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HomeMy WebLinkAbout8.1 Congestion Mgmt Program CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: April 8, 1991 SUBJECT: Alameda County Congestion Management Program (Prepared by: Richard C. Ambrose, City Manager) EXHIBITS ATTACHED: 1 . Letter from Alameda County Manager, Transportation Planning dated March 8, 1991 2. Draft Joint Powers Agreement 3 . Draft Resolution 4. Letter from Mayor Elihu M. Harris of Oakland to Mayor Bill Ball of Fremont dated March 26, 1991 RECOMMENDATION: Adopt Resolution approving Joint Powers Agreement and authorize Mayor to execute said agreement. FINANCIAL STATEMENT: The City of Dublin's estimated revenue from Proposition 111 for Fiscal Year 1991-92 is $115, 000. In accordance with the agreement, Dublin would be responsible for approximately 1 .29% of the costs of administering the Congestion Management Agency. DESCRIPTION: In June 1990, the voters of Alameda County approved an $18.5 billion Transportation Financing Package (Propositions 111 and 108) . In addition to providing Transportation Funding for major regional improvements throughout the County, Proposition 111 provides funding to cities for local street and roadway projects. Proposition 111 also requires each urban county to prepare, update, and administer a Congestion Management Program. This program must be annually updated and must include every City and the County. The Congestion Management Program is to include the following elements: 1 . Roadway level of service standards 2. Transit service standards 3. A trip reduction and travel demand element including improvements in the balance between jobs and housing 4. A program to analyze the transportation impacts of local land use decisions 5. A 7 Year Capital Improvement Program to maintain or improve the level of service. Major highway and rail projects must also be included in the Congestion Management Program if they are to be eligible for State funding. Once the standards identified above have been established, a City and County must conform to the standards in the Congestion Management Program or the new gas tax revenues from Proposition 111 may be withheld by the State Controller. Proposition 111 also provides that the development and implementation of the Congestion Management Program is to be handled by an agency designated by the Board of Supervisors and a majority of the Cities representing a majority of the population in the County. The County Public Works Staff in conjunction with the Alameda County City Managers Association, the Alameda County Mayors Conference, and the Transportation Plan Commission have worked on developing a proposed structure for the agency for consideration by the County Board of Supervisors and the City Councils throughout Alameda ---------------------------------------------------------------------- COPIES TO: ITEM N0. J,� boa. o County. The proposed structure for the agency as recommended by these groups is a Joint Powers Agency as embodied in the attached Joint Powers Agreement. The Joint Powers Agreement provides that the Congestion Management Agency will be governed by a Board composed of the following: 1 . one vote for each Alameda County City for every 100,000 population or fraction thereof; 2. two voting representatives from the Alameda County Board of Supervisors; 3. one voting representative of each of the transit operators including Livermore Amador Valley Transit Authority, BART, AC Transit, and Union City Transit; 4. one non-voting representative each of the California Department of Transportation (District IV) , the Metropolitan Transportation Commission, and Bay Area Air Quality Management District. This voting structure is similar to the existing voting structure for the Transportation Plan Commission. The Joint Powers Agreement requires that local agency and transit operator members shall be elected officials and upon execution of the Agreement the governing body of each agency having representation on this Congestion Management Agency Board shall appoint one of its members to serve as a member of the Board and another of its members to serve as an alternate member of the Board in the absence of the regular member. To date the Board of Supervisors of Alameda County, and the Cities of Emeryville and Piedmont have approved the Joint Powers Agreement. Attached to the agenda statement is a letter from the Mayor of Oakland to the Mayor of Fremont indicating that the City of Oakland is not in favor of the proposed voting structure in the Joint Powers Agreement. The Mayor of Oakland has indicated that Oakland would prefer to have votes based on increments of 10, 000 as opposed to 100, 000 . This letter was sent only to those Cities that would obtain a larger percentage of the total vote under the Mayor of Oakland's proposal. It is interesting to note that with Oakland's proposal, it would take only a few large Cities to control the entire Congestion Management Agency. This could result in these agencies having a great deal of influence over local land use decisions in the Tri- Valley area. Needless to say, it is Staff's opinion that this proposal by Oakland is not in the best interest of the City of Dublin. The Congestion Management Agency would have the following functions and responsibilities. 1 . Prepare, adopt, revise, amend, administer, and implement the Congestion and Management Program for Alameda County. 2. Develop, adopt, and update the Alameda Countywide Transportation Plan. 3. Coordinate transportation planning and programming within Alameda County and with contiguous Counties. 4. Coordinate the Countywide input to (a) the California Clean Air Act and Transportation Control Measures of MTC and the Bay Area Air Quality Management District; (b) the California Transportation Commission and CALTRANS for the flexible congestion relief rail bond and traffic system management funding programs; (c) MTC guidelines for County Transportation Plans pursuant to Government Code Section 66531 ; (d) MTC's Regional Transportation Plan; (e) MTC's Regional Transportation Improvement Program and the CTC's State Transportation Improvement Program. 