HomeMy WebLinkAbout0142.091febru,ry 1, 1991
HOHOPABLE C rTY C()(fflC Il
Palo Alto, CaTifornil
SantI Clari County Congestion Managem~nt Agency
Draft Joint Powers Agreement
~embers of the Council:
Report in Bri ef
The Sanh (iara (,aunty Congestion ManagEment Agency {CMA) is solfc:itin9
comments on the attached Dr.ft Joint Powers Agreement and 1990-91 CMA funding
formula. Final CHA action on this matter is schedul~d for~ebruary lO, 1991.
Endorsement of tha Agreement and funding formula is recommended.
Bacwrcund
Jr. ]990. voters approved in increase 1R the gasoline tax and related ballot
measures dealing with transplJrtation cor-gestion relief. Tn anticipation of
the June vote, the (ity Council approved part1c1pation in the Santa Clara
Count} CongestIon Management Agenc} (C~A) (CMR:191:0 -3/8/90). Tne CHA is
the new County organization mndated by the bal10t meaSur!$ to address
transportation and related issues.
The Santa (lira County Co~nsel "a~ ruled that formation of a Congestion
Manag~ment Agency with budgetar1 powers requi~es approval of a Joint Powers
Agreement. In tne fnterim, the CMA Governing B~ard has been functionfng ~ith
staff resources provided through the Golden Triangle T~5k Force. The Boar1
has created several committees. and one of the)e worked on preparation of the
attached Draft Joint Powers Agreement.
On January iti, the CHA forwarded t~e Draft Ag~~ement to cities for review and
Co~nt. On february 20. the CMA is expected to approve an Agreement and
submjt it for formal appro~al by the cities and the County Board of
Supervisors. Approvil of the Final Agreement is hoped to occur in March so
that the CMA's budgetarl authority is established as soon ~s possible.
The Draft Agreement is consistent with the cr~ byl~ws .nd organizational
details previously approved by the City Counci14 The functions and
r~sponsibjlities of the CMA are identified on pages 4 to a of the Draft JPA.
Functions A through M and P ,re directly related to implementation of the CMA
functions set out t~ State legisJation related to the June ba170t measures.
Fonctions N (-Coordinate transportation and land use planning with contiguous
counties.') and especial11 0 ('FaCilitate the County·wide response to: The
CHR:I4Z:91
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Cl<ean ~i r Act arid Transport.atio~ (ontrol Measures of MTt: and BAAQMD." J respond
not on1J tG elements of t~e (MA·related State legislation but alSo tD
forthcoming Metropolitan Transportation Commission and Bay Area Air Quality
~anagement District actions related primarily to implementation of the
Cllifo~1a and Federal Clean Air Acts. These responsibilities wer~ part of
t~e Proposal for ~ Congestion Management Agency endorsed by the Councl) in
Marcn ]990. City staff believes that functions Nand 0 are impcrtant
inclusions and will fac~'ftite effective functioning of the CMA.
Shff has noted to the-eM staff that Section 17~ Spechl Provisions. of the
Agreement authorizes levying a fee on participating jurisdictions hut does not
1lm!t the fee power to implement.tlon of the CMA's approved budget. CMA st,ff
have indicat€d that Section 11 WiIs intende-d to imp1 ement the budget and that
they win dev!lo., revised wording Hn1dng Section H .ith Section 9, Annu31
Budget.
A related matter is the formula for assessing the CMA's budget on
participat1ng jurisdictions. The CMA Board has received the attached
(ommitt~e report .ecommending, for 1990-1991 only, the 50 percent jobs-SO
perCEnt gas t~x sobvention fon=uli identified in the Commlttee report. For
1990-91, the City's assessment would be $69,662. Palo Alto's estimated 1990-
91 gas tax subv2ntions are in the range ~f $162,400 to $183,700 as identified
in the infornat1on attached to the CMA's Finance Committee Report, It is
anticipated that most of the CMAis lsseS5m£nt will be eligible for payment
from the (ity~s gas tax s~b~entior.. CHA expe"s~s re1~ted t~ mass transit and
other non-street ind Itighwaj' planning a!'"e net el fglble for gas tax funds_
Staff believes that t~~ r~commended funding fO~jTa appropr;at~ly takes into
consideration the nu~r of jobs loclted in eac~ jurisdiction ind the traffic
issues associated with Employment, Assuming the tMA gives final approval to
the funding formula on february 20, stoiff will provide th.e (ouneH 'W":lt~ a
budget ordin,ance appropriating Uds amount when the final Joint Powers
Agreement returRs to the Council.
