REPORT TO COUNCIL
SUBJECT
Title
Approve Restated Silicon Valley Regional Interoperability Authority Joint Powers Agreement to Accommodate Santa Clara Valley Transportation Authority as an Additional Member
Report
BACKGROUND
In 2010, Sunnyvale and 18 other Santa Clara County public agencies entered into a joint powers agreement for the Silicon Valley Regional Interoperability Authority (SVRIA), focusing on planning and communications system enhancement initiatives. Most recently, in June 2015 (RTC 15-470), Council authorized the City Manager to execute the Memorandum of Understanding (MOU) for the complete Silicon Valley Regional Communication System (SVRCS) build-out. The MOU incorporated the inclusion of the Santa Clara Valley Transportation Authority (VTA) as a participant in the SVRCS financial obligations for use of the system. The Silicon Valley Regional Interoperability Authority (SVRIA) Board of Directors also negotiated with VTA for inclusion in the Joint Powers Authority (JPA) and recommends amendment of the agreement in order to include the VTA as a voting member of the Board of Directors
As a member, VTA has agreed to share in the cost. The cost sharing methodology for SVRIA JPA partners was established based on the number of users from each participating agency. VTA becoming a member of the Joint Powers Authority will greatly reduce the anticipated costs to the remaining participants with the additional 2,000 users applied to the system calculations.
EXISTING POLICY
GOAL SN-2: Effective Disaster Preparedness
Ensure that the City, its community members, business, faith-based organizations, community organizations and special needs populations are prepared to effectively respond and recover from major disasters and emergencies.
Policy SN-2.5: Provide emergency radio or other communication devices for coordination of emergency response and the capability to communicate with outside agencies and community members.
GOAL SN-3: Safe and Secure City
Ensure a safe and secure environment for people and property in the community by providing effective public safety response and prevention and education services.
GOAL SN-7: Effective Emergency Communication Services
Provide emergency communications services.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.
DISCUSSION
On May 26, 2016, the Board of Directors of the SVRIA reviewed and recommended certain changes to the Joint Powers Agreement in order to include the VTA as a voting member of the Board of Directors. These changes were based upon input from the Working Committee, City Attorneys, City Managers, County Administrator, and VTA as well as direction from the Board.
In the summer of 2015, VTA entered into a Memorandum of Understanding (“MOU”) with the SVRIA to become a participant in the Silicon Valley Regional Communication System (“SVRCS”). As part of their request, VTA agreed to share the costs of SVRCS. In addition, VTA required that they receive two seats on the Board of Directors of SVRIA. One of VTA’s seats will be an elected member of VTA’s Board or of its Policy Committee. The second Board seat will be designated for the VTA’s General Manager or designee.
Other key changes to the agreement resulting from VTA’s inclusion are that VTA brings approximately 2000 new users into the SVRCS, making VTA the third largest member in SVRIA, after the City of San Jose and the County of Santa Clara. A memo from Heather Tannehill-Plamondon, Executive Director of SVRIA, summarizing the revisions to the JPA is attached to this report as Attachment 3. In addition, VTA will make proportionate capital payments to the SVRCS in an amount totaling approximately $5,500,000 over three years. Starting in fiscal year 2018 - 2019, VTA would begin making annual operations and maintenance payments in excess of $700,000. By adding this additional Member, all other Members’ payments will be reduced. The two Board seats VTA has requested are proportionate with VTA’s size and status as the third largest Member of SVRIA. The JPA requires that any changes to the JPA be approved by all members, including Sunnyvale, in order to take effect.
Any additional changes at this time (not included in the attached draft) would require the approval of the Working Committee and Board of Directors. This would substantially delay VTA’s entry onto the Board and SVRIA and ultimately could cause VTA to reconsider its commitment to SVRCS.
FISCAL IMPACT
Adding VTA as a partner will reduce the amount of the contribution that the City has historically made. However, there would be no fiscal impact with the approval of the Restated JPA agreement because City of Sunnyvale has already budgeted for the inclusion of VTA in the annual cost estimates. If all members approve the JPA changes then these costs will continue to appropriately reflect the city’s costs. In the event one or more members’ declines the approved changes, the VTA would have the option of withdrawing from the SVRCS and the additional costs would be applied to each member using the same methodology. The funding for all SVRIA participation is budgeted in the Information Technology budget.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, at the Sunnyvale Senior Center, Community Center and Department of Public Safety; and by making the agenda and report available at the Sunnyvale Public Library, the Office of the City Clerk and on the City's website.
RECOMMENDATION
Recommendation
Authorize the City Manager to execute the Restated Joint Powers Agreement for the Silicon Valley Regional Interoperability Authority Joint Powers Agreement to Accommodate Santa Clara Valley Transportation Authority as an Additional Member.
Staff
Prepared by: Jeffrey Hunter, Captain
Reviewed by: Frank Grgurina, Director, Public Safety
Reviewed by: Tim Kirby, Director, Finance
Reviewed by: Kent Steffens, Assistant City Manager
Approved by: Deanna J. Santana, City Manager
ATTACHMENTS
1. Restated SVRIA Joint Powers Authority Agreement - Clean Copy
2. Restated SVRIA Joint Powers Authority Agreement - Redlined Copy
3. Memo to City Manager detailing the changes to the Joint Powers Authority Agreement