90-013 County of Santa Clara, Cities of Campbell, Cupertino, Los Altos, Milpitas, Mountain View, Palo Alto, San Jose, Santa Clara, Saratoga and Sunnyvale; Joint Powers Agreement Relating to Stadium Relating to Stadium Facilities JOINT POWERS AGREEMENT BETWEEN THE
COUNTY OF SANTA CLARA AND THE CITIES
OF CAMPBELL, CUPERTINO, LOS ALTOS, MILPITAS,
MOUNTAIN VIEW, PALO ALTO, SAN JOSE,
SANTA CLARA, SARATOGA, AND SUNNYVALE RELATING
TO POTENTIAL STADIUM FACILITIES ANALYSIS
THIS IS AN AGREEMENT between the COUNTY OF SANTA CLARA and the
CITIES of CAMPBELL, CUPERTINO, LOS ALTOS, MILPITAS, MOUNTAIN VIEW,
PALO ALTO, SAN JOSE, SANTA CLARA, SARATOGA, and SUNNYVALE.
WHEREAS, the location of a stadium facility ("facility")
within the geographical confines of the County of Santa Clara may
significantly benefit the public in terms of, among other things,
the revenue generated from such a facility, the enhancement of
community pride, and the broadening of the area's regional and
national identification; and,
WHEREAS, the potential location of a facility within such a
county location would place demands upon regional public services,
including public safety, streets, and. transportation; and,
WHEREAS, the regional benefit and needs of such a facility
call for a coordinated program by the affected public entities at
the earliest possible opportunity; and,
WHEREAS, Government Code Sections 6500, et seq. , permit public
entities, after receiving the prior consent of their respective
legislative bodies, to jointly exercise any power common to the
contracting parties;
1
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the parties agree as follows:
1. PURPOSE OF AGREEMENT. The COUNTY OF SANTA CLARA and the
CITIES of CAMPBELL, CUPERTINO, LOS ALTOS, MILPITAS., MOUNTAIN VIEW,
PALO ALTO, SAN JOSE, SANTA CLARA, SARATOGA, and SUNNYVALE, having
previously obtained the consent to do so by their respective
legislative bodies, hereby join together for the purpose of
creating recommendations pertaining to: (a) whether or not a
facility should be constructed in Santa Clara County (City of Santa
Clara) through a benefit study which will identify specific
benefits to each city and general benefits to the county as a
whole; and (b) any other area of inquiry related to such potential
facilities deemed appropriate by the - parties hereto. The
recommendations identified by this joint powers body shall not be
binding upon the individual parties herein, nor shall they obligate
the parties, beyond the extent set forth below, to any form of
potential financial commitment or the expenditure of any funds
relating thereto without specific subsequent approval by the
respective legislative bodies.
2 . TERM. The duration of this Joint Powers Agreement shall
commence upon the execution of same by all parties hereto and shall
continue, uninterrupted, until such time as a majority of the
hereinafter provided governing board members vote to terminate the
Agreement.
2 •
3 . GOVERNING BOARD. A governing board consisting of two
members of the COUNTY OF SANTA CLARA'S Board of Supervisors and one
councilmember from each of the CITIES of CAMPBELL, CUPERTINO, LOS
ALTOS, MILPITAS, MOUNTAIN VIEW, PALO ALTO, SAN JOSE, SARATOGA,
SUNNYVALE, and three councilmembers from the CITY of SANTA CLARA
shall carry out the functions of the joint powers body designated
herein. The representatives of the County shall be appointed by
the County Board of Supervisors. The representatives of the Cities
shall be appointed by the City Council of each City. The governing
board shall elect a chairperson and a vice chairperson from the
CITY of SANTA CLARA in its membership. Thereafter, the first task
of the governing board shall be to identify the site for the
facility. The governing board shall have the power to contract in
the name of the joint powers body within the limitations set forth
herein. The governing board shall transact its business by the
simple majority vote of a quorum of the members then appointed. A
simple majority of the members then appointed shall constitute a
quorum.
4 . FINANCES . The parties to this Joint Powers Agreement
shall contribute the total amount of Three Hundred Eighty Thousand
Eight Hundred Twenty Three Dollars ($380, 823 . 00) as follows to fund
the activities of this joint powers body:
a. The County of Santa Clara shall contribute the amount of
Two Hundred Thousand Dollars ($200, 000. 00) . The CITY of SANTA
3
CLARA shall contribute the amount of Fifty Four Thousand and Twenty
Nine Dollars ($54, 029. 00) .
b. The CITIES of CAMPBELL, CUPERTINO, LOS ALTOS, MILPITAS,
MOUNTAIN VIEW, PALO ALTO, SAN JOSE, SARATOGA, and SUNNYVALE shall
make contributions totalling One Hundred Twenty Six Thousand Seven
Hundred Ninety Four Dollars ($126,794. 00) . Each City' s individual
contribution shall be approximately in direct proportion to the
total Cities ' contribution which that City' s fiscal year 1989
transient occupancy tax collections bears to the total of all the
foregoing Cities ' fiscal year 1989 transient occupancy tax
collections (unless agreed otherwise by majority vote of governing
board) . Applying such proportions or agreed contribution, the
Cities ' individual contributions are as follows:
City of Campbell $ 2 ,493 . 00
City of Cupertino 4,550. 001
City of Los Altos 1, 000. 00
City of Milpitas 17,387 . 00
City of Mountain View 9,757 . 00
City of Palo Alto 10, 000. 00
City of San Jose 50, 268 . 00
City of Santa Clara 54, 029 .00
City of Saratoga 1, 000. 00
City of Sunnyvale 30,339 . 00
$180, 823 . 00
1 The contribution will be from private sources.
4
Additional monetary contributions by the parties shall require
further consent by their respective legislative bodies. All such
funds received shall be maintained in a segregated account by the
COUNTY OF SANTA CLARA'S Director of Finance, who shall be strictly
accountable for such funds, and who shall provide the parties with
periodic reports of all receipts and disbursements. Upon
termination of this Agreement, all remaining unencumbered funds
shall be distributed to the parties in direct proportion to their
contribution of same.