RecG!!Ir!gndat i on
staff recommends t~at tne titl Counci1 adopt a mctfcn:
1. Endorsing the Draft Joint Powers Agreement with the understanding
that the provisions of Section 11 will be limited to the
i~ple~ntatfon of t~e CMA's annual budget, and
2. [ndorsing the 50 percent jobs-SO percent gas tax sub~ention
funding formula for tne C,,",,' s 1990-91 bud g e t. /J
Respectful Ty st.!bmitted, ( 1,
~uudR.lckk
KENNETH R. SCHREIBER ~
Director of Planning and
Community £nvironment
CMR: 142:91
p:\CMR\CMAagnnt
"~---~",,I ~
NE flEMING I}
A s;stant City Ma~er
217/91
Page 2
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Att.c~ .. nt.: 1/23/91 memo rr~ Conge.t100 ~anagement Agency. wjt~
Draft Joi~t Powers Agreement attached
1/16/91 memo from f;nanc. Committee of the Congestion
Management Agency re: Recommended Funding Formul.
for CM Budget
cc; Congestion Mana9eme~t Agency (Mike £va~hoe)
CMR:142:91
p: \ClIR\CllAagrmt 2/7/91
Page 3
" E " 0 RAN DO"
Date: January 23, 1991
'1'0: City Managers and county Executive
rro .. : Michael Pa Evanhoe~ Executive Director
Subject: Joint Powers Agreement
The plJrpose of this memorandum. is to' transmit a draft of the
Joint Powers Agreement (JPA) for the Santa Clara county
congestion ~anasement Agency (CMA) to you for you[" city's
review and commenta
AS we have discussed at the December !nd January meetinqs of
the C91.mty/Cities Mana'jers' Association. county couns!'l has
determined that a Joint Povers Agreement is necessary for the
forsation and operation of the C~. Accordingly. a draft JPA
was written by staff and approved by county counsel.
On January 16, 1991~ the C~J\ Board approved the transmittal
of tbis draft JPA to cities and the County for ~eview and
comment. The Governing Board is requesting that your
city £eview this document and f?rwatd your comments to me by
F[iday, February 8, 1991~ These comments vill be reviewed by
the Com~ittee and vhere appropriate incorporated into the JPA
p~ior to its final approval by the CKA Board at their
Febru~~y ZOth meeting. The JPA ~il1 then be transmitted back
to the cities and County for adoption by city councils and
the Board of Supervisors. We hope for final adoption of the
JPA by the cities and the County in March~ 1991.
I [eali~e that the turnaround time is short; hovever, it is
necessary to expedite this prccess in order for the CKA to
expend funds to create the Congestion ~aaaqement program. If
you have any questions or would like more inforDation about
this pro~ess, please feel free to call me at 408/.53-403~.
Thank you for your assistancea
LVW,P1PE/gt
At tachlle n t s
Since.rely~
~t&~~~
~ichael Pa Evanhoe.
E~ecutive Director
CC; Technical Advisory Committee Members
1I'IT:E.tl'" o~,..a-l01 Mefrc DTiV4l" Suite 248, Sac Jose,. uTikirniOl 95110 PHONE: 4Q8/453--4030 F.-'U: WS/4SJ..U4S
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01/15/91
JOIN'!' POIfZJIS AGIlEEIIBN'l
SAItTA CLAllA COUNTY COKGIIS'UON IlAllAGIIIIBN'l AGENCY
1. PURPOSE
The pu.poses of this Agree.eDt are to provide a Means of
preparing, adoptin9. revising. amendin9. administering
and eaforcing the Congesticn Management Program for
Santa Clara County pursuant to section 65088 et seq. of
the Governaent Code and a countywide transportation plan
pursuant to section 66531 of the Government Code.
2. OBJECTIVES
A. Coord1nate tr&nsport~tion and related land use
planning within Santa Clara County.
B. I.pleaent the requirements of AS 71 (138~) and A8
1791 (1990) (kata} and s~b8equeDt state le9islat1on
to create a CODgestion ~anagement Plan and
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e.tahlish a Congestion Management Aqency for Santa
Clara County and it. aeaber eiti~s.
c. Use wherl applicable the proqcaas and polIcies of
the County#& and Cities' Genersl pl~ns, Golden
Triangle Task ~o[ce, Adopted County T[an5~[tatlon
Plan l and thg ~[affic Autho[ity's Strategic Plan as
eleaents in the Congestion Manage.ent plan.
O. It is a qoal of the Congestion Management Agency
(eM Agency) to fOlter early co .. unicatioQ between
aeaber agencies on project5 and issues that exceed
threshold and i.pact other ae.bet eit,ies !nd the
County, and the deSignated CMP transportation
sy&tea.
3. DEFINITIONS
Certain yords A6 used in this Agree.ent sha!l be defined
as follows:
A. -Agency· shall .ean the Sa~ta Clara County
Congestion Management Agency created by this
Aqceeaent.
B. ·"~abeI Agenciel-.hall mean the County of Santa
Clar.~ the participating ~it1e& of Santa Clara
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county and the Santa Clara county Tran5il O!stcict.
County Transit Di5trtct~
4. EFFECTIVE DATE
This Agreement shall become .ffective upon the apptcv31
of the Board of Supervisors and a .ajority of the cities
representing a .ajority of the population of the cities
within the County.