5. Prepare, adopt, update, and administer the combined road program or a successor Federal Funding Program. 6. Other functions and responsibilities as may be added by amendments to this agreement pursuant to Section 21 of the agreement. 7. Other functions and responsibilities that are consistent with the purposes, objectives, functions, and responsibilities described in the agreement and are imposed by State or Federal Law. 8. Levy and collect fees including administrative and operating costs as provided by this agreement or by law against all entities which the Law applies both signatory and non-signatory to this agreement. 9. Seek State and Federal funding to defray the costs for preparing, adopting, and implementing the Congestion Management Plan and other duties described in the agreement. To assist the Board of Directors in carrying out its responsibilities, the agreement also provides for a Technical Advisory Committee which would consist of one Staff representative from each City and County, transit operators, and regional agencies. Due to the significant potential land' use implications this program might have, representatives from the City of Dublin Planning and Public Works Department will be attending these meetings. The agreement also provides that the Congestion Management Agency may appoint and retain staff to assist it in its responsibilities. The Congestion Management Agency could hire its own permanent staff, contract with the County of Alameda Public Works Department, contract with the Alameda County Transportation Authority or any local agency. The Joint Powers Agreement also provides for an appeal process in which a local agency may appeal the actions of the Congestion Management Agency by appealing directly to the local agencies representing the majority of the population of the County. RECEIYE �j MAR 131991 o`aeon Buia'� yQ COUNTY OF ALAMEDA CITY OF DMIN PUBLIC WORKS AGENCY 24301 Southland Drive•Suite 200 4 Southland Square•Hayward CA 94545 (415)670-5450 9esources March 8, 1991 Mr. Richard Ambrose City Manager, City of Dublin P.O. Box 2340 Dublin, CA 94568 RE: Congestion Management Program Dear M:�. rose: At its February 13, 1991 meeting, the Mayors ' Conference recommended that the Transportation Plan Commission be designated the Congestion Management Agency (CMA) for Alameda County. The Board of Supervisors is scheduled to consider this recommendation at its March 19 , 1991 meeting. By statute, the Congestion Management Agency is to be designated by "resolutions adopted by the county board of supervisors and the city councils of a majority of the cities representing a majority of the population in the incorporated area of the county" . The first Congestion Management Program must be submitted to the Metropolitan Transportation Commission by the end of June 1991 . It is therefore important that you schedule this matter for your council as soon as possible. Two actions are necessary: 1 ) adoption of a resolution designating the Congestion Management Agency and 2) approval of the Joint Powers Agreement. For your use, I have enclosed a copy of our staff analysis, the proposed Board of Supervisors resolution designating the Congestion Management Agency, and the enabling Joint Powers Agreement. The Joint Powers Agreement has been reviewed and approved by the County Counsel . Please forward a fully executed copy of the Joint Powers Agreement to my office, so that we may keep complete files for the new agency. I am available to assist if desired. If you have any questions about this matter, please call me at 785-2710 . Very truly yours , �L4W Dennis R. Fay Manager, Transportation Planning DF/wrs cc: ACTAC Representative City Attorney A34521/34622 COUNTY OF ALAMEDA PUBLIC WORKS AGENCY 399 Elmhurst Street • Hay%vard. CA 945-121-139.5 (415) 670-5480 osourl-es yarch 19, 1991 February 28, 1991 The F-onorable Board of Supervisors A&nini,st-ration Building 1221 Oak Street cakiand, CA 94612 De--- Board —.—bers: Subject: Congestion YanagaTent Program Agency Designation Re--cm7--,--ndation: It is re--aaTr--nded that your Bcp--rd: o Adont the attached resolution designating the Transportation Plan Cc rr nissicn as the Congestion Yanaga-rmt Agency for Alameda County; and o P-uthorite the President of your Board to sign the attached Joint Pours Aqrem-- nt relative to the Congestion Y2.nagerrrzant Prog-r—am. S1--r2--V: Each urban county is required to prepare, update and adm=st--- a Ccngesticn Yanac—aient Proaram By resolutions, a Cu? agency is to be designated by a-majority of the cities representing a majority of the population and the Eoarrd of Su-cc----,risors. The Mayors, Conference is recommending that the Trans-Dortation Plan Ccm-nissicn, now preparing the Countywide Plan, be designated. The attached resolution and Joint Powers Agreement. will affirm this rec—am-pandation. .L DisL--,-sion: In June 1990 the voters appraved. an $18.5 billion transportation financing prog-r-- lons 111 and 108) . This transportation funding package .--m (Prcpositi includes the re=irement that every urban county prepare, implanmt and 2) . The annually update umlat is called a Ccnge-stion Y,--naga-a--qt Program Honorable Ford M�icers -2- February 28, 1991 C:iT must include every city and the County. Zhese congestion managaTent p_ crams are to include: • roadway level of service standards; • transit service standards; • a trip reduction and travel demand element, including improvenents in the balance between jobs and housing; • a program to analyze the transportation impacts of local land use decisions; and • a 7-year capital improvement program to maintain or improve level of service. In order for highway and rail projects to be eligible for state funding, they must be included in the CMP. The CMP is therefore critical to Alameda County's ability to secure state and federal funding for highway projects such as the Measure B project on the Nimitz Free<Nay. Furthermore, if a city or the county is found not to conform with the CMP, its new gas tax revenues f_= Proposition ill .will be withheld by the State' Controller. The development and implementation of the CMP is to be acccanplished by an agency designated by the Board of Supervisors and a majority of the cities representing a majority of the population. The Public works Agency staff have worked with the City Managers ' Association, the Mayors' Conference and the Transportation Plan Ccmnission to prepare a proposal for consideration. At its February 13, 1991 meeting, the Mayors' Conference rc—ffirmgd a previous rec-cmTendation to designate the e.