5. STAFFING. In addition to its monetary contribution
designated herein, the COUNTY OF SANTA CLARA and the CITY of SANTA
CLARA shall provide, at no cost to the parties hereto, various
administrative staffing needs as the joint powers body may require.
It is understood, however, that from time-to-time during the
duration of this Agreement, the remaining city parties may assist
the County in meeting this staffing obligation by providing various
support services, for which no compensation will be received, and
for which no credit against its monetary contribution herein will
be made, absent a majority vote of the governing board.
6. IMMUNITIES . All privileges and immunities from
liability, exemptions from laws, ordinances, and rules, all
pension, relief, disability, worker's compensation, and other
benefits which apply to the activities of the officers, agents, or
employees of any of the public agencies who are signatories hereto
when performing their respective functions within the territorial
5
limits of their respective public agencies, shall apply to them to
the same degree and extent while engaged in the performance of any
of their functions and duties extraterritorially under the
provisions of this Agreement. Each agency hereto is responsible
for its own employees ' acts and omissions.
7 . EXECUTION IN MULTIPLE COUNTERPARTS
This Agreement may be executed in multiple counterparts, all
or any of which shall be regarded for all purposes as one original
and shall constitute and be but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the dates set forth below.
DATE: MAY 8 1990 COUNTY OF SANTA CLARA
,„--0/Jorviti 917Z.-670
• Chairperson BOARD OF SUPERVIo^no.
SUSANNE WILSON
ATTEST: DONALD M. RAINS
E-1erk of the
Boar
t-1 c� Y1 N\
APPROVED AS TO FORM & LEGALITY:
Deputy County Counsel
6
CITY OF CAMPBELL
APPROVED AS TO FORM:
By: it
City Attorne City Manage
ATTEST:
�� / C ayd�r/
City Clerk
CITY OF CUPERTINO
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF LOS ALTOS
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF MILPITAS
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
7
CITY OF CAMPBELL
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF CUPERTINO
APPROVED AS TO FORM:
/ 61/t 1') By: /li
C y Attorney City "anager
ATTEST: lora
By: /!/1/
Or a
City Cle�r
CITY OF LOS ALTOS
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF MILPITAS
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
7
CITY OF CAMPBELL
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF CUPERTINO
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF LOS ALTOS
APPROVED AS TO FORM:
WI \476/ By:
City Attorney'>' C Manager /
ATTEST:
By: ' €74C31/63ed/
Mayor
City Clerk
CITY OF MILPITAS
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
7
CITY OF CAMPBELL
APPROVED AS TO FORM:
•
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk •
CITY OF CUPERTINO
APPROVED AS TO FORM:
By: •
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF LOS ALTOS
APPROVED AS TO FORM:
By: •
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
•
CITY OF MILPITAS
APPROVED AS TO FORM:
A-4..scyf ,/ •
`,
City Attorney di City Manager
ATTEST:
1
By: - .J /Ld�►�G-�
ayor
City Clerk
CITY OF MOUNTAIN VIEW
APPROVER AS 0 FR • :
By Lc4--&—e_ C- L
City Att. n-y City Manager C g\
ATTEST: A �/� J
By:
Mayor
a/ �.
City Clerk'
CITY OF PALO ALTO
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF SAN JOSE
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF SARATOGA
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
8
CITY OF MOUNTAIN VIEW
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST: j.1,.--,, . .. t kat
By:
Mayor
City Clerk
CITY OF PALO ALTO
APPROVED AS TO FORM:
T
By: -.=r
C ' y A torney Cit Manager
ATTEST:
/ /) By: ‘Ma .L,1 . JA
�//� (�_f� r'l_�� �/ Mayor
City Clerk /I
v CITY OF SAN JOSE
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF SARATOGA
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
8
CITY OF MOUNTAIN VIEW
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF PALO ALTO
APPROVED AS TO FORM: -
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF SAN JOSE
OVED AS TO FORM: J
(71:
odi
City Attorney Ltity Manager
ATTEST: l '�C
By: / f3�+E terry
// Mayor
City / 4,110
CITY OF SARATOGA
APPROVED AS TO FORM:
By: • •
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
8
CITY OF MOUNTAIN VIEW
APPROVED AS TO FORM:
•
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF PALO ALTO
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF SAN JOSE
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF SARATOGA
A RO E AS TO FORM:
OW
By:
EL-0d—
City-Lorne City anager
ATTEST: By: /*%L( / / SILO
fe_61-7- Mayor
City Clerk
8
• CITY OF SUNNYVALE
APPROVED AS TO FORM:
J � �e By ��41771ID�
City Attorney City Mana er
ATTEST: SAL" By. ,
��ayorait410) •
City Cler •
CITY OF SANTA CLARA
APPROVED AS TO FORM:
By:•
City Attorney City Manager
ATTEST:
By: .
Mayor
•
City Clerk
•
•
•
•
•
•
9
CITY OF SUNNYVALE
APPROVED AS TO FORM:
By:
City Attorney City Manager
ATTEST:
By:
Mayor
City Clerk
CITY OF SANTA CLARA
APPROVED iAS:?1N!•FORM: Pr d: 2/8/90
1V i` ! 9OWritA Bye ZQmm ank-
ai515MA City Attorney U ( ' City panageJ
ATTEST:
AClerk
in ,QMayor
9