CC 10-17-2023 Special Meeting Item No. 1, Cities Association Santa Clara County JPA_Supplemental Report1
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: November 7, 2023
Special Meeting Agenda Item #1
Subject:
Approval of Joint Powers Agreement to establish the Cities Association of
Santa Clara Count Joint Powers Agency
Recommended Action:
1. Approve the proposed Joint Powers Agreement (“JPA”)
2. Delegate authority to the City Council’s Cities Association of Santa Clara County
(“CASCC”) Board representative to report approval of the JPA at the CASCC Board
of Directors (“CASCC Board”) Meeting
3. Authorize the City Manager to execute the JPA
Staff’s responses to questions received from councilmember s are shown in italics.
Q1: Why pick the Town of Los Gatos [as the model for the JPA’s exercise of powers in
Section 7.1 of the Joint Powers Agreement]? (Wei)
Staff response: California Government Code section 6509 requires the Joint Powers Agreement
to designate one party to the Agreement as the entity to reference in order to determine how the
JPA may exercise its powers. The Town of Los Gatos provided a clear reference for the exercise of
the JPA’s authority. The relevant powers of the Town of Los Gatos would be similar to those in
other general law cities.
Q2: The definition and rights of Associate Members is unclear to me . . . . The JPA
Agreement allows for non-city local agencies, these apparently would include Santa
Clara County, various school boards, water district, sewer district, and “political
subdivisions.” Perhaps hospital districts, community college districts, and others
would be included. Please provide a complete list of all of the types of Associate
Members that fit the definition. Pleaser specifically State what kinds of “political
subdivisions” qualify. (Moore)
2
Staff response: Article 32 of the Joint Powers Agreement provides that any Public Agency
within Santa Clara County may become a non-voting, Associate Member of the JPA with the
approval of the Board of Directors. A Public Agency “includes, but is not limited to, the federal
government or any federal department or agency, this state, another state or any state
department or agency, a county, county board of education, county superintendent of schools,
city, public corporation, public district, regional transportation commission of this state or
another state, a federally recognized Indian tribe, or any joint powers authority formed pursuant
to this article by any of these agencies.” (Gov. Code, § 6500.)
Q3: Please also state what rights to access the JPA leadership [Associate Member]
would have and the change this may or may not be making from the existing
agreement and By-Laws. (Moore)
Staff response: Under Article 32 of the Joint Powers Agreement, “[a]n Associate Member shall
not be entitled to representation on the Board of Directors, or to vote on any matter coming
before the Board of Directors or the Agency, unless a separate written agreement is entered into
between the Associate Member and the Agency. However, an Associate Member shall be entitled
to participate in all programs and other undertakings of the Agency.” Amendments of the
Agreement require action by the legislative bodies of each Member. (Art. 29.) Bylaws are
adopted by the Board of Directors. (Art. 26.) Associate Members would have no vote with
respect to those decisions.
Attachments Provided with Original Staff Report:
A. Cities Association of Santa Clara County Administration Agreement
B. Cities Association of Santa Clara County Bylaws
C. Proposed Joint Powers Agreement