1990-033-Approving The Agreement For The Administration Of The Santa Clara County Cities Association, A Section Of The Peninsula Division Of The League Of California CitiesRESOLUTION 1990 -33
RESOLUTION OF THE TOWN OF LOS GATOS
APPROVING THE AGREEMENT FOR THE ADMINISTRATION
OF THE SANTA CLARA COUNTY CITIES ASSOCIATION,
A SECTION OF THE PENINSULA DIVISION
OF THE LEAGUE OF CALIFORNIA CITIES
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa
Clara, State of California, that the Town of Los Gatos approve the agreement for the
administration of the Santa Clara County Cities Association, a Section of the Peninsula
Division of the League of California Cities (a copy of which is attached hereto), and that
the Mayor is authorized, and is hereby directed, to execute said agreement in the name and
in behalf of the Town of Los Gatos.
ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 20th day of February, 1990 by the following vote:
COUNCILMEMBERS:
AYES: Joanne Benjamin, Eric D. Carlson, Robert L. Hamilton
Brent N. Ventura and Mayor Thomas J. Ferrito.
NOES:
ABSTAIN:
ABSENT: /
SIGNED:
MAYOR OF 7E TOWN OF LOS GATOS
ATTEST: LTOWN TOWN CLERK OF THE O OS GATOS
MGR A: \RLSOS \022090.82
1GREEMENT FOR THE ADMINISTRATION OF THE
SANTA CLARA COUNTY CITIES ASSOCIATION,
A SECTION OF THE PENINSULA DIVISION OF
THE LEAGUE OF CALIFORNIA CITIES
This Agreement, dated for convenience as of February 1, 1990, by and
between the City of Campbell ( "Campbell ") , the City of Cupertino
( "Cupertino "), the City of Gilroy ( "Gilroy "), the City of Los Altos
( "Los Altos "), the City of the Town of Los Altos Hills ( "Los Altos
Hills "), the City of the Town of Los Gatos ( "Los Gatos "), the City
of Milpitas ( "Milpitas ") , the City of Monte Sereno ( "Monte Sereno") ,
the City of Morgan Hill ( "Morgan Hill "), the City of Mountain View
( "Mountain View "), the City of Palo Alto ( "Palo Alto "), the City of
San Jose ( "San Jose "), the City of Santa Clara ( "Santa Clara "), the
City of Saratoga ( "Saratoga "), and the City of Sunnyvale
( "Sunnyvale "), the Cities sometimes hereafter being jointly referred
to as the "parties ",
R E C I T A L S•
(1) The parties to this Agreement desire to improve cooperation
among city governments in addressing issues of common interest.
(2) In order to further this purpose, the parties have established
the Santa Clara County Cities Association ( "SCCCA ") . It is the
intention of the parties in creating the SCCCA to consolidate and
maintain the functions and purposes of the Inter -City Council, the
Santa Clara County Mayor's Conference, and the City Selection
Committee for Santa Clara County. The SCCCA is organized as a section
of the Peninsula Division of the League of California Cities, and
is also intended to maximize the influence of Santa Clara County
Cities in the establishment of League policy and statewide
legislation.
(3) By entering into this Agreement, the parties desire to fulfill
the legal requirements for establishing the administrative mechanism
for the functioning for the SCCCA.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. PURPOSE. The purpose of this Agreement is to create the
administrative relationship between the parties required to
facilitate the functioning of the SCCCA consistent with and in order
to carry out its goals as set forth above and to define the legal
relationship among the parties. It is the further purpose of this
agreement to confirm the goals and purposes of the SCCCA as set forth
above and as have been agreed to by the parties previously. It is
not the intent of this Agreement to modify or amend those goals and
purposes.
2. FUNCTIONS. The purposes and functions of the SCCCA shall be
as follows:
A. To review, study, develop consensus positions, and
recommend on issues of interest to Santa Clara County
cities;
B. To develop a common agenda for Santa Clara County cities;
C. To serve as a unified voice for Santa Clara County cities
in relationship to other agencies, organizations, and
levels of government, including the Peninsula Division of
the League of California Cities;
D. To serve as the cities Selection Committee pursuant to
Gov. Code 550270 et seq., and make appointments to regional
and local bodies as provided by law;
E. To assist in development of statewide legislative policy
through the structure of the League of California Cities;
F. To serve as a source of education, information and
networking for officials from all cities in Santa Clara
County; and
G. To provide a forum for non -city individuals, groups and
organizations and the private sector to address items of
interest to Santa Clara County cities.