S. CREATION or THE SANTA CLARA COUNTY CONGESTION MANAGEKENT
AGENCY
There is hereby creeted the Santa Clara county
Congeltion Management Agency to exercise in the .anner
set forth in this Agreement the powers co~on to each of
the Me.ber Agencies. The Agency Ihall be a public
entity separate from the Reaber Ageneies. No debt,
liability~ or obliq3tion of the Agency shall ~onstitute
a debt# liability or obligation of any Me.ber Agency and
each party~s obligation hereunder is e~pte6&11 limited
only to the appropriation and contribution of such ~unds
as aay be l~vied pursuant to this Aqreeaent or a~ the
parties be%eto .ay a9ree~
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6. FUNCTIONS AND RESPONSIB!LITI~S
A. Review the genet.1 plans of Santa Clara county and
its cities and the work of Adopted County
TranSportation Pl~n and the Golden Tri~n~le Task
rorce in order to develop a eMP ~nd a county-vide
data base.
B. Develop and impleaent pro9rams and policies for the
coordination of t,ansportatloD and related land use
manage.ent.
C. Institute a pr~9ra. to analyze threshold i.pacts of
land use decisions made by local jurisdietions on
county-wide, regional, and inter-regional
transportation systea5 t and air quality.
D. Establisn traffic level of servlc~ (LOS) standards.
cefi~e/update a county-wide roadway netvork
(aajoI arterials, ezpressways, freeways).
Bstablish LOS on th~t netvork.
E. Adopt deficiency plans as required in AS 1791
(~atz) which identify defici~nt segments or
inter&eetions that do not meet the ~5tablished LOS
standards.
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r4 Define county-wide transit routinq and frequency
standards.
G~ Provide tec~nical assistance upon requ~st to member
agencies to faCilitate the development of polic!~s
and progra.s to implement adopted CMP and TO~
requiremcnts4
H. Develop and update an overall Congestion Manage.ent
Plan for the County. (1) wbich 1s coordinated and
cor.sistent with the County's Adopted Transportation
Plan and the Re~ion's mandated air quality
i.proveeent st~at~gy; (2) thi5 plan must have a
policy 5t~te.ent, an acti~n element. and a
financial element as set forth in state law.
I. Establish a process of notIfication for projects
that exceed thresholds and impact other member
cities. the County. and the desigr.ated eMF
t~anspo[tatioD system.
J. Establish a process and criteria to review
developaent projects.
•• Develop a [oIling seven-year transportation
1.p['ovement program for the county that inc"ludes
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co.pletton of all ~ea&ure A and Adopt~d county
Tcanspo(tatian Plan projects.
L. roraulate Transportation Dem.and Management (TOP!:)
pro9ra.s and implementation strategies for the
entire County, utilizin9 el •• ents of tbe existing
City of santa Clara and Golden Triangle Ordinances
and the Golden Trianqle Coamuter N&twock as
exaaples and possible 501ution6~
M. Monitor the implementation of all elements of the
Congestion .anage.ent Proqra. and if necesSBry _ake
findings a& to Don-conformance by any city or tbe
County~ as set fQrth in AS 471 and AS 1791 (~atz)
and any a_endments thereto or any additions to
state law tbat affect CK Agencies.
N~ Coordinate ttan5po~tatioD and land use planninq
with contiguous countle&~
o~ Facilitate tbe county-wide response to:
The Clean Air Act and
Tran5~rtation Conttol Measures of
JIITC and BAAQHD~
P4 Coordinate ~he county-vide response to:
The California Transportation Commission
and cal trans for Flestble congestion Relief
and TSM funds~
MTC guidelines for County Transportation Plans
(AS 3705), Rrrp. and STIP.
Q. Other functions and responsibilities as may be
added by aeendaents to this A9reeaent pursuant to
Section 18.
R. Other functions and responsibilities that are
~onsistent with tn~ purpose, objectivea, functions
and r~sponsibl1itfes described in this Agreement
and are !.po~ed by st~te or fedecal laY.
7. POWERS
The Agency shall have the power to prepare, adopt.
tevise l amend, a~ioister and enforce the provisions of
the Conqestioa ~anagement proqra. and to execute other
duties as identified io this A9retBent. The Agency is
bereby authorized in its ovn name to pertora all acts
necessary tor the exe[cise of said powers including but
not liaited to the followin9:
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A. To .ake and entet into contracts~
B. To apply foc and accept grant!, advances.
e~nt[ibution6, and subvention$;
C. To e.ploy O~ contract to~ the services of agents,
eaployees, consultants and such other persons or
f~rms as it deem~ neces.a~y;
O. 1"0 lUke plans and conduct st'Jdies and to reviev,
recoamend or adopt revisioDs or amendments thereto
to the eztent allowed by law:
E. To cent, lease r acquire, construct, .anag~.
aaintain, operate and control ~ny buildings, vorts
or iaprovements necess~[y to perfora its functions
under this A9ree.eet;
r. To &cquire, hold or dispose of property necessary
to perform its functions under this Agreement;
G. To sue and be sued in its own name;
B. To incur debts, liabilities or obligations, subject
to li_itations heeein set forth;
I. To levy and collect fees and cha[ges, including
ad.inistretlve and operating costs. as provided in
this A9re~.ent or by lav, against all e~tities to
which the law applies, both Signatory and
non-signatory to this Aqreementl
J. To adopt, as authorized by lav, ordinances or
resolutions necessary to carry out the purposes of
this Aqree.ent;
K. To seek state and federal funding to. defray the
~ost of preparing, adopting, asp.ftdinq,
ad.inistering and enforcing the Congestion
Management Plan and other duties described in this
Agreeaent; and
L. To recommend, adopt and amend the Congestion
ManageMent pro9~ ••.