-cisting Alameda County Transportation Plan Commission. The attached resolution and Joint Powers Agreement provide for the following minor changes to the existing commission: • provide that the Metropolitan Transportation commission and Caltrans representatives are ex-offico ors; • add the Bay Ares Air Quality i ty ManageTr---nt District as an ex officio menber; and • add Union City Transit as a menber. The newly constituted agency would assume the duties of preparing the Alameda Countywide Transportation Plan and of developing and i*nple tenting the Congestion M_anage:nent Program (C►,T) for Alameda County. The existing Alameda County Transportation Advisory Committee (ACTAC) will provide technical advice to the agency. The agency would be authorized through a joint pcoiers agr----rnt (JPA) among the cities, county and transit operators. It is anticipated that the new agency will receive staffing via a contract with the Alameda County Public Works Agency. Fonorable Board Y-- bens -3- February 28, 1991 Financial: The legislation which placed Propositions 111 and 108 on the ballot indicates that cities and counties are to use a portion of the new gas tax revenues subverted to local gove-rnment ($3 billion statewide over 10 Years) to fund the congestion managere*it age_*icy. The new agency is to develop an annual budget by April 1 of each year together with a schedule of fees to support its operation. The proposed JPA calls for these fees to be based on each jurisdictions' proportionate share of new gas tax subventions pursuant to Proposition 111. This formula will result in the county being assessed for approximately 43% of the agency costs. This approach is acceptable as long as the Public Works Agency staffs the C_MA and is in a position to control costs. New gas tax revenues in the County's road fund old cover the County's share of these fees. Supplemental funding may beccare available through new legislation. Public Works Agency staff will continue to vigorously explore these possibilities. Yours truly, y j• , Donald J. IzBelle Director of Public Works DF:I Attac my-- It P33924 APP 3 ' 91 12 : 23 FROM ALA CO PW ARCHITECTS PACE . 301 Approvea as :a for= Hy 'uty Tia HOARD OF SUPMVISORS OF'THf COLIM OF ALUMM A, STATE OF CALIFOR.*IU Oa motion of Supervisor ,�^oaded by Su- :nd app=ved by the following voti, Am: same visors 1 c=- supervisors F-r_sed or Absent: supervisors T-r.E FOLLOvNG RESOLUTION WAS AWF=: NUMBER RESOL 7PIM DESIC2k7IZ A CONGEMW FA2AGEbou - ALLY YCR AL k%IEM CCMCZ WHM:LEA3, the voters agoroved an $18.5 billion transportation fund;s�g pI9gr= ltnc7.,m ES pzop=it.i ns 111 and 108 at the Jtme 1990 electicn; ard 'Mam u, this voter approval included the regmLrm nt that Q&cbL utb.n =mty in Califon is prepare, update and administer a Congestion yAmgemant ; and Tom, for hie :v, y and rail projects to be eligible for state funding, such p=Ojects must ha included in a Cnnm-�Stim Mz'g t Pitr;"=; and y iERr^•AS, if a city or county is found not to coxd=d to the Congestion Management Pz'ngr=, its new gas tax revenues par stunt to proposition 1.11 will be withheld; amd y S, an 'agaicy mast be desig,,tsd to &c� fnLS,ar the Congestion. Manageiaeslt program by a majority of the cities _denting a =Jcri•LY of t,*e pop�aation ax:d the Rz3 of mss=; and , WHEREAS, the Alameda County Mayors, Conference bas made a recc=�wdation at its February 13, 1991 meeting that the existing Tzan$poz+ation Plan Casmissim he so designated. NOW n IT RESOLVED that the Alameda CO=ty Board Of Supervisors does designate the Conges`ien Management %gRncY fur Alsmxa County Wised,as fol.lo4,-sa o one vote for each Alameda County city for eve1'y 100,000 peculation cs: frac•.ian thereof; o two voting representatives of the Alameda County Board of a one voting revresentative each for AC Transit, LVU, the Live_=or•e Amador Valley Transit District, and Union City =canait; and O We r=-Vot3,-ig rnpramntative ench of t!A Calif=%ia Depaz=ent of Transpor'.atita: (D9stac 4), the Yotropolit-sn Trarz-=m*z'Ten CauAission and the Bay Am Air Dialil.7 Mwvagem2&M District- AND BE IT FUR"17M RESOLVED that the President of the Board is authorized to execute the Joint Powers Agivem2 t, datad Febr,ua 20, 1991, which defines the roles, purpose, objectives, responsibi-lities, pos+T.s, and duties of the Crum �t AqvinLy. A34643 Post-V- brand fax transmittal memo 7671 q of pages ► Td *p Co.', co r-\.' Dept. Phon*At �-:Z- Fax Fax .( `f .: f ` r ' R _ 4 fir( f APP,. 3 ' S1 12 : 24 FRO"' ALA CO PW ARCHITECTS PAGE . 002 JOINT POWERS AGREEMENT ALAMEDA COUNTY CONGESTION MANAGEMENT PROGRAM This Agreement is dated February 20, 1991 for reference purposes only. The purposes of this Joint Powers Agreement, hereinafter referred to as Agreement, are to provide a means of preparing, adopting, revising, amending, administering and implementing the Congestion Management Program for Alameda County pursuant to Section 65088 et seq. of the Government Code and a countywide transportation plan pursuant to Section 66531 of the Government Code, and to accomplish other transportation planning and programming functions and responsibilities as described herein. 