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HomeMy WebLinkAbout02-07-2018 City Council agenda PacketSaratoga City Council Agenda – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING FEBRUARY 7, 2018 6:00 P.M. STUDY SESSION Administrative Conference Room, City Hall | 13777 Fruitvale Avenue, Saratoga, CA 95070 AGENDA ITEMS: Council Norms and Expectations 7:00 P.M. REGULAR SESSION Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070 PLEDGE OF ALLEGIANCE ROLL CALL REPORT ON POSTING OF THE AGENDA The agenda for this meeting was properly posted on February 2, 2018 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public may address the City Council for up to three (3) minutes on matters not on the Agenda. The law generally prohibits the City Council from discussing or taking action on such items. However, the Council may instruct staff accordingly. ANNOUNCEMENTS SPECIAL PRESENTATION Water Conservation Special Presentation Recommended Action: Receive presentation from Argonaut Elementary 5th Graders on water conservation. Staff Report Saratoga City Council Agenda – Page 2 of 6 1. CONSENT CALENDAR The Consent Calendar contains routine items of business. Items in this section will be acted on in one motion, unless removed by the Mayor or a Council Member. Any member of the public may speak on an item on the Consent Calendar at this time, or request that the Mayor remove an item from the Consent Calendar for discussion. Public Speakers are limited to three (3) minutes. 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on January 17, 2018. Staff Report Attachment A - Minutes for the Regular City Council Meeting on January 17, 2018 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 01/16/2018 Period 7; 01/23/2018 Period 7; and 01/30/2018. Staff Report Check Register - 01-16-2018 Period 7 Check Register - 01-23-2018 Period 7 Check Register - 01-30-2018 Period 7 1.3. Treasurer’s Report for the Month Ended December 31, 2017 Recommended Action: Review and accept the Treasurer’s Report for the month ended December 31, 2017. Staff Report 1.4. Resolution Authorizing Final Disposition of Certain City Records Recommended Action: Adopt resolution authorizing final disposition of certain city records. Staff Report Attachment 1 -Resolution Authorizing the Final Disposition of Certain City Records Attachment 2 -Exhibit A: List of Records Proposed for Final Disposition 1.5. Notice of Completion - Highway 9 Improvements - Phase IV Construction Recommended Action: Move to accept the Highway 9 Improvements – Phase IV Construction contract as complete and authorize staff to record the Notice of Completion. Staff Report Attachment A - Notice of Completion for the Highway 9 Safety Project - Phase IV Saratoga City Council Agenda – Page 3 of 6 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Amendment to Our City Forest Agreement Recommended Action: Authorize the City Manager to execute an amended agreement with Our City Forest for volunteer coordination and project supervision for tree planting events in the City, including plantings for the 2020 by 2020 Tree Planting Program. Staff Report Attachment A – Amended Agreement 3.2. Adopt a resolution authorizing the City Manager to execute an agreement forming the West Valley Clean Water Program Authority and adopt a resolution appointing a representative and alternate to the Board of Directors of the Authority. Recommended Action: Adopt a resolution authorizing the City Manager to execute an agreement forming the West Valley Clean Water Program Authority and adopt a resolution appointing a representative and alternate to the Board of Directors of the Authority. Staff Report Attachment A- Resolution authorizing the City Manager to execute an agreement forming the West Valley Clean Water Program Authority Attachment B - Resolution appointing a representative and alternate to the Board of the Authority Attachment C- JPA- West Valley Clean Water Program Authority COUNCIL ASSIGNMENTS Mayor Mary-Lynne Bernald Cities Association of Santa Clara County-Legislative Action Committee Cities Association of Santa Clara County-City Selection Committee Hakone Foundation Board Public Art Committee Saratoga Historical Foundation South Flow Arrivals Ad Hoc Committee West Valley Mayors and Managers West Valley Solid Waste Management Joint Powers Authority Vice Mayor Manny Cappello Cities Association of Santa Clara County Board of Directors Santa Clara County Housing and Community Development (HCD) Council Committee Saratoga Area Senior Coordinating Council (SASCC) West Valley Sanitation District Saratoga City Council Agenda – Page 4 of 6 Council Member Howard Miller America in Bloom Committee Saratoga Ministerial Association Saratoga Sister City Organization Silicon Valley Clean Energy Authority Board of Directors Valley Transportation Authority (VTA) Policy Advisory Committee VTA State Route 85 Corridor Policy Advisory Board Council Member Emily Lo Hakone Foundation Board & Executive Committee KSAR Community Access TV Board Santa Clara County Library Joint Powers Authority Council Member Rishi Kumar Association of Bay Area Governments Saratoga Chamber of Commerce & Destination Saratoga Santa Clara County Expressway Plan 2040 Policy Advisory Board Santa Clara Valley Water District Commission CITY COUNCIL ITEMS CITY MANAGER'S REPORT ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Nora Pimentel, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on February 2, 2018 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 2nd day of February 2018 at Saratoga, California. Nora Pimentel, MMC, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. These materials are also posted on the City website. Saratoga City Council Agenda – Page 5 of 6 In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408.868.1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102-35.104 ADA title II] 2/12 2/16 2/21 3/05 3/07 3/21 3/26 4/04 4/17 4/18 4/25 5/02 5/16 6/06 6/20 7/04 7/18 8/01 8/15 6:00 p.m. Study Session - Circulation Element with Planning and Traffic Safety Commissions – Community Center, Multi-Purpose Room 9:00 a.m. Council Retreat – Saratoga Foothill Club, 20399 Park Place, Saratoga, CA 6:00 p.m. Joint Meeting with County Fire 7:00 p.m. Regular Session 5:00 p.m. Commission Work Plan Study Session – Heritage Preservation, library, Traffic Safety, Parks, & Recreation Commissions, and Public Task Force – Saratoga Prospect Center, Grace Building 4:30 p.m. Planning Commission Interviews 5:30 p.m. Study Session – CIP Prioritization 7:00 p.m. Regular Session 5:00 p.m. Joint Meeting with Saratoga Ministerial 6:00 p.m. Joint Meeting – Planning Commission 7:00 p.m. Regular Session 6:00 p.m. FEMA Class – Role of Elected Officials in Emergency 5:30 p.m. Heritage Preservation Commission Interviews 6:00 p.m. Join Meeting with Mountain Winery 7:00 p.m. Regular Session - Community Center, Multi-Purpose Room instead of Theater 6:00 p.m. Budget Study Session – Administrative Conference Room 6:00 p.m. Joint Meeting with Chamber of Commerce and Destination Saratoga 7:00 p.m. Regular Session - Community Center, Multi-Purpose Room instead of Theater 5:00 p.m. Youth Commission Interviews (Tentative) 6:00 p.m. Join Meeting with KSAR 7:00 p.m. Regular Session 6:00 p.m. Joint Meeting with Supervisor Simitian 7:00 p.m. Regular Session 5:00 p.m. Closed Session 5:30 p.m. Joint Meeting with Saratoga Neighborhood’s Watch - Community Center, Multi-purpose Room 7:00 p.m. Regular Session 5:00 p.m. Closed Session 5:30 p.m. Joint Meeting with Hakone Board 7:00 p.m. Regular Session Meeting Cancelled Meeting Cancelled 6:00 p.m. Joint Meeting with Historical Foundation 7:00 p.m. Regular Session 6:00 p.m. Joint Meeting with SASCC 7:00 p.m. Regular Session CITY OF SARATOGA CITY COUNCIL MEETING CALENDAR 2018 Saratoga City Council Agenda – Page 6 of 6 9/05 9/19 10/03 10/17 11/07 11/21 12/05 12/13 12/19 6:00 p.m. Joint Meeting with Saratoga Ministerial 7:00 p.m. Regular Session 6:00 p.m. Joint Meeting with Youth Commission 7:00 p.m. Regular Session 5:30 p.m. Joint Meeting with Saratoga School Districts – Community Center, Saunders Room 7:00 p.m. Regular Session 6:00 p.m. Joint Meeting with State Senator Jim Beall Jr. 7:00 p.m. Regular Session 6:00 p.m. Joint Meeting with West Valley – Mission Community College Board of Trustees 7:00 p.m. Regular Session 6:00 p.m. Joint Meeting with Assembly Member Evan Low 7:00 p.m. Regular Session 6:00 p.m. Joint Meeting with Sheriff’s Office 7:00 p.m. Regular Session 7:00 p.m. Council Reorganization 6:00 p.m. Study Session - Council Norms 7:00 p.m. Regular Session SARATOGA CITY COUNCIL MEETING DATE:February 7, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, Deputy City Manager SUBJECT:Water Conservation Special Presentation RECOMMENDED ACTION: Receive presentation from Argonaut Elementary 5th Graders on water conservation. BACKGROUND: A team of 5th graders from Argonaut Elementary is working to encourage water conservation and has prepared a video geared towards children to promote reduced water use. The team requested to present the video to the City Council at the February 7, 2018 meeting. The video is available online at https://youtu.be/MJLXJU3o7VU. 4 SARATOGA CITY COUNCIL MEETING DATE: February 7, 2018 DEPARTMENT: City Manager’s Office PREPARED BY: Nora Pimentel, City Clerk SUBJECT: City Council Meeting Minutes RECOMMENDED ACTION: Approve the City Council minutes for the Regular City Council Meeting on January 17, 2018. BACKGROUND: Draft City Council minutes for each Council Meeting are taken to the City Council to be reviewed for accuracy and approval. Following City Council approval, minutes are retained for legislative history and posted on the City of Saratoga website. The draft minutes are attached to this report for Council review and approval. FOLLOW UP ACTION: Minutes will be retained for legislative history and posted on the City of Saratoga website. ATTACHMENTS: Attachment A – Minutes for the Regular City Council Meeting on January 17, 2018. 