8. ANNUAL BUDGET
Befo~e April 1 of each calendar year, the Board shall
app£ove a preliminary budget for the Agen~y for the
fiscal year coa.enclng with July 1 of the same calendar
year. Tbe Agency shall adopt before June 1 of each year
a final budqet for t.he succeeding fiscal fe-ar setting
forth all ad.inist[ative, operational and capital
e~pense6 for the AgeDcy, together with the appo[tion.~nt
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of such e£penses b1 levy 19ainst each agency to the
ext.nt neces8~r1r The fiscal yeal shall be July 1 to
J'Une 30. 'the A;;ency .blAll nott fy and provide a COpt of
the propo.ed bu4get to each signatory agency thirty '30)
days prior to the adoption of the budget.
9 • SOIlNDAIU ES
The boundaries of the Aqency shall be the boundaries of
the County of Santa Clara;
10. ORGA.~IZATION
.1\. Board
The Aqency shall be governed by a Board of
Di[ect~rs which shall e~erclSE ~ll powe~s and
authority ~n b~half of the Aqeccy.
The Governing Board of the Aqency is empowered to
establish its own procedures. The Board .ay do any
and 611 things "ec~s6ar1 to carry out the purposes
of this Agreement.
B. Composition of the Agency Soard of Directors
The Board of Directors of this Aqency shall be
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com(i'O'Ied ot 12 mc.e-mbers representing the J'.embe t
agencies in the following aann,r,
Me.bel Agency Grouping Membets/Votes
1 s&n Jo,e S
2 Los ~lto. 3
Lo. ~I to; I'1i U.
Mountain Viev
:1',,1<> Aleo
Santa Clara
Sunnyvale
3 C".pbell 1
CUpertino
LOS aatos
Monte SerenQ
Salatoga.
C G11roy 1
l!!1pit ••
MOlqan iii 11
5 Santa Clara County 2
QalacoIporated Population
Santa Clara County Transit Oist(ict
Total Govetninq Board Meabets 12
c. Chairperson and Vice-Chairperson
The Agency Soard ~ill s~lect a Chairperson and
Vice-Chairperson fco& a.ong it •• eabers, by
o. Vote ~equir.d
An affiraative vote of seven of the ~gency Board
Me.hera reptf:senting Aeaber Agencies &ball he
~equired for the adoption of & finding of
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noo-confor.ance Yitb th~ Congeltion Man~ge.ent
proqraa. to adopt or a.end the congestion
Nanaqeaent proqraa, to adopt or amend the Agency
Budget, to levy feel or charges against Member
AgencIes and such an atfirmati~e vote ahall be
required tOt any other action except that
two-thirds affireative vote of the Agency aoard
Aembers sball be required to amend the aylaws.
E. fteetinqs of th~ Governing Board
(1) Re9~lar Aeetings
The Governing Board shall hold at least one
regular aeeting each quarter. The date. hour
and place at which each such regular meeting
shall be held Iball be fixed by the Governing
Board.
(2) Special fieetln~.
Special .eetings of the Governing Board May be
called in accordance vith provisions of lav~
(3) Notice of ~eetin9s
All .eetinqa of the Governinq Board shall be
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h~ld subject to the provisions of the Ralph M.
Brovn Act, b~ing 5ect1Q~' S4gS0 et seq. of the
GOY~Lnment Code, and other applicable laws of
the State of California ,~quir1nq notice of
aeetin9s of public bodies to be given.
(.t I Ilinutes
The Governing Board sball cause ainutes of all
.eetio9s to be kept and shall after each
meeting cause a copy of the .inute5 to be
forwarded to each .eRber of the Board and to
each "ember Agency.
15) QUorua
A aajority of the votes of the Governing Poard
5hall constitute a quo~u. for the tran5ac~ion
of business, except that less than a quo rom
aay adjourn ffoa ti~e to tiae.
r~ Bylaws
The Agency Board shall adopt such bylaws, rules or
regulations for the conduct of its affairs as .ay
be requlfed.
