RESOLUTION NO. _____________

BOARD OF SUPERVISORS, COUNTY OF SAN MATEO, STATE OF CALIFORNIA

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RESOLUTION AUTHORIZING THE PRESIDENT OF THE BOARD OF SUPERVISORS TO EXECUTE AN AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT BY AND BETWEEN THE CITY OF PALO ALTO, THE CITY OF MENLO PARK, THE CITY OF EAST PALO ALTO, THE TOWN OF ATHERTON, THE COUNTY OF SAN MATEO, AND THE COUNTY OF SANTA CLARA TO PROVIDE FOR CABLE TELEVISION AND VIDEO FRANCHISE ADMINISTRATION AND AN ENFORCEMENT PROCESS RELATED TO STATE FRANCHISE HOLDERS UNDER THE CALIFORNIA DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT (DIVCA)

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RESOLVED, by the Board of Supervisors of the County of San Mateo, State of California, that

WHEREAS, Chapter 5 of Division of Title 1 of the California Government Code (the “Joint Exercise of Powers Act” or the “Act”) empowers cities and counties to enter into joint powers agreements to jointly exercise any power common to them, and

WHEREAS, the City of Palo Alto, the City of Menlo Park, the City of East Palo Alto, the Town of Atherton, the County of San Mateo, and the County of Santa Clara previously executed a Joint Exercise of Power Agreement (Joint Powers Agreement) and Joint Operating Agreement (JOA), and

WHEREAS, the JOA provides for the City of Palo Alto, on behalf of the Joint Powers, to administer the existing Comcast cable franchise agreement within the specific franchise area, and

WHEREAS, the California Digital Infrastructure and Video Competition Act (DIVCA), Assembly Bill 2987, changed laws and regulations governing video franchises and allows for state franchises to be granted by the California Public Utilities Commission instead a local franchising authority, and

WHEREAS, DIVCA allows for the Joint Powers to continue; however, it is appropriate to substitute the existing Joint Powers Agreement and JOA with an Amended and Restated Joint Exercise of Powers Agreement that is consistent with the new state law, and

WHEREAS, the Amended and Restated Joint Exercise of Powers Agreement allows for the City of Palo Alto to continue its current role in administering the existing cable franchise and also administer state cable television and video franchises within the Joint Powers’ service area, and

WHEREAS, the cities have executed the Amended and Restated Joint Powers Agreement and the County of Santa Clara intends to execute said Agreement.

NOW THEREFORE, IT IS HEREBY DETERMINED AND ORDERED THAT:

The President of this Board is authorized and directed to execute the Amended and Restated Joint Exercise of Powers Agreement by and between the City of Palo Alto, the City of Menlo Park, the City of East Palo Alto, the Town of Atherton, the County of San Mateo, and the County of Santa Clara

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