3. MEMBERSHIP. Each city in Santa Clara County which is a
member of the League of California Cities and which has paid in full
the dues required under Section 6 of this Agreement shall be a member
of the SCCCA. The by -laws of the SCCCA shall make provision for
participation by all cities in the county, whether or not members
of SCCCA, in the functions of the SCCCA in the role of the City
Selection Committee performing the functions prescribed by California
Government Code §50270, et seq.
4. BOARD OF DIRECTORS. The activities of the SCCCA shall be
controlled and supervised by a governing board known as the Board
of Directors of the Santa Clara County Cities Association ( "Board ") .
The Board shall be composed of one representative from each member
city, selected by and from the membership of the legislative body
thereof. Each Board member shall hold office at the pleasure of his
or her city's legislative body, and selection shall be made in such
manner as the respective legislative bodies of member cities may
determine. The legislative body of a member city may, in its
discretion, select from among its members an alternate to represent
that city on the Board and vote in the absence of the member from
that city.
5. BY -LAWS. The Board, subject to confirmation by two - thirds
(2/3) vote of the parties, may adopt or amend by -laws for the conduct
of its business and that of the SCCCA. The by -laws may include such
provisions as are not inconsistent with the provisions of this
Agreement and may include, but are not limited to, provisions relating
to appointment of committees, officers and appointees, and meetings.
A -26 -2-
6. FINANCING. The financing of the SCCCA shall be borne equally
by the parties to this Agreement. On or before April 1 of each
calender year, the Board shall approve a preliminary budget for the
SCCCA for the fiscal year commencing with July i of the same calendar
year. A copy of the preliminary budget shall be transmitted to each
member city for review and comment. The Board of Directors shall
adopt a final budget no later than June 1 of each calendar year for
the following fiscal year. The final budget shall be transmitted
to the member cities upon adoption. The respective shares of the
member cities shall be paid through a dues schedule to be adopted
with the final budget and provided to the member cities. The Board
may provide through the by -laws for the time and manner of payment
of dues and for the suspension or termination of the membership of
any party not paying said dues when payable. The by -laws may also
provide for the schedule of payment of dues by any city becoming a
member of the SCCCA during a fiscal year.
7. ADMINISTRATOR. The City of San Jose shall serve as the
initial General Administrator for the SCCCA and shall have the
following powers, duties and responsibilities;
A. To act as a depository of all monies received and dispursed
pursuant to this Agreement;
B. To maintain records of all revenue and expenditures
incurred in connection with this Agreement;
C. To bill each party in accordance with the schedule of dues
established by the Board for that party's proportionate
share of the approved budget, which obligation each party
shall pay prior to the due date for said contribution;
D. To make and enter into contracts, to incur debts,
liabilities, and obligations as authorized by the Board
in accordance with the provisions of this Agreement;
E. To take such actions as may be required to implement the
actions taken or authorized by the Board pursuant to this
Agreement; and
F. The authority contained in subsection D and E shall be
exercised in accordance with the terms and restrictions
of this Agreement.
The By -laws of the SCCCA shall provide for the appointment of
a secretary /treasurer. It is acknowledged by the parties that upon
formation of the SCCCA the representative of the City of San Jose
was selected as secretary /treasurer. At such time as a new
secretary /treasurer is appointed by the Board, the responsibilities
of serving as General Administrator shall be assumed by the City
whose representative is appointed secretary /treasurer, it being the
intent that the responsibility of serving as General Administrator
rotate among the member cities in order to minimize the impact on
any individual member. For convenience of accounting, transferrence
A -26 -3-
of the duties of the General Administrator may be designated to occur
as of the commencement of any fiscal year or at such other time as may
be determined by the Board, whether or not coinciding with the
assumption of the position of secretary /treasurer.
8. EXECUTIVE SECRETARY. The Board may appoint an executive
secretary who shall hold office until he or she resigns or is removed
by the Board of Directors, and the General Administrator either shall
contract with or shall employ the person upon such terms as are
approved by the Board. The terms of such employment or contract
shall be specified in writing. The executive secretary shall have
such duties as may be determined by the Board and shall report to
and work under the direction of the Board.
