•10/10/2023 Item #5
CITIES ASSOCIATION
OF SANTA CLARA COUNTY
CASCC
Joint Powers Authority
Overview
Presented by Hon. Chappie Jones
Former Vice Mayor, City of San Jose
Former Board President, CASCC Board of Directors
CITIES ASSOCIATION
OF SANTA CLARA COUNTY
History of the CASCC
• Santa Clara County (SCC) is one of the few counties in California that has a large population (1.g 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
POST MEETING MATERIAL
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CITTES ASSOCIATION
OF SANTA CLARA COUNTY
Examples of What We
Accomplished Collectively
• Silicon Valley Clean Energy (SVCE) was created through a collaboration between CASC 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.
CITIES ASSOCIATION
OF SANTA CLARA COUNTY
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), CASC 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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CITIES ASSOCIATION
OF SANTA CLARA COUNTY
What is a JPA (Joint Powers
Authority)?
• Joint Powers Authorities are legally createc
entities that allow two or more public agencies
to jointly exercise common powers.
• The Joint Exercise of Powers Act, as codified in
California Government Code section 6500,
governs Joint Powers Authorities.
• The Act allows two or more 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.
CITIES ASSOCIATION
OF SANTA CLARA COUNTY
What is a JPA
(con't)
• The governing bodies of all the contracting public agencies must approve the agreement.
To enter into a JPA, the public agencies must enter into an agreement. This agreement must state both the powers of the JPA and the manner in which it will be exercised.
• Only the contracting cities can approve the Joint Powers Agreement. Joint Powers Authorities must be registered with the State of California, but their authority and operations are governed by state law and rules of contract.
• Government Code requires accountability from JPAs, including regular audits.
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CITIES ASSOCIATION
OF SANTA CLARA COUNTY
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
• 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
CITIES ASSOCIATION
OF SANTA CLARA COUNTY
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 CaPERS. • The Joint Powers Agency will continue to administer the City Selection Committee, mandated by Gov't Code 50270 et seq. 4 10/10/2023 Item #5
CITIES ASSOCIATION
OF SANTA CLARA COUNTY
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 CASC 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.
CITIES ASSOCIATION
OF SANTA CLARA COUNTY
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 (i.e. Nexus Study and Planning Collaborative) keeps costs down for individual members, including the City of Santa Clara, 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
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CITTES ASSOCIATION
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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
CITIES ASSOCIATION
OF SANTA CLARA COUNTY
We respectfully ask that you receive the
Cities Association of Santa Clara
County's presentation; and discuss and
provide feedback on the proposed Joint
Powers Agreement to establish the
Cities Association of Santa Clara County
Joint Powers Agency.
Questions?
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