District or any city in Santa Clara County to become a signatory to this Agreement shall make 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 ~~~~~~m Date Date CITY OF GILROY CITY OF LOS ALTOS BY~ 4/09/91 Date 13 CITY OF LOS ALTOS HILLS TOWN OF LOS GATOS BY~~4/17/91 - Date By/?~DI&J./91 Date CITY OF MILPI'X4S CITY OF MONTE SERENO By ~/16/91 . Date B4~Mh\ /~;-ftNLJ+-7)91 Date CITY OF MORGAN HILL CITY OF MOUNTAIN VIEW By J~4- . 4/17/91 Date By ~,/~ 4/09/91 Date CITY OF PALO ALTO CITY OF SAN JOSE BY~--- ~23/91 / / Date By ~~~4/15/91 ~ Date CITY OF SANTA CLARA CITY OF SARATOGA ~~Id-AJ~l ,Da te BYJv:~ 1~;4/91 ~ ___ Date By tJJJ7(~ 4/09/91 Date COUNTY OF SANTA CLARA BY~~4/09/91 Date COUNTY OF SANTA CLARA TRANSIT DISTRICT B~ #"-,LJ/~9/91 ~ 14