CC Resolution 13235 - Approval and Authorization to Execute Amendment to West Valley Clean Water Program Authority's JPA Name Change to West Valley Stormwater Authority RESOLUTION NO. 13235
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL APPROVING
AN AMENDMENT TO THE JOINT POWERS AGREEMENT CREATING THE WEST
VALLEY CLEAN WATER PROGRAM AUTHORITY TO CHANGE THE AUTHORITY'S
NAME FROM "WEST VALLEY CLEAN WATER PROGRAM AUTHORITY" TO "WEST
VALLEY STORMWATER AUTHORITY," AND AUTHORIZING THE CITY MANAGER TO
EXECUTE THE AMENDMENT ON BEHALF OF THE CITY OF CAMPBELL, AND AS
SPECIFIED IN CAMPBELL MUNICIPAL CODE SECTION 3.20.100.
WHEREAS, in September 1994, the cities of Campbell, Saratoga, Monte Sereno, and the
Town of Los Gatos (collectively referred to as the 'Member Agencies') entered into a
Cooperative Agreement to coordinate stormwater pollution control efforts in what was
previously known as the West Valley Clean Water Program; and
WHEREAS, in 2018, the Member Agencies established the West Valley Clean Water
Program Authority (the 'Authority'), a new public entity, to facilitate these collaborative
stormwater management efforts and provide support for each agency's water quality
objectives and compliance with the municipal stormwater permit; and
WHEREAS, as a public entity, the Authority operates under the terms and conditions of a
Joint Powers Agreement (JPA), with amendments subject to review and approval by the
Member Agencies prior to implementation; and
WHEREAS, over the past year, the Authority has conducted polling and focus groups with
residents from the Member Agencies to assess their awareness of the State's stormwater
requirements and understanding of the Authority's role in ensuring compliance; and
WHEREAS, these outreach efforts revealed that many residents mistakenly identify the
Authority as a water provider or utility company rather than a public entity that oversees
stormwater management compliance and pollution prevention practices; and
WHEREAS, to improve the public's understanding and awareness of the Authority's roles
and responsibilities, the Board has proposed renaming the Authority from "West Valley
Clean Water Program Authority" to "West Valley Stormwater Authority"; and
WHEREAS, during their November 7, 2024, meeting, the Authority Board approved an
amendment to the JPA to implement the proposed name change and authorized the
Executive Director to take all necessary steps to facilitate that process, pending approval
by the Member Agencies; and
WHEREAS, Member Agencies were directed to review and consider the proposed
amendment before the end of the year, and if approved, grant authorization for a
designated official to execute it on their agency's behalf; and
WHEREAS, approving and authorizing the execution of the amendment to the JPA for
renaming the Authority will have no fiscal impact on the City,with any rebranding expenses
resulting from the name change to be covered by the JPA; and
WHEREAS, staff is recommending that the City Council approve an amendment to the
Joint Powers Agreement authorizing the West Valley Clean Water Program Authority to
change the Authority's name from "West Valley Clean Water Program Authority" to "West
Valley Stormwater Authority," and authorize the City Manager to execute the amendment
on behalf of the City of Campbell, and as specified in Campbell Municipal Code Section
3.20.100.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Campbell
hereby approves the amendment to the Joint Powers Agreement authorizing the West
Valley Clean Water Program Authority to change the Authority's name from "West Valley
Clean Water Program Authority"to"West Valley Stormwater Authority," and authorizes the
City Manager to execute the amendment on behalf of the City of Campbell, and as
specified in Campbell Municipal Code Section 3.20.100.
PASSED AND ADOPTED this 3rd day of December, 2024, by the following roll call vote:
AYES: Councilmembers: Bybee, Furtado, Scozzola, Lopez, Landry
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
atLain H .