2. nR_»rTIVES The objectives of this Agreement are to: • Develop and update dountywide transportation policy through the Countywide Transportation Plan and the Congestion Management Program; • Coordinate transportation planning and programming within Alameda County; • Position Alameda County jurisdictions, including its Transit Operators,to. better compete for limited state and federal transportation dollars; • Seek a consensus on future improvements to major roads,the freeways and transit services in Alameda County; • Implement the requirements of state legislation to.create, maintain and administer a Congestion Management Program; Establish and sustain a Congestion Management Agency for,Alameda County and its member cities; • Use where applicable the programs and policies of the County's and Cities' General Plans, the plans of the Transit Operators in Alameda County,the Alameda Countywide Transportation Plan, and the Alameda County Transportation Authority's Strategic Plan as input to the Congestion Management Program; • Prepare, maintain and update the Alameda Countywide Transportation Plan; and • Foster early communication among Local Agencies and Transit Operators APP, 3 ' 91 12 : 24 FROt' ALA CO PW ARCHITECTS PAGE . 333 JPA - Alameda County Congestion Management Program page on transportation projects and issues, and on the system of roadways and transit designated in the Congestion Management Program. 3. DEFINITIONS Certain words as used in this Agreement shall be defined as follows: a. AlLocal Agencies" shall mean the County of Alameda and the cities of Alameda County. b. "Transit Operators" shall mean the Bay Area Rapid Transit District,,AC Transit, Livermore-Amador Valley Transit, and Union City Transit. C, "Congestion Management Agency" shall mean the agency created by this Agreement. 4. EFFECTIVE DATE This Agreement shall become effective upon the.approvai of the Board of Supervisors and a majority-of the cities representing a majority of the population of the cities.within,the county. S. QREATION OF TtiE ALA�IFDA COUNTY CONGESTION MANAGEMENS ENS There is hereby created the Alameda County Congestion Management Agency; hereinafter referred to as CMA, to exercise in the manner set forth in this Agreement the powers common to each of the-Local Agencies and Transit Operators. The CMA shall be a public entity separate from the Local Agencies and Transit Operators. No debt, liability, or obligation of the CMA shall constitute a debt, liability or obligation of any Local Agency or Transit Operator, and each party's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement or as the parties hereto may agree. 6. The CMA is for all purposes the successor to the Alameda County Transportation Plan Commission created by Principles of Agreement between the Board of Supervisors and the Mayors' Conference, last revised May 29, 1990. The CMA shall succeed to all of the assets, liabilities, contracts and other,obligations of the Commission. The CMA shall also assume all powers, duties and responsibilities specified in this Agreement regarding the Congestion Management Program and transportation planning and programming. 7. FUNCTIONS AND RESP_ONSIBJLITIES The CMA shall have the following functions and responsibilities: a. Prepare, adopt, revise, amend, adminster and implement the Congestion APR 3 ' 91 12: 25 FROM ALA CO PW ARCHITECTS PAGE . 304 JPA- Alameda County Congestion Management Program page 3 Management Program for Alameda County. b. Develop, adopt and update the Alameda Countywide Transportation Plan. C. Coordinate transportation planning and programming within Alameda County and with contiguous counties. d. Coordinate.the countywide input to: • The California Clean Air Act and Transportation Control Measures of the Metropolitan Transportation Commission (MTC) and the Bay Area Air Quality Management District; • The.California Transportation Commission (OTC) and Caltrans for the Flexible Congestion Relief, Rail Bond and Traffic System Management funding programs; • MTC guidelines for County Transportation Plans pursuant to Govemment Code section 66631; • MTC's Regional Transportation Plan; and • MTC's Regional Transportation Improvement Program and the' CTC's State Transportation Improvement.Program. e. Prepare, adopt, update and administer the Combined Road Program or the successor federal funding program. f. Other functions and responsibilities as may be added by amendments to. this Agreement pursuant.to Section 21. g. Other functions and responsibilities that are consistent with the purpose, objectives, functions and responsibilities described in this Agreement and are imposed by state or federal law. h. Levy and collect fees and charges, including administrative and operating costs, as provided in this Agreement or by law, against all entities to which the law applies, both signatory and non-signatory to this Agreement. 1. Seek state and federal funding to defray the cost of preparing, adopting, amending, administering and implementing the Congestion Management Plan and other duties described in this Agreement. g ANNLJAL 51QUd The CMA shall adopt by April 1 of each year a budget for the succeeding fiscal year setting'forth all administrative, operational and capital expenses for the CMA; together with the apportionment of such expenses by levy against each Lopal.Agency AP-R 3 ' S 1 12: 26 FRCS" ALA CO PW ARCHITECTS PAGE . 005 JPA- Alameda County Congestion Management Program page 4 and Transit Operator. The fiscal year shall be July i to June 30. An alternative fiscal year may be established by the CMA. The CMA shall notify and provide a copy of the proposed budget to each Local Agency and Transit Operator thirty (30) days prior to the adoption of the budget. 9, BOUNDARIES The boundaries of the CMA shall be the boundaries of the County of Alameda. 