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CC Resolution No. 10-009 Authorize the Mayor to execute an amendment to the Joint Powers Agreement for administration of Santa Clara County Congestion Management programRESOLUTION NO. 10-009 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO 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 (Mara 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 19~' day of January, 201 O, by the following vote: Vo e Members of the Citv Council AYES: Wang, Wong, Chang, Mahoney, Sa~atoro NOES: None ABSENT: None ABSTAIN: None ATTEST: City Clerk ~`~ APPROVED: AMENDMENT TO JOINT POWERS AGREEMENTFOR THE ADMINISTRATION OF THE SANTA CLARA COUNTY CONGESTION MANAGEMENT PROGRAM THIS AMENDMENT TO JOINT POWERS AGREEMENT (hereinafter "Amendment") dated as of December 10, 2009 is made and entered Tinto 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). RECrrALs WHEREAS, the parties hereto entered into a JOINT POWERS AGREEMENT FOR THE ADMINISTRATION OF THE SANTA 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 ~n~ithin 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; WHEREAS, the parties now desire to amend 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 Board members and one alternate; NOW, THEREFORE, the parties hereto agree as follows: (1) Section 6.A.1 of the Agreement is hereby amended to read as follows: The five (5) city council members and three (3) alternates to be appointed as Directors by all the cities in Santa Clara County except the City of San Jose shall be selected according to the following groupings: City Grouping Rentesentatives a- Los Altos 1 reipresentative Los Altos Hills 1 alternate Mountain View Palo Alto b. Campbell 1 representative Cupertino 1 alternate Los Gatos Monte Sereno Saratoga c. Milpitas 2 representatives ' Santa Clara 1 alternate Sunnyvale d. Gilroy 1 representative Morgan Hill 1 ah:ernate (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. below. IN WITNESS WHEREOF the parties have executed this Agreement on the date shown CITY OF CAMPBELL By_ Date CITY OF GILROY By: Date TOWN OF LOS ALTOS HILLS CITY OF C~,TPERTI O By: (/' ~ 1~1I I O G Date CITY OF LOS ALTOS By: Date TO~JVN OF LO5 GATOS By: By: Date Date CITY OF MILPITAS By: CITY OF MORGAN HILL By: CITY OF PALO ALTO By: Date Date Date CITY OF MONTE SERENO sy: Date CITY OF MOUNTAIN VIEW By:_ Date CITY OF SAN JOSE By: By: Date Date CITY OF SARATOGA By: Date CITY OF SUNNYVALE By:_ Date CITY OF SANTA CLARA CO7JNTY OF SANTA CLARA By: By: Date Date SANTA CLARA VALLEY TRANSPORTATION AUTHORITY By: Date