Susan M. Landry, Mayor
ATTEST:
44401 L4
Andrea Sand5., City Clerk
AMENDMENT TO JOINT POWERS AGREEMENT
CREATING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY
This AMENDMENT TO JOINT POWERS AGREEMENT CREATING THE WEST
VALLEY CLEAN WATER PROGRAM AUTHORITY (the "Amendment") is made and
entered into this 2-ZJ`day of`�<(.e e•->ibt r-, 2024, by and between the West Valley
Clean Water Program Authority, a California Joint Powers Authority (the "Authority"),
and the City of Campbell, the City of Monte Sereno, the City of Saratoga and the Town
of Los Gatos, municipal corporations of the State of California, hereinafter "Member •
Agencies" (collectively) or "Member Agency" (individually).
RECITALS
WHEREAS, each of the Member Agencies to the Agreement is a public agency as
defined in California Government Code section 6500; and
WHEREAS, each of the Member Agencies is either directly or indirectly authorized to
implement measures that would regulate, improve, treat, manage, and convey
stormwater and its quantity and quality; and
WHEREAS, in September 1994, the Member Agencies were among the members of a
Cooperative Agreement for stormwater pollution control coordination; and
WHEREAS, the coordinated stormwater pollution abatement, control and management
effort of the Member Agencies is now commonly known as the West Valley Clean Water
Program; and
WHEREAS, the West Valley Clean Water Program has been a successful and cost-
effective means of collaboratively addressing federal and state stormwater requirements
and regulations within the Member Agencies; and
WHEREAS, in 2018, the Member Agencies created the West Valley Clean Water
Program Authority ("Authority") on behalf of its member agencies to create a new public
entity to coordinate stormwater pollution abatement, control and management efforts;
and other activities to develop tools and information to assist public and private entities
in complying with stormwater National Pollutant Discharge Elimination System
("NPDES") permits and improving surface water quality and enhancing water supplies in
California; and
WHEREAS, when recently conducting public outreach, it was determined that the
communities of the Member Agencies often confuse the role of the Authority as water
provider rather than an agency that manages stormwater in the Member Agencies; and
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WHEREAS, in order to correct that misunderstanding and create greater awareness of
the Authority and its responsibilities, the Member Agencies and the Authority desire to
change the name of the Authority.
NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions
hereinafter set forth, it is agreed by and among the Member Agencies and the Authority
hereto as follows:
AGREEMENT
1. Name of the Authority
(a) As of the Effective Date of this Amendment, the West Valley Clean Water
Program Authority will hereby by known as the West Valley Stormwater
Authority.
(b) Upon the Effective Date of this Amendment, An Amendment of A Joint Powers
Agreement shall be filed with the California Secretary of State in accordance with
Government Code section 6503.5. The Authority shall comply with all other
formation requirements provided under California law.
(c) Upon the Effective Date, any obligations, responsibilities or duties of the West
Valley Clean Water Program Authority through contract or otherwise shall be the
obligations, responsibilities or duties of the West Valley Stormwater Authority.
2. Conflict
Except as expressly provided in this Amendment, all terms of the Agreement shall
remain in full force and effect. To the extent there is a conflict between the terms of the
Amendment and the Agreement, the terms of the Amendment shall control.
3. Effective Date
The effective date ("Effective Date") of this Agreement shall be the first day of the first
month following the execution of this Agreement by the Member Agencies.
4. Counterparts
This Agreement may be executed in several counterparts, each of which shall be an
original and all of which shall constitute but one and the same instrument.
IN WITNESS THEREOF, the Member Agencies and the Authority have executed
this Agreement oh the dates hereafter set forth.
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CITY OF CAMPBELL
City Manager
Dated: iZ-1( 2-/mil
ATTESTED;
(X-Adan am de
City Clerk
Approved as to Form:
City Attorney
TOWN OF LOS GATOS
Town Manage
Dated: 12 1 60 Z0 atit
ATTESTED:
-44,4:
1.4
Town erk
Approved as to Form:
iti
Town Attorney
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CITY OF MONTE SERENO
City Manager
Dated: \
ATTESTED: .
7414414c16 -11.
, ity Clerk
Approved as to Form:
'CZ= c)PL—C-A
City Attorney
CITY OF SARATOGA
City
Manag9r7
Dated:
ATTESTED:
City
-
City Clerk
Approved as to Form:
City Attorney
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