HomeMy WebLinkAbout0284.092: .~ '-;. -
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Jun~ 4, 1992
HONOAABIX CITY COUNCIL
Palo Alto~ ~alifornia
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RESOWTIQN OF SUPPORT FOR ~MPOSJTION. elF A SANTA CLARA CO:!JlrIX
LOCAL TRANSPORTATI9N AUTHORITY .1\ND .1·Ji~ ___ ~TA CLARA COUN~Y TRAfFIC
CQNGESTIQlLRELIEF AND TR}..NSl_1~_l:l~PBOVEMBNT PI.AN
Members of the Council:
REPORT IN BRI.EF
The attached resolution (Attachment 1) expresses tbe Palo Alto city
Council's support for: (a) the composition of a propo:;;ed Santa
Clara County Local Transportation Authority {and by implication:
the formation of such an orqa~ization}, and (b) the Santa Clara
County Traffic Congestion Relief and Trans.i t Improvement Plan
(Expenditure Plan), as well as implied support for a half-cent
sales tax ballot measure proposed to be submitted for voter
approval in thoe November 3, 1992 election.
A group nam~d the Citizen Coalition for Traffic Relief {tf1_e
Coalition) ~ consisting of the Santa Clara county Manufacturir-,g
Group and other business, labor a!'1d environmental groupSt has
developed the proposed approach (tonnation of Local Transportation
Author-ity, board composition, Expenditure Plan, and half-cent sales
tax) and has requested that all citi~g in Santa Clara county
consi~er and act upon this matter, at the present time~
Staff recommends that Cou~cil adopt the resolution as requested by
the Coalition, but ~ith the understanding that specific provisions
will be made t by the Local Transportation Authority ~ 'Whereby
revisions (adding/deleting projects) can be made to the approved
Expenditure Plan.
Several representatives froc the Coalition will be available at t_he
Coun-:::il meeting to provide information, and serve as. a resource for
Council discussion.
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BAClCGROOliD
Measure A is a half-cent sales tax: program tor ten yea~s that ·,'as
passed by Santa Clara county voters in NC"'ell'\ber 1984, tor specified
highway improv€-ments on Routes 85, 101, alnd 237. The Saiita Clara
Cou.nty 'l'ratfic 4~u'thori ty .,.as fermed to administer this program, and
~y all indica~ion$ has do~e so in a very positive mann~r in terms
of sensitivity, respon~iveness, professionalism, efficiency, and
achievement. Part ~f Measure A included a sun~et prDvision at the
end of ten years ~hereby the h~lt-cent sales tax ~ill terminate
April 1} 1995, and the Traffic Au.thority .... ill cease operations by
April 1, 1937.
In anticipation of the, eventual cessatior! of the Measure A half
cent sales tax (in 1995). coupled wit~ a recognition oi the need
for ~ubstantial additional funding for transportation projects (as
~el1 as a strong interest in assuring that Santa Clara county is in
a strong competitive position for federal, state and regional
trans:portation funding proqra-ms) / the Coalition ... as formed to
provide leadArship i:1 developing a strat.egy for pursuing needed
transportation improvements in Santa Clara Cour.ty.
PROPOSED STRATeGY
In January, the Coalition sponsored a poll which re-affirmed that
transportation is still the number one concern for Santa Clara
county residents, and indicated strong support for a new program of
transportation investment based on the Measure A model (i.e. h~lt
cent sales tax, specific transportation projects, specific period
of time, strong oversight body, mo~ey spent as pro~ised).
Subsequently, the coalition has de .. ~eloped a strategy which includes
the followinq:
a. Creation of an Expenditure Plan that incl1..:des a list of
specific projects for which revenues f.l: :] a future half-cent
sales tax: .-ill ':,e dedicated (local funding) and for whicn
federal, state, and regional fundi~9 participation 'Will be
pursued. The projects in the Expenaiture Plan include a
variety of rail transit, bus transit, and highway projects,
all of which are ~art of the recently approved Santa Clara
County Transpo,,"~ation Plan ,T-2010), Many of the proposed
projects include operational and maintenance components, as
~el1 a5 capital (physical construction) improvements.
b. Pr-oposition that a half-cent sales tax measure be submitted
for voter approval in the November J, 19-92 election. The
proposed sales tax ~ould begin only ~hen the current Measure
A sales tax expires in ~pyil 1995. It ~ould continue for a
period of 20 years/ and the revenue generated ... ould be
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dgdicated funding for
approved Expenditure
projected to generate
20-year period.
the specific projects included in the
Plan. The haJ f-c.o:nt sales tax is
$1.9 billion dollars o-.'er the proposed
FOL~ation of a Santa Clara County Lo~al Transportation
Authority (Authority) to ov:arsee the i!r'.plementation of
projects and expenditure of funds. The e$tablishment of a
Local Transportation Authority requires the approval of a
majority of the cities representing a m~jority of the County
population, ~nd a majorjty of the B~ard of Supervisors. the
Authority is intended to be formally constituted in mid
summer, in time to place the half-cent sales tax measure on
th2 November ballot. If the tax measure fails, the Authority
'Will terminate as of November 4, 1992 ~ rr the tax measlIre
passes, the Authority ~ill terminate on the later date of (i)
two years after the sales tax ceases (1-?95 + 20 rrs + 2: yrs =
2017), or (ii) .. ithin 180 da:fs after the completion ot the
capital projects listed in the Expenditure Plan.
d. composition or the Auttiority board is modeled after the
Measure A Traffic Authority. The proposal is that the
Authority is to consist o~ five voting members as follo~s:
• Dne member of the Santa Clara Count:.· Board of
Supervisors.
• TYo members representing the City of San Jose.
• Two members representing the other cities in 'the
county, one from the north .zone (LoS Altos, Los
Altos Hills, Milpitas, Mountain View, Palo Alto,
santa Clara, and Sunnyvale), and one from the south
zone (Carr.pbell, cupertino, Gilroy, Los Gatos, Monte
Sereno, Morgan Hill r and saratoga).
In addition, there \Will be five non-voting t!e:r-.bers; one from
each of the following organizations the SCC Transit
District, Tt-,e Metropolitan Transportation commission, the
Peninsula Rail Joint Powers Board! the sec congestion
Management Agency, and the Cal ifornia Department of
Transportation (Cal trans}.
The procedu~e that the Coalition has identified as appropriate for
moving fon.,'ard with its strategy is described in Attachment 2 (step
By Step Process), and includes the follo""ing~
1. City Councils, by resolution, approve the Expenditure Plan and
the proposed formation and composition of a Local
Transportation Authority.
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2. santa Clara county Board of
E~~enditure Plan and adopts a
creating a new Authority.
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resolut,>:'on
approves the
(A tta ch."'l!.ent 3)
3. Representativ€s are appojnted to the ne~ Authority.
,. ~n9 new ~uthority adopts the Expendit re Plan and passes an
ordinance (Attachment 4) setting forth certain procedural
msasures, a.nd reg\.1ests the Board of Super,,-isors to pla.n the
half-cent tax measure on the ballot.
5. Approved ordinance is sent to the Board of Super.....-isors to
request placement of the half-cent sales tax measure on the
Nover-ber 1992 ballot.
Staff has been advised that a sufficient number of cities,
incllJdtng San Jose, have alreadJl" approved the Coalition's pl'oposal.,
in o-rder to meet the 'majority of the. cities repre.senting a
majority of the population I req'..lirement for forming the Local
Transportation Authority (Step 1). Furthermore I the Board of
Supervisors~ earlier this week, passed the necessary resolution
establishing a Local Transportation Authority, and approved the
subject Expenditure Plan (Step 2).
%Ba1JES
Based upon a review of tl1e I imited information available, staff has
identified several issuP.cs as having SQ,'ne pertinence to Council
conside!."at.ion of this matter. However, the action:a already taken
by sufficient other cities, as well as the Board of supe-.rvisors.
certainly di.minishes the significance of these issues ~s the:r~
curre.ntly relate. to Palo Alto's ccnsideratio'L'l of this matter.
l~sue 1; Magnitude and Du.:.:c;.tiQDm __ of the Proposed Plan And Tax
The proposed Expenditure Plan and half-cent sales tax represent a
20-year package totalling so~e Sl.9 billion in local funding, and
an overall program estimated at about $3.5 billion or more. This
includes :most of the tral'lsi t recommendations and many of the
highway recommendations included in the Santa Clara County
Transportaticn Plan (T-20l0). While T-201D suitably repr-esents the
cur-rent consensus on transportatio~ need~ and solutions for the
county, it is unusual to make a project-specific, funding
commitment to all, or most, of what is included in a 20-year plan.
Normally, a 20-year plan serves as a framework within which 5 to 10
years of implementation projects are pursuea, ~ith the expectation
that during any given 2D-year period, changes in thinking,
approach I options, needs, or understanding could result in periodic
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changes to the plan. To assume that any 20-year plan is precisely
",hat shO'.lld be impleme.nted I presu.pposes a 1 e .... e 1 cf forecast
credibility in the plan de·.reloprnent process that surpasses factual
experience.
