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HomeMy WebLinkAboutCC Resolution 8191 (Coutywide Planning Agency)RESOLUTION NO. 8191 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE MAYOR TO SIGN THE JOINT POWERS AGREEMENT TO ESTABLISH A COUNTYWIDE PLANNING AGENCY WHEREAS, the 101 Corridor Study identified needed transportation improvements to meet future needs; and WHEREAS, even with all State funding sources, passage of a countywide sales tax measure is critical to the funding of needed transportation improvements; and WHEREAS, a coordinated growth management plan is a necessary component of the transportation improvement program sales tax measure; and WHEREAS, cities, the county, environmental groups and other community organizations have been involved in the drafting of the growth management plan; and WHEREAS, the growth management plan has been significantly expanded to include standards for environmental protection, housing, water and sewer facilities as well as traffic management; and WHEREAS, a Countywide Planning Agency has been proposed to administer these countywide planning standards and to review local general plans against these standards; and WHEREAS, cities must participate in the Countywide Planning Agency and adhere to the Countywide Planning standards in order to be eligible for local shares of the sales tax funds; and WHEREAS, a joint powers agreement forming the Countywide Planning Agency is proposed; and WHEREAS, major San Rafael concerns with the Joint Powers Agreement have been satisfactorily resolved. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Rafael authorizes the mayor to sign the Joint Powers Agreement establishing and agreeing to participate in the Countywide Planning Agency. I, JEANNE M. LEONCINI, clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 18th day of June, 1990, by the following vote, to wit. AYES: Councilmembers : Boro, Brei ner, Shippey, Thayer & Mayor Mul ryan NOES: Councilmembers : None ABSENT: Councilmembdrs : None ------------�Cftfidf ------ JEA M. LE( 111' liq� 111: ,'s��1111 6/4/90 COUNTYWIDE PLANNING AGENCY JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, made and entered into this 18th day of June , 1990, by and between the County of Marin, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the cities of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon, municipal corporations of the State of California, hereinafter referred to as "CITIES". WITNESSETH WHEREAS, COUNTY and CITIES have determined that it would be mutually beneficial to establish a Countywide Planning Agency to implement countywide performance standards for traffic, housing, water and sewer facilities, and environmental protection to ensure that residential and commercial growth does not exceed local water, sewer, and transportation capacities; and WHEREAS, COUNTY and CITIES have determined that it would be mutually beneficial for the cities to participate directly with the County in updating the Countywide General Plan; WHEREAS, COUNTY and CITIES have determined that the mutual exercise of hereinafter designated functions to achieve the above purposes would be beneficial to all parties; and WHEREAS, Chapter 5 of Division 7 of Title I of the California Government Code commencing with Section 6500 authorizes Joint Powers Agreements for the provision of government services for these purposes, NOW, THEREFORE, BE IT RESOLVED that the COUNTY and CITIES agree as follows: 1. Creation of Agency A public agency to be known as the Countywide Planning Agency is hereby created as a separate legal entity formed pursuant to the provisions of Article 1, Chapter 5, Division 7 of Title I of the California Government Code relating to the joint exercise of powers common to public agencies. 2. Governing Body The Governing Body of the Countywide Planning Agency shall include one representative of the County Board of Supervisors appointed by the Board to represent the County, and one representative from each participating city appointed by their respective City Council, provided that the Governing Body includes a minimum of eight (8) members from jurisdictions representing two thirds of the total county population based on annual estimates from the State Department of Finance. Eac member of the Governing Body shall serve at the pleasure of the appointing body. An alternate may be appointed by each appointing body and such alternate may act with full powers in the absence of the regular member of the Governing Body. C9P_Y The Governing Body shall elect from its own members a chair and vice chair whose terms of office shall be determined by the Governing Body. 3. Duties The Countywide Planning Agency shall perform the following duties: a. work with the County to update the Countywide Plan by reviewing and commenting on individual plan elements, b. implement the countywide performance standards for traffic, housing, water and sewer facilities, and environmental protection as outlined in Exhibit A to this Agreement, c. determine whether the cities and the county have met the