10. ORGAN1ZATQ a Board The CMA shall be governed by the a board which shall exercise all . powers and authority on behalf of the CMA The CMA board shall be composed as follows: • one vote for each Alameda.County city for every 100,000 population or fraction thereof; two voting representatives of the Alameda County Board of Supervisors; • one voting representative of each of the Transit Operators; • one non-voting representative each of the.Califomia Department of Transportation (District 4),the Metropolitan Transportation Commission and the Bay Area Air Quality Management District. . Each city's voting representation shall be adjusted according to the above formula following the publication of each national census or during the intervening periods using California Department of Finance population estimates. The goveming board of the CMA is empowered to establish its.own proceedures. The board may do any and all things necessary to carry out the purposes of this Agreement., b. Members anO Altem= *Local Agency and Transit Operator members shall be elected officials. Upon execution of this Agreement, the governing body of each agency having representation on the CMA board shall appoint one of its members to serve as a member of the board and another of its members to serve as an alternate member of the board in the absence of the regular member. Alternates to the city representatives and Transit Operator representatives shall be appointed in the same manner in which the members were appointed. The alternate to each member of the Board of Supervisors shalt be appointed by the respective Board member. Each member and APR 3 ' 91 12: 26 FROM ALA CO PW ARCHITECTS PAGE . 606 JPA- Alameda County Congestion Management Program page 5 alternate shall hold office from the first meeting of the CMA board after his or her appointment until a successor is selected- Each member and alternate shall serve at the pleasure of the appointing body. C. Chaimerson and Vice-Chairperson The CMA board will select a chairperson and vice-chairperson from among its members, by nomination and vote. d. ati ngs of the CMA Board (i) Regular Meetings The CMA board shall hold at least one regular meeting each quarter.' The date, hour and place at which each such regular meeting shall be held shall be fixed by.the CMA board. (2) ,gpecial.Meet'nas Special meetings of the CMA board may be called in accordance with . provisions of law. (3) Notice of Meetings All meetings of the CMA board shall be field subject to the provisions of the Ralph M. Brown Act, being sections 54950 at seq.-of the Govemment Code, and other applicable laws of the State of Califomia requiring notice of meetings.of public bodies to be given. (4) Minutes. The CMA board shall cause minutes of all meetings to be.kept and shall, as soon as possible after each meeting cause a copy of the minutes to be forwarded to each member of the board. (5) Quorum A majority of the votes of the CMA board shall constitute a quorum for the . transaction of business, except that less than a quorum may adjourn from time to time. ( } etino_Comoenr cation The CMA board is authorized to fix-a reasonable sum to be paid elected officials for attendance at CMA board meetings. Such compensation shall cover mileage and other costs associated with meeting attendance. f. �.� The CMA board shall adopt from time to time such by-laws, rules or APR 9 ' 91 12 : 27 FROM ALA CO PW ARCHITECTS PAGE . 007 JPA- Alameda County Congestion Management Program page 6 regulations for the conduct of its affairs as may be required. At a minimum the by-laws shall include guidelines and procedures related to the finding of non-conformance with the Congestion Management Program. g. Technical Advisory CiOmm2129 The Alameda County Transportation Advisory Committee(ACTAC) will function as the technical advisory committee to the CMA. The ACTAC shall be composed of; one staff representative of each city and the County; one staff representative of each Transit Operator; one staff representative each of the Alameda County Transportation Authority,the Metropolitan Transportation Commission, Caltrans and the Bay Area Air Quality Management District. Each representative shall have one vote. Twelve members shall constitute a quorum for the conduct of business. Staff from the cities' and County's.public works and planning departments are expected to participate. ACTAC may form subcommittees as necessary. h. Ober Committees The CMA board may establish other committees necessary to accomplish its responsibilities under this Agreement. POWER The CMA shall have the power to prepare, adopt, revise,.amend, administer, and implement the provisions of the Congestion Management Program and to accomplish the other functions and responsibilities set forth in paragraph 7 of this Agreement. The CMA is hereby authorized in its own name to perform all acts necessary.for the exercise of said powers including but not limited to the following; a. to make and enter into contracts; b. to apply for and accept grants, advances and contributions; C. to employ or contract for the services of agents, employees,consultants and such other persons or firms as it deems necessary; d. to make plans and conduct studies and to review, recommend or adopt revisions or amendments thereto to the extent allowed by law; e. to acquire., construct, manage, maintain, operate and control any buildings, works or improvements necessary to perform its functions under this Agreement; t to acquire, hold or dispose of property necessary to perform its functions under this Agreement; g. to sue and be sued in its own name; h. to incur debts, liabilities or obligations, subject to limitiations herein set APP. 3 191 12 : 28 FROM ALA CO PW ARCHITECTS PAGE • 882 JPA - Alameda County.Congestion Management Program page 7 forth; i. to levy and collect fees and charges, including administrative and operating costs, as provided in this Agreement or by law, against all entities to which the law applies, both signatory and non-signatory to this Agreement; j. to adopt, as authorized by law, ordinances or resolutions necessary to carry out the purposes of this Agreement; k to seek state and federal funding to defray the cost of preparing, adopting, amending, administering and implementing the Congestion Management Program and other duties described in this Agreement; and 1. to recommend,.adopt and amend the Congestion Management Program to the extent allowed by law. 12. VOTE REQUIRED_ A majority of the authorized vote of the voting CMA board members.shall be required to adopt or amend the Congestion Management Program, for the adoption of a resolution of conformance or non-conformance with the adopted Congestion Management Program, to approve or reject a deficiency plan or to levy fees or charges. A majority vote of those present and voting shall be required for any other action. 