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HomeMy WebLinkAboutCC Resolution 8305 (County-wide Planning JPA)RESOLUTION NO. 8305 A RESOLUTION AUTHORIZING THE SIGNING OF A JOINT POWERS AGREEMENT THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: The MAYOR is authorized to execute, on behalf of the City of San Rafael, the Countywide Planning Agency Joint Powers Agreement, a copy of which is hereby attached and by this reference made a part hereof. 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 City Council of said City held on Monday, the third day of December, 1990, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor P4ulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JA;7NM. LEOMdINI, City Clerk 11/26/90 COUNTYWIDE PLANNING AGENCY JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, made and entered into this day of , 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, the County and the 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, the transportation capacities; and WHEREAS, the County and the Cities have determined that it would be mutually beneficial to designate the Countywide Planning Agency as the Agency responsible for developing, adopting, and annually updating the countywide Congestion Management Program required by the passage of Proposition 111 in June 1990, WHEREAS, the County and the 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, the County and the 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 the 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 member of the County Board of Supervisors, appointed by the Board to represent the County, and one member of the City Council of each participating City appointed by the 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. IOI/JPAgree3 Each 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. 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. develop, adopt, and annually update a countywide Congestion Management Program which includes: • traffic level of service standards • transit routing and frequency standards • an analysis of the impacts of land use decisions on the performance of the county transportation system including an estimate of the cost of mitigating these impacts • a trip reduction and travel demand ordinance adopted by each local jurisdiction • an on-going 7 year capital improvement program to achieve and maintain the traffic and transit standards, c. determine city and county conformance with the countywide Congestion Management Program on an annual basis, d. review and approve city and county Deficiency Plans for road segments or intersections which do not meet the level of service standards set forth in the Congestion Management Program, e. implement the countywide performance standards for traffic, housing, water and sewer facilities, and environmental protection as outlined on Exhibit A to this Agreement, f. determine whether the Cities and the County have met the eligibility requirements for the sales tax local transportation improvement funds, g. 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 to meet the requirements set forth in the Marin Sales Tax Plan and Congestion Management Program, h. review City and County progress in achieving the Level of Service traffic standards for Highway 101 and other streets and roads of regional significance, i. work with the Cities, the County, the Transportation Authority and local Transit Operators to develop and implement on-going 7 year regional transportation improvement programs designed to achieve the Level of Service standards for Highway 101 and the other streets and roads of regional IOI/JPAgree3 2 significance and the transit standards set forth in the Marin Sales Tax Plan and Congestion Management Program, J. develop and maintain a countywide transportation computer model for evaluating General Plan consistency with the countywide standards and determining city and county conformance with the countywide Congestion Management Program, k. develop a regional traffic mitigation fee to help fund the transportation projects included in the 7 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 Improvement Funds The Countywide Planning Agency will annually determine whether the County and the Cities have met the eligibility requirements for local transportation improvement funds described in detail in the Marin County Transportation Improvement and Growth Management Plan and summarized below; a. Participate in Regional Planning Process Each 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 conformance with the Annual Trip Budget and (4) provide local land use and transportation data for use in the countywide transportation computer model. b. Adhere to Annual Growth Limit Established by Trip Budget Each jurisdiction shall annually submit a complete account of all residential and commercial project approved during the preceding year so that 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 jurisdiction shall adopt Level of Service traffic standards for local street and the regional Level of Service D standard for Highway 101 in accordance with the procedures set forth in the Marin County Transportation Improvement and Growth Management Plan. Each jurisdiction shall also establish and implement policies, programs, and projects to achieve and maintain these Level of Service standards. d. Develop Seven Year Capital Improvement Programs to Meet the Traffic Level of Service Standards Each jurisdiction shall prepare an on-going seven year capital improvement program for implementation of the project needed to meet and maintain its adopted Level of Service traffic standard. IOI/JPAgree3 3 e. Adopt a Traffic Mitigation Fee Program Each 