eligibility requirements for the sales tax local transportation improvement funds, d. work with the cities, the county and the Transportation Authority to establish Level of Service traffic standards for Highway 101 and other streets and roads of regional significance, e. review city and county progress in achieving the Level of Service traffic standards for Highway 101 and other streets and roads of regional significance, f. work with the cities, the county and the Transportation Authority to develop and implement on-going 5 year regional transportation improvement programs designed to achieve the Level of Service standards for Highway 101 and the other streets and roads of regional significance, g. develop and maintain a countywide transportation computer model to be used in evaluating General Plan consistency with the countywide standards established by the Agency, h. develop a regional traffic mitigation f ee to help fund the transportation projects included in the 5 year regional transportation improvement program. None of the duties contained herein shall be deemed to be a delegation of land use authority within the respective jurisdictions of the parties. 4. Determination of Eligibility for Sales Tax Local Transportation ImDrovement Funds The Countywide Planning Agency will determine whether the cities and the county have met the eligibility requirements for local transportation improvement funds described in detail in the Marin Sales Tax Expenditure Plan and summarized below: a. Participate in Regional Planning Process Each local jurisdiction shall (1) participate in the Countywide Planning Agency established by this Joint Powers Agreement, (2) submit its General Plan for review by the Planning Agency for consistency with the countywide standards outlined in Exhibit A to this agreement for traffic, housing, water and sewer facilities, and environmental protection, (3) submit a complete account of all residential and commercial projects approved each year to the Planning Agency for review for confromance with the Annual Trip Budget and (4) provide local land use and transportation data for use in the countywide transportation computer model. 2 b. Adhere to Annual Growth Limit Established by Trip Budget Each local jurisdiction shall annually submit a complete account of all residential and commercial projects approved during the preceding year so the Agency can determine whether the jurisdiction has complied with the annual growth limit established by its annual trip budget as described in Exhibit B to this agreement. c. Adopt Traffic Level of Service Standards Each local jurisdiction shall adopt Level of Service traffic standards for local streets and the regional Level of Service D standard for Highway 101 in accordance with the procedures set forth in the Marin Sales Tax Plan. Each jurisdiction shall also establish and implement policies, programs, and projects to achieve and maintain these Level of Service standards. d. Develop Five Year Capital Improvement Programs to Meet the Traffic Level of Service Standards Each jurisdiction shall prepare on-going five year capital improvement programs for implementation of the projects needed to meet and maintain their adopted Level of Service traffic standards e. Adopt a Traffic Mitigation Fee Program Each local jurisdiction shall establish a local traffic mitigation fee to fund the local transportation improvements needed for new development and a regional traffic mitigation fee for the regional improvements needed for new development. The regional mitigation fee levied by each jurisdiction shall be based on the regional fee developed by the Countywide Planning Agency. f. Agree that local transportation improvement funds are intended to supplement rather than replace existing dedicated or discretionary transportation funding programs. g. Consider local transit, paratransit, school transportation, and bikeway needs when deciding how to spend their local transportation improvement funds. h. Participate in the Marin Countv Transportation Systems Management (TSM) Program Each local jurisdiction shall participate in the TSM Program which is adopted by a majority of the cities and the county. This program is expected to be based on the model TSM Ordinance developed by the county. 5. Powers The Countywide Planning Agency is hereby authorized to do all acts necessary to carry out the duties described in Section 3 including but not limited to: a. executing contracts; b. applying for and accepting gifts, donations, grants, subventions, or other financial aids or funds; 3 c. employing agents and employees; d. adopting an annual budget setting forth all administrative, operational, and capital expenses for the Agency to be financed, at least in part, from the 2 percent of the sales tax allocated for regional planning; e. suing and being sued in its own name; f. incurring debts, liabilities, or obligations; g. executing warrants or other evidence of indebtedness; h. financing costs and expenses incidental to the projects of the Agency. The Agency shall not have the power to levy ad valorem property taxes and shall not have any powers over land use zoning or subdivision approvals within the boundaries of any of its member jurisdictions. 