13. STAFFING The CMA may appoint and retain staff as necessary to fulfill its powers, duties and responsibilities under this.Agreement, including but not limited to appointment of temporary or permanent staff, contracting with the County of Alameda, contracting with the Alameda County Transportation Authority, or any Local Agency. 14. APPEAL PRQQESS A Local Agency may appeal actions of the CMA according to the following process. The appealing agency shall first request the CMA to reconsider its.action. if the CMA either rejects'the reconsideration or the appeal, the action of'the CMA may be appealed to the Local Agencies. The action of the CMA shall be overruled if a majority of the Local Agencies representing a majority of the population of the county takes such action. An appeal must be. fled with the CMA within thirty (30) days of the action being appealed. The CMA must act upon the appeal within sixty (60) days. if the action is appealed, the local Agencies agree to schedule a vote on the appeal within sixty (60) days following.the CMA action on the appeal. The CMA shall adopt rules and procedures governing the appeals process. At least one.public.hearing shall be held at least thirty (30) days prior to adopting such rules and procedures. All Local Agencies shall be notified of the date and time of the public hearing. APP. 3 ' 91 12 : 29 FRS - ALA CO PW ARCHITECTS PAGE . 009 JPA- Alameda County Congestion Management Program page 8 15. RESTRICTIONS UPON EXERCISE OF POWER OF CMA This Agreement is entered into under the provisions of Goverment Code section 6500 et seq. concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions set forth herein. The manner of exercising powers granted CMA by this Agreement shall be subject to the same restrictions as imposed upon the County of Alameda. 16. FUNDS AUDIT AND ACCOU VICES Pursuant to the requirements of section 6505.5 of the Government Code.,the . Treasurer of the County of Alameda is designated to be the depositary and to have custody of all funds from whatever source, and to perform the following functions: a. Receive and receipt for all money and place it in the County Traeasury.of Alameda County for the credit of the CMA; b. Be responsible upon officai bond for the safekeeping.and disbursement of all CMA money so held; C. Pay any slims due from CMA money, or any portion thereof,only upon . warrants of the, public officer performing the functions of auditor or controller who has been so designated pursuant to this Agreement; d. Verify and report in writing on the first day of July, October,January and April of each year to the CMA and to the contracting parties to this Agreement the . amount of money the Treasurer holds for the CMA,the amount of receipts and the amount paid out since the last report to the CMA. The functions of auditor shall be performed for the CMA by the Auditor of Alameda County. The Auditor shall draw warrants to pay demands against the CMA when the demands have been approved by the CMA or by a person authorized by the CMA to so approve. There shall be strict accountability of all funds and the Auditor of the County.of Alameda will report to the CMA board all receipts and disbursements: In addition, the Auditor of the County of Alameda will either make or contract for an audit of the accounts and records at least annually as prescribed by section 6505 of the Government Code. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under section 26909 of the Government Code and the audit shall conform to generally accepted auditing standards. 17. QlSPO$11l0N OE QMAFUNDS UPON TERM}NATK& a. In the event of termination of the CMA where there is a.successor public entity which will carry on the activities of the CMA and assume its obligations;.CMA funds, including any interest earned on deposits, remaining upon termination of the AP.P. 3 ' 91 12 : 29 FROM ALA CO PW ARCHITECTS PAGE . 010 JPA- Alameda County Congestion Management Program page 9 CMA and after payment of all obligations shall be transferred to the successor public entity. b. If there is no successor public entity which would carry on any of the activities of the CMA or assume any of its obligations, CMA funds, including any interest earned on deposits,.remaining upon termination of the CMA and after payment of all obligations, shall be returned in proportion to the contribution of each local jurisdiction during the term of this Agreement. c. If there is a successor public CMA which would undertake some.of the functions.of the CMA and assume some of its obligations, CMA funds,including any interest earned on deposits, remaining upon termination of the CMA and after payment of all.obligations, shall be allocated by the CMA board between the successor public .entity and member agencies. In the event that the CMA is terminated under circumstances failing within (b) or (c) above,.all decisions of the CMA board with regard to determinations of arnounts.to be transferred to member agencies or any successor shall be final. 1$, PROi EDUl3E FnR BECOMING A SIGNATORY TO THIS AGBF .;NT :. Cities incorporated and transit agencies established after the.effective date of this Agreement may become signatories to this Agreement by petition to the CMA board. 19. WITHDRAWAL AND TERMINATiON Any signatory agency upon one years'written notice given to the CMA,prior to July i st of any year may withdraw from this Agreement. This Agreement shall be terminated if the California legislature repeals the statutory provisions pertaining to the . purposes of this Agreement. 