HomeMy WebLinkAboutCity Council Resolution 24-065, West Valley Clean Water Program JPA RenamingRESOLUTION NO.24-065
RESOLUTION OF THE SARATOGA CITY COUNCIL AUTHORIZING THE CITY
MANAGER TO SIGN THE AMENDMENT TO JOINT POWERS AGREEMENT
CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY TO
CHANGE THE NAME OF THE AUTHORITY
WHEREAS, in 2018, the Cities of Campbell, Monte Sereno and Saratoga and the Town
of Los Gatos (collectively referred to as "Member Agencies") created the West Valley Clean Water
Program Authority ("Authority") on behalf of its member agencies to create a new public entity to
coordinate stormwater pollution abatement, control and management efforts; and other activities
to develop tools and information to assist public and private entities in complying with stormwater
National Pollutant Discharge Elimination System ("NPDES") permits and improving surface
water quality and enhancing water supplies in California; and
WHEREAS, when recently conducting public outreach, it was determined that the
communities of the Member Agencies often confuse the role of the Authority as water provider
rather than an agency that manages stormwater in the Member Agencies; and
WHEREAS, in order to correct that misunderstanding and create greater awareness of the
Authority and its responsibilities, the City of Saratoga desires to change the name of the Authority;
and
WHEREAS, to effectuate the change, the Joint Powers Agreement creating the Authority
must be amended; and
WHEREAS, the City of Saratoga desires to amend the Joint Powers Agreement.
BE IT RESOLVED BY THE SARATOGA CITY COUNCIL that the City Manager is
hereby authorized to execute the document entitled "AMENDMENT TO JOINT POWERS
AGREEMENT CREATING THE WEST VALLEY CLEAN WATER PROGRAM
AUTHORITY", a copy of which is attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to take all necessary
actions to effectuate the change.
BE IT FURTHER RESOLVED that any obligations, responsibilities or duties of the
West Valley Clean Water Program Authority through contract or otherwise shall be the
obligations, responsibilities or duties of the West Valley Stormwater Authority.
Resolution 24-065
Page 2
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 4th day of December 2024 by the following vote:
AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR
AFTAB, MAYOR ZHAO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Yan Zhao, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
Resolution 24-065
Page 3
Exhibit A
AMENDMENT TO JOINT POWERS AGREEMENT
CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY
This AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE WEST
VALLEY CLEAN WATER PROGRAM AUTHORITY (the "Amendment") is made and
entered into this day of , 2024, by and between the West Valley Clean
Water Program Authority, a California Joint Powers Authority (the "Authority"), and the City of
Campbell, the City of Monte Sereno, the City of Saratoga and the Town of Los Gatos, municipal
corporations of the State of California, hereinafter "Member Agencies" (collectively) or
"Member Agency" (individually).
RECITALS
WHEREAS, each of the Member Agencies to the Agreement is a public agency as defined in
California Government Code section 6500; and
WHEREAS, each of the Member Agencies is either. directly or indirectly authorized to
implement measures that would regulate, improve, treat, manage, and convey stormwater and its
quantity and quality; and
WHEREAS, in September 1994, the Member Agencies were among the members of a
Cooperative Agreement for stormwater pollution control coordination; and
WHEREAS, the coordinated stormwater pollution abatement, control and management effort of
the Member Agencies is now commonly known as the West Valley Clean Water Program; and
WHEREAS, the West Valley Clean Water Program has been a successful and cost-effective
means of collaboratively addressing federal and state stormwater requirements and regulations
within the Member Agencies; and
WHEREAS, in 2018, the Member Agencies created the West Valley Clean Water Program
Authority ("Authority") on behalf of its member agencies to create a new public entity to
coordinate stormwater pollution abatement, control and management efforts; and other activities
to develop tools and information to assist public and private entities in complying with
stormwater National Pollutant Discharge Elimination System ("NPDES") permits and improving
surface water quality and enhancing water supplies in California; and
WHEREAS, when recently conducting public outreach, it was determined that the communities
of the Member Agencies often confuse the role of the Authority as water provider rather than an
agency that manages stormwater in the Member Agencies; and
Resolution 24-065
Page 4
WHEREAS, in order to correct that misunderstanding and create greater awareness of the
Authority and its responsibilities, the Member Agencies and the Authority desire to change the
name of the Authority.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
hereinafter set forth, it is agreed by and among the Member Agencies and the Authority hereto as
follows:
AGREEMENT
1. Name of the Authority
(a) As of the Effective Date of this Amendment, the West Valley Clean Water Program
Authority will hereby by known as the West Valley Stormwater Authority.
(b) Upon the Effective Date of this Amendment, An Amendment of A Joint Powers
Agreement shall be filed with the California Secretary of State in accordance with
Government Code section 6503.5. The Authority shall comply with all other formation
requirements provided under California law.
(c) Upon the Effective Date, any obligations, responsibilities or duties of the West Valley
Clean Water Program Authority through contract or otherwise shall be the obligations,
responsibilities or duties of the West Valley Stormwater Authority.
2. Conflict
Except as expressly provided in this Amendment, all terms of the Agreement shall remain in full
force and effect. To the extent there is a conflict between the terms of the Amendment and the
Agreement, the terms of the Amendment shall control.
3. Effective Date
The effective date ("Effective Date") of this Agreement shall be the first day of the first month
following the execution of this Agreement by the Member Agencies.
4. Counterparts
This Agreement may be executed in several counterparts, each of which shall be an original and
all of which shall constitute but one and the same instrument.
IN WITNESS THEREOF, the Member Agencies and the Authority have executed this
Agreement on the dates hereafter set forth.
Resolution 24-065
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CITY OF CAMPBELL
City Manager
Dated:
ATTESTED:
City Clerk
Approved as to Form:
City Attorney
TOWN OF LOS GATOS
Town Manager
Dated:
ATTESTED:
Town Clerk
Approved as to Form:
Resolution 24-065
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Town Attorney
CITY OF MONTE SERENO
City Manager
Dated:
ATTESTED:
City Clerk
Approved as to Form:
City Attorney
CITY OF SARATOGA
City Manager
Dated:
ATTESTED:
City Clerk
Approved as to Form:
Resolution 24-065
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City Attorney
WEST VALLEY CLEAN WATER PROGRAM
AUTHORITY
Executive Director
Dated:
Approved as to Form:
Authority Counsel
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