TO: HONORABLE MAYOR AND FROM: Toni J. Taber, CMC
CITY COUNCIL City Clerk
SUBJECT: SEE BELOW DATE: October 31, 2023
SUBJECT: Cities Association of Santa Clara County’s Proposed Joint Powers Agreement to Establish the Cities Association of Santa Clara County Joint Powers Agency
Recommendation
As recommended by the Rules and Open Government Committee on October 25, 2023, discuss and take action on the proposed Joint Powers Agency Agreement for Cities Association of Santa Clara County.
CEQA: Not a Project; File No. PP17-003, Agreements/Contracts (New or Amended) resulting in no physical changes to the environment. (Jimenez)
[Rules Committee referral 10/25/2023 - Item C.1]
COUNCIL AGENDA: 10/31/2023
ITEM: 3.5
FILE NO: 23-1530
TO: RULES AND OPEN GOVERNMENT FROM: Councilmember Jimenez
COMMITTEE
SUBJECT: SEE BELOW DATE: October 19, 2023
Approved Date: 10/19/2023
SUBJECT: CITIES ASSOCIATION OF SANTA CLARA COUNTY’S PROPOSED
JOINT POWERS AGREEMENT TO ESTABLISH THE CITIES ASSOCIATION OF
SANTA CLARA COUNTY JOINT POWERS AGENCY
RECOMMENDATION:
Direct the City Manager to:
Agendize for the full City Council a discussion and action on the proposed Joint Powers Agency (JPA) Agreement for Cities Association of Santa Clara County (CASCC)
DISCUSSION:
The Cities Association of Santa Clara County (CASCC) is pursuing a more formal structure and has drafted a Joint Powers Agency (JPA) Agreement. To form a JPA, a JPA Agreement must be approved by the CASCC Board of Directors and then executed by each Member Agency that wishes to join the joint powers authority, which would be called the Cities Association of Santa Clara County Joint Powers Agency (“Agency”). CASCC is seeking input and approval of a proposed JPA from the cities and towns in Santa Clara County (“Member Agencies”). Council review and feedback is requested on the proposed JPA Agreement. Other Member Agencies are similarly considering the proposed Agreement, and some are likely to approve the Agreement as drafted.
Background
Over thirty years ago, the cities and towns in Santa Clara County established the CASCC to improve cooperation on issues of common interest. The CASCC was intended to consolidate and maintain the functions and purposes of the Inter-City Council, the Santa Clara County Mayor’s Conference, and the City Selection Committee for Santa Clara County. In 1990, the cities and towns entered into an agreement to provide some structure and outline the purpose and function of the CASCC. In 2010, the CASCC adopted its bylaws. Currently, the CASCC is an unincorporated association.
The CASCC allows all 15 cities and towns in Santa Clara County to work together on regional issues, advocate at the county, regional and state levels, and provide a voice in policymaking in COUNCIL AGENDA: 10/25/2023
FILE: ROGC 23-237
ITEM: C.1
HONORABLE MAYOR AND CITY COUNCIL
October 19, 2023
Subject: CITIES ASSOCIATION OF SANTA CLARA COUNTY’S JOINT POWERS AGREEMENT TO
ESTABLISH THE CITIES ASSOCIATION OF SANTA CLARA COUNTY JOINT POWERS AGENCY
Sacramento. The work of the CASCC has resulted in some notable achievements and benefits to our cities and towns. The single-use plastic bag ban ordinances passed by all 15 cities and towns originated with the CASCC, as did the Healthy Cities Dashboard in conjunction with Santa Clara County Department of Public Health. Other examples include delivery of county-wide symposia on timely and important topics such as housing and sustainability, providing technical assistance to city staff for Housing Element Updates through the Planning Collaborative, and providing feedback and endorsements for legislative bills under consideration. The CASCC is also a potential avenue for representatives from the different cities to share information, create professional connections and collaborate on issues affecting all the cities and towns.
JPA Consideration
In 2017, the CASCC began reviewing its organizational structure. In August 2020, the CASCC Board voted 12 ayes with 3 absences (Los Altos Hills, Monte Sereno, San José) to take the steps necessary to recommend that member cities form a joint powers authority to provide a more formal and recognized structure and clarity regarding tax status, governmental immunities, and limit the potential liability of the Member Agencies. The vote took place after a presentation considering both a JPA and a 501(c)4. The presentation noted that:
• Since CASCC formation, California and federal law has changed. • CASCC was not originally registered as a governmental entity and attempts to do so with the IRS have been unsuccessful.
• CASCC is growing with respect to its responsibilities and involvement in projects of mutual interest (e.g., Planning Collaborative, SCSC Airplane Noise Roundtable, Silicon Valley Clean Energy, City Selection Committee).
The CASCC conducted outreach and solicited input on the proposed draft JPA over the past two years. The CASCC circulated a draft JPA to all City and Town Attorneys in the County for their review and input and incorporated significant changes into the agreement.
CASCC representatives presented a draft JPA at the SCCCMA meeting on October 12, 2022. Following that meeting, the City Managers submitted a list of 17 questions regarding the JPA to CASCC representatives. The responses to these questions were circulated to the SCCCMA members. At the August 9, 2023, meeting, the CASCC representatives responded to the concerns raised by the City Managers and further edits were made to the draft JPA.
On September 14, 2023, the CASCC Board received the updated draft JPA that included edits responding to comments of the City/Town Attorneys and City Managers. At the meeting, the CASCC Board heard the concerns raised by Board members and City Managers. The CASCC Board aimed to address these concerns by incorporating some additional changes to the draft JPA to clarify that the Agency would not hire employees and to provide some language permitting but not requiring the CASCC Board to appoint a working committee to review new initiatives and provide input. With these changes, the CASCC Board unanimously approved transmittal of the draft JPA to the City Councils for each of the proposed Member Agencies for their consideration and discussion.