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G. Advisory Committee I
The congestion Manaqement Agency shall have the
follovinq standing ad~i8ory committees:
o Pollcy AdvisorY' COllU'llittee
Each grouping of CitIes iG to have an adviso~y
coaaittee co.priaed of one city council .e~er
fto. each city in the qcouping. It i5 mandatory
that e4cb advisory committee meet on a Ie9ulat
ba,1s with their teptesentative froa the CK
Agency Governing aoetd.
o Tecbnical Advisory Committee (TAC~
Th~ TA.C is to be com.posed of the -appropriate
technical staff .e_bers from the County,
cities. Transit District and tbe Tcaffic
Authority. The vote shall be one vote pet
entity wben a vote is necessary.
o Transportation Oeaand ~anagement Advisory
Council
There shall be an advisory council OD the
policies governing the Ttansport~tion Demand
Management ~TOA) Program and related activities.
The Council ~hall be composed of reprt!entatives
of the private sector and the eM Agency
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Governing Board. rh~ eM Agency Governin9 Poa~d
shall appoint the private sector representatIves
to the Council.
B. Other Comeittees
The Aqency Board .ay establish other co .. itt~es
necessary to eccoaplish its responsihilities under
this Agreement.
11. STAFFING
The Agency Board may appoint and retain .taff as
necessary to fulfill itl powers, duties ~nd
responsibilities u~~er this Agree.ent, including but not
liaited to appoint.ent of temporary or permanent staff.
12. RESTP.ICTIONS UPON EX£RClSB or POWER or THE SANTA CLARA
COUNTY CONG&STION ~G!M~ AG~CY
Tbis Agreement is entered into under the proviGions of
Governaent Code section 6500 et" seq. concerning jOint
powers agreements. The powers to be exercised hereunder
shall be subject to the restrictions upon the manner of
exercising those powe.s as limited by law.
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13. rUNDS, AUDIT AND ACCOUNTING S~RVICES
Pursuant to the requirements of s~ctton 6505.5 of the
Governaent ~ode, the Director of the Department of
Finance actIng as the Treasurer and Auditor-controller
of the County of santa Clata is designated to be the
depository and to have custody of all funds teoa
whatever source, and to pexfor& the folloving functions.
A. Receive and receipt of all .oney and place it in
the county Treasury of Senta Clara County for the
credit of the Agency;
B. Be responsible upon official bond for the
safeteepinq and disburse.ent of all Agency money so
held;
c. ray any sums due fxo. Aqe~cy .oner, or any portion
thereof, only upon warrants of the public officer
performinq the functions of con,roller who has been
60 designated pursuant to this Agreement;
D. providto .... ritten reports to the Agency at least once
a .onth of the amount of money the treasurer holds
for the Agency ~nd of the amount of receipts and
disbu(&ements sinCE the prior ~eport. Said reports
shall be made available to cont~actin9 parties to
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this A9reement upon t~quest~
E. 'The functions of audi tOt shall be performed for the
Agency by the Dir~ctor of the Department of Finance
of S~nta Clara County~ Tbe Director shall dray
warrants to pay demands against th~ Agency wben the
de2ands have been approved by the Governing Board
or by 6 person authorized by the Governing Board to
so approve.
The Director will eDsure that an audit of the
accounts and Lecords is perforaed et le~st annually
as required by ~ection 6505 of the Govern_ent Code.
Audits will be performed by the County Internal
Audit Pivision or by a contracted firm of Certified
Public Accountants. ~he .!nlaua 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 sball
conform to gene£allv accepted auditinq standards.
14. DISPOSITION OF AGENCY FUNDS UPON TERMINATION
A. In the event of tera1n.tioo of the Agency ~here
tbece is a successor public entity which ~ill C~t[y
on the act1vities of the Asency and assu.e its
obli9atioDs. Agency funds~ i~cluding any interest
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the Agency and after ~ayment of all obligations
shall be transferred to the successor publi~
."tHy.
B. !f there is no s~cce&sor public entity which would
carryon any of the activities of the Agency or
aS6uae any of its oblIgatIons, Aqency funds~
In~ludinq any interest earned on deposits,
remaining upon ter.ination of the Agency and afte~
payment of all obligations, shall be retucned in
proportion to the contribution of each local
jurisdiction durinq the term of thia Aqteemeot.
c. If there is a !UCCe5SO~ public Aqency which yould
undertake &o.e of the functions of the Aqency and
assume lome of its obligationa, A~ency funds,
in~luding any interest earned on deposits;
re.~lning upon tel.Inatton of the Agency and after
payment of all abligations~ shall be allocated by
the Agency Board between the successor publie
entity and Aembet Aqencies.
In the event that the Agency is terminated unde~
ci[cumstances fallinq within (b) or (c) above# all
decisions of the Agency Board with reg~rd to
deter.inatlons of amounts to be t[ansferred to
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me.bet 4gencies or any successor shall be final.
1S. PROCEDURE FOR eEC~ING A MEMBER OF THE SANTA CLARA
COUNTY CO.NGr:srION i'lANAGEMENT AGENC'i
All of the Member Ag~ncy signatories to this Agreement
sball be members of the Ager.cy~ Failure t~ become a
siqn$tory to tbis Agreement shall be deeBed to
constitute non-confor.ance with the requir~ment& of the
Congestion ~anage.ent P[09ra~. The Agency shall notify
the state Controller of the ~ember Agency's
non-confor.ance. Cities incorporated after the
effective date of this Aqree.ent aay boco.e .embers of
the Agency and bave ~.presentation to the Agency Board
by becoming Eiqnatoriel to this Agreement.