The magnitude and duration of the program are very significant and
represeZlt a major co:n:mitment to 20 yea.rs 'Worth of transportation
inve~tment for specific ide~tified projects, some o~ ~hich are very
conceptua.l in their developIllent. .!u., alternative approach 'Would be
to limit t.he t:-rogram "to a shorter period (ten years} even though
that would require seme difficult, albeit importa.nt, choices to be
ma.ie aonong the various projects" If the !'"!€cessarj' decisions to
reduce the project list to a shor~er period cculd not be aChieved,
then another alternc;.ti"Je 'Would be to inccrporate a pechanis!:l.
whereby revisions can be made to the Expenditure Flan~
From the current draft .. ording cf the proposed ordin.::mce
(Attachment 4}, which the Autho~ity is expected to approve. it
appears to be the intent of the Coalition to include p~ovisions fo~
maXing revisions to the Expenditure Plan. HO\ofever, the Coalitlon
has not incorpo::'ated any such consideration in the proposed "Wording
of the resolutions presented for approva.l by the cities and the
Beard of Supervisor$.
The projects h,cluded in the Expendituz'e Plan include a variety of
specific rail transit. bus transit l and highway projects. Thl:! list
of specific projects, and related reference maps, are included as
part of the attached resolution (Attachment l)" A categorical
summary of the Expenditure Plan is as follo~s:
Plan Element Projects S l-,.mount*
Rail Transit. 9 " 1.392,000,000 (73\)
Bus Transit 2 <; 271,000,000 (1<%)
Highway II ~ __ :?.42. f..QO. DOO (U%l
Total 22 $ 1,905,600,000 (100%)
• Dcllars are estiroated project costs in 1992 dollars and
represent local share necessary to leverage federal,
state, and r~gional funds.
The projects included in the Expenditure Plan that will directly
affect Palo Alto are the following:
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t3 Cal Train Ccmzr,.uter Rail -increased service (troD!. SO
to 100 trains per day), station improvements, and
~lectri.fication of tho;: line. The extension to
~Cwnt:O"",);l San Francisco is not included.
• By;;; Transit Element
'1 Super Express Commuter Bus Service express
corel!'.uter period bus service from neigh~ort.ovds to
employment centers, including Stanford Research
Park.
#2 Transit Service For Disabled seniors and Transit
Dependent transit/paratransit service for
disabled and handicap: ~d citizens which is planned
to replace Palo Alto's Project Mobility service
beginning in FY 94-95.
• Highvay Ele~ent
*2 Signal Synchronization Synchronization and
continuous monitoring of traffic signals on all
eight of the county's majo~ express~ays including
Foothill and oregon Expressways in Palo Alto~
The content of the Expenditure Plan is much different and more
cOl!l.prt!hensive than the Measure }. program I ...... hich included only
highway improvements. However, it does not include funding frr
projects such as expressway/arte:rial intersection improvements.,
Transportation Demand Management, bicycle and pedestrian
facilities. and other transportation elements that area also part ot
the county's T-2010 Plan~ and help to support efforts to meet air
quality regulations.
At the title of the Measure A propo~al, the Palo Alto City Council
voted not to support the measure (due in part to the fact that it
was an exclusive hiqhway program, and in part. to the belief that a
gas tax or other vehicle ownership/use related taX' was a more
appropriate mar.r.er to finance highway projects) ~ Since a vast.
majority of the Expenditure Plan {87 percent) i~ transit related,
and the precedent of using sales tax for transit already exists in
Santa Clara county, the basis for the e~rly Council position on
Measure A is not directly applicable to the current proposal.
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I$sue 4; FOrmat; on of a Ne' .... PubI i.~~.Q£Y:
'h'bile the qeneral perception regarding puhlic agencies tends to be
one of needing fe .... er~ rat.her than l!'.ore of them, the Traffic
Authority has been show-I"'. to be :3 very effective and efficient
mechanism for delivering completed projects in a timely and locally
responsive manner. When coupled ~ith the fact that the T~affic
Authority -,.,il1 t:&rminate, by la"", in 1997 ~ the form~tion of a
ei:milar rep!.acement agency to adr:".inister any next round of similar
locally funded t~ensp~rtation projects makes sense. The bene~its
of a single-purpose, local agency, represent.ative of all
jurisdictions, has bee~ shown, in the case of the T~affic
Authority, to be a good way to implement transportation projects in
Santa Clara county.
Issue 5: Composition of._p.L9pOsed Agency
The proposed composition of the Local Transportation Authority is
similar to the composition of the five me~er board of the Traffic
Authority. As 5uch, Palo Alto taIls into the north zone and is
represented, along with several other north ~one cities, by one
member of the bo,'lrd. The pl:·oportional representation per board
member-under this arrangement is as toll01oi:=;;:
population Members EQm!l~tipn/Member
San .Jose 750,000 2 375 1 000
North Zone 416,000 1 416~OOO
South Zone 193,000 1 193,000
County 105,000 1 105,000
By contrast the Congestion Management Agency board is comprised of
12 members, ';.lith proportional represe.ntati.on as follo'f(s:
E.qpulation Me]!tQ.er...,§. PODUJ .. 3.t ion/l1.l§!n'-p.sr
Group 1 750,000 5 150,000
Group 2 368,000 3 123,000
Group 3 138,000 1 138,000
Group 4 103,000 1 103:,000
Group 5 105,000 2" 105,000
• one member is from ths sec Transit District
Within the congestion Management Ag~ncy structure/ PalQ Alto is
inclUded in Croup 2. At the time of the formation of the
Congestion Mar-.agement Agency, the i::1sue of reasonably balanced
proportio~al representation ~as an important topic.
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While a tIlore balanced proportional representation tor the Authority
may ~e appropriate, st"]ff is not aware of any evidence that the
proportional representation irr.bedded in the Traffic Authori ty mode!
has cailged any significant problems, or that a more balanced
proportional representation 1,,!ould have functioned better.
eOXHAllY
The proposal put forth by the Citizen's coalition for Traffic
~elief inc h.l:dFl 5 fonnation of a Santa Clara County Local
Tt"ansportation Authority fashioneu after the Traffic Authority
model, a prQject specific Expenditure Plan totallin9 $1.9 billior:,
and a half-cent. sales tax :rn.easure for 20 years, to fund th.e
Exper.~it~re Plan.
Tbe projects included in the Expenditure Plan are taken from the
county's recently approv~d tran6po~~at1on plan (T-2010). Some of
th~ projects are ~ite ~ell defined and advanced in their
development, review and approvaL Others are quite conceptual, and
not well understood as to their feasibility and practic.lity.
Staff has concerns about the appropriateness o~ making a commitment
for 20 years worth of project funding and i~ple~entation fo~ any
type of projects, including transit projects. The probability of
su}:!stantial change, in tens of 'transportation I"_eeds and scll.lti ns
to address such needs, 'id thin a 20-year period and beyond, is real,
albeit not certain as to time and fonn.
staff beli~vE:s that either the progra1t'. should be scaled do'al11 to a
smaller set of projects over a shorter period of time (ten years) ~
or failing that# specific prevision shoula be incorporated whereby
revisions can be made to the Expenditure Flan. While it appears to
be the intent of the coalition to include in the oTQinance, to be
approved by the Local Transportation Authority, a provision for
making revisions to the Expenditure Plan, no such conside:-aticfl. is
included within the resolution presentlr bef·':!re the Council.
Alternative positions that t:he Council could tak.e~ incll.lde the
following:
a. Adopt the attached resolution as requeste.d by the Citizen
coal.itio!l for Traffic Relief, with no conditions,
b. Adopt the attached resolution as requested? with the
understanding that a specific provision will be incorpcr ~d,
by the Local Transportation Authority, whereby revi ,:ms
(adding/deleting projects) can be made to the appi~ved
Expenditure Plan, .?r
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c. Take no action on the attached resolution until modificati~ns
are made that include a scaled down program (a smaller set of
projects and a shorter period of time).
staff recommends that the Council adopt the attached resol"..Jtion
(Attachment 1J as requested by th~ citizen CoaJition for Traffic
Relief, but with the understanding that specific provisions will be
made, :by the Local Trarlsportation Authority, whEreby revisions
(adding/deleting projects) can be made to the approved EXlPenaiture
Plan.
MARVIN L. DV£RWAY
~~;f~du~_
Chief Transportation official
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KENNETH R. SCHREIBER
Director of Planning and
Community Environment
AssVstant city Manager
Attachments: 1. Resolution of suppcrt for-compost ion of Local
Transportation Authority and Expenditure Plan
including list of projects included in the
Expenditure Plan.
2. Step By step Process from Ccalition.
3, Draft resolution for sec Beard of Supervisor-so
4. Draft ordinar.ce for sec Local Transportation
Authority.
cc: Supervisor Dianne ~cKenna
Santa Clara county Manufacturing Group
(Gary Burkel Carl Guardino)
santa Clara county Transportation Agency
(Lawrence Reuter, J i:r, Lightbody)
Conge.stion Manageolent Agency (Michael Evanhoe)
Stanford University (A.'1drew Daty, Julia Freman)
Palo Alto Planning commission
Palo Alto Chamber of Commerce
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ATTACHMENT 1
RESOLUTION NO.