9. SCCCA FUND. A fund shall be established by the General
Administrator and shall be designated as the "Santa Clara County
Cities Association Fund ", into which shall be deposited all monies
received under this Agreement and from which shall be paid all costs
and expenses incurred under this Agreement. There shall be strict
accountability of all funds and report of receipts and disbursements
of such funds shall be made to all parties periodically as determined
by the Board. In light of the shared responsibility among the members
for performing the function of General Administrator, no party shall
receive any compensation for serving as General Administrator.
10. TERM. The term of this Agreement shall become effective as
of the date first written above and shall continue in full force and
effect unless and until terminated by written agreement of all
Parties; provided, that any party may individually withdraw from the
Association, without terminating this Agreement, by delivering notice
of withdrawal to the Board on or before July 1 of any calendar year.
Such withdrawal shall become effective at the end of the fiscal year
within which such notice is given.
11. SEPARATE PUBLIC ENTITY NOT CREATED. The parties do not
intend by the execution of this Agreement to create any public entity
separate from the parties to the Agreement. The Board shall not
have the authority to incur any liability binding upon its members
nor levy any assessment against its members other than the normal
dues established pursuant to this Agreement.
12. POWERS OF THE BOARD. The Board shall have the following
powers, to be implemented through the General Administrator;
A. To adopt a budget for each fiscal year or portion thereof;
B. To authorize and direct the General Administrator to make
and enter into contracts to carry out the provisions of
this Agreement. Such contracts shall be consistent with
the terms of this Agreement and with any budget established
hereunder;
C. To select the Executive Secretary and to authorize the
contract price or compensation package for the Executive
A -26 -4-
Secretary depending upon whether such Executive Secretary
is employed as a contractor or employee of the General
Administrator;
D. To authorize and direct the General Administrator to
contract with consultants, advisors or agents as the Board
deems proper, within budget authorization;
E. To authorize and direct the General Administrator to incur
debts, liabilities and obligations within the authorized
budget approved by the Board. No debt, liability or
obligation shall be incurred in excess of such budget. In
the event of notice of withdrawal by any party after
approval of the budget, the Board shall appropriately
modify the budget in .order to reflect the loss of revenues
accompanying such withdrawal;
F. To exercise any other lawful power in the furtherance of
the purposes and functions set forth in Sections 1 and 2;
provided such actions are in conformity with this
Agreement.
13. SURPLUS MONEY. Upon termination of this Agreement, any
surplus money shall be returned to the parties in proportion to the
contributions made or 'may be transferred to any successor
organization, unless otherwise expressly agreed upon by all parties.
14. MODIFICATION OF AGREEMENT. No term, provision, or condition
of this Agreement shall be altered, amended, or departed from, or
beheld or construed to have been waived except by the unanimous
agreement and consent of all parties. Notwithstanding this provision,
the Board without authorization of the individual parties, may
authorize the addition of parties to this Agreement subject to such
terms and conditions as may be deemed reasonable by the Board.
15. LIABILITY AND INDEMNITY. Each party shall be responsible
for any liability arising out of the acts or omissions of such party,
its officers, agents, and employees under this Agreement and agrees
to defend, indemnify, and hold harmless each and every other party,
its officers, employees and agents from any liability for such acts
or omissions; except, that with respect to the acts or omissions of
the Executive Secretary while performing obligations imposed under
this Agreement and while under the supervision and direction of the
Board, the provisions of California Gov. Code 3895.6 shall apply.
APPROVED AS TO FORM:
ty Attorney
A -26 -5-
Date:
CITY OF CAMPBELL
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
ty Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
ty Attorney
Date:
CITY OF CUPERTINO
Date:
CITY OF GILROY
Date:
CITY OF LOS ALTOS
Date:
TOWN OF LOS ALTOS HILLS
APPROVED AS TO FORM: Date:
C"y A Un�i OP7N OF LOS
APPROVED AS TO FORM: Date
U
City Attorney
APPROVED AS TO FORM:
City Attorney
A -26 -6-
CITY OF MILPITAS
Date:
CITY OF MONTE SERENO
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
City Attorney
APPROVED AS TO FORM:
ty Attorney
A -26 -7-
Date:
CITY OF MORGAN HILL
Date:
CITY OF MOUNTAIN VIEW
Date:
CITY OF PALO ALTO
Date:
CITY OF SAN JOSE
Date:
CITY OF SANTA CLARA
Date:
CITY UY SARATOGA
Date:
CITY OF SUNNYVALE