16. WITHDRAWAL AND TERKINATION OF "ENBERSBIP
A City .ay elect to withdraw from lhe eM Aqency by
9ivinq no 1 •• 5 than 90 days written notice. Any such
withdrawal shall be effective ~cly on July 1 of the
fi&cal year following the fiscal year within Yhich
notice of withdrawal is provided. Withdraval of
.e~bersbip fro. the eM Agency automatically constitutes
non-conformance with the require.ents cf the CMP. The
Governing Board shall notify the stete, Controller of the
vithdravin9 City's non-confor~ance.
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The ae.beL.hip of any Poember Agency vhich ceases to have
pov~rl in c~mmon with ttd contractfn9 parties to this
Agree.ent .hall terminate upon the occurrence of the
requislte events as specified in this section.
17. SPECIAL PROVISIONS
The Kember Agency siqnatories to this A1reement are
de6iroul of levying. fee for the purpose of defrayittg
the cost of preparing, .aiDtainin9. administering and
enforcing the CODqestloD ftanage.ent program. Therefore,
by their liqnatures hereon, the Member Agencies delegate
to the Aqency the po~.r to levy such a fee tor the
purpose of defraying the ,cost of preparing, maintaining,
ad.iniste,ing and enforcing the Conqestioe Management
Progr •• aDd other duties of the Agen~y as Ep~cified in
this Agreement. It 1s presumed that &uch fees vill be
paid frOB fuel tax subventions te local 90vern.ent
pursuant to Propo&it!on 111, which passed at the primary
election on June 5, 151510, and/or any other fun-:!a
avail.ble for the purpose.
Failure to provide its share of the" adopted fee to the
Aqency shall be deemed to constitute non-conformance
with the requirements of the congestion Management
frogr •• for the affected ~eabec Aqency. The Agency
20
shall notify the State controller of the ~ember Agency'5
non-ccnfor.ence.
18 • AlIEIIDl'I ENT S
This Agreeaent .ay be amended by tha affitsative vote of
the Boerd of Supervisors and a m~jority of the cities
repre£e~tin9 a aajoLity o( the population.
19. NOTICES
All Notices to Me.ber Agencies shall be dee~ed to have
been given when mailed to the gov~tnln9 body or each
CITY OF CAMPBELL CITY OF CUP!~TINO
By' ________________ __ By __________________ ___
Date Date
CITY or GILROY CITY or LOS ALTOS
By ____ _ BY ________________ _
Date [JiJte
TOWN OF LOS ALTOS BILLS Ta~'N or LOS GATOS
By ________________ ___ By ____________ _
Da.te Date
CITY OF lULPlTAS CITY or RONTE SEPENO
By
Date Date
22
,.......,
... _-/
CITY or MORGAN HILL CITY or MOUNTAIN VIEW
By ________________ ~~ __ ~1 ________________________ __
Date Date
CITY OF PALO ALTO ctTY or SAN JOSE
81' _______________ __ 8y __________________ __
Date Date
CITY OF SANTA CLARA CITY OF SARATOGA
8y ___________________ __ 81' ___________________ __
Date Date
23
o
CITY or SUNNYVALE COUNTY or Sk~TA CLARA
By ___ _ By, _________________ __
Date Date
COUNTY or SANTA CLARA TRANSIT DISTRICT
By, ____________ __
Date
.-,~ ,
Date:
To:
From:
Re:
./.
Agenda ltem tl1.c
M E K 0 RAN D U K
Jenuary 16, 1991
Govetning Board ~embe~s
santa Clara County
Congestion Manag~ment Agency
Councilmember Shirley Lewis
Chait, Finance Committee
Santa Clara County
Congesticn Management Agen~y
RecoRmended Funding Formula for CMA Budget
On January 14, 1991, the Finance Committee met to discuss
potential funding formulas for the COGgestion ~anagement
Agency. After consideration of alternative scenarios, the
CoaMittee unanimously a9reed to recomaend to the full Board
adoption of an interim funding formula that is based 5o, on
jobs, and 50' on new gas tax subventions. This funding
formula was previously adopted by tha TAC at their December
6. 1990 meeting. The funding fo~mula would apply only to the
Congestio~ Manage~en~ Agen~y's fiscal year budget and not the
Commuter Network as it is fully funded for the ~uc~ent fiscal
yea~ •
The Co •• ittee ~a.e to this reco~endation after a long
discussion on the current ambiguities that prev~nt the C~
from dete~miDin9 the level of funding necessary f~o~ member
agencies for the Commuter Netwo~k in the 1991-92 fiscal year.
These ambiguities revolve around twa key issues: 1) yhich
cities viII partiCipate in the Commuter Network, and 2) the
outcome of current leqislath'e efforts to fund portions of
the Commuter Network program through an increase in vehicle
registration fees.