RESOLUTION OF THE COUNCIL OF ~T:::H~EO-::C"I"'1'Y or PALO ALTO
CONCURRING IN THE' COMPOSITIOI'i OF THE: MEMBEP.$HIP OF
A SANTA CLARA COUNTY LOCA.L TRANSPORTATION
1.UTl!ORITY, IF O"E IS FORMED BY TffE S!..'ITA CLAAA
CCU"tlTY BOARD OF SUPERVISORS, A.\ID APPROVING THE
SA.~TA ClARA COUNTY TRAF7lC CONGESTION P.ELIEF AND
TRANSIT IMPROVEMENT PLAN .AS THE CO\JNT'~
TRANSPORTATI01' EXPENOIT"<.1RE PLAN FOR TaE AUTHORITY
WHZREAS. a coalition of county civic, business, labor and
environmental organizations has proposed the formation within Santa
Clara cocnty of a local transportation authority {-A.uthority"')
pursuant to Division 19 of the California Public Utiliti~s code
(section 180000 et seq.). The proposal for the formation of the
Authority will be, or bas ~een, presented to the Santa Clara county
Board of supervisors for consideration and adoption, and
irrlEREAS, pursuant to Public utilities Code section 180051,
t..l-te memlJership of such an Authority must be concurred in by a
majority of the cities having a majority of the population in the
incorporatea area of the county; and
WHEREAS, pursuant to ~~blic utilities code section 18020~,
a COQ~ty transportation and expenditure plan designating the
proposed e.xpenditure cf revenues expected to be raised by the
Authority 2USt be approved by the Board of Supervisors ?nd the city
councils representing both the majority of the cities in the county
and a majority of the po'Pulation residing in the incorporated areas
of the county.
NOW, THEREFORE, the city cou~cil of the City of Palo Alto
does RESOLVE as folloWG~
SECTION'" 1. 1. In the event the Santa Clara county Board
of Supervisors creat.es in 1992 a transporta.tion Authority pursuant
to Division 19 of the Public utilities Code, the City concurs that
the membership of such an ~uthority shall be as follo~s:
A. The Authority shall consist of five (5) voting
members as follows:
1. One member of the Santa Clara County Board
of Supervisors appointed by that Board.
2.
Jose consisting of the
city Council appointed
Two members representing-the
mayor thereof and a member of
by the council.
Cit},; of San
the San Jose.
J. Two members representing the other ci ties in
the county appointed pursuant to section B.
B. The members representing the other cities in the
county shall be appointed in the following manner:
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1. The cities ~hal1 be di'Jided into t..-o 'Zones,
the north zone and the s0\..lth zone.
2. The r:or-th zone shall include the Cities of
Los Altos, Los Altos Hills, Milpitas, Mountain Vie~, Palo Alto.
Santa Clara end Sunnyvale~
). The south zone shall incl'..Ide the Cities of
Campbell, ~pertino, Gilroy, Los Cates, Monte Sereno, Morgan Hill
and Saratoga.
~. The mayors from the cities in each zone, by
~ajority vote, shall appoint one ~ayor or council ~ember from their
respective zone to serve on the Authority.
\.., There shall also be five nonvoting members of the
l'.uthority, e.ach of who'm shall t' .. ave. all the rights of a. voting
member except the right ~o vote, as tollows:
L One member appointed by the
County Transit District which is organiz.ed und-er
Division 10 of the Public U~ilities Code.
santa
part
Clara
12 of
2. One member appoint-:-d by the Metropolitan
Tra.nsportation Commission 'Which is organized under Title 7.1 of the
Government Code.
3. One me~ber appointed by the Peninsula Rail
Joint. Po .. ers Board which is organized under Division 16 of the
Public utilities Code.
4 • One member
Management Agency designated under
Title 7 of the Government Code.
appointed by the Congestion
Chapter 2~6 of Division 1 of
5. One member appointed by the Department of
Transportation.
O. An alte~nate may he designated ~or each voting
member of th~ Authority. 'I'he mayor of San Jose may designate an
elected official of San Jose to serve as his or her alternate. In
the case of any other voting member, the appointing local
government,s) aay designate an alternate elected Official to the
regular appointed member~ ~~en the regular member is not present
at the meeting of the Authority f the altern-31te may act as the
reqular member and shall have all the rights~ privileges~ and
responsibilities of the regular member.
E. If any voting xne1Dber ceases to be an elected
cfficial, that !!',eMer shall cease to be a JIlember of the Author-ity.
2. The Santa Clara County Traffic Congestion Relief and
Transit I~rovement Plan, a copy of vhich is attached hereto as
Exhibit "A" and incorporated herein by reference, is approved as
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the county transportation expenditure plan ~or the A~th~rity
purs~ant to Public Utilities Code s:ec:tion 180206(b) ~
SECTION __ ~. This r"!solution concerns thl:!! adoption of a
regional transPQrt~tion improvement program, and as such, has no
application to the California Environmental Quality Act C-CEQAW) I
in accordance with Section 15276 of the CEQA guidelines.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
city Clerk
APPROVED AS '1'0 FORM:
Senior Asst. City -Attorney
J
APPROVED:
----------------Mayor
city Manager
Director of Plannjng and
COmlllunity Environment
chief Transportation Official
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EXHIBIT A
EXPE.NOITJRE PL.'."
PROPOSED AND DEVELOPED BY THE:
CIT!ZENS COALITION FOR TRAFFIC RELIEF
The expen~iture plan consists of tr.ree transportation
elements~ rail transit, express bus transit, and high·..tays.
The specific projects ha.ve bee!". selected for their a1:li 1i ty to
alleviate traffic conge.stion, i..'T.ptove air quality, and
attract regio!lal, st.ate and federal funds to maxiJnize the
buying power of local dollars.
Each project in the plan is beneficial or;. its CWI'l merits, but.
is further enhanced as a pDrtion of the overall system of
transit and transportation improvements to keep Santa Clara
County residents, and workforce, moving.
The specific projects are as follows:
~ 'TR»lS~T ELEMEh"'1'
1. TkSMAN LIGHT RAIL EXTENSIOn
Description: Will Extend the c~rreut light zail system 12
miles from Milpitas to Mountain Vie ...... parallel to Highway
237.
Cost: $306 million for capital, opera~ion and mainten~nce4
2. FREMONT -SOUTH BAY CORP,IDOR
Description: OW"ill build a nm .. rail extension in Santa
Clara county t.o coru,ect .... i.th BART in Ala.\\cca County.
Cost: $99 million for capital, operation and maintenance.
3. CALTRAIN COMMUTER RAIL (OO'iol'NTOI<.'N SJI,N JOSE NORTH}
Description: Increase Cal-Train rail service by 65
percent, from 60 to leO trains per day, from dow~to~. San
Jose to San Francisco. This includes statiQn improvements
and electrification of the line.
Cost.:. $146 million for: capi.tal, ope:raticn i'.nd maintena.nce4
4. CALTRAIN Cot1!1UTER RAlL (DOWNTOWN SAN JOSE SDUT"rl)
Descr.iption: Increase planned frequency of service, from 8
to 16 trains per day, on the Cal-Train rail line from
dowIltown San Jose to Morqan Hill and Gilroy.
Cost: $37 million for capital, operatiQn and maintenance.
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5. VASON,\ LIGHT RAI L EXTENSION'
Description: Extend the current :It raiL line 6 Miles ~
fro"Tl downtown San Jose, through L .1pbell, to Los G~tos.
Cost: $165 million for capital, c,peratior~ and maintenance.
6. CAl'ITOL -OOWNTOWN EV'ERGREE...l.l F.AIL E..Y:TENS!ON
Description: This would cor.:nect. to the Tasman Light Rail
extension at 'Hostetter P"'jad. !n Milpitas\N<:>-r-t:.t; s~~~ Jo~e,
and extend rail 14 miles: through East San Jose and.
Eve~green, and then on to do~~town San Jas~.
Cost: $238 million for capital, oper~tion a~d maintenance.
7. STEVENS CREEY. RAIL EXTENSION
Description: This '3 mile rail line would ru..l'1 from dowr~town
San Jose, through Santa Clara~ to Cupertino, on or near
Stevens Creek Boulevard.
Cost: $260 million for capit.al, operation and maintenance.
8. SUNNYVALE -CUPERTINO RAIL EXTENSION
Description: This 4.5 mile line ',.Iould connect .... ith 'the
Tasman ligt1t rail line near Highway 231 <)"id Lockheed,
proceed throu'1h Downtown SunnY"'ale a.nd ort to Cupertino.
Cost: $140 million for capital, operation and maint~nance~
9. ALM>.DEN UFGRADE -OOVB LE TRACK
Description: This will doublctrack the 1 mile Al~aden
branch c·f trle existing Guadalupe light r-ail line.
Cost: $1 million for capital ccnstruction.
MASS BUS TR.\NSIT ~~
1. "SUPER EXPRESS" COMMUTER BUS SERVICE
Description! This will add 30 new buses and several new
rout~s to the IrSuper EJq::ress" bus system. Tl".e.se bus-es go
directly from neighborhoods throughout the Cow.ty to major
employment centers duz::ing comrn.ute r .. clJrs ~ a.nd are r.it;",e
competi tive with the automobile. Ne ..... · rO'..ltes to be served
shall include the following ma.jcr emplo·yment areas:
1. Stanford Park (Palo Alto): ~~ich includes Syntex,
Alza, He'..;lett Packa:rd~ IBM, Varian, Watk.ins Johnsen,
Xerox, and otheis.
t. Moffett (SUI1I;) .... Jale J: Which includes ESL, Martin
-
Marietta, Lockheed~ and others.
3~ Great 1>.rr.erica (Santa Cl~ra}: Which inchldes Intel.
synoptics, Adva~ced Micro Devices, siemens, Northern
Telecom and others.
4. Val1.co\De 1..Iiza (Cupertino): Which i~cludes He ..... lett
Pa~kard. Apple, Tandem, Mcasurex and c,thers.
5. Shoreline (Mt~ View); Which includes Silicon Graphics,
Alza. Sun Microsystems, E"ewlett Packa4'd and others.