24. SPE_QIAL PROVI.SiONS The signatories to.this Agreement are desirous of levying a fee for the purpose of defraying the cost of preparing, maintaining, administering and implementing the . Congestion Management Program. Therefore, by their,signatures hereon,the signatories delegate to the CMA the power to levy such a fee upon the signatories for the purpose of defraying the cost of preparing, maintaining, administering and implementing the Congestion Management Program and other duties of,the CMA as specified in this Agreement. It is presumed that such fees will be paid from fuel tax subventions to local government, and/or any other funds available for the purpose. If a portion or all.of the fee is to be paid from fuel tax subventions, the CMA may request the State Controller to subvene those fees directly to the CMA. If:fees are levied against Local Agencies, such fees shall be assigned based on,, the proportion the Local Agency's Proposition 111 fuel tax subventions bare to the total of Proposition 111 fuel tax subventions for all Local Agencies. If fees are levied against Transit Operators, such fees shall be assigned to each Transit.Operator 3 'APP. r� 1 12: 3© FROM ALA CO PW ARCHITECTS PAGE . 011 JPA- Alameda County Congestion Management Program page 10 . according to an equitable formula A Local Agency or Transit Operator may receive credit towards future fees for the following expenses; (1) staff and consultant costs directly attributable to the development of the countywide Congestion Management Program; or (2) costs incurred prior to the approval by the CMA of its annual work program and budget, which are subsequently deemed to be.included within the adopted work program of the CMA. Failure to provide its share of the adopted fee to the CMA shall be deemed to constitute non-conformance with the requirements of the Congestion Management. Program for the affected Local Agency. The CMA shall notify the State.Controller:of the Local Agency's non-conformance. 21. AMENDMENTS This Agreement may be amended by the affirmative vote of the Board of Supervisors and a majority of.the cities representing a majority of the.popufation. 22, NOT_ (CES All notices to agencies shall be deemed to have been given when mailed to the governing body of each member agency. IN WITNESS WHEREOF, each agency has executed approval of this Agreement and filed said approval with the Clerk of the County of Alameda, This Agreement may be executed in counterparts. County of Alameda City of Alameda By BY Date Date City of Albany City of Berkeley B By Date y Date APP, 3 ' 91 12: 31 FROM ALA CO PW ARCHITECTS PAGE . 012 JPA- Alameda County Congestion Management Program page 7 1 City of Dublin City of Emeryville B y By Date Date City of Fremont City of Hayward By Date By Date City of Livermore City of Newark By By Date Date City,of Oakland City of Piedmont By By. Date Date City of.Pleasanton City of San Leandro 8y BY Date Date City of,Union City Union City Transit By By Date Date APR 3 ' 91 12 : 31 FROM ALA CO PW ARCHITECTS rHUt . e � SPA- Alameda County Congestion Management Program page 1.2 Bay Area Rapid Transit District AC Transit District gy By - Date Date Uvermore Amador Valley Transit By Date + :+: T0TAL PACE . 0 13 RESOLUTION NO. - 91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** DESIGNATING A CONGESTION MANAGEMENT AGENCY FOR ALAMEDA COUNTY WHEREAS, the voters of Alameda County approved an $8.5 billion Transportation Funding Program known as Proposition 111 and 108 at the June, 1990 election; and WHEREAS, this voter approval included the requirements that each urban county in California prepare, update, and administer a Congestion Management Program; and WHEREAS, for highway and rail projects to be eligible for State funding, such projects must be included in the Congestion Management Program; and WHEREAS, if a City or County is found not to conform to the Congestion Management Program, its new gas tax revenues pursuant to Proposition 111 will be withheld; and WHEREAS, an agency must be designated to administer the Congestion Management Program by a majority of the Cities representing a majority of the population and the Board of Supervisors; and WHEREAS, the Alameda County Mayors' Conference has made a recommendation in its February 13, 1991 meeting that the existing Transportation Plan Commission be so designated. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby designate the Congestion Management Agency for Alameda County as follows: - one vote for each Alameda County City per every 100,000 population or fraction thereof; - two voting representatives of the Alameda County Board of Supervisors; - one voting representative each for AC Transit, BART, Livermore Amador Valley Transit Authority, Union City Transit; - one non voting representative each from the California Department of Transportation (District IV) , the Metropolitan Transportation Commission, and the Bay Area Air Quality Management District; AND BE IT FURTHER RESOLVED that the Mayor of the City of Dublin is hereby authorized to execute the Joint Powers Agreement dated February 20, 1991 . PASSED, APPROVED AND ADOPTED this th day of April, 1991 . AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a:resocong.doc.agenda#4 APP,-01-1991 17:06 FROM 'Y OF NEWARK TO 83-766-218 P.01 .r lei`i..�✓:t�.�. J"LAND CITY HALL • ONE CITY HALL PLAZA OAKLAND , CALIFORNIA 94612 415 273 - 3141 Office of the Mayor 7 D D 8 3 9 - 6 4 5 1 Ehhu M. Harris Mayor March 26, 1991 F A T A N $ M 1 T A L M E M O Mayor Bill Ball TO; NO.OF ' r City of Fremont :Wr� � ax#: PAGES-3 P. 0. •BOX 5006 F PHONE:,:z Fremont, CA 94537 CO. C!1Y OF NE}vARK AX#: 745.9972 post•H"Crantl fax transmittal m4rno 7571 Dear Mayor Ball: i hope you will join me in supporting proportional. voting rights for cities on Alameda County's Congestion Management Plan Agency (CUP) Board. Unfortunately, the current proposal which,we have been asked to approve does not provide such rights. Instead, it dllocates one vote per city for each 100,000 population or fraction thereof. Under this formula, the county's two smallest cities with a combined population of under 17,000 would have the same number of votes (two votes) as cities with populations totalling up to 200,000. I believe a more equitable formula is to provide one vote for each 10,000 population or fraction thereof. The attached table, Option A (far right column) shows the percent by which your city's relative share of the CMP Agency's votes would increase under the "one vote per 10,000 population" alternative. As you know, the new gas tax law gave the Congestion Management Agencies the right to exercise broad powers by selecting the county's future transportation projects and deterrrrining funding priorities for those projects. As a result of its transportation decisions, CMP Agency will also influence future local land use decisions. This agency will also set policy determining whether your city will (or ,,,V not) receive its new gas tax allocation. This will involve making decisions regarding hundreds of millions of transportation funding . dollars annually. 