Becaus~ the CMA will know the outcome of these two issues in
the Spring and the commuter Network is already funded though
FY 1990-91, the Ceamittee decided to delink the Commuter
Netvo[k and tecosmend an interia funding formula fo~ the CMA
oDly~ The Coaaittee also agreed to begin discussions on
appropriate fundinq fo~mulas for both the CMA and the
Co •• uter Network for the co~in9 years in ~arch and April of
1991.
fh1s inforaation is beinq
discussion purpo$es only.
funding fo~.ula will take
.eeting.
p~esented tonight tor reviev and
Final review and approval of this
place at the February 20, 1991
,
FY 1990·1991
The rollowlng matrix. summarizes the various revenue formula.s analyzed for Congestion M8n'QfoIment AOency funding.
On Oooember 6, 1990, tho Technloal Advl80ry CommiUo. reoommondod that the Governing Soard adopt Rovenue Formula
t4 (ahown highlighted below), whioh la b •• od 50% on Jobs, and 50% on new g.a tax sUbventiona.
County
Campbell $27,640 $16.883 $22,262 $25,619
Cuportlno $32,201 $19,669 $25,935 $36,065
Gilroy $23,7~ $14,534 $19,164 $20,131
Loa Altos $21,890 $13,371 $17,631 $15,765
Loa Altos filila $6,484 $3,960 $5,222 $4,486
Loa Gatoa $22,366 $13,662 $18,014 $18,917
Mllpltae $36,149 $23,302 $30,726 $37,081
Monte Sereno $2,744 $1,676 $2.210 $1,627
Morgan filII $19,987 $12,208 $16,097 $15,045
Mountain View $51,553 $31.490 $41,521 $57,540
Palo AltO $45.525 $27,808 $36,666 $61,474
San Jose $694,681 $363,244 $478,962 $450,970
Santa Clar. $13,126 $44,667 $58,896 $91,605
Saratog. $24,349 $14,873 $19.611 $15,843
Sunnyvalo
TOTAL
NOTE: Totals may not eXActly equa.l sum due ro Independent fOunding.
(l)Aev.nu. ftormula b ... d 01'1 populaUon.
(2)R.venu. Formul. baud on L.ag .... af Cltloe •• tlmaled 8ubventlons, !for 19&0-9". 011118 would contrIbute
approJillmately ,7% of their naw g .. tv: 'lIbvenlions.
(3)Aewnue FOfMula baaed 50% an popullitlott, and 50% baaod on t. •• gua 01 CIUa ••• timllted subvention •.
("')Revenue Formula baaed 50% 01'1 jobt. and 51)% ba •• d on Laague or Cltl .. 8slirnaiod lutwanUons.
(5)A ..... nu. Formul •• ba'J.d 33% on POPUI81~an, 33'14 on job!, and 33,.. on l . .ague on CIH,. 8ubY"ntiofl estimal.lI.
(6}R*venue FOCJrmul" baa8d 25% on population, 25". jobS, ana 50% on l.eague 0' Citias lubvuntlon 8sl]m8"s.
$23,466
$32,036
$16,7~3
$15,178
$4,358
$17,623
$33,684
$1,640
$14,349
$51,113
$53,164
$429,418
$80,021
$15,608
o
"
'\
,'0"
,',
i)
12/12/90 ,.'
•
Subvention Estimates
FOf .PO~ of eaIculating new gas w ~nfions. !he Congesllon Manaoe",enl A;ency jeMA,)
nas been u$ing Lngtl., Df Citifi • .;rlmsles "ho'llton to the kirt, below). However, newly ava3able
esllmatel from (he state contrclfar'1 office tor FY 90-9~ :.!1..:~ that aetua! MW gas tax
sl.J.bventions to 1M dtie.s and Clx.<nty al"~ ~Ohiioj than cwiginafty Pfojeeted (shown lc; lh. right,
beIOW)_ The eon'trOBr.'s 8stimatu 'DI" FY 91·93 Wi! nol be i!l\la~abIe untD spring, 1991.