Cost: $54 million for capital, operation and rnai~tenance.
2. TRJ.NSIT SERVI.CE FOR DIS.~L.ED SEN!CP.S M"D TR.A.NSIl' DEPENDENT
Des-:ription; TIlis service .... ill provide transit fo!:
disabled and handicapped citizens, as called for in the
"Americans with DisabilitiEs Act."
Cost: $217 million
HIGHWAY ELE-r.tENT
1 ~ ~J\SLTRE A E.NHA.~CEN.ENTS
Description: Enhancements to the "Measure Arl ,system's
strat.egic plan~
1. Improve the interchange at Highway 237\880
in Milpitas.
Cast: $76.9 million fo:= capita.l const.ruction.
2~ Improve the interchange at Highway 85\101
in Mt. Vie· ...
Cost:: $23.5 million for capital cons;:ruction.
J. Build interchanges on Higr.t...·ay 2.3i at Ma.ude ar:d
Micdlefield Roads in S'U.:'.n}"Vale a:1d Mt~ vie .......
Cost: $14.9 million for capital constructiGG.
4. Improve the jntercr.ange at Highway 85\87
in So. San Jose.
Cost: $13 million for c.a.pital construct.ioD~
S. Improve the interchange at Highway 85\101
in So. S.J.
Cost; $13 millic·n for capital construction.
6. Widen Highway 85 betwe~n Highway 237 and 101 In Mt.
View.
Cost: $3.3 million for capi.tal construction.
7 ~ Build a partial interchange at Highway 237 and
Lafayette Street in Santa Clara.
Cost: $2~5 million for capital construction.
L
A. Er.gi;:.ee:rinq Costs 3.nd Right-ai-Way reimb'lrse:men"t. tc
local juri~dictions.
Ccst: $41.5 millio~4
2. SIGNAL SYNCHRONIZA'1'ION
Des,:ript.ion: Synchronization and continuo\,,;.s rncn!~oring
of the traffic signal£' on all eight of the Count"_ r s major
expressways, us~ng video surveillanc~ from a traffic
operation~ control center: :Fcothill} Cer;t:ral l Lawrence.
San Tomas, Montague. CapitoL Almaden, and O:cegon. This
allolols signal timing to be adjusted to rr.inirnize congestion
during peak traffic hours.
Ccst: $13 million for capital, operatio:J. and maint.enance.
3. HIGW .... A:l 87 (GUADALUPE PARK.WAY)
Description: Upgrad.ing Route 87 r the: Guada:!o.lJ.pe Pad,;:way,
from a surface street to a freeway. between downtown San
Jose a.nd E1.ighway 1011 !:ly removin.g 4. st.cplights and
building a new access road to the San Jose International
Airport.
Cost.: $ 2-6 million for capi t.al co:-.struct.icn.
4. HIG:iW1<S 101 (BERNM. ROAD ro COCH?.);..NE. "ROAD)
Description: Currently, High· ... ay 101 llas 4 lanes of
traffic, each way. froln the San Mateo COUT.lty line 1.lnti 1
South San Jose at Ber:lal Road. near ISM. Eight miles
sou"th, at Cochrane Rc.:..d if'. M0rgan Hilll Highway 101
becomes 3 lanes each way. In between Bernal Road and
Cochrane, however ~ Higr:...;ay 101 is t ..... ·o lanes each way.
This will add one lane of traffic, each way. ever the 8
mi le stretch.
Cost: $15 million for ciipit.a1 const.r-ucti,::m.
Please note: Cos~s sited for a~l projects are based on 1992
dollars. Amounts listed are the 10':a1 share necessary to
leverage regional. state. and fede.ral f~~nds. Cost estimates,
adjusted for inflation for actual construction year dollars
eve%: the life of the prc,gra..on~ have bee!'!. re'Jiev.eo to enSU1'e
that project capital I operation and maintenance costs are
accurate. special emphasis has been placed C!"l developi~9 a
project list which woul,:j be complete1:t'" built dilring the life
of the program with projected local r regio;1al, state and
federal revenue.
Several steps have been taken to ensure pr-oject delivery.
These steps include:
L A conservati'.;e estima.te cf sales tax .revenue. "t1easure A"
L
e:::timated an a.'1nual increas.e in sale::;. tax revenue of 8
percent. This program is c'..lilt on a conse::vati ve e~timate
of 4.7 percent~ which is in-line with current and
projected revenue growth.
2, To ~nsure project d~live!y~ the dollar figures for
capital construction an~ based on a conservative estimate
of project costs.
3. "The pt'ogram 1 s intent is t.o bt.;.ild on a "Pay As You. Go"
basis. Debt service on bonds can decrease purchasing
powe:r by as much as 25 percent:.. Therefor::, it is the
stated intent of this program to only band for projects as
needed to maximize state and federal dollars, as they
become available.
4. Eac~ prcject has been selected~ in part~ on its ability to
successfully compete for stat.e and federa.l rnatchin.g fu.r-cis
to maximize the buying power of local dcllars. The
anticipate;::' am·::rt.lnt of state and. federal matching funds
huilt into the Expenditure Plan has b~en kep~ at a
conservative leve~, to ensure the project list will be
delivered during the life of the program.
file:explan.myc
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SANTA CLARA
COUNTY
" (7) Stevens Creek/ --\k.I,;:;H--il--,1
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Item nUlllber.' refer to the
list of the Hail Element
Citizens Coalition Pr("lpo~;'L
T2010
RAjl CORRIDOR pnJORrm::s
(, '0 '{','iH ('lim)
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RlIoS Tran~l[ Element of the Citi:tcns
Coalition l'('oposnL
T2010 BUS ELEMENT
LONG-TEAM nECOMMENDATIONS
11996~2000)
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map.
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Item (2), signal synchronization and
video surveillance of all county
expressw~ys. is not depicted on th;s
map,
.. ~~
hem numbers refer to the project
list of the Highway E!ement of the
Citizens Coalition Proposnl.
T2010 HIGHWAY FIAN
• •• •• AU.IIIM), Lilflfl~
• • •• Ad,1ed UHlf<S
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1.
ATTACHMENT 2
~ BY ~ PROCES.§.
City Councils; by resolution~ approve the exper.diture plan
and concur ~ith th~ proposed composition of the new Santa
Clara county I.,ocal Transportation Authority (o~ "Authority") ~
(The Sample city Council Resolution is attached)
rl. Based on the concu=rence of a majority of the Cit) councils
representing a majority of the County's population~ the Board
of Supervisors approves the expenditure plan ~nd adopts a
resolution which creates the new ·Authority~ If steps I and II
can proceed conc~rrently.
(Both the Expenditure Plan & Board Resolution is enclosed)
II!. The appropriate bodies appcint me~bers to the new "Authority"
as stipulated in Section 2 of the resolution to be adopted by
the Board of Superviso~s.
IV. The newly createQ "Authority" convenes and s~ts a ~~eting
date to formally adopt the expenditure ~lan and pass an
ordinance (prepared by the Citizens coalition) ~hich calls
for the ballot measure, creates a Citizens OVersight
Committee I stipulat€s the conditions by '" .. hich the Authority
shall conduct business, and requests ~~e Board of supervisors
to place the tax measure on the ballot.
(The Ordinance r prepared by the coalition, is attached)
v. The approved ord~nance, adopt~d by a 2/3 vote of the
IIAuthor-ity," is sent to the Board of Supervisors to request
placeoent of the sales tax measure cu the November, 1992
ballot.
tile:step.myc:
,~~::~i·
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,
DRAFT COUNTY OF SANTA CLARA
RESOLUT roll NO.
PREMBLE
ATTACHMENT 3
A. Since 1995 there has existed in Santa Clara Coun~y
the Santa Clara County Traffic Authority~ authorized and orga~lzed
under Division 13 of the Public Ut.ilities Code. The Traffic
Anthority levies a 1/2 of l' retail t.ransactions and use tax,
which tax will terminate as of April 1, 1955 pursuant to Public
Utilities Code section 140251. The Traffic Authority has never
been au~hor.ized to le~" a property tax.
B. The Traffic Authority will terminate on April 1,
1997, pursuant to Public Utilities Code section 140006.
c. The Traffic Authority serves an integral role in
financing highway capital improvements within the county to serve
State, reg-ional, j.ntercounty, and intrilcounty transportatior~
needs. The scheduled termination of th~ Traffic Authority and of
the sales tax which the Traffic Authority levies will eliminate an
important means for fulfilling such needs.
D. Because the termination of the Treffic Aut:lority , 6
sales tax will eliminate .an ass:lred, continuing source of revenue,
Santa Clara County henceforth will not be eligible for otherwise
available State and Federal funding for transportation projects!
which flli~ding is contingent upon assured sources of matching local
funds. By way of example of the significant losses in State and
Federal revenua which will be incurred if there are no matching
local funds J the County viII become ineligible in fiscal year
1992-1993 for an estimated $232 million in available matching
Federal funds, and $116 million in matching State funds, which are
1.A2/0/01ol :860-hrltl C:hrl R.uoll.lti<>rl
Dun OF 0'5/26/92
1.
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-.
, -:;;,""i..-_~
i-,;;..,,:"~ ;; __ '" _ " ,0"",
-
'0 i""'l
~O be allocated duri~q that fiscal year. Such losses will con~jnue
to be incurJ:ed within the County jf there is not. ~ substitute for
the Tzaffic Authority's aales tax.
