2003-113 - Approving A Second Restated And Amended Joint Powers Agreement Creating The Silicon Valley Animal Control AuthorityRESOLUTION 2003 -113
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
APPROVING A SECOND RESTATED AND AMENDED JOINT POWERS AGREEMENT
CREATING THE SILICON VALLEY ANIMAL CONTROL AUTHORITY
WHEREAS, On August 7, 2000, the Town Council of the Town of Los Gatos
entered into a Joint Powers Agreement with the Cities of Sunnyvale, Santa Clara,
Cupertino, Saratoga, Campbell and Monte Sereno for the purposes of providing animal
control services to those communities; and,
WHEREAS, the Town believes that fiscal analysis of the current and
projected operating costs and shelter operations are reasonable and prudent; and
WHEREAS, the Town believes that continued participation in this JPA is a
valuable and worthwhile partnership; and,
WHEREAS, the Town Council, on September 2, 2003, approved the second
restated and amended Joint Powers Agreement regarding the withdrawal of the City of
Sunnyvale and several critical policy and language changes to the JPA; and
WHEREAS, the City of Cupertino Council did not approve the second
restated and amended Joint Powers Agreement and also chose to withdraw from the
JPA effective June 30, 2004; and
WHEREAS, the Board of Directors met on September 22, 2003 and voted to
reinstate Section 6.1 of the JPA document which gives member agencies the ability to
approve budget expenditures during any fiscal year prior to any Board action;
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town
of Los Gatos, County of Santa Clara, State of California, to approve the first
amendment to second restated and amended Joint Exercise of Powers Agreement
creating the Silicon Valley Animal Control Authority and to authorize the Town
Manager to execute said amendment.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 6`" of October, 2003 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Joe Pirzynski, Mike Wasserman,
Mayor Sandy Decker.
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO OF THE TOWN OF LOS GATOS
LOS G TOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LO GATOS
LOS GATOS, CALIFORNIA
FIRST AMENDMENT TO SECOND RESTATED AND AMENDED
JOINT EXERCISE OF POWERS AGREEMENT CREATING
THE SILICON VALLEY ANIMAL CONTROL AUTHORITY
This First Amendment is made and entered into as of
by and among the Member Agencies of the Silicon Valley Animal Control Authority
( "Authority ") as defined in Section 1.14 of the Second Restated and Amended Joint
Exercise of Powers Agreement that was approved by the Authority on July 28, 2003 and
presented to the Member Agencies for approval in September and October of 2003
(hereafter "Agreement ").
I
WHEREAS, the Member Agencies desire to add language to Section 6.1 of the
Agreement to require Member Agencies to obtain approval of their allocated proportional
share of the budget prior to the Authority Board's approval of the fiscal year budget or any
budget amendments that result in increases in the Member agencies' allocated
proportional shares during the course of the fiscal year; and
WHEREAS, to accomplish this end, the Authority has approved this First
Amendment to the Second Restated and Amended Joint Exercise of Powers Agreement
Creating the Silicon Valley Animal Control Authority, as more particularly specified
below, and have sent it out for approval by the Member Agencies.
NOW, THEREFORE, THE MEMBER AGENCIES AGREE AS FOLLOWS:
1. Section 6.1 of the Agreement shall be amended to insert the following
language as a second paragraph in that Section:
Each Member Agency shall approve the contribution of its allocated
proportional share of the total estimated annual costs and expenses in the
budget, as set forth in Section 6.3, prior to final adoption of the budget by
the Board of Directors on or before June 30 of each year. If, during the
course of any given fiscal year, there are proposed amendments to the
budget that would require increased amounts to be paid by each Member
Agency over and above the allocated proportional share attributed to the
budget then in effect, each Member Agency shall approve the payment of
such additional amount prior to final action by the Board of Directors to
approve any such budget amendment.
2. Except as expressly revised by this First Amendment, all terns, conditions
and requirements as set forth in the Agreement shall remain in full force and effect.
ATTACHMENT 2
1057925.2
EXECUTION OF FIRST AMENDMENT TO AGREEMENT
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to
Agreement to be executed and attested by their proper officers thereupon duly authorized and
their official seals to be hereto affixed on the dates as shown herein.
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
By:
Its:
Date:
ATTEST:
By:
Its:
Date:
MEMBER AGENCIES
CITY OF CAMPBELL, a municipal corporation
By:
Its;
Date:
CITY OF CUPERTINO, a municipal corporation
By:
Its;
Date:
2
1057925.2
APPROVED AS TO FORM:
CITY OF MONTE SERENO, a municipal
corporation
By:
By:
Its:
Its;
Date:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
CITY OF SANTA CLARA, a municipal
corporation
By:
By:
Its:
Its;
Date:
Date:
ATTEST:
By:
Its:
Date:
APPROVED AS TO FORM:
CITY OF LOS GATOS, a municipal corporation
By:
By:
Its:
Its;
Date:
Date:
ATTEST:
By:
Its:
Date:
3 1057925.2
APPROVED AS TO FORM: CITY OF SARATOGA, a municipal corporation
By: By:
Its: Its;
Date: Date:
ATTEST:
By:
Its:
Date:
4 1057925.2