LEAGUE OF cmes CONTROlLER'S 0FFlCE I
Camp" IIFf PorCoo POlluhUJ GIl &L Subwntfon Est SUbvention I Om.renee I
90·91 2.83 3.,850 $98,6U $111.520 $12.Bes
91·92 4.41 3.,850 $153.689
92·93 5.11 34.850 $178.084
93·94 5.78 34.850 $201,.33
94·95 6.27 34.850 $218,510
95·96 6.27 34.850 $218.510
96-97 6.27 34.850 $218.510
97·98 6.27 34.850 $218,510
98·99 6.27 34.850 $218.510
99-2000 6.27 34850 $g18510
Tot_I 51 942.888
ClJperUno FY PO<CaD POlutl.non Est. SubvenUon Est $ubvgntJon I Dlfferenee I
90·91 2.83 40.600 $114.898 $129.520 $15.022
92·93 5.11 40.600 $201.466
93-94 5.78 40.600 $234.668
94-95 6.27 40.600 $254,562
95·96 6.27 40.600 $254.562
96·97 6.27 40.600 $254.562
97·98 6.27 .0.600 $254.562
98-99 6.27 40.600 $254,562
99·2000 6.27 40600 $254562
Total S2.26345O
,
•
•
G%lro yFY
19°-91
91-92
92·93
19 3 .94
94-95
95-96
96-97
97-98
98·99
91/-2000
Lei. AJIOs FY
90·91
91·92
92-93
93-94
94-95
85-96
96-97
97·98
98·99
99-2000
LEAGUE OF ernes
pore... .PoDU1IUon
2.83 30,000
4.41 30,000
5.11 30.000
5.78 30.000
1.21 30,000
6.27 30,000
6.27 30,000
6.27 30.000
6.27 30.000
1.2 30 000
To.sl
pon::op ~ur.th"'1
2.83 27.600
4.41 27.600
5.11 27.600
5.78 27.600
6.27 27,600
6.27 27,eoo
6.27 27.600
6.27 27.600
6.27 27,600
6.27 27600
T01.!
Est.S_
$84.900
$132,300
5153.300
$173.400
$188.100
$188.100
,'88,100
$188,100
$188.100
(l88100
$1672 500
EoI. __
$78.108
5121,716
$141,036
$159,528
$113.052
5173.052
$173,052
$173.052
5173.052
$173 052
51~]00
$36.052
$41.774
$47,252
$51,257
$51,257
$51,257
$51,257
$51,257
.. / ..
o
CONTROUER'S ClFFlCE J
Eol Subvention I DUt.rene. I
$96,000 $11.100
EM SUbwndon 1 olrr .. r.nc.~
$88,320 $10,212
.Pi
90-91
91·92
92·93
93-94
94-95
95·96
96·97
97-98
98-99
99·2000
-.
." --/
LEAGUE Of' cmes
iPwCu PoplJlIUon
2.83 28.200
4.41 28.200
5.11 28.200
5.73 28.200
6.27 28.200
6.27 28.200
6.27 25.200
6.27 26.200
6.27 28.200
6.27 28200
Tol81
Est. Subvention
$79.a06
$124,362
$144.102
$162.996
$176.814
$176.814
$176.814
$176.814
$176.814
$176814
$1.572150
$212.121
i,245,791
$278.018
~OI.587
S301.587
$301.587
$3ll1.587
S301.587
$15.259
$17.681
$19.999
$21,694
$21.694
$21.694
$21.694
$21.694
CONTROLLER'S OFFICE I
Est Suby.ntJon I Olfr.rance ,
$90.240 $10.434
o
$111,132
$128,n2
$145,658
$151,00<4
$151,004
$158,004
$151,004
$158,004
$281!,65O
$332,150
$375,700
$407,550
$407,55C
$407,550
$407,550
$407,550
$~,I34
$293,314
$331,772
$359,898
$359,898
$359,898
$359,898
$359,a98
. i .
$I., Jose FY
90·91
91·92
92·93
93·94
94·95
95·96
96·97
97·98
98·99
99·2000
SOlra1og oFY
90·91
91·92
92·93
93·94
94·95
95·9.
96·97
97·98
98·99
99·2000
LEAGUE OF ernES
POO<:Oo
2.83
C.Cl
5.11
5.78
6.27
6.27
6.27
6.27
6.27
5.27
PorC ••
2.83
4.41
5.11
5.78
6.27
6.27
8.27
6.27
6.27
6.27
,-O'D'U:.Uon
749.800
749,800
749,800
749,
80 °1 749,aOO
749,800
749,800
749,800
749,800
749800
Total
Eet. Subvenilon
$2,121,934
$3,306,618
$3,831,478
$4,333,6«
$4,701,246
$4,701,246
$4,701,246
$4,701,246
$4,701,246
S4:701246
541 8013'50
$406,602
$471,142
$532,916
$578,094
$578,094
$578,094
$578,094
$578,094
pCouratJon Est. $ub'Ventlon
30,700 $86,8S1
30,700 $135.387
30,700 $1$,877
30,700 $177,446
30,7001 $192,489
30,700 $192,489
30,700/ $192,489
30,700 $192,489
30,70~j :192,489
30700 192489
Tolli $1711525
CONTROl..UR·S OFFICE !
Eel SUbV«ttlon I Oiff.r.f1c. I
$2,399,300 $277,426
Est Subvention r Dlffer."ee ,
$98,240 $11,359
$517.293
$599.403
$677.994
$735.471
$735.471
$735.471
$735.471
$735.471
• For •• flmated sulwentions kl 1fle County. th. eM ... has "sed MTC's I"0je<:Uons III at til. CooJoty
",ift receive 43.3% 01 Ill. Iotal funds subvoned \0 Santa Clara Count)' and its citie ..
san",~:~~=p~~~~~
$4,575.412
$5.301.668
$5.301.566
$5.301.686
$5.301.668
$5.~1.668
$5.301.686
$5.301.668