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HomeMy WebLinkAboutMINUTES - 03241992 - TC.2 T. C. 2 • �--�-=°�_ TO: BOARD OF SUPERVISORS Contra f FROM: TRANSPORTATION COMMITTEE 's Costa County DATE: March 3, 1992 c >q--W SUBJECT: Report on CCTA Ordinance 92-01 Amending Measure C (1988) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Accept the report on Contra Costa Transportation Authority's (Authority) Ordinance 92-01 amending Measure C (1988) to allow exclusion of the Authority's transportation planning, growth management, and congestion management agency (CMA) activities from their one percent limit on salaries and benefits, and to allow funding of these costs with sales tax revenues. FISCAL IMPACT None at this time. CCTA proposal does have the potential for eventually requesting a contribution from the County to help fund CMA expenses. BACKGROUND,/REASONS FOR RECOMMENDATIONS On February 19, 1992, the Contra Costa Transportation Authority (Authority) approved for circulation to all regional committees the attached amendment (see Exhibit A) to the Measure C (1988) ordinance. This amendment allows the Authority to exclude regional planning, growth management, and congestion management agency activities from the Authority's one percent limit on employee salaries and benefits. The Authority proposal appears consistent with the position of the Board of Supervisors on the one percent salary and benefit limit, which the Board adopted on February 25, 1992. It is important to note that the proposal allows the use existing Authority sales tax revenues to fund these activities for Fiscal Year .1992. At this time Authority staff has deferred their prior proposal to request CONTINUED ON ATTACHMENT: XX YES SIGNATURE _ RECOMMENDATION OF COUNTY ADMINISTRATOR XX RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER /ON SIGNATURE (S) : R I. Schroder Tom Torlakson ACTION OF BOARD ON March 24. .1992 APPROVED AS RECOMMENDED X OTHER• i VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS •A X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED March 24, 1992 cc: Public Works Department PHIL BATCHELOR, CLERK OF CCTA (via CDD) THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY a (d e�eJu , DEPUTY Report on CCTA Ordinance 92-01 March 3, 1992 Page- Two supplemental funding from the cities and the County, and to apportion these contributions based on each jurisdiction's share of county-wide Proposition 111 gas tax subventions received from the State. The Authority staff plans to combine the issue of supplemental funding for Congestion Management Agency (CMA) activities with development of the CMA's work program. Development of the CMA work program will be referred to the Authority's' Technical Coordination Committee is the next several months. County staff will closely monitor discussions at the TCC and alert the Transportation Committee to any future proposals that would involve excessive CMA costs or require the County to fund a disproportionate share of these costs. Contra Costa Transportation Authority 1340 Treat Blvd., Suite 150 Walnut Creek, CA 94596 (510) 938-3970 FAX (510) 938-3993 Date: February 20, 1992 TO: All Regional Transportation Planning Committees FROM: Jeff Davis, Administrative and Fiscal Officer, CCT SUBJECT: Authority Ordinance No. 92-01 and,Resolution 92 A On Wednesday, February 19, 1992, the Authority approved for circulation to all the regional committees for their review Authority Ordinance No. 92-01 and Resolution 92--A- These 2=A.These two proposed actions are intended to clarify the language of the existing Ordinance No. 88-01 with respect to the "one percent" issue and the Authority's designation as Contra Costa's Congestion Management Agency. Specifically, the ordinance and resolution revisions: (1) amend Section 13 ("Administrative Expenses") of Ordinance 88-01 by defining what are appropriate administrative staff functions under the one percent salary and benefit.limitation. Managing, supervising, performing or contracting for projects, planning and growth or congestion management are not defined as administrative staff functions. These non-administrative costs are to paid from revenues allocated to their respective program category in the Expenditure Plan; (2) permit costs associated with the Congestion Management Program to be eligible expenditures of the Measure C Growth Management Program as described in the Expenditure Plan ($10,000,000 in 1988 dollars). The Authority is seeking regional committee review and comment this month so that it can consider the proposed actions for its March 18, 1992 meeting. According to Ordinance No. 88-01, once adopted by the Authority by a two-thirds vote, the amendments will become effective 45 days following adoption. The adopted amendment-can be overturned only if during the 45-day comment period resolutions supporting an override'of the amendment are adopted by cities comprising a majority of the population in the incorporated area and the Board of Supervisors. CONTRA COSTA TRANSPORTATION AUTHORITY ORDINANCE NO_ 92-01 AMENDING ORDINANCE 88-01 REGARDING ONE PERCENT LIMITATION ON EXPENDITURES