6. Meetings Regular meetings of the Governing body of the Countywide Planning Agency shall be held at such times and places as established by the Agency by resolution. All such meetings, including regular, adjourned or special meetings shall be called, noticed, and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 through 54960 of the Government Code of the State of California. 7. Quorum A majority of the members of the Governing Body shall constitute a quorum for transacting business except that less than a quorum may adjourn a meeting. 8. Voting A majority of the jurisdictions participating in the Countywide Planning Agency representing a majority of the population of the participating jurisdictions will be required for all Agency actions except determinations on whether cities and the County have met the eligibility requirements for the sales tax local transportation improvement funds. The local transportation improvement funds for each jurisdiction participating in the Countywide Planning Agency will be approved by the Countywide Planning Agency unless opposed by a majority of the jurisdictions on the Planning Agency representing a majority of the population of the participating jurisdictions. Local jurisdictions denied their local transportation improvement funds by the Countywide Planning Agency may appeal the Planning Agency decision to the Transportation Authority with a minimum of 4 votes required on the Authority to overturn the Planning Agency decision. This appeal process shall be limited to local jurisdictions denied their local transportation improvement funds by the Countywide Planning Agency. 9. By -Laws The Governing Body of the Countywide Planning Agency may adopt such by-laws, rules and regulations for the conduct of its affairs as may be required. 4 10. Staffing The Countywide Planning Agency may appoint and retain staff as necessary to fulfill its powers, duties and responsibilities under this Agreement, including the appointment of temporary or permanent staff, or contracting with Consultants and/or the cities or County for staff support. 11. Fiscal Agent The Marin County Auditor -Controller and Treasurer -Tax Collector shall be the Auditor and Treasurer for the Countywide Planning Agency pursuant to Section 6505.6 of the Government Code. The Agency shall be strictly accountable to all participating jurisdictions for all receipts and disbursements. The Agency may not obligate itself beyond the monies due to it under this Agreement as outlined in paragraph 5d plus any monies on hand or irrevocably pledged to its support from other sources. No obligation contracted by the Agency shall bind the CITIES or the COUNTY. In the event that liability is imposed upon the Agency by a Court of competent jurisdiction by reason of negligent or willful act or omission of it by its officers or employees, the monetary judgment against the Agency shall be paid by the participating jurisdictions found to be liable in the court's judgment. 12. Amendments to the Agreement Amendments to this agreement and its exhibits must be approved by all of the jurisdictions participating in the Countywide Planning Agency established by this agreement. 13. Restrictions This agreement is entered into under the provisions of Government Code Section 6500 et seq. concerning joint powers agreements. The powers to be exercised hereunder shall be subject to the restrictions upon the manner of exercising those powers as limited by law. 14. Withdrawal and Termination of Membership in Agency The COUNTY or a CITY may withdraw from the Agency on July 1 of any given year provided the local jurisdiction has provided the Agency with at least 90 days notice of its intent to withdraw in writing. A withdrawal from the Agency shall require the dissolution of the Agency if it results in fewer than 8 jurisdictions participating in the Agency representing less than two thirds of the total county population. 15. Disposition of Assets Upon Termination of Agency In the event that the Agency is terminated, any assets remaining after all liabilities, encumbrances and liens have been paid shall be distributed to the member cities and the county using the gas tax allocation formula based on population and road mileage. 16. Indemnification Each party to this agreement hereby agrees to indemnify, defend, and hold harmless, the agency and each of the other parties in connection with any claims or suits pertaining to land use decisions within that party's jurisdiction. Any suit or claim pertaining to land use decisions shall be the sole responsibility of the party which has planning jurisdiction over the land in question and that party shall defend and assume responsibility for any claims or suits against the agency or any other party hereto. 