E. The lo~s of local, State and Federal revenues would
result in significant adv~rse economic and environmental impacts
since tr~nsportation facilitie~ and services to meet existing and
future needs ~ill not be able to be provided.
F. To avoid such 3dverse consequences, a coalition of
county civic, business, labor and environmental organizations
drafted and submitted the propo'3al for tt-~is o-rdina,nce to the
County and other affected local jurisdictions as a means of
providing a mechanism to fend specific trangport~tion facilities
and services vithin the County upon the e~iratior. of the existing
sales tax and to continue local eligibility for State and Federal
funM.
G. Pursuant to California Public Utilit.ies Code section
180050, the Santa Clara County Beard of Supervisors may create a
transportation authority to carry out the provisions of Di·,1ision
19 (commencing with Section lBnCOOJ of the Public Utilities Code
{the -.Authority").
a. The citizens coalition also proposed and developed
the County Transportation Irnprovemen~ and Expenditure Plan
appended hereto (-Expenditure Plan~), in consultation with local,
county and regiona.l transportation agencies. The Expendit.'J.re Plan
identifi~6 transpor~ation projects to serve local, cou~ty and
regional transportation needs. The Expenditure Plan has been
submitted to the County and othe% xequiaite local entities for
consideration and adoption pursuant to Califo~nia. public UtLlities
1..A2/IoUIIi:a<iO-Sente Cl.r, Iluolyticn
Du.n CF O~/26/92
2.
} !,
,-I " I
I
!
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Code section 190206, ~hich requires that the Expenditure Plan be
approved by the Board of Super;isors and the city councils
representing beth a majority of the citi~s in the County and a
majority of the populaticn residing in the incorpor~ted areas of
the County, and adcpted by the Authority, before being presented
to the electors.
I. The Expenditure Plan provides for specified
tranBportatio~ facilities and services to be funded, in part, by a
retail transaction and use tax of one-half (lj2) of one percent
(1%). This tax will take effect only when the existing retail
transaction and use tax of the same amount now Lmposed by the
Traffic Authority terminates. Also 1 the ta~ will take effect only
if approved by a majority of the voters voting on the tax proposal.
J. It :Ls in the best interests of the reSidents of
Sant.a Clar~ County and of other counties in the I.-egion that the
transportation projects addressed in the Expenditure Plan be
implemented, and that there be continuity iI! the avai lab·!::! sources
of funding for such projects in order to prevent the irretrievable
10s8 of aval.lable Federal and State matching funds. 'I'.'l.e inter.t of
the resolution is to ~stablish an authority as proposed by the
citizens coalition to carry on the ~ork of the Traffic Authority
~fter its termination and to undertake other ~ransportation
projects.
NOW 1 THEREFORE I be it resolved that:
SECTION 1. CREATION OF LOCAL TRA.~SPORTATrON At~aR!TY.
1.1 There is hereby created the Santa Clara County Local
Transportation Authority ("Authority") pursuant to Pilblic Utilities
Code Bection 180050.
lA2f'o1Clol:I!60-S~"tol CLoI;-. Roesolution
DRAn O~ OS/26/92
3.
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o '1
SECTION 2, COMPOSITION OF THE AUTHORITY
2.1 The Authority shall consist of five (5) voting
me~~er! as follows:
2.1.1 One member of the Santa Clara county Bo;~d of
Supervisore appointed hy that beard.
2.1.2 Two members representing the City of San Jose
consisting of the mayor thereof and a member of the San Jo!e City
Council appointed by the council.
2.1.3 Two me~ers representing the other cities in
the county appointed pursuant to section 2.2.
2.2 The memberE representing the other cities in the
county shall be appointed in the following manner:
2,2.1 The cities shall be divided into two zones l
the north zone and tbe south zone.
2.2.2 The north ~one shall include the Cities of
Los Altos, Los Altos Hills, Milpitas, Mountain View, Palo Alto,
Santa Clara, and Sunnyvale.
2.2.3 The south zone ~hall include the Cities of
Campbell, Cupertino, Gilroy, Los Gatos, Monte Sereno, Morgan Hill,
and Saratoga.
2.2.~ The mayors from the cities in each zone, by
majority vote, .hall appoint one mayor or council member from
their respective zone to serve on the Authority.
2.3 There shall also be five regional representatives
who may sit as nonvoting members of the Authority, and ~ho may
attend, participate in and have the rights of the voting members
of the Authority at all public meetings and hearings, but without
any right to vote, appointed as follo~s:
U2~OOl~460-S"lt. U.(II R~loL ... tig.,
DIIMT OF C5!26!9Z
-'L
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2.3.1 One representative ~ppointed by the Santa
Clara County Transit District ' .... hich i'3 organized under Part. 12 of
Division 10 of the Public t"cil i ties Code.
2.3~2 One represent~tive appointed by the
MetropolLtan Transportaticn Co~ission which is organized under
Title 7.1 of the Government Code.
2:.3.3 One representative appoint.ed bj-4 the Peninsula
Rail Joint Powers Board which is organized under Division 16 of
the Public Utilities Code.
2.3~4 One representative appointed by the
Congestion Management Agency designated under Chapter 2.6 of
Division 1 of Title 7 of the Go?~rnment Code.
2.3.5 One represen~ative appointed by the
Department of Transportation.
2.4 An alternate may be designated for each voting
member ,=,f the Aut.hority. The .naycr of San Jose may ciesignat.e an
elected official of San Jose to serve as his or her alternate. In
the case of any other voting member, the appointir.g local
qovernment(s) may designate an alternate elected official to the
r6~~lar appointed member. The alternate's elected official term
of ~ffice shall he the same a~ that of the regular member. When
the regular member is not present at the meeting of the Authority,
the alternate may act as the regular member arld shall have all the
rights, privileges, and ~espon51bilities of the regular member.
2.5 If any voting member ceases to be an elected
otficial# that member shall cease to be a member of the Authority.
U2/,"O\l;1!60 4 $lntl t(iIoroil ~uot .. tit;)."1
CUFT OF O~/i26/92
5.
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SECTION 3. TERM OF OFFICE
3.1 '.except as provided in section'. ~ lind except fer the
mayor of San Jose who shall be a member ~o ~ ng as ccc~pying the
office of mayor, the yoting members of the Authority shall ser.re
for a te~ of two years.
3.2 At the first meeting of the Authority. three of the
voting re~mber6 shall be selected by lot to serve te~B consisting
of t.he remaining-months of the current ca.lendar year, if any, plus
two yeazsl and the remaining two voting members shall be selected
by lot to serve a term consisting of the remaining months of the
current calendar year, if any, plus three years~ Thereafter,
appointments for all members shall be for t~o year terms,
beg inning on January 1.
O,CTTON 4. PO~~RS AND nL~rES
4.1 The Authority shall have all such powers authorized
under or by statute or law.
SECTION 5. TEP~INATION OF AUTHORITY.
5.1 The Authority shall terminate as of November 4, 1992
if i5 retail transactions and use tax measure submitted for voter
approval at the election to be held 01'. Nc,ve:nber 3, 1992, should
fail to receive a majority vote of the electors voting thereon.
5.2 The Authority shall close its affairs and be
terminated on the later date of Ca) two years afte~ the Authority
is no longer authorized to levy a retail transactions and use tax
approved by the voters, or (b) within 180 days after the
completion of the capital projects listed in the Expenditure Plan,
as such plan may be amended from t~.e to time, end upon retirement
of all the bonds authorized to be issued by the Authority.
LAl!'l£)I/:.60·s ..... u Cl'~' lIIelool .. tio"
D-flAFT aF OS/Zt./'92
6.
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o
SECTION 6. APPrtO'/AL OF EXPEND I TUF.E PLAN.
6~1 The Expenditure Pla~ is hereby approved pursuant to
Public Utilities Cede eection 180206(b).
SECTION 7, SEVERABILITY.
7.1 If any provision or application of this resolution
is held to be invalid, the invalidation sh~11 not ~ffect the
validity of emy other prevision or the application of the
resolution in other situations.
1 •
LoI.2/WD .. :i560-S.nt. <=l .. ·• 1eE(llUt'ion
OIlAFT OF 05j26j9(
•
__ ~~.I_~ ~."", ..... _ ..
o
SANTA CLARA COUNTY THANSPORTArIQN AUTHORITY
DRAFT
PREA.lItB!.E
ORD! NA..~CE NO. 1 ArrACHMENT 4
A. Since 1985 there has existed ~~ Sant~ Clara County
the Santa Clara. County Traffic Authority, a.uthorized .and orqanized
under DiviSion 13 of the Public Utilitie~ Code. The Traffic
Authority levies a 1/2 of 1\ ret.osil tr.3.nsa.ctians and use t4X,
which tax ~ill terminate as of April 1, 1995 purs~ant to Public
Utilities Code section 140251. The Traffic Authority has never
been authorized to levy a property tax.
B. The Traffic Authority will terminate on April 11
3.997 1 pursua.nt to Public Utilit.ies Code section 14{)006.
C. The Traffic Authority serves an ir.tegral role in
financing highway capital improvements ~ithin the county to s~rve
State, regional, intercounty, ~nd intracounty transportation
needs. The scheduled termination of the Traffic Authority and of
the sales tax which the Traffic Authority levies will elLminate an
important means for fulf~llinq such needs.