FOR STAFF SALARIES AND BENEFITS WITH RESPECT TO PROJECT, PLANNING AND CONGESTION MANAGEMENT PROGRAM ACTIVITIES AND AUTHORIZING EXPENDITURE OF SALES TAX PROCEEDS FOR THE PURPOSE OF FUNDING CONGESTION MANAGEMENT PROGRAM ACTIVITIES° WHEREAS, the Contra Costa Transportation Authority adopted its Transportation Improvement and Growth Management. Ordinance (Ordinance No, 88-01) (the "Ordinance") and Transportation improvement and Growth Management Expenditure Plan (the "Expenditure Plan") in accordance with provisions of the Local Transportation Authority and Improvements Act, California Public Utilities Code Sections 180000 et sect. (the "Act") in order to authorize imposition of a one half cent sales tax for the purpose of funding and for the implementation of the projects and programs identified in the Expenditure Plan; and WHEREAS, the Ordinance at Section 13 provides that in no case shall annual expenditures for the salaries and benefits of the staff of the Authority exceed one percent of the annual revenues provided by the Ordinance; and WHEREAS, the Act, at Section 180109(b) provides that the Authority shall not expend more than one percent of the funds generated. pursuant to the Act in any year for salaries and benefits of .its staff; and WHEREAS, the Ordinance, at Section 13, further provides .that costs of performing or contracting for project related work shall be paid from the revenues allocated to the appropriate purpose as set forth in the Ordinance; and WHEREAS, the Authority has been designated by the cities in Contra Costa and the County as Congestion Management Agency ( "CMA") for the county pursuant to provisions of Senate Constitutional Amendment 1 ( "SCA 1") approved by the voters of the State in June 1990, thereby being charged with the statutory obligation to carry out Congestion Management Program responsibilities for Contra Costa County; and WHEREAS, SCA I does not specify any source of funding . for CMAs, although SCA I indicates that gas tax revenues being returned to local Jurisdictions pursuant to SCA 1 are available for such purpose; and WHEREAS, neither CMA functions nor Growth Management Program activities authorized by the Ordinance and Expenditure Plan were contemplated in 1987 when the Act was passed by the state legislature; and W MEAS, when the Ordinance was adopted and approved by the voters of Contra Costa in 1988, project, planning and Growth Management staff costs were contemplated as outside the scope of administrative functions intended to be managed within the 1% limitation on staff salaries and benefits provided in the Act and the Ordinance; and WHEREAS, REAS, the Authority, in consideration of the matters set forth above, believes it to be appropriate and consistent with the intent of the Act and the Ordinance to (i) fund a portion of CMA activities with sales tax proceeds authorized by the Ordinance, and (ii) to exclude from the limitations set forth in Section 180109. of the Act and Section 13 of the Ordinance, staff salaries and benefits related to carrying out project, planning, CMA and Growth Management functions; NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS: 1. The first paragraph of Section 13 of the Ordinance is amended as follows: Section 13. ADMINISTRATIVE EXPENSES. Revenues may be exp6fided by the Authority for salaries, wages, benefits, overhead and those services including contractual services necessary to administer the Ordinance; however, in no case shall the annual expenditures for the salaries and benefits of the staff necessary to perform administrative functions for the Authority exceed one percent of the annual revenues provided by the Ordinance. Administrative functions are providing overall program direction and management necessary to implement Authority policy; formulating organizational goals and objectives; coordinating the activities of regional transportation planning committees; performing finance, accounting, purchasing, personnel, government and community relations; and legal matters. Managing, supervising, performing or contracting for projects, planning and growth or congestion management , functions are not administrative functions and shall be paid from the revenues allocated to the appropriate purpose as set forth herein. -2- SST/229 2. Section 2 of the Ordinance is amended by the addition of the following language at the end of the Section: Expenditures for staff salaries and benefits for projects, programs and planning, including Growth Management Program functions and as the County's designated Congestion Management Agency shall be included within and subject to funding under the applicable allocation provided for in the Expenditure Plan, or from other sources. 