17. Execution of Agreement This agreement shall become effective when representatives of the county and a minimum of 7 cities representing two thirds of the total county population have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties, or until January 1, 2011, whichever is earlier, provided, however, that this agreement may be renewed or amended by mutual agreement. IN WITNESS WHEREOF, the parties hereto have entered into the Agreement the day and year first above written. COUNTY OF MARIN DATE: BY CITY OF BELVEDERE DATE: BY TOWN OF CORTE MADERA DATE: BY TOWN OF FAIRFAX DATE: BY CITY OF LARKSPUR DATE: BY CITY OF MILL VALLEY DATE: BY 6 DATE: DATE: DATE: DATE: 6// B1 �o ATTEST: lilt LLu, i 'y Clerk DATE: DATE: IOI/JPAgree2 r► CITY OF NOVATO BY TOWN OF ROSS BY TOWN OF SAN ANSELMO BY CITY OF SAN RAFAEL r' LAWRENCE E. MULRYAN, Mayor CITY OF SAUSALITO BY TOWN OF TIBURON BY Ei 1:0.10011.0 COUNTYWIDE PLANNING STANDARDS CHECKLIST ENVIRONMENTAL STANDARDS E-1 Does the general plan require protection of environmental resources such as wetlands, ridgelines, creeks, and shorelines? Yes No Comments Wetlands: E-2 Does the general plan prohibit the filling of wetlands or require mitigation for filling wetlands? Yes No Comments E-3 Does the general plan require a significant buffer zone between development projects and adjacent wetlands? Yes No Comments Creeks and Streams: E-4 Does the general plan require setbacks from the tops of stream banks? Yes No Comments E-5 Does the general plan require the preservation of riparian habitat contiguous to creeks and streams? Yes No Comments Ridgelands: E-6 Does the general plan require low density development and clustering on hillsides and ridges to preserve vegetation and scenic resources? Yes No Comments Open Space: E-7 Does the general plan include an open space plan designating lands for preservation as greenbelts, community separators, environmental resources, public safety and recreation? Yes No Comments E-8 Does the general plan include an implementation program for acquiring or preserving these lands? Yes No Comments HOUSING STANDARDS H-1 Has the jurisdiction adopted a Housing Element which meets the current state requirements for Housing Elements? Yes No Comments H-2 Can the jurisdiction demonstrate reasonable and continuing efforts to achieve measurable progress in preserving and increasing its supply of affordable housing through a variety of programs which may include: mixed use development, condominium conversion ordinances, high density development along major transit routes, housing impact fees, second units, land banking, minimum development standards, and significant inclusionary requirements.? Yes No Comments H-3 Does the jurisdiction's general plan analyze the relationship between existing and projected jobs and existing and projected housing in the jurisdiction, the planning area, and the county, and does the general plan include policies and programs which address this relationship? Yes No Comments H-4 Has the local government established a procedure and assigned staff to promote or assist in the development and financing of affordable housing and to conduct an annual review of progress in implementing the Housing Element? Yes No Comments TRANSPORTATION STANDARDS T-1 Does the jurisdiction's general plan include traffic level of service standards and implementation programs to achieve and maintain the adopted level of service standards? Yes No Comments T-2 Does the jurisdiction's general plan or capital improvement program identify the improvements needed to achieve and maintain its adopted level of service standards? Yes No Comments T-3 Have realistic funding sources been identified and secured for the needed capital improvements? Yes No Comments T-4 Has the jurisdiction adopted a traffic mitigation fee program based on the capital projects needed to achieve and maintain the level of service standards? Yes No Comments T-5 Is the jurisdiction's general plan consistent with the eligibility requirements in the transportation sales tax plan concerning traffic level of service, capital projects, traffic mitigation fees and transportation systems management? Yes No Comments T-6 Does -he general plan require that new development may be constructed only after funding for needed transportation improvements has been guaranteed, environmental review has been completed, and findings have been made that the needed improvements will be completed in time to prevent the jurisdiction's adopted level of service standards from being exceeded? Yes No Comments STANDARDS FOR COMMUNITY FACILITIES AND SERVICES CF -1 Do the general plan or implementing measures require coordination with water and sanitary districts in the provision of adequate water and sanitary facilities to service existing and future development? Yes No Comments CF -2 Do the general plan or implementing measures require that a development project provide evidence that water and sanitary sewer connections have been granted before a development receives final ministerial permits, e.g., final map, parcel map or building permits? Yes No Comments CF -3 Do the general plan or implementing measures require the jurisdiction to report to the