5 Saratoga City Council Minutes – Page 1 of 3 MINUTES WEDNESDAY, JANUARY 17, 2018 SARATOGA CITY COUNCIL REGULAR MEETING At 7:01 p.m., Vice Mayor Cappello called the Regular Session to order in the Administrative Conference Room, City Hall at 13777 Fruitvale Avenue in Saratoga and led the Pledge of Allegiance. ROLL CALL PRESENT: Vice Mayor Manny Cappello Council Members, Howard Miller, Rishi Kumar ABSENT: Mayor Mary-Lynne Bernald - Excused Council Member Emily Lo - Excused ALSO PRESENT: James Lindsay, City Manager Crystal Bothelio, Deputy City Manager Nora Pimentel, City Clerk Mary Furey, Finance & Administrative Services Director REPORT ON POSTING OF THE AGENDA City Clerk Nora Pimentel reported that the agenda for this meeting was properly posted on January 11, 2018. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Jim Stallman spoke about License Plate Readers and urged the Council to purchase and install them. Mr. Stallman stated he was pleased to hear that one of Mayor Bernald’s goals is public safety. ANNOUNCEMENTS None. 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council meeting on December 20, 2017. MILLER/KUMAR MOVED TO APROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING ON DECEMBER 20, 2017. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD, LO 1.2. Review of Accounts Payable Check Register Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 12/19/17 Period 6; 01/0918 Period 7 6 Saratoga City Council Minutes – Page 2 of 3 MILLER/KUMAR MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/19/17 PERIOD 6; 01/0918 PERIOD 7. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD, LO 1.3. Treasurer's Report for the Month Ended November 30, 2017 Recommended Action: Review and Accept the Treasurer's Report for the month ended November 30, 2017. MILLER/KUMAR MOVED TO ACCEPT THE TREASURER'S REPORT FOR THE MONTH ENDED NOVEMBER 30, 2017. MOTION PASSED. AYES: CAPPELLO, MILLER, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: BERNALD, LO 2. PUBLIC HEARING None. 3. GENERAL BUSINESS None. COUNCIL ASSIGNMENTS Mayor Mary-Lynne Bernald None Vice Mayor Manny Cappello None Council Member Howard Miller None Council Member Emily Lo None Council Member Rishi Kumar None Jim Stallman expressed concern that there is no Council Assignment for public safety. CITY COUNCIL ITEMS Council Member Miller requested that the Council consider amending the City Council Norms to permanently cancel the first regular meeting of January. Council Member Miller suggested that this subject could be discussed during the upcoming Council Norms Study Session. 7 Saratoga City Council Minutes – Page 3 of 3 CITY MANAGER'S REPORT None. ADJOURNMENT Vice Mayor Cappello adjourned the regular meeting at 7:09 p.m. Minutes respectfully submitted: Nora Pimentel, MMC City Clerk, City of Saratoga 8 Gina Scott, Accounting Technician SUBJECT: Review of Accounts Payable Check Registers RECOMMENDED ACTION: Review and accept check registers for the following accounts payable payment cycles: 1/16/2018 Period 7 1/23/2018 Period 7 1/30/2018 Period 7 BACKGROUND: The information listed below provides detail for weekly City check runs. Checks issued for $20,000 or greater are listed separately as well as any checks that were void during the time period. Fund information, by check run, is also provided in this report. REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 1/16/18 135094 135132 39 53,196.00 01/17/18 01/08/18 135093 1/23/18 135133 135196 64 812,636.17 01/24/18 01/16/18 135132 Accounts Payable 1/30/18 135197 135228 32 163,786.07 01/30/18 01/23/18 135196 Accounts Payable checks issued for $20,000 or greater: Date Check # Issued to Dept.Amount 01/23/18 135134 CDD 41,681.53 01/23/18 135135 Rec/Fac 30,930.00 01/23/18 135163 PS 443,278.42 01/23/18 135175 Various 28,463.30 01/23/18 135192 PW 54,641.72 01/30/18 135205 Adm Srvcs 36,425.81 01/30/18 135212 PW 71,583.81 Accounts Payable checks voided during this time period: AP Date Check #Amount 01/16/18 135128 259.00 ATTACHMENTS: Check Registers in the 'A/P Checks By Period and Year' report format Fund Purpose Law Enforcement PREPARED BY: Ending Check #Type of Checks Date Accounts Payable Accounts Payable Starting Check # SARATOGA CITY COUNCIL MEETING DATE:February 7, 2018 DEPARTMENT:Finance & Administrative Services Gradetech Inc.CIP Street Repairs Issued to Sunny Liu Reason 4Leaf, Inc. Prior Check Register Checks Released Total Checks Amount Prospect Rd Imp General Attorney Services Wattis Construction General Liability Insurance Insurance Plan Checks General ABAG Plan Corporation Shute Mihaly & Weinberger SCC Office of the Sheriff CIP Street Repairs Comp Shared Risk Pool Payee Name Change Status Worker's Comp PremWorker's Comp Hwy 9 Phase IV Re-issue check 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SARATOGA CITY COUNCIL MEETING DATE: February 7, 2018 DEPARTMENT: Finance & Administrative Services PREPARED BY: Ann Xu, Accountant SUBJECT: Treasurer’s Report for the Month Ended December 31, 2017 RECOMMENDED ACTION: Review and accept the Treasurer’s Report for the month ended December 31, 2017. BACKGROUND: California government code section 41004 requires that the City Treasurer submit to the City Clerk and the legislative body a written report and accounting of all receipts, disbursements, and fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035 designates the City Manager as the City Treasurer. This report is prepared to fulfill this requirement. The following attachments provide various financial transaction data for the City of Saratoga’s Funds collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present. FISCAL STATEMENT: Cash and Investments Balance by Fund As of December 31, 2017, the City had $527,725 in cash deposit at Comerica bank, and $20,312,379 on deposit with LAIF. The City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1, 2017: for cash flow purposes and to avoid occurrence of dry period financing, pooled cash from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance as of December 31, 2017 is $20,840,104 and exceeds the minimum limit required. City’s Current Financial Position In accordance with California government code section 53646 (b) (3), the City is financially well positioned and able to meet its expenditure requirements for the next six months. As of December 31, 2017, the City’s financial position (Assets $21.9M, Liabilities $2.9M and Fund Equity $19.0 M) remains very strong and there are no issues in meeting financial obligations now or in the foreseeable future. Unrestricted Cash Comerica Bank 527,725$ Deposit with LAIF 20,312,379$ Total Unrestricted Cash 20,840,104$ Cash Summary 25 The following Fund Balance schedule represents actual funding available for all funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as assets and liabilities are components of the fund balance. As illustrated in the summary below, Total Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at the Ending Fund Balance – which represents the actual amount of funds available. Fund Balance Designations In accordance with Governmental Accounting Standards Board (GASB) Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions, the components of fund balance are categorized as follows: “non-spendable fund balance”, resources that are inherently non-spendable from the vantage point of the current period; “restricted fund balance”, resources that are subject to enforceable legal restrictions; “committed fund balance”, resources whose use is constrained by limitations the government imposes upon itself through formal action at its highest level of decision making and remains binding unless removed in the same manner; “assigned fund balance”, resources that reflects a government’s intended use of resources, such intent would have to be established at either the highest level of decision making, by a body, or an official designated for that purpose; and “unassigned fund balance”, net resources in excess of what can properly be classified in one of the other four categories. Currently, the City’s fund balance reserves fall into one of the four spendable categories; restricted, committed, assigned, or unassigned fund balance. ATTACHMENTS A – Change in Total Fund Balances by Fund under GASB 54 B – Change in Total Fund Balances by CIP Project C – Change in Cash Balance by Month D – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates + Total Unrestricted Cash 20,840,104$ Plus: Assets 1,110,112 Less: Liabilities (2,986,775) Ending Fund Balance 18,963,441$ Adjusting Cash to Ending Fund Balance 26 ATTACHMENT A CHANGES IN TOTAL FUND BALANCE UNDER GASB 54 Fund Descri ption Prior Year Carryforward 7/1/17 Increase/ (Decrease) Jul-Nov Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 12/31/17 General Fund Restricted Fund Balances: Environmental Services Reserve 263,182 - - - - - 263,182 Committed Fund Balances: Hillside Stability Reserve 790,000 - - - 790,000 Assigned Fund Balances: Future Capital Replacement & Efficiency Project Reserve 1,564,588 - - - 1,564,588 Facility Reserve 1,700,000 - - - 1,700,000 Carryforwards Reserve 7,246 - - - 7,246 Unassigned Fund Balances: Working Capital Reserve 1,000,000 - - - 1,000,000 Fiscal Stabilization Reserve 2,500,000 - - - 2,500,000 Development Services Reserve 719,562 - - - 719,562 Compensated Absences Reserve 209,937 - - - 209,937 Other Unassigned Fund Balance Reserve (Pre YE distribution) 2,229,800 (2,835,581) 2,601,453 1,299,431 1,587,909 (891,667) General Fund Total 10,984,315 (2,835,581) 2,601,453 1,299,431 - 1,587,909 7,862,847 Special Revenue Landscape/Lighting Districts 1,152,873 (150,449) 67,373 27,758 - - 1,042,039 Capital Project Street Projects 2,168,309 (718,396) 29,275 32,596 1,634,000 600,000 2,480,592 Park and Trail Projects 481,868 41,130 - 24,618 400,000 - 898,380 Facility Projects 252,801 16,495 5,000 222 - - 274,073 Administrative Projects 687,313 28,633 3,732 - 133,909 - 853,588 Tree Fund Projects 67,995 (201) - - 20,000 - 87,794 Park In-Lieu Projects 491,061 14,359 - - - - 505,420 CIP Grant Street Projects 49,255 (58,007) 25,327 6,149 - - 10,425 CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 Gas Tax Fund Projects 873,894 197,995 - 1,775 482,000 482,000 1,070,114 CIP Fund Total 5,085,305 (482,710) 63,333 67,860 2,669,909 1,082,000 6,185,978 Debt Service Library Bond 959,322 (662,556) 3,280 - - - 300,046 Internal Service Fund Liability/Risk Management 504,481 (8,811) 522 6,282 - - 489,909 Workers Compensation 294,052 8,144 (296) 2,499 - - 299,400 Office Support Fund 109,806 9,933 791 9,720 - - 110,810 Information Technology Services 308,072 62,066 1,138 41,939 - - 329,337 Vehicle & Equipment Maintenance 176,906 47,070 - 12,342 - - 211,634 Building Maintenance 454,606 104,558 325 48,870 - - 510,619 Vehicle & Equipment Replacement 585,986 69,754 - 1,049 - - 654,691 Technology Replacement 315,299 67,489 - 505 - - 382,284 Facility FFE Replacement 498,369 90,651 - 5,165 - - 583,855 Total City 21,429,391 (3,680,441) 2,737,917 1,523,420 2,669,909 2,669,909 18,963,441 27 ATTACHMENT B FUND BALANCES BY CIP PROJECT CIP Funds/Pro jects Prior Year Carryforward 7/1/17 Increase/ (Decrease) Jul-Nov Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 12/31/17 Street Projects Annual Road Improvements 839,731 (204,215) 29,275 30,522 295,000 600,000 329,268 Roadway Safety & Traffic Calming 65,514 - - - 50,000 - 115,514 Highway 9 Safety Improvements - Phase IV 74,309 (8,123) - 1,610 - - 64,576 Prospect/Saratoga Median Improvement - (568) - - 600,000 - 599,432 Big Basin Way Turn Around - (11,436) - - 50,000 - 38,564 Annual Infrastructure Maintenance& Repair 122,667 (84,353) - 463 200,000 - 237,850 Village Pedestrian Improvements - Phase II 875 - - - - - 875 EL Camino Grande Storm Drain Pump 247,508 (13,914) - - 145,000 - 378,594 Storm Drain Capture Device 30,000 - - - - - 30,000 Wildcat Creek Outfall 40,000 - - - - - 40,000 Saratoga Village Crosswalk & Sidewalk Rehabilitation - - - - 44,000 - 44,000 Quito Road Sidewalk Improvements - - - - 50,000 - 50,000 Fourth Street Bridge Widening 100,000 - - - - - 100,000 Quito Road Bridge Replacement 157,830 - - - - - 157,830 Quito Road Bridge - ROW Acquisition 42,259 (516) - - - - 41,743 Annual Retaining Wall Maintenance & Repairs 158,955 (300,170) - - 200,000 - 58,785 Bainter Ave Retaining Wall 189,917 (95,102) - - - - 94,816 Underground Project 98,744 - - - - - 98,744 Total Street Projects 2,168,309 (718,396) 29,275 32,596 1,634,000 600,000 2,480,592 Parks & Trails Projects Park/Trail Repairs 618 - - 17,189 100,000 - 83,429 Sustainable Landscaping 39,836 - - - - - 39,836 Magical Bridge Playground 32,000 - - - - - 32,000 Hakone Gardens Infrastructure Improvements 114,513 - - - - - 114,513 Hakone Gardens Koi Pond Improvements 139,548 79,231 - 7,429 - - 211,351 Joe's Trail at Saratoga/De Anza 33,997 - - - - - 33,997 Guava/Fredericksburg Entrance 21,356 (5,596) - - - - 15,760 Saratoga Village to Quarry Park Walkway - Design - - - - 50,000 - 50,000 Saratoga to Sea Trail - Construction 100,000 (32,506) - - 250,000 - 317,494 Total Parks & Trails Projects 481,868 41,130 - 24,618 400,000 - 898,380 Facility Projects Civic Theater Improvements 76,286 (11,693) - 222 - - 64,371 CC/SC Panel Upgrade 120,000 - - - - - 120,000 SPCC Furniture & Fixtures 7,644 (1,562) - - - - 6,082 Library Building Exterior Maintenance Projects 15,570 - 5,000 - - - 20,570 Library - Electric Vehicle Fast Charging Station 33,301 29,750 - - - - 63,051 Total Facility Projects 252,801 16,495 5,000 222 - - 274,073 Administrative and Technology Projects Combined Document Imaging Project 25,230 - - - - - 25,230 City Website/Intranet 81,717 (64,768) - - - - 16,949 Development Technology 63,171 (5,314) 3,732 - - - 61,588 Trak-It Software Upgrade 25,883 - - - - - 25,883 LLD Initiation Match Program 24,000 - - - 26,000 - 50,000 Horseshoe Beautification 25,000 - - - - - 25,000 Citywide Transportation Needs Assessment 10,521 - - - - - 10,521 General Plan Update 222,606 100,000 - - 57,909 - 380,515 Village Façade Program 15,751 - - - - - 15,751 Village Specific Plan Update 89,023 (1,284) - - - - 87,738 Risk Management Project Funding 104,412 - - - 50,000 - 154,412 Total Administrative and Technology Projects 687,314 28,633 3,732 - 133,909 - 853,588 28 ATTACHMENT B (Cont.) FUND BALANCES BY CIP PROJECT CIP Funds/Pro jects Prior Year Carryforward 7/1/17 Increase/ (Decrease) Jul-Nov Current Revenue Current Expenditure Transfer In Transfer Out Fund Balance 12/31/17 Tree Fund Projects Citywide Tree Planting Program 44,370 (326) - - 20,000 - 64,044 Tree Dedication Program 22,250 125 - - - - 22,375 SMSCF Tree Donation Program 1,375 - - - - - 1,375 Total Tree Fund Projects 67,995 (201) - - 20,000 - 87,794 CIP Grant Street Projects Highway 9 Safety Improvements - Phase IV - (54,026) 25,327 6,149 - - (34,848) Prospect/Saratoga Median Improvement (40) - - - - - (40) Citywide Signal Upgrade II (965) - - - - - (965) Saratoga Ave Sidewalk 50,261 - - - - - 50,261 Quito Road Bridges - ROW Acquisition - (3,981) - - - - (3,981) Total CIP Grant Street Projects 49,255 (58,007) 25,327 6,149 - - 10,425 CIP Grant Park & Trail Projects Joe's Trail at Saratoga/De Anza 12,809 - - - - - 12,809 Total CIP Grant Park & Trail Projects 12,809 - - - - - 12,809 CIP Grant Facility Projects SC - Restroom ADA Upgrade - (4,717) - 2,500 - - (7,217) Total CIP Grant Facility Projects - (4,717) - 2,500 - - (7,217) Park In-Lieu Projects Magical Bridge Playground 128,000 - - - - - 128,000 Hakone Koi Pond Improvement - - - - 110,000 - 110,000 Quarry Park ADA Access 244,696 (6,416) - - - - 238,279 Unallocated Park In-Lieu Funds 118,365 20,775 - - (110,000) - 29,140 Total park In-Lieu Projects 491,061 14,359 - - - - 505,420 Gas Tax Fund Projects Annual Roadway Improvements 488,313 236,731 - - - 482,000 243,043 Prospect/Saratoga Median Improvements 217,748 (6,856) - - 482,000 - 692,892 Citywide Signal Upgrade II 99,759 - - - - - 99,759 Quito Road & Paseo Olivos Storm Drain 40,000 (31,880) - 1,775 - - 6,345 Big Basin Way Sidewalk Repairs 20,990 - - - - - 20,990 Quito Road Bridges 7,085 - - - - - 7,085 Total Gas Tax Fund Projects 873,894 197,995 - 1,775 482,000 482,000 1,070,114 Total CIP Funds 5,085,305 (482,710) 63,333 67,860 2,669,909 1,082,000 6,185,978 29 ATTACHMENT C CHANGE IN CASH BALANCE BY MONTH 30 ATTACHMENT D March June September December 1977 5.68 5.78 5.84 6.45 1978 6.97 7.35 7.86 8.32 1979 8.81 9.10 9.26 10.06 1980 11.11 11.54 10.01 10.47 1981 11.23 11.68 12.40 11.91 1982 11.82 11.99 11.74 10.71 1983 9.87 9.64 10.04 10.18 1984 10.32 10.88 11.53 11.41 1985 10.32 9.98 9.54 9.43 1986 9.09 8.39 7.81 7.48 1987 7.24 7.21 7.54 7.97 1988 8.01 7.87 8.20 8.45 1989 8.76 9.13 8.87 8.68 1990 8.52 8.50 8.39 8.27 1991 7.97 7.38 7.00 6.52 1992 5.87 5.45 4.97 4.67 1993 4.64 4.51 4.44 4.36 1994 4.25 4.45 4.96 5.37 1995 5.76 5.98 5.89 5.76 1996 5.62 5.52 5.57 5.58 1997 5.56 5.63 5.68 5.71 1998 5.70 5.66 5.64 5.46 1999 5.19 5.08 5.21 5.49 2000 5.80 6.18 6.47 6.52 2001 6.16 5.32 4.47 3.52 2002 2.96 2.75 2.63 2.31 2003 1.98 1.77 1.63 1.56 2004 1.47 1.44 1.67 2.00 2005 2.38 2.85 3.18 3.63 2006 4.03 4.53 4.93 5.11 2007 5.17 5.23 5.24 4.96 2008 4.18 3.11 2.77 2.54 2009 1.91 1.51 0.90 0.60 2010 0.56 0.56 0.51 0.46 2011 0.51 0.48 0.38 0.38 2012 0.38 0.36 0.35 0.32 2013 0.28 0.24 0.26 0.26 2014 0.24 0.22 0.24 0.25 2015 0.26 0.28 0.32 0.37 2016 0.46 0.55 0.60 0.68 2017 0.78 0.92 1.07 1.20 Quarterly Apportionment Rates Local Agency Investment Fund 31 SARATOGA CITY COUNCIL MEETING DATE:February 7, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Debbie Bretschneider, Deputy City Clerk SUBJECT:Resolution Authorizing Final Disposition of Certain City Records RECOMMENDED ACTION: Adopt resolution authorizing final disposition of certain city records. BACKGROUND: On December 7, 2016, the City Council approved a new Records Retention Schedule. In accordance with the schedule, staff and the City Attorney review archived documents to determine those that are to be destroyed pursuant to the Schedule and can, therefore, be shredded. In order to comply with State law, processing expired records for destruction is a multi-step process: 1.Staff in each department identifies records for which the retention period has expired in accordance with the approved records retention schedule. Records in each box are reviewed to make sure the records are eligible for destruction. 2.Department directors review and approve the list of records to be destroyed in their departments. 3.The City Clerk and City Attorney review and approve a combined list of all expired records. 