3. In accordance with Section 9 of the Ordinance and subject to the limitations set forth therein,. the foregoing amendments shall become effective 45 days following the adoption thereof by two thirds vote of the Authority. Chairman This Ordinance was adopted at a meeting of the Contra Costa Transportation Authority held on , 199_, in Walnut Creek, California ATTEST: Robert R. McCleary Executive Director -3- SST/229 CONTRA COSTA TRANSPORTATION AUTHORITY Resolution No. 92---.A AMENDING. THE EXPENDITURE PLAN AND AUTHORISING EXPENDITURE OF SALES TAX PROCEEDS FOR THE PURPOSE OF FUNDING CONGESTION MANAGEMENT PROGRAM ACTIVITIES WHEREAS, the Contra Costa Transportation Authority adopted its Transportation ,Improvement and Growth Management _ Ordinance (Ordinance No. 88-01) (the "Ordinance") and Transportation Improvement and Growth Management Expenditure Plan (the "Expenditure Plan") in accordance with provisions of the Local Transportation Authority and Improvements Act, California Public Utilities Code Sections 180000 et sea. - (the "Act") in order to authorize imposition of a one half cent sales tax for the purpose of funding and for the implementation of the projects and programs identified in the Expenditure Plan; and WHEREAS, the Ordinance at Section 13 provides that in no case shall annual expenditures for the salaries and benefits of the staff of the Authority exceed one percent of the annual revenues provided by the Ordinance; and WHEREAS, the Act, at Section 180109(b) provides that the Authority shall not expend more than one percent of the funds generated pursuant to the Act in any year for salaries and benefits of its staff; and WHEREAS, . the Ordinance, at Section 13, further provides that costs of performing or contracting for project related work shall be paid from the revenues allocated to the appropriate purpose as set forth in the Ordinance; and WHEREAS, the Authority has been designated by the cities in Contra Costa and the County as Congestion Management Agency ( "CMA" ) for the county pursuant to provisions of Senate Constitutional Amendment 1 ( "SCA 1") approved by the voters of the State in June 1990, thereby being charged with the statutory obligation to carry out Congestion Management Program responsibilities for Contra Costa County; and WHEREAS, SCA 1 does not specify any source of, funding for CMAs, although SCA 1 indicates that gas tax revenues being returned to local jurisdictions pursuant to SCA 1 are available for such purpose; and WHEREAS, neither CMA functions nor Growth Management Program activities authorized by the Ordinance and Expenditure Plan were contemplated in 1987 when the Act was passed by the state legislature; and WHEREAS, when the •Ordinance and Expenditure Plan were adopted, and the Ordinance was approved by the voters of Contra Costa, project, program and planning staff costs, including Growth Management staff costs were contemplated as outside the scope -of programs and projects intended to be managed within the 1% limitation on staff salaries and benefits provided in the Act and the Ordinance; and WHEREAS, the Authority, in consideration of the matters set forth above, believes it to be appropriate and consistent with the intent of the Act, the Ordinance and the Expenditure Plan to (i) fund some CMA activities with sales tax proceeds authorized by the Ordinance, and (ii) to exclude from the limitations set forth in Section 180109 of the Act and Section 13 of the Ordinance, staff salaries and benefits - related to carrying out CMA and Growth Managegient Program functions; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. Amend the definition of Regional Transportation Planning and Growth Management contained in the Expenditure Plan (page 8 of the Expenditure Plan) as follows: Regional Transportation Planning and Growth Management: Develop a countywide Comprehensive Transportation Plan and computermodel and update it every two years, provide technical support for the Regional Transportation Planning Committees, and conduct transportation and growth management studies. The Authority may, if so designated, act as -the countywide Congestion Management Program Agency and carry out functions consistent with such designation. The Authority shall annually budget a percentage of the net tax revenue for regional transportation and growth management purposes. 2. Amend the Growth Management Program as described in the Expenditure Plan by amending the first paragraph of the Introduction (page 9) as follows: Consistent with and in furtherance of its role as the county's designated Congestion Management Program Agency, while serving such role, the overall goal of the Growth Management Program is to achieve a cooperative process for Growth Management on a countywide basis, while maintaining local authority over land use decisions and the -2- SST/229 establishment of performance standards. The Growth Management and Congestion Management Programs functions shall, to the extent possible, be harmonized. To the extent they conflict, Congestion Management Program activities shall take precedence over. Growth Management Program activities. 3. In accordance with Section 8 of the Ordinance and subject to the limitations and requirements set forth therein, the foregoing amendments shall become effective 45 days following adoption by majority vote of the Authority. Chairman This Resolution was adopted at A meeting of the Contra Costa Transportation Authority held on , 199_1 . in Walnut Creek, California ATTEST: Robert R. McCleary Executive Director -3- SST/229 ,/