D. Because the termination of the r"::affic Authority's
sales tax will elLminate an assured, continuing sou~ce of revenue,
Santa Clara Coun~y henceforth will not be eligible for otherwise
available Sta~. and Federal funding for transportation projects,
~h~ch funding i_ contin~ent upon assured sources of matching local
funds. By vay of example of the significant losses in State and
Federal revenue 'Which .. ill be incurred if there a;r-e no matching
local funds, the County will become ineligible in fiscal year
1992-1993 for an estimated $232 million in available matching
Federal funds, and $116 million in matching State funds, which are
1.. ... 2I\1Dt1: 161 ~ Tr-Irapol'tol t ; on Aut""'" ; t l'
Du.n OF O~/i!6/'i'2
1.
--~-----------------
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to be allocated during that fiscal year. Such losses will continue
to he incurred within the County if thero is not a Bubetitute for
the Traffic Authority's sales ta~ .
.E. The 10515 of local, St!lte and Federal reV09nuag 'Would
result in significant adverse ecrynomic a environmental Lmpacts
!ince transportation f~cilities and services to ~eet existing and
future needs will not be abl~ to be provided.
F. To avoid such adverse consequences# a coalition of
county civic# business, labor and environmental organizations
drafted and submitted the proposal fer the creation of this Santa
Clara County Local Transport~tion Aut~ority to the County ~nd
other affected local jurisdictions as a means of providinq a
mechanism to f'~d specific transportation facilities and services
within the County upon the expir3tion of the existing sales tax
and to continue local eligibility for State and Federal funds.
G. Pursuant to California Public Utilities Code section
180050, the Santa Clara County Board of Supe=vis~r5 has ~re4ted
this Santa Clara County Local Transpcrtation Authority to carry
cut the provisions of Division 1.9 (commencIng with Secticn 180000 J
of the Public Utilities Code (the ~Authority-}.
H. The citizens coalition also proposed and developed
the Santa Clara County Tr~ffic Congestion Relief and Transit
Improvement Plan appended hereto ,-Expenditure Plan-) in
consultation with local l county and regional transportation
agencies. The Expenditure Plan identif~es transportation projects
to serve local, county and regional transportation neede. The
Expenditure Plan has been submitted to the County and other
requisite local entities for consideration and adoption pursuant
U,'VWOIol,36,-Tr-I"1Ipertltiorl Autno..-i t)'
D~4FT Of 05!26!9~
2.
-
to california Public Utilities Code section 180206, ~hich requires
that the Expenditure Plan be approved by the BOdrd ot Sup~~~isors
an:! the city councils rasp=esenting both a majority of the cities
in the County and a majority of the population residing in the
incvrporated areas of the County. and adopted by the Authority.
~£ore being p~e5ented to the electors.
I. The Expenditure plan provides for specified
transportation facilities and services to be funded. in part. by a
retail transaction and use tax of one->,.alf (1/2) of on~ percent
(1'). This tax wLll take effect only when the existing retail
transaction and use tax of the same amcunt now im~~sed by the
Traffic Authority terminates. Also, the tax vill take eff~ct only
if approved by a majority of the voters voting on the tax proposal.
J. It is in the De5t interests of the residents of
Santa Clara County and ot other counties in th~ region that the
tr~"~portation projects ~ddzessed in th~ Expenditure Plan be
implemented., and that there be continuity in the available sources
of funding for such projects in order to prevent the irretrievabla
loss of available Federal and State matching funds. The in~ent of
the ordinance is to establish an authority as proposed b:~r the
citizens coalition to carry on the work of the Traffic Authority
after its termination and to undertake ot~er transportation
projects.
SECTION 1. TITLE
This ordinance shall be known and may be cited as the
Santa Clara County Local Transportation Authority and Improvement
Ordinance.
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SECTION 2. SUMMARY
This Ord.i,nance provides for the establist>.ment and
implementation of a retail transac~lon and use tax (the ~Rp.tail
Tax·) at the rate af one-half (1/2) of one percent (1%) for a
per!od of t~enty yea=s (20) commencing April 1, 1995; for the
expenditure of the Retail Tax proceeds for tr~nsportation projects
as specified in the Expenditure Pla~ to be approved by the voters;
and for the Authority to issue bonds for transportation purpo~e$.
SECTION 3. IMPOSITION OF RETAIL TRANSACTION AND USE TAX.
3~1 Subject to approv'al by the electors, the Authority
hereby imposes, in the incorporated ~nd unincorporatsd territories
of the County, in accordance with the provisions of Part 1.6
(commencing with Section 72511 of Division 2 of the California
Revenue and Taxation c.ode and Di·,fisiol"'~ 15 (coIr.mencing with Section
180000J of the California Public Utilities Code, the Retail Tax at
the rate of one-half (1/2) of one percent (1%) f~r a period of
twenty years (20J commencing April 1, 1995~
3.2 The Retail Tax shall be in addition to any ether
taxes imposed by law, includinq any existing or future stata or
local salee tax vr transt'.ction and 11$6 tax, but excluding any tax
imposed pursuant to Division 13 of the Public Utilities Code. The
provisions of California Revenue and Taxation Code sections 1261
and 7262 are hereby incorporaLed by reference as if fully set
forth herein.
3.3 Prior to the date the Retail Tax is imposed, the
Authority shall contract with the California State Board of
Equalization (the ~State Board of Equalization~) to perfo~
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functions incident to the administration and operation of this
Orc.inance .
SECTION 4. BONDING AUTHORITY
4.1 Upon approval by the electors of the ballot
proposition described in Section It herein, the Awthority shall be
smpowered to issue bonds (the "Bonds") beth prior to and after the
effective date of the Retail Tax, pursuant to the provisions of
Division 19, Chapter 6, of the California P~blic Utilities Code,
for capital outlay purposes described in the Expenditure Plan.
The Bonds ahall be payable from revenues generated by or from the
Retail Tax or any other sourc~s of re· ... enue. The pledge of Reta.il
Tax revenues to repay the principal premium, if eny, and interest
on the Bonds and any credit enhancement or administrative fees
related to the Bonds shall be superior to any other use of th~
Retail Tax revenues e:xcept to pay the State Board of Equalization
its admlnLstrativ~ fees and costs and except as otherwise prov~ded
by resolution of the Authority.
SECTION 5. L~IL!ZATION OF REVE~~.
5~1 The specific projects and programs to be implemented
pl.;;.rsuallt. to this Ordina!'lce a.re those described in the Expenditu=e
Plan. It is the inten~ of this Ordinance that no Revenue Ta~
revenues shall fund any operating or maintenance project whose
cost is now r or in t~le past has been, borne by the Santa Clara
county Transit District ..
5.2 All of the gross revenues generated from the Retail
Tax plus any interest or other eQrnings thereon (collectively, the
~Retail Tax Revenues") after deduction of amounts payable to the
State Board of Equalization pursuant to Section 3.3 hereof and
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after deduc,tion of costs for the adJ"l.inistr3.tion of the Expenditure
Plan as ~rovided herein and cubject to the provisions of Spction 4
hereof, shall be e~~nded only for the tran8portatio~ projects and
programs described in the Expenditure Plan unless the Authority,
after 4S days' nottce and an opportunity for 4 public hearing,
finds by a majority vot~ 3S follows:
(1) The capital projects identified in the
Expe~diture Plan have been completed.
(2) Any of the capital projects which are not
completed, cann~t be completed within a reasonable time due to
legal or o~her constraints.
5.3 Retail Tax Revenues may be expended by the Authority
for salaries, wages, benefits, overhead I auditing, legal and
those services, includi~g contractual services# neceSB~-V to
administer the f1scal aspects of this Ordinance; howev&r, in no
c~se ahall the 4nnual expenditures for the salaries and henefits
of the members and staff of the Authority exceed ~na percent {l'J
of annual Retail Tax Revenues.
5.4 The following safeguards are hereby established with
raspe~t to the U8e of Retail Tax Revenues and Bond proceeds:
~.4.1 A transportation trust fund {"Trust Fund-)
shall be est4bliahed to maintain all Retail Tax Revenues.
;.4.2 Interest earned on the Retail Tax Revenues
deposited into the Trust Fl"ood sha.ll be maintained in the Trust
Fund and added to the Retail Tax Revenues for purposes of
disbursement pursuant to this Ordinance.
5.4.3 Timelines shall be established by the
Authority for each major project detailed in the Expenditure Plan
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and quarterly reports on meetin9 these timelines shall b~ brought
before the Authority i.n public meetings. dnd provided 'Co t:!".e
members of the Citizens Committee pr~vided for in Section 8.
5.5 I~ is the intent of this ordinance and of the
Le9islature as set forth in Public Utilities Code section lS001{eJ
ar~d 180200 that the Retail T~x R.:s.venue6 be uSed to supplement dnd
not replace existing local revenues being used for transportation
projects and proqrams. All local jurisdictions end sp~cial
jurLsdictions in the County are encouraged to seek all available
fundinq from private and public sources to further the purposes of
the Expenditure Plan.
5.6 No Retail Tax Revenues shall be allocated fo~ any
State transpo~tation projects until the Authority has ~ertified
that S4nta Cl,ra County is receiving at a mir.Lmum its fair share
of transporta~ion funds from the State. The determination of fair
share shall cons ider all rele-"ant factors including the degree to
which Santa Clara County is receiving its statutory county ~inimum
funding. The policie~ and project approval actions of the
California Transportation Commission and CALTRANS ~ill also be
reviewed to ~nsure that Santa Clara County is receiving full
consideration in the allocation of any additional uncommitted
State and Federal hi9hw~y funding. Part of the certification
ehall ~nclude a finding that the State has not reduced any state
high~ay fund allocations to Santa Clara County as a result of the
addition of any local Retail Tax Re\"'enues ~ The certification
shall be ~ade annu~lly~
5.7 If the Authority finances the construction of
transportation facilities by the issuance of bonds cr any similar
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ftnancing device, the Authority shall fi~st ~llocate the funds
necessary to meet ~:l debt service requ~r€ments pzior to making
any other disbur~ement of funds.