appropriate water and sanitary districts on development activities for which the district needs statistics or other information? Yes No Comments CF -4 Do the general plan o conservation measures? Comments CAR/checklist r implementing measures encourage and promote water Yes No 1:0,14 00 IID D ANNUAL TRIP GENERATION BUDGET PLANNING STANDARD In determining whether each of the cities and the county have met the eligibility requirements for Local Transportation Improvement Funds, the Countywide Planning Agency (Agency) shall annually review the developments approved by each of the cities and by the county for conformance with each jurisdiction's Annual Trip Generation Budget (Trip Budget). The Annual Trip Generation Budget for each city and for the county is defined as the total afternoon peak hour trips which would be generated by the buildout of all development permitted in the General Plan of each city and of the county divided by the number of years required for the completion of the transportation system which would be needed to serve the development permitted in each General Plan. The new trips which would be generated by the build -out of each General Plan shall be determined using the traffic engineering industry standard trip making rates as presented in Trip generation, 4th Edition, prepared by the Institute of Transportation Engineers and applied to the land use and development permitted in each General Plan. The number of years which shall be used to divide into the total added trip generation and thereby establish the annual trip Budget shall be set as the time required to complete the transportation system improvements as described in the Marin County Transportation Improvement and Growth Management Plan. The Transportation Improvement Plan is scheduled to be complete in 20 years. The Trip Budget for each city and for the county shall be established by the Agency at the time when the General Plan for each jurisdiction is reviewed for conformance with the countywide standards included in the County Growth Management Program. The Trip Budget for each jurisdiction shall be recalculated whenever a jurisdiction amends its General Plan. At the end of each year, each city and the county shall submit a report to the Agency on the number, type and scale of projects approved and the number of afternoon peak hour trips which would be generated by projects approved in the preceding year. A jurisdiction shall be found to be in conformance with its Annual Trip Budget if the total afternoon peak hour trip generation from projects approved in the preceding year is less than the Annual Trip Budget for that particular jurisdiction. Trips which would be generated due to the approval of low or moderate income housing developments shall be excluded from the calculation of afternoon peak hour trips generated by projects approved in the preceding year. In order to account for normal variations in the rate of development activity caused by factors beyond local control, local jurisdictions will be allowed to exceed their annual Trip Budget for up to two consecutive years without losing their Local Transportation Improvement Funds so long as the afternoon peak hour trips generated by the development approved by that jurisdiction over a three year period does not exceed the sum of three years of the jurisdiction's annual Trip Budget. For each of the first or second years when a city or the county exceeds its Trip Budget, that jurisdiction shall be determined by the Agency to not be in conformance with the Trip Budget planning standard and shall not be eligible to receive its share of Local Transportation Improvement Funds in that year but would remain eligible to receive these funds at the following annual review of its development approval activities. The funds not allocated to a city or the county because it did not meet the Trip Budget planning standard shall be placed in reserve until the end of three years following the first time the city or the county exceeded its Trip Budget. If, at the end of the three year period from when the Trip Budget was first exceeded, the city or the county has approved new development which would generate fewer trips than the sum of three years of its annual Trip Budget, the city or the county shall be determined by the Agency to be in conformance with the Trip Budget planning standard for that three year period and shall be eligible to receive three years of Local Transportation Improvement Funds funds. If, at the end of the three year period from when the Trip Budget was first exceeded, a city or the county has approved new development which would generate trips in excess of the sum of three years of its annual Trip Budget, the Local Transportation Improvement Funds for those three years shall be returned to the Transportation Authority for use as the Authority deems appropriate. The city or the county would never again be eligible for the three years of funds which are returned to the Authority but would remain eligible for subsequent fund allocations in future years. M/ExhibitB 2