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 local transportation improvement funds h. Participate in the Marin County Transportation Systems Management (TSM) Program. Each 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. Determination of Eligibility for State Gas Tax Subvention Funds The Countywide Planning Agency will annually determine whether the County and the Cities have met the eligibility requirements for state gas tax subvention funds. Local jurisdictions must be in conformance with the countywide Congestion Management Program to be eligible for state gas tax subvention funds. To conform with the countywide Congestion Management Program, each local jurisdiction must: a. comply with the traffic and transit standards outlined in the Congestion Management Program, b. adopt and implement a trip reduction and travel demand ordinance, c. adopt and implement a program to analyze the impacts of their land use decisions on the performance of the county transportation system, and d. adopt Deficiency Plans for road segments or intersections which do not meet the traffic level of service standards outlined in the Congestion Management Program. A local jurisdiction must be a participant in the Countywide Planning Agency in order to be eligible for state gas tax subvention funds. 6. 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; IOI/JPAgree3 4 b. applying for and accepting gifts, donations, grants, subventions, or other financial aids or funds; 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. 7. 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. 8. 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. 9. 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 (1) determinations on whether the Cities and the County have met the eligibility requirements for the sales tax local transportation improvement funds and (2) determinations on whether the cities and the county have met the eligibility requirements for state gas tax subvention 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 on the participating jurisdictions. 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 by the Authority to overturn the Planning Agency decision. This appeal process shall be limited to jurisdictions denied their local transportation improvement funds by the Countywide Planning Agency. IOWJPAgree3 5 The state gas tax subvention funds for each local jurisdiction in the county 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. If a majority of the jurisdictions representing a majority of the population of the jurisdictions participating in the Countywide Planning Agency determine that a local jurisdiction is not complying with the countywide Congestion Management Program, then the local jurisdiction will not be eligible to receive state gas tax subvention funds. 10. 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. 11. 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 the County for staff support. 12. Funding The Countywide Planning Agency will receive up to 2% of the revenue generated each year from the one percent sales tax for transportation. This sales tax revenue will be available for the Agency to use in carrying out the regional planning and growth management responsibilities assigned to it by the Sales Tax Plan and the Countywide Congestion Management Program. Additional revenue which may be needed to carry out the functions of the Agency will be collected from the participating jurisdictions using the gas tax subvention formula based on population and road mileage. 13. 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. IOI/JPAgree3 6 14. Amendments to the Agreement Amendments to this agreement and its exhibits must be approved by a minimum of eight (8) jurisdictions representing two thirds of the total county population. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. DATE: IOI/JPAgree3 7 COUNTY OF MARIN BY DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: DATE: 970 ATTEST NM LEONC NI, City l.erk DATE: DATE: IOI/JPAgree3 8 CITY OF BELVEDERE BY TOWN OF CORTE MADERA BY TOWN OF FAIRFAX BY CITY OF LARKSPUR BY CITY OF MILL VALLEY BY CITY OF NOVATO BY TOWN OF ROSS BY TOWN OF SAN ANSELMO BY TC OF SAN R�AFAEL LAWRENCE E. MULRYAN, ayor CITY OF SAUSALITO BY TOWN OF TIBURON BY EXHIBIT A 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 CAR:checklist I HOUSING STANDARDS H-1 Has the jurisdiction adopted a Housing Element which establishes policies, programs, sites, and quantified objectives to provide and protect an affordable housing supply and does the Element include a requirement for an annual progress report and a public process for evaluating the jurisdiction's progress in implementing the Element? 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 CAR:checklist 2 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 the 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 or implementing measures encourage and promote water conservation measures? Yes No Comments CAR:checklist 3 EXHIBIT B 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. If a jurisdiction's annual Trip Budget is less than 5 afternoon peak hour trips, based on its General Plan, that jurisdiction's annual Trip Budget shall be set at 5 afternoon peak hour trips. 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. IOI: ExhibitB 1 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. However, a jurisdiction which exceeds its three-year Trip Budget by no more than 10 afternoon peak hour trips or 5% of its annual Trip Budget, whichever is smaller, may apply to the Countywide Planning Agency for a variance from the three-year Trip Budget. The Agency's decision whether or not to grant the variance shall be based on specified findings. IOI: ExhibitB 2