5.8 while maintaining ultimate responsibility for
overall cost, scope, and sch~dulinq, the Autho~ity shall not
expend any funds on the design C,II construction of tho? fcllo'.iinq
facilities identified in the Expenditure .Plan Ulltil an agreement
has been executed by the Authority and the State providing that
{ij the facilities., including project development and overall
project management, shall be the joint responsibility of the
Authority and the S~ate, and (ii) once such facility or usable
portion thereof is ccnstruc~ed to &t least minimum State standards,
the Aathority ahall release its interests in such facilities to
the State which thereafter shall be responsible fo~ the
maintenance and operation thereof: (A) Measure A Enhancements;
(B) Highway 67 (Guad~lupe ParkwaYJ; (C} Hiqhway 101 (Bernal Road
to Cochrane Road) 4
549 While maintaining ultimate responsibility for
overall cost, scope, and scheduling, the Authority shall not
expend any funds on the design or construction of the following
facilities ident.ified in t.h.e Expenditure plan until an agreemo;,nt:
has been executed by the Authority end the Peninsula Rail Joint
Powers Board providing that (i) the facilities, including project
development and o¥erall project management, ehall be the joint
responsihility of the Authority and said board, (ii) operating
costs shall be maintained ~ithin specific parameters negotiated
between the Authority and board, and {iii) upon termination of the
Retail Tax, the Authority shall release its interests in such
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facili ties to said board which th9reat"ter sha] 1 be respo!!sible for
the maintenance and ope.r.atlor'~ tr.ereof: CAl caltrain Commuter Rail
(Downtown San Jose North;; (B) Cal train Ccmm~ter Rail (Downtown
San Jose South).
5.10 'While maintaining ult':'mate responsj bili.ty for
overall cost; scope, and scheduling, the Authority shall ~ot
exper'ld any fur.ds on the design or construction of the following
facilities identified in the Expenditu:::-e Plan until an agreement
h~s been executed by the Authority and the Santa Clara County
Transit District providing that (i) the f~cilities, including
proj~ct d~velopment and overall project management, sh~ll be the
joint responsibility of the Authority and said dis~rict, (i1)
operatinq costs shall be maintained within specific parameters
negotiated between the Authority and district, end (iii) upon
termination of the Retail Tax, the A~thority shall release its
interests in such facilities to said district which theresfter
shall be responsible for the maintenance and ope~ation thereof:
(A) Tasman Light Rail Extension; (B) Freemont-South Bay Corridor;
(C; Vasona Light Rail Extension; (D) Capitol-Downtovn Everq=een
Rail Extensior,; (E) Stev.;:!ns Creek Rail Extension; (F) Sunnyvale
Cupextino Rail Extension; {G) Almaden Upgrade-Double TracK; (H)
Super Express Commuter Bus Service; (I) Transit services for
Cisabled Seniors and Transit Dependent.
5.11 While maintaining ultimate responsibility for
overall cost, scope, and scheduling, the Authority shall not
expend any f~nds on the design or construction of the following
facilities identified in the Expenditure Plan until an aqreell'.ent
has been executed by the Authority and the Santa Clara County
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T~ansportation Agancy providing that (1) the facilities, including
project developmen.t and overall pr-;:,.ject tndnagel!lent, shall be the
joint reeponei.bility of the Authority and said agency, 'i1 1 upon
termination of the Retail Tax, the Authority shall release its
interests in such facilities to said agency which there~fter shall
be r~eponsible for the maintenance and operation thereof:
(Al Signal Synchronization.
5.12 In the event EART is the preferred and selected
alternative in the Freemont/South Bay Corridor after complet.ion of
an alternative analysis as required by the Federal qo~ernment, the
Authority, while maintaLning ultiE.ate responsibility for overall
cost, scope, and scheduling, shall not expend any funds on the
design or construct~cn of the following facilities identified in
the Expend.iture Plan until an agreement. has been execu.ted by the
Authority and B.~T providing that (i) the facilities, including
project de-"elopme;nt and overall project. management, shall be the
joint responsibility of the AuthQrity and BART, (ii) operating
costs shall be maintained within specific parameters negotiatea
between the Authority and BART, and (iii) upon terudnation O~ the
Retail Tax, the Authority shall r-elease its interests. in such
facilities to said agency which thereafter shall be responsible
for the maintenance and operation thereof: (A) Freemont-South Bay
Corridor.
SECTION 6. ANNUAL APPROPRIATIONS LIMIT
6.1 Pursuant to Section 4 of Article XIIIB of the State
Constitation, the appropriat~ons limit for the first year of the
Authority is established at $110 million.
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6.2 Such appropriaLions limit shall be subject to
adjustment as provided by law, and all expenditures of Retail ~dX
RevenueS are 3ubject to such appropriations limit.
~ECTION 7. OPERATION OF THE AUTHORITY.
7.1. The Atithority o!t its first meeti.ng, and thereafter
~t the first meeting held after January 1 of each calendar year,
shall elect a chairpers~n who shall preside at all meetings, and a
vice chairperson who shall preside in his or her absence. In the
event of their absence, or inability to act, the me~bers present,
by an order entered in the minutes, st.all select one of their
members to act as chairperson pro te~pore, who, whiLe so acting,
shall have all of the authority of the chairperson.
SECTION S. CITIZENS OVERSIGHT COMMITTEE.
S.l A citizens co~~ittec (the ~Citizens Committee-) is
hereby established for the purpose of overseeing compliance with
the Expenditure Plan. The C~tizens Committee shall be organized
and convensd before any Retail Tax Revenues are collected pursuant
to the Ordinance.
8.2 The Citizens Committee shall consist of
nineteen (19) members. The compositiou of the Citizens Co~~ittee
membership shall be subject to the following:
8.2.1 One member shall be the Presid~nt of the Lorna
Pr~eta chapter of the Sierra Club.
8.2.2 One number shall be the President of the San
Jose Metropolitan Chamber of Commerce.
8.2.3 One member shall be the President of the
Santa Clara County Kanufacturinq Group.
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One member ehall be the Executive Director of
the santa Clar.a County Central Labo~ Council.
8.2.5 One meIn.bcr shall be apPointed by Ule
Metrcpolitan Transportation Commission.
S .. 2.6 One me:r.ber sha.ll be selected by the Peninsula
Rail Joint fowers Board.
8.2.7 One member shall be selected by the Santa
Clara County Transit District.
e.2.e One member shall be selected by the Santa
Clara County Congestion Management Agency~
8.2.9 One member shall be the Executive Director of
the Greenbelt Alliance.
8.2.10 Ten at large members, two from each of the
Coanty's five supervisorial districts, shall be selected as
provided in Section 9.3.
8.3 The ten at large members of t:tu: Citizens Committee
shall be selected and appointed in accordance with this section.
8.3.1 The Authority shall contract with the Santa
Clara County Grand Jury for the formation of a committee
membership reccT~endation panel (the ~panel·) to perform the
dutLes set forth in this section. If the Santa Clara County Grand
Jury refuses or fails to act in such capacity, the Authority shall
contract with another independent organization selected by the
Authority for the formation of the Panel.
8.3.2 The organization contracted by the Authority
shall form a five (5) member Panel to screen and recommend
potential candidates for Citizens Committee membership in
accordance with this Section 8.3.
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8.3.3 The Panel shall be charged with soliciting,
collecting and reviewing aPt-'lications from potent.ial candidates
for membership on the Citizens Comlnitte~, No c'.Jrrently elected or
appointed city, district, countys state cr federal official will
be eligible to serve as an at large rne~Der of the Citizens
Co~~ittee. Subject to the foregoing restriction. ~he Panel shall
evaluate each ~otential candidate on the basis of the following
criteria:
aj COmIl'1.itme:1t and ability to part.icipate in
Citizens Committee meetingsi
b) Demonstrated int~rest and history cf
participation in community activities, with special
emphasis on transportation-related activities; and
c) Lack of conflicts cf interest with respect
to the allocation of Retail Tax Revenues ~
e. 3,4 The Panel shall rscomltl.end to the Aut.hority at
least three (3), and no more than five {5), candid~tes from each
supervisorial district for initial membership on the Citizens
Committee. Thereafter, the Panel shall recommend to the Authority
at least threa (3), and no more than five (5), candidates for
filing each vacancy on the Citizens Committee.
8.3.5 One at largE member from each supervisorial
district initially shall be appointed for a term of two (2) years
commencinq from the next July 1 to occur; and one at large member
from each superyiscri.al district initially shall be appointed for
a term of one (1) year commencing from the next July 1 to occur.
Thereafter, all Citizens Committee members shall serve a two year
term, provided, however, that any new member appcinted to replace
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a rnamber who has resigned or beer. ramoY6'd shall serve only the
balance of such member's unexpired term, unless reappointed
thel."'eafter.