4.The list of records is presented to the City Council along with a resolution authorizing the shredding of listed documents. Records may not be shredded without the authorization of the City Council and the City Attorney. At this time, staff has identified 39 boxes of expired records and is requesting authorization from the Council to proceed with shredding the documents. FOLLOW UP ACTION: Consistent with the City’s standard policy, the records will be held for seven days for review pursuant to the Public Records Act.If no request for review is submitted, they will be promptly destroyed unless the City Attorney determines that they should be retained for any reason in which case they will be destroyed at a later date per direction from the City Attorney.If a 32 request for review is submitted, the records will be destroyed between 20 and 30 days after they have been made available for review. ATTACHMENTS: Attachment 1 -Resolution Authorizing the Final Disposition of Certain City Records Attachment 2 -Exhibit A: List of Records Proposed for Final Disposition 915458.2 33 RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE FINAL DISPOSITION OF CERTAIN CITY RECORDS WHEREAS, Government Code Section 34090 et seq. authorizes City department heads to destroy certain records, documents, instruments, books or paper after the same are no longer required with the approval of the legislative body by resolution and the written consent of the City Attorney. NOW, THEREFORE, the City Council of the City of Saratoga hereby resolves as follows: 1.Department heads are hereby authorized to have destroyed those certain documents, instruments, books or paper (collectively, “Records”) under their charge as described in Exhibit ‘A. 2.The Records described in Exhibit ‘A shall be held for seven days for review pursuant to the Public Records Act prior to destruction. If no request for review is submitted within that time, they shall be promptly destroyed. If a request for review is submitted, the Records shall be destroyed not less than twenty days and not more than thirty days after the records have been made available for review. Notwithstanding the foregoing, if the City Attorney determines that any Records should be retained for any reason those Records shall be retained and destroyed at a later date determined by the City Attorney. The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7 th day of February, 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mary-Lynne Bernald, Mayor ATTEST: DATE: Nora Pimentel, City Clerk 34 Retention Guide AU = Audit*, CL =Closure, CU = Current Year, T = Terminated Number of Box Department Description of Documents Retention date Retention Record Series CDD 1 CDD 2006-2008 Duplicate Deposit Account Timesheets, Reports, Logs 01-01-2014 Audit + 4 accounts payable CDD 2 CDD 2007-2009 Duplicate Deposit Account 01-01-2015 Audit + 4 Accounts payable CDD 3 CDD 2007-2009 Duplicate Deposit Account Reconciliation Reports 01-01-2016 Audit + 5 account reconciliation CDD 4 CDD 2006-2007 Duplicate Customer Activity Li t 01-01-2013 Audit + 4 accounts payable CDD 5 CDD 2009-2010 Duplicate Deposit Account Reconciliation Reports 01-01-2017 Audit + 5 Accounts reconciliation 105A CMO Saratoga Fire District Contracts 2000-2002 Scanned 12/31/2012 Closed + 10 Contracts & Agreements 239 CMO Terminated Contracts from 2006 --scanned 1/1/2018 CLosed+10 Contracts & Agreements 404 Recreation Signed Liability Forms 2013 12/31/2017 Current year +4 Release of Liability 405 Recreation Reservation Contracts 2004-2013 12/31/2017 Current year +4 Facility Rentals 631 Finance Employee Time Sheets FY 09/10 12-31-2017 Audit+6 Payroll -Employee timesheet 644 Finance Development Deposit backup 2008/09 12-31-2017 Audit +4 Accounts Payable 654 Finance FY 2009/10 Payroll EFT Payments Posted to GL 12-31-2017 Term +6 Employee Payroll Files 667 Finance Employee Time Sheets -FY 2010-2011 12/31-2017 Audit +6 Payroll -Employee timesheet 672 Finance Terminated Employees -Employee payroll Files 01-01-2004 thru 12-31-2007 12-31-2017 Term +6 Employee Payroll Files 674 Finance Terminated Employees --employee Payroll files 01-01-2007 thru 12-31-2007 12-31-2017 Term +6 Employee Payroll Files 708 Finance FY 2011-2012 Bank Statements -July 2011 to December 2011 12-31-2017 Audit +5 Banking Records 709 Finance FY 2011-2012 Bank Statements -January 2012-June 2012 12-31-2017 Audit +5 Banking Records January 2018 Records Authorized for Destruction by Council and City Attorney 35 732 Finance Banking Records -Bank deposit receipts FY 2011-12 12/31/2017 Audit + 5 Banking Records 738 finance Accounts Payable --(AP)-FY 2012/13 Weekly check run & Register 07/05/12 - 09/11/12 12/31/2017 Audit + 4 Accounts Payable 739 finance AP-FY 2012/13 Weekly check run & Register 09/18/12 - 11/06/12 12/31/2017 Audit + 4 Accounts Payable 740 finance AP-FY Weekly check run & Register 11/13/12 -01/09/13 12/31/2017 Audit + 4 Accounts Payable 741 finance AP-FY 2012/13 Weekly check run & Register 01/15/13 -03/12/13 12/31/2017 Audit + 4 Accounts Payable 742 finance AP-FY 2012-13 Weekly Check run & Register 03/19/13 - 05/07/13 12/31/2017 Audit + 4 Accounts Payable 743 finance AP-FY2012/12 Weekly check run & Register 05/14/2013-06/25/2013 12/31/2017 Audit + 4 Accounts Payable 744 finance AP-FY 12/13 Weekly Check Run & register 07/02/13-08/13/13 Batch edit Lists FY 2012/13 12/31/2017 Audit + 4 Accounts Payable 745 finance Closed Purchase order FY2011-12 12/31/2016 Audit + 4 Purchase Order Files 746 finance Payroll EFT/ACH Payments FY2012-13 12/31/2017 Audit + 4 Employee Payroll Files 747 finance Void Checks & Check pick-up logs. Old files of Void checks 2004-6/30/12 12/31/2017 Audit + 5 Banking Records 748 finance Cash receipts 07/01/12 - 08/31/12 FY 2012- 13 12/31/2017 Audit + 4 Accounts Payable 749 finance Cash Receipts 09/01/12 - 10/31/12 FY2012- 13 12/31/2017 Audit + 4 Accounts Payable 750 finance Cash receipts 11/01/12-12/31/12 FY2012- 13 12/31/2017 Audit + 4 Accounts Payable 751 finance Cash receipts 01-01-2013-02-28-2013 FY2012-13 12/31/2017 Audit + 4 Accounts Payable 752 finance Cash receipts 03-01-2013-04-30-2013 FY2012-13 12/31/2017 Audit + 4 Accounts Payable 36 753 finance Cash receipts 05-01-2013-06-30-2013 FY2012-13 12/31/2017 Audit + 4 Accounts Payable 754 finance Treasurer Report, Record date FY 2010-11 and FY 2011-12 12/31/2017 Audit + 5 Treasurer's report 755 finance Treasurer Report FY 2009-10 LAIF Interest Allocation FY 2009-10 and FY 2010-11 12/31/2016 Audit + 5 Treasurer's report 771 Finance FY 2012-13 Parking citations 12/31/2017 Audit + 4 Accounts Recievable 772 Finance FY 2012-13 Cash receipts 12/31/2017 Audit + 4 Accounts Payable 773 Finance CY 2013 Business license renewal 12/31/2017 Term +4 Business License Files 791 Finance FY 2012/13 Accounts Receivable and CY 2013 False alarm cards 7/1/12 - 12/31/13 12/31/2017 Audit + 4 Accounts Recievable *Audits for each fiscal year are completed in October following the close of the fiscal year on June 30 CITY ATTORNEY CONSENTS TO DESTRUCTION OF THE RECORDS, DOCUMENTS, INSTRUMENTS, BOOKS OR PAPER DESCRIBED ABOVE: __________________ ____________ Richard Taylor Date City Attorney 37 s s 38 SARATOGA CITY COUNCIL MEETING DATE:February 7, 2018 DEPARTMENT:Public Works PREPARED BY:Emma Burkhalter, Assistant Engineer SUBJECT:Notice of Completion –Highway 9 Improvements–Phase IV Construction RECOMMENDED ACTION: Move to accept the Highway 9 Improvements –Phase IV Construction contract as complete and authorize staff to record the Notice of Completion. BACKGROUND: All work for the Highway 9 Improvements –Phase IV Construction has been completed by the City’s contractor,GradeTech Inc, and has been inspected and accepted by Public Works Staff. The city executed a contract with GradeTech Inc on December 7, 2016 in the amount of $730,827 for the construction of ADA complaint pedestrian paths and the installation of berms, retaining walls, driveway modifications, pedestrian-activated in-roadway warning lights crosswalk, signage, and traffic striping and markings.Additionally, Council authorized a contingency in the amount of $146,000. The final contract amount was $849,759.85. In order to close out the construction contract and begin the one year maintenance / warranty period, it is recommended that Council accept the project as complete. Furthermore it is recommended that the Council authorizes staff to record the attached Notice of Completion for the construction contract so that the requisite 30-day stop notice for filing of claims by subcontractors or material providers may commence. ATTACHMENTS: Attachment A –Notice of Completion for the Highway 9 Safety Project –Phase IV 39 Recording requested by, And to be returned to: City of Saratoga Public Works Department 13777 Fruitvale Avenue Saratoga, CA 95070 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor mentioned below, on property of the Owner, was accepted as complete by the Owner on the 7th day of February, 2018. Contract Number: N/A Contract Date: December 7, 2016 Contractor’s Name: GradeTech Inc Contractor’s Address: PO Box 1728 San Ramon CA 94583 Description of Work: Highway 9 Improvements - Phase IV Construction Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State of California. The undersigned certifies that he is an officer of the City of Saratoga, that he has read the foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same is true of his own knowledge, except as to those matters which are therein stated on the information or belief, as to those matters the he believes to be true. I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of Saratoga, County of Santa Clara, State of California on February7 th, 2018 CITY OF SARATOGA BY:____________________________ATTEST:____________________________ James Lindsay Nora Pimentel, City Clerk City Manager Gov. Code 40814 40 SARATOGA CITY COUNCIL MEETING DATE:February 7, 2018 DEPARTMENT:City Manager’s Office PREPARED BY:Crystal Bothelio, Deputy City Manager SUBJECT:Amendment to Our City Forest Agreement RECOMMENDED ACTION: Authorize the City Manager to execute an amended agreement with Our City Forest for volunteer coordination and project supervision for tree planting events in the City, including plantings for the 2020 by 2020 Tree Planting Program. BACKGROUND: In 2016,City Council challenged residents to plant 2,020 trees by the year 2020. The challenge