CASCC
Joint Powers Authority
Overview
Presented by
Shali Sirkay, Executive Director, CASCC
Jannie Quinn, Esq., Co-General Counsel, CASCC
1 The Value of Membership
in the CASCC
A unified, collective voice to advocate for its member cities at the local, regional and state levels
Equality of membership- one city one vote model
Collective participation in projects (Planning Collaborative) keeps costs down for individual members as opposed to
undertaking such a project on their own
A forum for our councilmembers to learn from each other, as well as from highly-regarded consultants and community
partners through various workshops and symposia on timely and important topics
2 Highlights of the Draft JPA
(Joint Powers Agreement)
Final decisions rest with the Board of Directors. Undertaking new projects or participating in new programs will only happen through a vote of the Board.
The authority of Executive Board (renamed the Executive Committee) has been modified and more oversight and authority has been provided to the entire Board.
The Joint Powers Agency is not authorized to hire employees, acquire property, exercise eminent domain or impose taxes. Professional Services are provided by independent contractors. The Joint Powers Agency may not become a member of CalPERS. The Joint Powers Agency will continue to administer the City Selection Committee, mandated by Gov’t Code 50270 et seq. 3 Benefits of Forming a JPA
Access to insurance which is not available to unincorporated entities
Protection from liability for member agencies since the JPA will be a separate legal entity from the member agencies
Clarification of tax status
Enhance ability to apply for regional and statewide grants Long term fiscal strategy that would help keep costs down while maximizing collaboration with external partners
A structure that is familiar to the member agencies
4 Budget and
Membership Dues
The budget process as currently set forth in the CASCC bylaws will not change. The yearly budget of the Joint Powers Agency will be developed using the same parameters as the current budget, namely the budget is an operational budget and will align with current CASCC finances, and therefore will not exceed those finances.
The budget will not increase solely as a result of becoming a Joint Powers Agency
Membership dues will continue to be based on the size of member cities.
Should not all cities join the Joint Powers Agency, the dues of member agencies will not change; rather the Board will decide how to adjust the budget to align with CASCC's finances and priorities. 5 Status of City Council Votes on
JPA (current as of 10/26/23)
The following have voted to pass the JPA (parentheses are the dates of the meeting when the vote happened):
• Los Altos (Sept 26)
• Cupertino (Oct 17 on consent)
• Saratoga (Oct 18)
• Los Altos Hills (Oct 19 on consent)
• Palo Alto (Oct 23)
• Mountain View (Oct 24 on consent)
• Sunnyvale (Oct 24 on consent)
The following cities have agendized the JPA as an action item at an upcoming council meeting (parentheses is the date of that council meeting):
• Campbell (Nov 7)
• Monte Sereno (Nov 7)
• Los Gatos (Nov 7)
• Santa Clara (Nov 7)
• Morgan Hill (Dec 6)
Milpitas voted not to participate in the JPA on Oct 17 6 Next Steps if the JPA is
Approved
All member cities will sign JPA (joint powers agreement) Dissolution of the unincorporated association
Register Joint Powers Agency with the Secretary of State Draft new bylaws by reviewing existing CASCC bylaws
Prepare personnel policy handbook which would include policies that apply to the organization’s independent contractors and Board members
7 We respectfully ask that you
consider the JPA presented before
you and vote to approve the
CASCC JPA.
Questions?
8 Appendix
9 What is a JPA (Joint Powers
Authority)?
The Joint Exercise of Powers Act, as codified in California Government Code section 6500, governs Joint Powers Authorities. Joint Powers Authorities are legally created entities that allow two or more public agencies to jointly exercise common powers. The Act also allows public agencies to form a separate legal entity.
Forming a separate legal entity can be beneficial because the debts, liabilities and obligations of the JPA belong to that entity, and not to the contracting parties.
The governing bodies of all the contracting public agencies must approve the agreement to become a member of the JPA.
This agreement sets forth both the powers of the JPA and the manner in which it will be exercised.
Government Code requires accountability from JPAs, including regular audits.
10 History of the CASCC
Santa Clara County (SCC) is one of the few counties in California that has a large population (1.9 million) comprised of some of the smaller and larger cities in the state.
The CASCC was formed in 1990 (and amended in 1995) to provide a collective voice for our county at the local, regional and state level. Since its formation, CASCC has operated as a non-governmental, unincorporated organization.
CASCC continued to evolve and undertake projects of mutual interest and benefit to its members
After consideration of various forms of legal structures, the CASCC Board of Directors voted unanimously selected a Joint Powers Authority as the preferred structure in August 2020.
A Joint Powers Authority would address and clarify indemnification and liability, provide access to insurance and clarify the tax status of the organization
11 Examples of What We
Accomplished Collectively
Silicon Valley Clean Energy (SVCE) was created through a collaboration between CASCC member cities following an in- depth evaluation of the potential of Community Choice Energy. The single-use plastic bag ban ordinances passed by all 15 cities originated in the CASCC
The Healthy Cities Dashboard came from a collaboration between the SCC Dept. of Public Health and CASCC.
The Planning Collaborative has provided invaluable technical assistance to all of our cities for their Housing Elements. The depth and breadth of the technical assistance provided is more than what many of our cities are able to fund on their own. 12 Accomplishments (con’t)
During the COVID-19 pandemic, the work of the CASCC resulted in a stronger partnership with our County. In recognition of its solid work, the CASCC was awarded the President’s Medal for Exemplary Service during the COVID-19 Pandemic by the SCC Board of Supervisors.
Due to the ongoing efforts of our Legislative Action Committee (LAC), CASCC is seen as an important and significant voice in policymaking. Legislators often elicit feedback and
endorsements from the CASCC, and look forward to speaking at our meetings.
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