8.3.~ The Authority shall pl~ce the names of the
c~~didates recommended by the Panel on e~al1y-sized cards which
shall be aeposited randomly in a container. In public eession l
the chairman of the Authority will draw 4 sufficient number of
names from said container to allocate Citizen6 Committee
membership in the order of names drawn, as follows:
a) The first person whose name is drawn from
each 6upervisorial district shall be appointed to serve a
two year te~ until all two year terms have been
allocated.
h) After a candid~te from a supervisorial
district is appointed to serve as a Citizens Committee
member, the next person from th9 district whose name is
drawn shall be appointed to a one year term.
8.3.7 Vacancies on the Citizens Con~ittee, however
caused, shall be filled by the AuthorLty in accordance with this
Section 3.3. Said vacancies shall be filled a~~ally on or aboct
July 1 to replace members ~hos~ terms are expiring, and at such
other times as are necessary to replace membero who have resigned
or been removed.
8.4 An alternate may be selected for each member of the
Citizens Committee designated in Sections 8.2.1 through 8.2.7.
A ~ember designated in Sections 8.2.1 through 8.2.4 may select a
person to serve as his or her alternate. In the case of any
member deSignated in sections 8.2.5 through 8.2.7, tne appointing
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local entity(!) may desiqnate an alternate to the r~~~lar
appointed mew.Der.. The alt'C'r~'1ate' 5 term of office shall be the
same as that of the regular ~ember. When the regular member is
not present at the meeting of the Autllority, the alternate ma.y act
as the regular member and shall have all the rights, p~ivileges,
and respor.sibilities of the regular member.
8.5 Any member of the Citi~ens Committee may, at any
tiIne, resign from the Citizens Committ.ee upon .... ritten notice
delivered to the Authority; provided, however, that such resigning
member may continue to serve on the Citizens Committee until a
successor member is appointed to serve such member's unexpired
term ..
8 .. 6 Any at large member who has three (3) unexcused
absences from meetings of the Citizens Committee shall ba removed
from serving as a member of the Citizen~ Co~ittee. An abeence
from a Citizens Committee meeting shall be considered unexcused
unless, prior to or after s~=h absence (i) the absent member
submits to the chairperson a written request to excuse such
absence, which request sh~ll state the reason for such absence and
any special circumstances existing with respect to such absence;
and (ii) the chairperson agr~es to excuse such absence.
S.' Acceptance of any public office or the filing of an
intent to seek public office by an at large member of the Citizens
Committee, including a filing under California Government Cod~
Section 85200, shall conetitute such member's a~tcmatic
resignation from the Citizens Cou~ittee.
8.S The Citizens Committee is hereby charged with the
following duties and responsibilities:
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a.S.1 Promptly after being appointed to the
Citizens: Committee., the iLitial me!'",bers shall conv~ne to adopt
such procedural rules and regulations as are necessary ~o ~overn
the conduct of Citizens co~~ittee meetLngs, including., but not
1Lmited to, those governing the calling, noticing and location vf
Citizens Comtilittee meetings, as well as Citi'Zens Committee quorum
requirements and voting procedures. The Citizens Committee ~ay
select its own officers .. including, but not l.imited to, a Citizens
Committee co-chairperson who will be the spoke5person for the
Citizens Committee.
8.8.2 The Citizens Committee shall approve, by a
majority vote of the members of the Citizens Committee voting
thereon, any amendment to the Expenditure Plan proposed by the
Authority which would change the funding categories, programs or
projects identified in the Expenditure Pl~n.
8,g~3 The Citizens Committee shall hold an annual
public hearinq to determine whether th~ Authority is proceeding in
accordance with the Expenditure Plan. In addition, the Citizens
Committee may issue reports, not more often than annually, on the
prog~~ss of the transpcrtaLion projects descriL€ci in the
Expenditure Plan.
8.9.4 The Citizens Committee may contract, through
the Authority, for independent analysis or examination of issues
within the Citizens Committee's p~rview, including a pe=formance
audit of the Authority not more often than annually.
S~S.5 The Citizens Committee may submit a written
request to the Authority to explain any perceived deviations from
the Expenditure Plan, or to consider proposed amendments to tile
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Expenditure Plan~ The Authority's chairperson must x'cspond to
such re~est, in yriting within sixty (60) days after receipt of
thl! same.
SECTION 3. AMENDMENTS TO EXPENDITURE PLJL~
9.1 The Authority may review and propose amendments to
the Expendi.ture Plan to provide for the use of fI,dditional Federal,
State and local funds, to account for unexpected revenue
fluctuat~ons, to take into consideration unforeseen circum~tanC~St
or to address changed technoloqy.
9.2 The Authority shall e~tablish a process to propose
amendment(s) to the Plan which shall ens~re that all aff~cted
agencies participate in the development of the proposed
amendment,s). The Authority shall ,hold a public hearing on
pr~posed amendments prior to adoption. FIQposed projects not
provided for in the Expenditure Plan shall be prioitized between
transit and highway projects in approximately the same ratio as
provided for in the Expenditure plan.
9~3 Amendments to the Expendlture Plan shall not be
adopted until approved by a majority of the members of the
Authority, and the Citizens' Committee, as provided in Section
8.8.2.
SECTION 10. AMENDY~NTS TO ORDINANCE.
10.1 All amendment,s subsequent to the effective date of
this Ordinance to Part 1 of Division 2 of the California Revenue
and Taxation Code relating to sales and use taxes and which are
not incon3istent with Part 1~6 of Division 2 of the California
Revenue and Taxation Code, and all amendments to Part 1.6 of
DiviSion 2 of the California P,evenue and Taxation Code, shall
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auto~atically become a part of this Ordinance; provided, howeve~,
that nO such amendments shall operate S~ as to adversely affect
the amount of tax imposed by this Ordinance, or to impair
contracts, bonds or other obligations of the Ag~ncy.
10.2 k J proposed amendment to this Ordinance which
changes the composition of the Citizen Co~~i~tee, the method of
appointing its me~rs or its powers, must be approved by 2j3rds
of the members of the Citizens Committee.
SECTION 11. ADVISORY ELECTIONS
11.1 At lea~t once every six years, the A~thority if
permLtted by lay shall either hold en advisory election or request
the county to hold an adviSOry election at the expense of the
Authority on the matter of whether the electors are satisfied with
the AuchoritY'e ,operations and programs.
11.2 In the event that a majority of the electors voting
on the advisory measure indicate that they are not satisfied, the
Authority in consultation with the CitizenR committee shall
sollcit written jublic comments and shall conduct not fever than
three public hsarings to be held within ninety days following the
election to inquire into the reasons for public concerns with the
Authorit.y' 6 programs or opeI:ations. The Authority in consultation
with the Citizens Committee shall thereafter implement such steps
aQ may be deemed advisCible and consistent with the Expendit\,.;.re
Plan to address the public concerns.
11.3 At least one public hearing shall be held in each
the City of San Jose, in the county's north zone, and in the
county's south %one~ For purposes of this Section 11, the ~north
zone-shall include the area encompassing the Cities of Los Altos,
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Los Altos Hills, ~ilpitasl Mountain View, Palo Alto, Santa Clara
and Sur..ny-.ral€1 aT1·j the "soutb zone ~ shall include the area
encom.passing the Cities of Campbell, Cupertino, Gil,roy, Los Gatos,
Xon~e Sereno, Morgan Rill, and Saratoga.
SECTION 12. EFFECTIVE AND OPERATIVE CATES.
12.1 This Ordinance shall become effective on November 4,
1992 only if a majority of the electors voting on the measure at
the election held on November 3, 1992 vote to approve the ballot
proposition to be submitted pursu~nt to Section 13. If approved
at said election, the tax ordinance shall beccme operative Ap~il
11 1993, but the Retail Tax shall not be levied until April I,
1995.
SECTION 13. SEVERJI..BILITY
13.1 If any section, part, clau~e or phrase of this
Ordinance is for any reason held invalid or unenforceable by a
court of competent jurisdiction, the remaining portions shall not
be affected but s~lall remain in full force and effect.
SECTION 14. REQUEST FOR EL<CTION
14.1 Purs~ant to California Public Utilities Cod~ Se~tion
180201, the Authority requests the Board of Supervisors to call a
special election to be conducted by the county on November J r 1992
to place the imposItion of the Retail Tax before the electors I p-~d
to authorize the Authority to issue bonds to tjnance capital
outlay expenditures.
14.2 The p~oposition to be placed before the County
electors on the November 3, 1952 ballot shall contain a summary of
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the projects and programs in the Plan and sh~ll read substantially
as follovs =
THE SJ..:;'rA CLARA COUNTY LOCAL TRANSPORTATION AUTHORITY AND
IMPROVEMENT ACT. The purpose of this ~easure is to improve the
qu~lity of life, relieve traffic congestion, improve air quali~y,
and carry on existing transporta~ion improveme~t programs in Santa
Clara County by~
[Description of specific projects.]
c Increasing tranSit service for senior citizens ~~d
the d.isabled i
o Empowe~ing an independent CItizens Oversight
Committee to guarantee that all funds generated by this measure
shall be used only for specified transportation purposes;
Shall the Santa Clara County Local Trar..sportation
Authority be authorized to (i) levy 4 one-half (1/2) of one (1)
percent retail transaction and use tax for a period of twenty (20)
years, commencing upon the termination of the dlJ2 sales tax now
being levied by the Santa Clara County Traffic Authority with an
annual appropriations limit ot $11Q million dollars, with the
proceeds placed in a trust fund to be used solely for the purposes
specified in the Expenditure Plan and (ii) issue bonds payable
from the proceeds of such retail transaction and use tax?
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