came at the same time that many trees in Saratoga were lost due to a prolonged drought, which made many trees in the City susceptible to pests, diseases, and other conditions. In an effort to aid progress towards the goal, the Council also established a cost sharing tree planting program in partnership with Our City Forest. Through the program, property owners can receive up to 2 trees at a discounted price that will be planted in the front yard by trained Our City Forest volunteers. Most trees cost $95 to $135 per tree, depending on type of tree and other factors. The City pays $105 per tree. Originally, $10,000 was set aside for the program. An additional $20,000 was allocated as part of the Fiscal Year 2017/18 Capital Budget within the Citywide Tree Replanting Program. The original $10,000 has been expended. Consequently, staff is recommending that the City Council authorize the City Manager to execute an amended agreement with Our City Forest that increases the funding of the agreement by $20,000 for the 2020 by 2020 cost sharing tree planting program. The agreement with Our City Forest also includes tree planting that is conducted in partnership with the El Quito Lighting and Landscaping District. This proposed amendment does not change the amount of funds available for work in the El Quito neighborhood. To date, 1,450 trees have been planted since the start of the 2020 by 2020 Tree Planting Challenge. Of this total, 92 trees have been planted through the City’s cost sharing program. 41 FISCAL STATEMENT: Funding for the proposed agreement amendment is available in the current Fiscal Year Capital Budget, within the Citywide Tree Replanting Program ATTACHMENTS: Attachment A – Amended Agreement 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 SARATOGA CITY COUNCIL MEETING DATE:February 7, 2018 DEPARTMENT:Public Works PREPARED BY:Mainini Cabute, Management Analyst II SUBJECT:Adopt a resolution authorizing the City Manager to execute an agreement forming the West Valley Clean Water Program Authority and adopt a resolution appointing a representative and alternate to the Board of Directors of the Authority RECOMMENDED ACTION: Adopt a resolution authorizing the City Manager to execute an agreement forming the West Valley Clean Water Program Authority,and adopt a resolution appointing a representative and alternate to the Board of Directors of the Authority. BACKGROUND: The cities of Campbell, Los Gatos, Monte Sereno, and Saratoga have worked cooperatively for many years to implement and manage stormwater services in each respective jurisdiction. In 1992, the communities of Campbell, Los Gatos and Monte Sereno entered into formal agreements with the West Valley Sanitation District (District) for the provision of stormwater management services in order to comply with state permitting requirements. Saratoga entered into a similar agreement with the District in 1994. The agreements also authorize the District to collect revenues on behalf of the Campell, Los Gatos and Monte Sereno, with the exception of Saratoga, through storm drainage service charges, which are assessed on the annual property tax rolls. Saratoga does not collect these revenues from its residents. The four cities agreed to take a regional approach toward stormwater compliance and refer to their group as the West Valley communities. Subsequently, the District created the West Valley Clean Water Program (WVCWP) as an autonomous business unit to provide consolidated stormwater program services to the West Valley Communities. The WVCWP provides all permit-related work that does not necessarily need to be completed at the city level, delivering regional stormwater management services to more efficiently comply with state mandated regulations. Recently, on May 10, 2017 the District Board of Directors approved the withdrawal from the WVCWP, and termination of the District’s participation in various legal agreements with the WVCWP. The District recommended the West Valley Communities consider forming a Joint Powers Authority (JPA) to implement the stormwater program in its absence. The District’s 68 effective termination date was given as June 30, 2018. On July 1, 2018, and to the extent applicable by law, these agreements will remain in full force and effect without the District as a Party. The District has continued to meet with City staff to help facilitate a smooth transition, and has agreed to collect the storm drainage service charge for an additional three years to allow the Campbell, Los Gatos, and Monte Sereno to develop a suitable, alternative funding source. Through the WVCWP, the four cities have been successful in complying with the state regulatory requirements. The WVCWP has effectively demonstrated its managerial and technical program value by providing high-quality stormwater services, while satisfying stormwater regulatory requirements, at a cost far more economical than what could be achieved individually by its member agencies. From this perspective, staff from each of the four agencies evaluated the three program management scenarios listed below, to maintain stormwater services, prior to concluding that the Joint Powers Authority is the best scenario for the future. During the evaluation, the four agencies considered legal implications, ability to fund and implement a stormwater program, administrative requirements, political viability and relative cost. A. Maintain the status quo under a revised Memorandum of Understanding (MOU) Pro: The most familiar option. Con: A complete “status quo” option is not possible since the existing agreements would need to be revised by the parties for a defined period of time. Modifications to the agreements would include updating roles and responsibilities, business and fiscal practices, service levels, communication, and data management. Staff determined that program management, staffing, funding alternatives, and benefit liabilities would be costly to maintain and difficult to manage with the loss of District participation. B. Dissolve the cooperative agreements and proceeding individually Pro: Each city would be responsible for their own stormwater program implementation and state permitting requirements. Con: Each City would have to hire a new position to manage and coordinate the work and the total cost to comply with the permit requirement would be higher. C. Create a Joint Powers Authority (JPA) to implement stormwater actions under one agency. Pro: The Joint Power Authority would implement the stormwater actions on behalf of the West Valley Communities as a separate legal entity. This entity would be similar to the existing West Valley Solid Waste Management Authority. This approach could provide the current centralized services as provided by the District and WVCWP, while maintaining a unified and deliberate vehicle for managing collaborative activities and programs. Agreements could easily be consolidated and stormwater services contracted under the JPA. The new entity would have independent legal rights, and debts, liabilities and obligations would belong to the entity, and not the contracting parties. The JPA could invoke bonding authority as well as taxing ability to provide alternative funding sources in the future. Chief benefits include economies of scope and scale for program management 69 and implementation, staffing and fiscal flexibility, and maintaining greater regional influence as a unified whole. Con: There would be one more local government authority to manage a program that requires a City Council appointee. The West Valley communities recommend creating a JPA because the newly created entity would have significant connections with solid waste issues. For this reason, staffs recommend that the committee members of both Authorities should be the same appointees from the communities to facilitate coordination and allow combined, coordinated meetings, as appropriate. The recommended organizational structure of the WVCWPA includes a Board of Directors comprised of elected officials from the West Valley Communities. As part of this structure, the Public Works Directors of each agency will act as technical advisory to the Board. Staff recommends that a member, and alternate, of the City Council be designated at this time to represent the City of Saratoga on the Board. Note that the voting rules allows a majority vote of the Board members present. Decisions can be made by a 2-1 vote if only 3 members are present. In addition, the JPA provides the Board broad discretion in the process used to set budgets and allocate costs among the JPA’s member cities. Included in the attachments is a copy of the JPA. The West Valley Communities recommend forming the clean water JPA and allowing the JPA members the opportunity to establish its own rules and procedures in these regards once it is formally formed, to the extent that they are consistent with State laws governing the operations of a JPA. ATTACHMENTS: Attachment A- Resolution authorizing the City Manager to execute an agreement forming the West Valley Clean Water Program Authority Attachment B -Resolution appointing a representative and alternate to the Board of Directors of the Authority Attachment C- JPA- West Valley Clean Water Program Authority 70 1 of 1 Resolution 2018 -February 7, 2018 RESOLUTION 2018- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT POWERS AGREEMENT FORMING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY WHEREAS,in September 1994, the Cities of Campbell, Monte Sereno, Saratoga and the Town of Los Gatos 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,the Cities of Campbell, Monte Sereno, Saratoga and the Town of Los Gatos wish to form a joint powers authority to carry out the functions of the West Valley Clean Water Program as further described in the Joint Powers Agreement attached to this resolution. NOW, THEREFORE, BE IT RESOLVED: that the City Council of the City of Saratoga hereby authorizes the City Manager to execute the attached Joint Powers Agreement Creating the West Valley Clean Water Program Authority. