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13. VTA Joint Powers agreement congestionCUPERTINO PUBLIC WORKS DEPARTMENT SUMr~IARY AGENDA ITEM ~ 3 AGENDA DATE January 19, 2009 SUBJECT AND ISSUE Adoption of Resolution 10- QOM, authorizing the Mayor to execute an Amendment to the Joint Powers Agreement for the Administration of tl~e Santa Clara County Congestion Management Program, and request that the City Clerk forward the executed Amendment to the Santa Clara Valley Transportation Authority (VTA}. BACKGROUND At its November 5, 2009, regular meeting, the VTA Board of Directors voted to reconfigure the small city groupings of its member agencie:~ to include a new city group comprised of Sunnyvale, Santa Clara and Milpitas. in order to make this change to VTA's governance structure, the attached Amendment to the Joint Powers Agreement (JPA) was adopted by resolution by the Board at its December 10, 2009, meeting. All amendments to the JPA require the approval of the VTA Board of Directors, the County Board of Supervisors and a majority of the member agencies. STAFF RECOMMENDATION Staff recommends that the Council adopt Resohtion 10- 00` ,authorizing the Mayor to execute an Amendment to the Joint Powers Agreement for the Administration of the Santa Clara County Congestion Management Program, and request that the City" Clerk forward the executed Amendment to the Santa Clara Valley Transportation Authority. Submitted by: ~~..Ralph A. Qualls, Jr. Director of Public Works Approved for submission: David W. Knapp City Manager Attachments: A. Resolution B. Amendment 13-1 ~- ~-acl~ ~~.~.t ~ DRaFr RESOLUTION NO. 10-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTTNO AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE JOINT' POWERS AGREEMENT FOR ADMINISTRATION OF SANTA CLARA COUNTY CONGESTION MANAGEMENT PROGRAM WHEREAS, Section 6 of the Joint Powers Agreement, pursuant to California Public Utilities Section 100060, established the groupings of the Cities within the County of Santa Clara, other than the City of San Jose, for the appointment of members to the Santa Clara County Transit District (now the Santa Clara Valley Transportation Authority) Board of Directors; and WHEREAS, on November 5, 2009, the VTA Board of Directors approved the reconfiguration of the groupings of the Cities within the County of Santa Clara, other than the City of San Jose, to include a new city group comprised of Sunnyvale, Santa Clara and Milpitas, that would appoint two Board members and one alternate; and WHEREAS, to implement such reconfiguration, the Agreement must be amended through the adoption of resolutions by VTA, the Santa Clara County Board of Supervisors, and a majority of the Member Agency parties to the Agreement (other than Santa Clara County) representing a majority of the population in Santa Clara County, pursuant to Section 15 thereof; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby authorizes the Mayor to execute the attached Amendment to the Joint Powers Agreement for the Administration of the Santa Clara County Congestion Management Program, and requests that the City Clerk forward the executed Amendment to the Santa Clara Valley Transportation Authority. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this I9~' day of January, 2010, by the following vote: Vote Members of the Ci Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: City Clerk Mayor, City of Cupertino 13-2 AMENDiVIENT TO JOINT POWERS AGREEMENTFOR THE ADMINISTRATION OF THE SANTA CLARA COUNTY CONGESTION MANAGEMENT PROGRAM THIS AMENDMENT TO JOINT POWERS ~~GREEMENT (hereinafter "Amendment") dated as of December 10, 2009 is made and entered into between Cities within the County of Santa Clara, the County of Santa Clara and the Santa Clara Valley Transportation Authority (formerly known as the Santa Clara County Transit District). REC'.ITALS WHEREAS, the parties hereto entered into a JOINT POWERS AGREEMENT FOR THE ADMIlVISTRATION OF THE Sr~NTA CLARA COUNTY CONGESTION MANAGEMENT PROGRAM (hereinafter "Agreement"} dated December 1, 1994; WHEREAS, Section 6 of the Agreement, pursuant to California Public Utilities Section 100060, established the groupings of the Cities within the County of Santa Clara, other than the City of San Jose, for the appointment of merrihers to the Santa Clara County Transit District (now the Santa Clara Valley Transportation Authority) Board of Directors; WHEREAS, the parties now desire to ,.mend Section 6 to reconfigure the groupings of the Cities within the County of Santa Clara, other than the City of San Jose, to include a new city group comprised of Sunnyvale, Santa Clara and Milpitas, that would appoint two $oarcl members and one alternate; NOW, THEREFORE, the parties hereto agree as follaws: (1) Section 6.A.1 of the Agreement is hereb:~ amended to read as follows: The five (5) city council members and tY-ree (3) alternates to be appointed as Directors by all the cities in Santa Clara County {.xcept the City of San Jose shall be selected according to the following groupings: City Grouping Re~~resentatives a. Los Altos 1 rE;presentative Los Altos Hills 1 alternate Mountain View Palo Alto 13-3 b. Campbell Cupertino Los Gatos Monte Sereno Saratoga c. Milpitas Santa Clara Sunnyvale d. Gilroy Morgan Hill 1 representative 1 alternate 2 representatives 1 alternate 1 representative 1 alternate {2) This Amendment shall become effective on January 1, 2012, if approved by~resolutions adopted by the Santa Clara County Board of Supervisors, a majority of the Member Agencies (other than Santa Clara County) representing a majority of the population in Santa Clara County and the Santa Clara Valley Transportation Authority, as provided in Section 15 of the Agreement. (3} As hereby amended, the terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF the parties have executed this Agreement on the date shown below. CITY OF CAMPBELL By: CITY OF GILROY Date CITY OF CUPERTINO By: CITY OF LOS ALTOS By: By: Date TOWN OF LOS ALTOS HILLS By: Date TOWN OF LOS GATOS By: Date Date Date 13-4 CITY OF MH.PITAS By: Date CITY OF MORGAN HILL By: Date CITY OF PALO ALTO By: - Date CITY OF SARATOGA By: Date CITY OF SANTA CLARA By: Date CI`CY OF MONTE SERENO By: Date CI'CY OF MOUNTAIN 'VIEW By; Date CITY OF SAN JOSE By: Date By: Date CI7CY OF SUNNYVALE By: Date COUNTY OF SANTA CLARA By: Date SANTA CLARA VALLEY TRANSPORTAT[ON AUTIIORITY By: Date 13-5