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
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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:
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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
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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;
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(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
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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;
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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.
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(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
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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
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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.
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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.
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(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.
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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
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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
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City Attorney
CITY OF SARATOGA
__________________________
City Manager
Dated:_____________________
ATTESTED:
_____________________________
City Clerk
Approved as to Form:
_____________________________
City Attorney
960799.2
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