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Saratoga, California, held on the 7th day of February 2018, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mary-Lynne Bernald, Mayor ATTEST: DATE: Nora Pimentel, City Clerk Attachment Joint Powers Agreement Creating The West Valley Clean Water Program Authority 968153.1 71 RESOLUTION 18-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CITY COUNCIL ASSIGNMENTS FOR CALENDAR YEAR 2018 WHEREAS, representatives from the City Council serve on various agencies and committees; and WHEREAS, the responsibility for representing the City Council should be shared by all members; and WHEREAS, the City Council annually reviews agency and committee assignments to update and reassign members as needed; and WHEREAS, the City Council established City Council Assignments for 2018 via Resolution 17- 068, but with the formation of the new West Valley Clean Water Program Authority there is a need to assign a member and an alternate; and WHEREAS, this resolution amends the City Council Assignments as follows: Assignment Council Member Alternate West Valley Clean Water Program Authority Bernald Lo NOW, THEREFORE,be it resolved that the City Council does hereby approve the amended City Council assignments, attached to this resolution; and members of the Council hereby agree to their appointments through December 2018 or until amended. Attachments: Exhibit A – Amended 2018 City Council Assignments The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga City Council held on the 7 th day of February 2018 by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Mary-Lynne Bernald, Mayor ATTEST: DATE: Nora Pimentel, City Clerk 72 2018 SARATOGA CITY COUNCIL ASSIGNMENTS Adopted via Resolution No. 17-068 Agency Assignments -Voting Council Member Alternate Association of Bay Area Governments Kumar Lo Cities Association of Santa Clara County Board of Directors Cappello Bernald Cities Association of Santa Clara County –Legislative Action Committee Bernald Cappello Cities Association of Santa Clara County –City Selection Committee Bernald Cappello Hakone Foundation Board Bernald N/A Hakone Foundation Board & Executive Committee Lo N/A KSAR Community Access TV Board Lo Bernald County of Santa Clara Comprehensive County Expressway Planning Study Policy Advisory Board Kumar N/A Santa Clara County Housing and Community Development (HCDAC) Advisory Committee Cappello Bernald Santa Clara County Library Joint Powers Authority Board Lo Kumar Santa Clara Valley Water Commission Kumar Miller Saratoga Area Senior Coordinating Council (SASCC)Cappello Bernald Silicon Valley Clean Energy Authority Board of Directors Miller Lo South Flow Arrivals Ad Hoc Committee Bernald Miller Valley Transportation Authority (VTA) Policy Advisory Committee Miller Kumar VTA State Route 85 Corridor Policy Advisory Board Miller Bernald West Valley Clean Water Program Authority Bernald Lo West Valley Mayors and Managers Association Bernald Cappello West Valley Sanitation District Cappello Bernald West Valley Solid Waste Management Joint Powers Authority Bernald Lo Liaison Assignments -Non-Voting Council Member Alternate America in Bloom Committee Miller Any Member Available Saratoga Chamber of Commerce Board & Destination Saratoga Kumar Lo Saratoga Historical Foundation Bernald Cappello Saratoga Ministerial Association Miller Any Member Available Saratoga Sister City Organization Miller Bernald Council Committee Assignments Council Member 2nd Council Member Council Finance Committee Miller Lo Public Art Committee Lo Bernald 73 WVCWP JPA – February 2018 1 JOINT POWERS AGREEMENT CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY This JOINT POWERS AGREEMENT CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY (the “Agreement”) is made and entered into this _____ day of ____________, 2018, by and between 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, the Member Agencies desire to create the West Valley Clean Water Program Authority (“Authority”) on behalf of its member agencies; and WHEREAS, the Member Agencies desire to create a new public entity to administer the provisions of this Agreement, the purpose of which is 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. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, it is agreed by and among the Member Agencies hereto as follows: 74 WVCWP JPA – February 2018 2 1. Creation of Authority (a) The West Valley Clean Water Program Authority is hereby created as a joint powers agency pursuant to the provisions of the Government Code of the State of California relating to the joint exercise of powers common to public agencies. (Gov. Code § 6500, et seq.). The Authority is a public entity separate from its Member Agencies. (b) Upon the Effective Date of this Agreement, a Notice of 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. 2. Purpose (a) This Agreement provides for the creation of a public entity separate and apart from the Member Agencies to this Agreement to administer this Agreement, the purpose of which is 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 NPDES permits and improving surface water quality and enhancing water supplies in California. (b) The Authority’s functions shall include, but not be limited to: a. Preparing, adopting, revising, amending, administering, enforcing, and implementing the West Valley Clean Water Program that supports compliance with Member Agencies’ stormwater NPDES permit requirements; b. Advising the Member Agencies on issues related to urban and rural stormwater abatement, control and management; c. Advocating the interests of the Member Agencies related to urban and rural stormwater abatement, control and management issues with local, state and federal officials; d. Improving the quality of receiving waters through the reduction of stormwater pollution sources in urban and rural watersheds; e. Improving the conveyance of stormwater through stormwater systems to reduce flooding and stream bank erosion, and improve water quality; f. Providing technical research for the development of source and treatment controls in support of complying with Construction, Industrial, and Municipal separate storm sewer system (“MS4”) NPDES Permits; g. Assessing ambient and stormwater monitoring data and improving the understanding of the most critical pollutants in local receiving waters and the South San Francisco Bay; h. Improving public education and information regarding surface and stormwater quality through the development and distribution of 75 WVCWP JPA – February 2018 3 information regarding stormwater pollution control, sources and pathways; i.Providing technical guidance, including handbooks, manuals, and training programs that support efforts to comply with stormwater NPDES permits, as well as improve stormwater quality professionals’ ability to advance the effectiveness of stormwater programs; j.All ancillary activities related to the functions contained herein. 3. Powers of Authority The Authority is hereby authorized, in its own name, to do all acts necessary for the exercise of its authority to accomplish the purpose as set forth herein including, but not limited to, any or all of the following: (a) To review the West Valley Clean Water Program, budget and staffing; and recommend revisions or amendments thereto; (b) To make and enter into contracts and to issue Requests for Proposals necessary to further the purposes of the Authority; (c) To prepare reports and other documents for the purpose of applying for and accepting grants, advances, and contributions; (d) To employ or contract for services of agents, employees, consultants and other such persons or entities through an adopted procurement policy directly or indirectly related to its purposes; (e) To receive contributions and donations of property, funds, services, and other forms of assistance from any source, including Member Agencies; (f) To sue and be sued in its own name; (g) To incur debts, liabilities, or obligations, subject to limitations herein set forth; (h) To conduct scientific and technical studies; (i) To assess and collect, subject to Section 8, from both Initial Members and future agency members, fees for membership in the Authority, so as to provide moneys for the financing of its activities, operations, and expansion which are not adequately funded by the revenues collected for services provided by the Authority; (j) To issue bonds, subject to the provisions and limitations of the laws of the State of California; 76 WVCWP JPA – February 2018 4 (k) To collect real property assessments, fees, and charges for stormwater program implementation, subject to the provisions and limitations of the laws of the State of California; (l) To adopt annually, by July 1 of each fiscal year, a budget setting forth all administrative, operational and capital expenses for the Authority, together with the apportionment of such expenses by levy against each Member Agency to the extent necessary, subject to Section 9, and (m)To adopt, as authorized by law, any ordinances or resolutions necessary to carry out the purposes of this Agreement. 4. Use of Public Funds and Property The Authority shall be empowered to use for its purposes, public funds, property and other resources received from the Member Agencies and from other sources. Where applicable, the Authority’s Board of Directors may permit one or more of the Member Agencies to provide in-kind services, including the use of property and services. 