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HomeMy WebLinkAboutSanta Clara County - 1994 Agreement 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 County Transit District. RECIT ALS 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 set 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 Clara 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 '1 '-". 'I .,.. .' , 1 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 DISTRICT. 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 those 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 Transit 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 Agreement, the Transit District shall have all the powers necessary to prepare, adopt, revise, amend, administer and enforce the provisions of the CMP in Santa Clara County and to perform 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 RESPONSIBILITIES. 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 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 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. Develop and maintain a county-wide 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. J. 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. a. 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 Jose; 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 on November 3, 1994 6 City Grouping a. Los Altos Los Altos Hills Mountain View Palo Alto Santa Clara Sunnyvale Representatives 3 representatives 1 alternate b. Campbell Cupertino Los Gatos Monte Sereno Saratoga c. Gilroy Milpitas Morgan Hill 1 representative 1 alternate 1 representative 1 alternate 2. The cities within each grouping shall determine the method of selecting their grouping's representatives per Section 100060 of the California Public 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 with advisory committees, which shall include, but not be limited to, a Citizens Advisory 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 agencies as designated by the Transit District Board of Directors. Each Member Agency shall be entitled to one representative and one alternate on the PAC and TAC. Each Member Agency and the Transit District representative to the T AC shall have one vote. JPA as approved by CMA Governing Board on November 3, 1994 7 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 County-wide 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. SECTION 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 other 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 custody 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 of such claims against the Transit District or a JPA as approved by CMA Governi~g Board on November 3, 1994 9 Member Agency shall be considered operational expenses and apportioned pursuant to Section 8A(1) of this Agreement. This obligation and apportionment shall not encompass claims regarding matters 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. In 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. All 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. PROCEDURE FOR BECOMING A MEMBER OF THE SANTA CLARA COUNTY CONGESTION MANAGEMENT PROGRAM. SECTION 13. 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 this 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. NOTICES. 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 ;- ~ ~~~ r-- S-~~~ Date By: ~~-a 3/~/95 Date JPA as approved by CMA Governing Board on November 3, 1994 11 C~ILROV B ~~~4r TOWN OF LOS ALTOS HILLS BCk~J;f,.J - ?/f ~-- Da(e CITY OF MILPITAS ~~ By: 2-/1 0 I /i r- Date CITY OF MORGAN HILL By: (lj/JlLf (>$p 3)11 r Date CITY OF PALO ALTO . . BY~.\. ~-9 .~ _.~~9.s Date CITY OF SARATOGA #<'<0 f t By:' C(~ Date (~-7/9J CITY OF LOS ALTOS BY'~~ . ~ lC\5 ate TOWN OF LOS GA TOS By:Th~~/J d2 ) ;./-/95' Date CITY OF MONTE SERENO By:<-d,j ~DA 1)f.(')1 ohg~ :;2-/ ~3 95 Date CITY OF MOUNTAIN VIEW By: x'~,",- d-N'T~ Date CITY OF SAN JOSE BY:.Ut- f{. ~tULL~ ate /-3-9S ;1/iuA. {) f)"UJj~ I /lb(qS I I CITY OF SUNNYVALE BY:~iMu~ f Date~~ JPA as approved by CMA Governing Board on November 3, 1994 12 BYjQrV\;Y\iU.,. tt ~aJr~~:~~ ROD OIRtDON U 0 ~ Date Lltt;1 j 1'J:1'i; Chairperson. Beard of Supervlao. SANTA CLARA COUNTY TRANSIT DISTRICT CITY OF SANTA CLARA By: lDEC i J,';I ~ C.nairperson. Transit District Board ATTEST' P"~'l';~ ". ':J':.\r'~'~ ('I'"'' ,. , ' . i 'i ~h.J r\. t t.,.. t.:t~) ~.nUI r\ Board of Supervisors 9~ tll?~ JPA as approved by CMA Governing Board on November 3, 1994 13