'Therefore, due to the importance of the decisions to each city, I believe it imperative that cities be represented in direct proportion to their populations. It would- be undemocratic to let issues of this magnitude be decided otherwise. In a related issue, several local elected officials have indicated that they believe only agencies which will receive new gas tax funds through the Congestion Management Agency are at any funding risk and therefore those encieset have one vote e ch)g They believe current voting formula calls for the g that.city and county elected off=icials will responsibly represent their constituents on transit issues and that the transit agencies should have the same non-voting status as the Metropolitan Transportation Commission, Caltrans and the Air Quality Management APR-01-1991 17:07 FROM `r OF NEWARK TO F.GIB March 26, 1991 Mayor Bill Ball - 2 - District. I would support this position. I have attached a second chart,(option B).showing the voting breakdown if the transit agencies are.non voting. ro for ro rtional voting rights, please If you have any questions about-Oakland's proposal P po lo re ect the proposal . don't hesitate to call.me. �u the meantime, I urge you, and your city, j P p recently.transmitted to you by the county and to support CMP voting rights based on one vote per 10,000 population.I understand this issue may come before the Transportation Plan Commission on Thursday,April 28th,therefore I would appreciate you discussing this matter with your city's voting members before that time if possible. Please let me know your position on this matter. I would like to.work with you to establish a reasonable CMP voting rights proposal. Sin re y BLWu M. HARRIS.J. Mayor ' Attachments (2) Distribution: Mayor Chuck Corica, Alameda Mayor Lord Hancock, Berkeley .Mayor. Bill Ball, Fremont Mayor Michael Sweeney, Hayward L Mayor Cathie Brown, Livermore Mayor Kermeth Mercer, Pleasanton Mayor Dave Karp, San Leandro Mayor Tom Kitayama, Union City cc: Transportation Plan Commission voting members of above cities (Gary Mello) Vice Mayor Leo Baiile, Oakland ALAMEDA COUNTY CONGESTION EIANAGEMENT AGENCY Option A 1990 CENSUS DATA Currant constitution with one vote per Proposed aitetative with one vote per w 1()0,000 increment of populat Ion 10,000 Increment of 36pula tfon AGENCY POPULATION % of NO. of � of POPULATION °16 of NO. of TOTAL VOTES PERt VO E 0 pop. VOTES TOTAL VOTES FOP. VOTES ..0 SHARE" City of: 11.75 T -On 372.242 29.10 4 <:::!7;5.38 372,242 29.10 38 i4 5Fremont 173,339 13.55 2 .69 173,339 13.55 i 8 P8 111,498 8.72 . .12 8.5 0.88 Hayward 111 ,498 8.72 2 .4.16 - Berkeley � 102,724 8.43 2 7.69 102,724 8.03 11 7.8fi 76,459 5.98 1 3.85- 76,459 5.98 8 5.71 1.87 0 Alameda =- - 1.15 ° 68,223 5.33 1 3.85 68,223 5.33 7 . 5.00 _ San Leandro --. _.. 4.44 Liverrriote 56,741 4.44 1 3.85 . 56,741 4.44 6 4.29 - m 53,762 4.20 6 4.29 , 0.44 Union City 53,782 4.20 1 3.85 4.44 % Pleasanton - 50,553 3.95 i 3.85. .-_-. . 50,553 _..-..3.95 . --.6..._-- -------4.29=-----. __.-__....-0.99 ------ - -- - 37,861 2.96 :. ._...1 r - _---3.85 37,861 2.96 4 2.8.6 Newark 23,229 1.82 3 2,14 -1 .70 Dublin 231229 1.82 t 3.85 1.43 -2.42 Albany 16,327 1.28 1:. 3.85 16,327 1.28 , 2.., 10,602 0:83 . _2 1.43 -2.42 Piedmont 10,602 0.83 1 3.85 5,602 0.45 1 0.71 -3.13 Emeryville 5,744 0.45 1 3.85 0.88 *Unincorporated Area 119,842 .9.37 2 7.69 119 882 9.37 1 2 8.57 c SUBTOTAL 1,275,.182 100.00 22 1 ,279,182 100.44 136 97.14 Transit'Operato s: Livermore/Amador Valley Transit 1 �` 1 fl:7i 0 AC Transit 1 L 1 5.71 _.1 � BART 1 .. �� 1 0.71 -0.11 T, Union City Transit "' TOTAL 1 279 182 100.00 26 100.44 1 279,1821'-100.00 140 - 10fl.00 . 'Unincorporated areas represented by 2 members of the Board of Supervisors: Mary King & Ed Campbell. , with one vote each under current constitution and 6 votes each under proposed constitution usiruj 10,000 rather than 100,000 as unit of Voto ALAMEDA COInW CONGESTIOf f MANAGEMENT AGENCY opt - ion B 1990 CENSUS DATA- Iterative , r Proposed a with one vote per UJ Current constitution with one. vote per. 10 000 increment of o ulation �� 100,000 increment.. of. 6 utailon. i NO. of �o.of POPULATION %.of NO. of ` °f Q=VOTIE AGENCY POPULATION % of p0P. VOTES TOTAL VOTES POP. VOTES TOTAL VOTES .. SNARE's °' City of: 27.94 11 .76 0 15.38 . 372,242 29.10 . 38. . Oakland 372,242 29.10 4 173,339 ' 13.55 18 13.24 5.17 3 173,339 13.55 2 7.69 g,82 0.88 Fremont' 7.69 111 ,498 8.72 '12 Hayward 111 ,498 8.72 2 8.09. 0.17 102,724 8.03 2. 7.69 102,724 8.98 11 1.89 -C Berkeley 3.85 76,459 5.98 8 5.88 Alameda 76,459 5.98 1 68,223 5.33 7 5.15 1.15 n 68,223 5.33 1 3.85 4.41 0.44 7 San Leandro 3.85 56,741 4.44 6 m Livermore 56,741 4.44 1 4.41 4.44 3.85 53,762 4.20 6 0.44 Union City 53,762 4.20 1 50,553 3.95 6 4.41 50,553 3.95 1 3.85 2.94 -0.99 Pleasanton 3.85. 37,861 . 2.96 4 -i ,71 Newark 37,861 2.96 1 23,229 1.62 3 2,21 23,229 1.82 1. 3:85 1.47 � 2.42 Dublin 3.85 . 1G.327 1..28 2 .2:42 Albany 16.327 1.28 . 1 10,fi02 0:83 2 1.47 10,602 0.83 1 3.85 0.74 -3.14 Piedmont 3.85 _ 5.740 0.45 1 .. Emeryville 5.740 0.45 1 8:82' 0.88 0 7.69 119 882 9.37 12' �� •Unincor orated Area 119 882 9.37 2 1,279,182 100.00 136_ 10Q.00 SUBTOTAL 1 ,279,182 .100.00 22 Transit operators: -0.82 Livermore/Amador . 0 . 0:04 Valley Transit 1 -0.82 _ � 1 -$�-�f2`y 0 0 00 n 0.00 o.a2 CL AC Transit 1 'Q:82� -4.82 C: BART 0 = 4.04 T, T, Union City Transit r"CO 1 279182 10fl.04 26 100.00 1 279182 100.00 136 100,00 TOTAL "Uninc°rporated areas represented by 2 members of.lhe Board of Supervisors: Mary King � Ed' Campbell CI With one vote each under current constitution and 6 votes each under:propased constitution "using 10,000 rather Phan 160.000 as unit of vote