5. Term, Termination, Addition or Withdrawal of Member Agencies, Disposition of Assets (a) The Authority shall be formed and come into existence on the Effective Date and shall continue in existence unless terminated by the governing body of each of the Member Agencies then a party to this Agreement or at any point in time at which there ceases to be at least two Member Agencies to this Agreement, at which point in time this Agreement shall be automatically terminated; provided however, that the Authority and this Agreement shall continue to exist for the purpose of disposing of liabilities, distributing funds, property and/or other assets (such funds, property and/or other assets, collectively, the “Authority Assets”), and all other functions necessary to conclude the business of the Authority. (b) Any public agency as defined in California Government Code section 6500 that is directly or indirectly authorized to implement measures that would regulate stormwater quality may seek to become a party to this Agreement upon authorization by its governing body, amendment to this Agreement in accordance with Section 17 below, and execution of this Agreement by the public agency. (c) Any Member Agency, upon written notice given by January 1 of any year to the Chairperson of the Board of Directors, and to all other Member Agencies, may withdraw from the Authority effective no earlier than July 1 of that year; provided, however, that the withdrawal of such Member Agency shall not terminate such Member Agency’s responsibility under any obligation of such 77 WVCWP JPA – February 2018 5 Member Agency, or the Authority, or any action taken in connection therewith, provided that the withdrawing agency may pay to the Authority on the effective date of withdrawal, all money owing to the Authority, and as to those capital expenditures that the withdrawing agency has agreed to participate in by contract or otherwise, its share of such capital expenditures. Such financial obligations of such withdrawing agency may be assumed by another entity upon a two-thirds (2/3) vote of the Board, absent the participation of the representative of the withdrawing agency. The withdrawing agency shall continue to be liable for its share of Authority obligations, including, but not limited to, operations costs and the General Budget, until the effective date of its withdrawal. (d) Upon termination of this Agreement, after the payment and fulfillment of all obligations of the Authority, any Authority Assets remaining shall be distributed to the Member Agencies in proportion to the contribution made by the Member Agencies toward the funding of the Authority. The Authority shall cease to exist when the Authority Assets have been distributed according to the provisions contained in this Section, this Agreement generally, and the Joint Exercise of Powers Act (Gov. Code §6500 et seq.). 6. Governance (a) Board of Directors: The Authority shall be governed by a Board of Directors, which shall consist of one director who shall be an elected member of such agency’s governing body appointed by the governing body of each Member Agency. A Member Agency may change its director from time-to-time by notifying the other Member Agencies in writing. (b) Alternates: An alternate may be designated by a director to act in place of that director during his or her absence. Such designation shall be in writing by the designating director and shall be delivered to the other Member Agencies. (c) Board Powers: The Board shall perform all acts necessary or proper to carry out the purposes of this Agreement and to execute the General and Specific Powers of the Authority, which acts include, but are not limited to, the following: i)Conduct Board meetings pursuant to a schedule adopted by the Board; ii)Consider, modify and approve the Authority’s annual work program and budget, including the activities and budget for the West Valley Clean Water Program; iii)Levy, fix, set and/or impose fees, assessments and charges to the extent permitted by law and by this Agreement; iv)Authorize, review and accept reports and studies; 78 WVCWP JPA – February 2018 6 v)Review, recommend, approve and/or regulate fees and rates for services provided by the Authority or over which the Authority has regulatory power through contract or otherwise; vi)Recommend action to Member Agencies and other public bodies on matter of interest to the Authority: vii)Accept agencies as subsequent Member Agencies to the Agreement and members of the Authority, and their representatives as Board members; viii)Authorize the hiring and/or engagement of Authority staff; ix)The Board may, from time to time, declare one of the Member Agencies as the lead agency for specific purposes as may be set forth by the Board or for the general purpose of staffing the Authority and carrying out the Authorities functions. At the time said Member Agency is appointed as a lead agency, the Board shall determine whether the member is to bear the costs of such lead agency activity or be reimbursed therefor. The Authority, in any event, shall reimburse agency members for personnel costs associated with the staffing of the Authority with Member Agency personnel; x)Establish committees to carry out Authority purposes, and appoint committee members from the Authority Board, the legislative bodies or administration of Member Agencies, Authority staff, and/or staff of the Member Agencies. The Authority shall reimburse agency members for personnel costs associated with the staffing of committees with Member Agency personnel; xi)Delegate duties to Authority or Board staff and/or members, appointed committees and committee members, and the City/Town Councils and/or staff. (d) Authority Bylaws: Within Six Months after the Effective Date, the Board shall consider and adopt Bylaws for the Authority. (e) Vote Required: All actions of the Board may be undertaken by a majority vote of the Board members present, provided a quorum exists, except for such Board actions requiring a two-thirds (2/3) vote as may otherwise be set forth herein. Each Board member shall have one vote. (f) Board Rules: The Board is empowered to establish its own Rules and Procedures to the extent those rules are not inconsistent with the laws of the State of California governing the operations of this Authority. 79 WVCWP JPA – February 2018 7 (g) Meetings of the Board: i)Regular Meetings: The Board shall hold scheduled public meetings at a location selected by the Board. ii)Special Meetings: Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. iii)Notice of Meetings: All meetings of the Board shall be held subject to the current provisions of the Ralph M. Brown Act, being Sections 54950 et seq. of the California Government Code, and other applicable laws of the State of California requiring public meetings. (h) Minutes: The Board Chairperson shall cause minutes of all meetings to be kept and shall, as soon as possible after such meeting, cause a copy of the minutes to be forwarded to each member of the Board. (i) Staffing: Each of the Member Agencies shall use its best efforts to provide staff to the Authority as may be necessary initially for the Authority to execute its powers and duties and as may be required by the Board thereafter. Staff may be drawn from Member Agencies with the consent of the affected Member Agency. Additionally, the Authority may contract with or employ entities and/or individuals not associated with Member Agency staff, as permitted by Section 3. (j) Officers and Staff: The officers and staff of the Authority are the Chair, Vice- Chair, Secretary, Treasurer and Executive Director. (i)Officers: The Board shall, at its first meeting and thereafter at its first meeting following January 1 of each succeeding year, elect a Chair and Vice-Chair from among the Directors. The Vice-Chair shall assume the responsibilities of the Chair in the absence the Chair. The Chairperson shall preside over all meetings according to the Rules and Procedures adopted by the Board. The Board Chairperson shall represent the Authority and execute any contracts and other documents when required by the Rules and Procedures. (ii)Executive Director: There may be an Executive Director appointed who will serve as the chief executive officer of the Authority. He or she will be responsible to the Board for the management and administration of all Authority affairs pursuant to the Boards direction. Until such time as the Board may determine to appoint an Executive Director who is not a staff member of a Member Agency, and for such other times as there is no Executive Director serving, the Board 80 WVCWP JPA – February 2018 8 may appoint an interim Executive Director, who shall have such powers and duties as are set forth in this section. An interim Executive Director shall be the chief administrative officer of one of the Member Agencies, or such other agency staff member as the Board deems appropriate. (iii)Treasurer: There shall be a Treasurer to be the custodian of all Authority funds, to pay demands and to make or contract for an annual audit. Such Treasurer shall be the Treasurer of one of the Member Agencies, a Certified Public Accountant or one of the Authorities officers or employees as set forth in California Government Code Sections 6505.5 and 6505.6. The Board shall designate a qualified person to act as the Treasurer of the Authority. The person holding the position of Treasurer of the Authority shall have charge of the depositing and custody of all funds held by the Authority. The Treasurer shall perform such other duties as may be imposed by provisions of applicable law, including those duties described in Government Code section 6505.5, and that may be prescribed by the Board or the Bylaws. In the event that the person designated by the Board is not a Director, the person serving as Treasurer may be reasonably compensated for performing such work. In the event that the person designated by the Board to perform such services is an employee of a Member Agency, the governing body of that Member Agency shall determine the reasonable charges to be made against the Authority for the services of Treasurer. (iv)Secretary: There shall be a Secretary appointed by the Executive Director who shall be responsible for the noticing of meetings and recording of minutes of meetings as required by the Brown Act and the Rules and Procedures, in addition to such other duties as the Executive Director may assign. 7. Application of Laws to Authority Functions The Authority shall comply with all applicable laws in the conduct of its affairs, including but not limited to the Joint Exercise of Powers Act (Gov. Code §6500 et seq.); Ralph M. Brown Act (Gov. Code § 54950, et seq.), and conflict of interest laws/regulations (such as Gov. Code § 1090, et seq. the requirements of the California Political Reform Act, Gov. Code § 87100, et seq., and the regulations of the Fair Political Practices Commission concerning disclosure and disqualification, 2 California Code of Regulations § 18700, et seq.), as amended. 8. Apportionment of Expenses It is the intention of the Authority to collect revenues to cover the costs of Authority 81 WVCWP JPA – February 2018 9 operations. To the extent that operating expenses exceed revenues during any period, including the initial start-up period of the Authority, the Member Agencies shall be responsible for providing the requisite funds to the Authority to ensure that such expenses are met in the proportion that the total population of the jurisdiction of each agency bears to the total population of all members of the Authority. Each Member Agency’s contribution to such expenses is dependent upon such Member Agency’s governing body’s yearly approval of such contribution, provided, however, that if such Member Agency’s governing body does not approve such contribution, such Member Agency may be expelled by a majority vote of the other Member Agencies. It is the intent of this Agreement that monies and fees advanced to the Authority by individual Member Agencies to cover Authority costs of operation, including costs of establishing the Authority, are to be reimbursed to said Member Agencies. Such reimbursement shall be authorized to the extent that it does not impair necessary working capital or the ability of the Authority to repay any bond or other debt obligations. Any and all debts, liabilities, and obligations incurred by or imposed upon the Authority shall be the debts, liabilities, and obligations solely of the Authority, rather than the debts, liabilities and obligations of the individual Member Agencies. For agencies joining the Authority after the effective date of this Agreement, the Board shall determine such agencies' proportionate financial contribution, which is due upon joining the Authority. 9. Accounting (a) The Board shall establish and maintain such funds and accounts as may be required by Generally Accepted Accounting Principles and by Federal and State statute and regulation, as applicable. (b) The Authority shall comply with the accounting and auditing requirements contained in California Government Code sections 6505-6505.6. (c) Each and every expenditure of monies shall be authorized by the Board or by a person designated by the Board to authorize expenditures. The Treasure shall draw warrants to pay the demands so authorized by the Board. (d) Before the Authority may expend any monies or incur any financial obligation, it shall adopt a budget showing proposed expenditures for the Fiscal Year and the proposed means of financing such expenditures. (e) The Board will appoint one of its officers to serve as auditor of the Authority. The auditor shall comply with the duties and responsibilities of the office as set forth in subdivisions (a) to (d), inclusive, of California Government Code section 6505.5. 82 WVCWP JPA – February 2018 10 10. Fiscal Year For the purposes of this Agreement, the term “Fiscal Year” shall mean the fiscal year as established from time to time by the Authority, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year, which shall be the period from the date of this Agreement to June 30, 2018. 11. Legal Counsel The Board shall retain independent legal counsel for the Authority, who shall be procured consistent with all applicable procurement laws. 12. Privileges and Immunities All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, all pension, relief, disability, workers’ compensation, and other benefits that may apply to the activities of officers, agents or employees of public agencies when performing their respective functions within their respective territorial limits, shall apply to them to the same degree and extent while engaged as Member Agencies of the Authority or otherwise as an officer, agent, Director, or other representative of the Authority or while engaged in the performance of any of their functions or duties extraterritorially under the provisions of this Agreement. 13. Liability (a) The debts, liabilities, and obligations of the Authority shall be the debts, liabilities, or obligations of the Authority alone, and not any of the Member Agencies of this Agreement. (b) The Authority, and those persons, agencies and instrumentalities used by it to perform the functions authorized herein, whether by contract, employment or otherwise, shall be exclusively liable for any/all injuries, costs, claims, liabilities, damages of whatever kind to any person arising from or related to activities of the Authority. (c) The Authority shall hold harmless and indemnify Member Agencies, and each of them, including their officers and employees, from any claim or liability arising from acts or omissions of the Authority in pursuit of this Agreement, and in so doing, shall provide Member Agencies, and each of them, with legal defense of any and all claims or liabilities and shall pay reasonable attorney’s fees and costs incurred in providing such defense. 83 WVCWP JPA – February 2018 11 (d) Funds of the Authority may be used to defend, indemnify, and hold harmless the Authority, each Member Agency, and any officers, agents, and employees for their actions taken within the scope of their duties while acting on behalf of the Authority. (e) Each Member Agency and its respective officers, directors and employees shall be named as additional insured to the same extent and degree that the Authority and its officers, directors and employees are named as additional insureds with respect to any insurance as required by the Authority pursuant to the terms of any contract or franchise agreement entered into by any other party with the Authority. 15. Entire Agreement It is understood and agreed that the entire Agreement between the Member Agencies is contained herein and that this Agreement supersedes all oral agreements and negotiations between the Member Agencies relating to the subject matter hereof. All items and exhibits referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. 16. Severability Should any part, term, or provision of this Agreement be decided by the courts to be illegal or in conflict with any law of the State of California or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 17. Amendment This Agreement may be modified at any time by written amendment executed by all of the Member Agencies. Any amendment shall become effective upon the execution of the amendment by each Member Agency, unless specified otherwise. 18. 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. 19. Successors This Agreement shall be binding upon and shall inure to the benefit of the successors of the Member Agencies hereto. Except to the extent expressly provided herein, no Member Agency may assign any right or obligation hereunder without the consent of the other Member Agencies. 84 WVCWP JPA – February 2018 12 20. 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. 21. Headings The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section to which referred. 22. Consent; Choice of Law; Venue Wherever in this agreement any consent or approval is required, the same shall not be unreasonably withheld. This Agreement is made in the State of California, under the Constitution and laws of such state and is to be so construed. Venue for litigation by and among any of the Member Agencies related to this Agreement shall be in the Santa Clara County Superior Court. IN WITNESS THEREOF, the Member Agencies have executed this Agreement on the dates hereafter set forth. CITY OF CAMPBELL __________________________ City Manager Dated:_____________________ ATTESTED: _____________________________ City Clerk Approved as to Form: _____________________________ City Attorney 85 WVCWP JPA – February 2018 13 TOWN OF LOS GATOS __________________________ Town Manager Dated:_____________________ ATTESTED: _____________________________ Town Clerk Approved as to Form: _____________________________ Town Attorney CITY OF MONTE SERENO __________________________ City Manager Dated:_____________________ ATTESTED: _____________________________ City Clerk Approved as to Form: _____________________________86 WVCWP JPA – February 2018 14 City Attorney CITY OF SARATOGA __________________________ City Manager Dated:_____________________ ATTESTED: _____________________________ City Clerk Approved as to Form: _____________________________ City Attorney 960799.2 87