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2019-028 - Authorize the WVCW Program Authority to collect storm water fee on behal of the Town to continue the clean water programRESOLUTION 2019 -028 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE WEST VALLEY CLEAN WATER PROGRAM AUTHORITY TO COLLECT THE STORM WATER FEE ON BEHALF OF THE TOWN OF LOS GATOS TO CONTINUE THE CLEAN WATER PROGRAM WHEREAS, in 1992, the Town of Los Gatos (the "Town ") entered into an agreement with the West Valley Sanitation District (the "District ") to manage the storm water program for the Town known as the Clean Water Program; and WHEREAS, this agreement provided a procedure for the District, as the agent of the Town, to set and implement a fee to be used to fund the Clean Water Program for the Town; and WHEREAS, the District and the Town followed the procedures in the agreement and set such a fee; and WHEREAS, the fee has been collected since the 1994 -95 fiscal year without modification or increase: and WHEREAS, the District has provided notice of its intended withdrawal from the Clean Water Program in July 2020; and WHEREAS, in response to the District's withdrawal, on April 2018, the Town, along with the cities of Campbell, Saratoga and Monte Sereno (collectively referred to as the "Cities'), formed the West Valley Clean Water Program Authority, a California Joint Powers Authority (the "JPA "), to take over the management of the Clean Water Program; and WHEREAS, in the Joint Powers Agreement adopted by the Cities to form the JPA, the Cities gave the JPA the power to collect fees and charges to support the Clean Water Program; and WHEREAS, the continued collection of the Town's fee is essential to the continuation of the Clean Water Program; and WHEREAS, the Town desires to have the JPA collect the fee. 1of2 Resolution 2019 -028 May 7, 2019 NOW, THEREFORE, BE IT RESOLVED: by the Town Council of the Town of Los Gatos that: 1. The Town hereby ratifies the amount of the fee that has been collected since the 1994 -95 fiscal year and asks the JPA to take over the collection of the fee without increase or modification of the fee. 2. The Town Manager or his designee is hereby directed to work with the JPA to transfer to the JPA the collection duties for the fee. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 7th day of May 2019 by the following vote: COUNCIL MEMBERS: AYES: Marcia Jensen, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Steven Leonardis NAYS: None. ABSENT: None. ABSTAIN: None. SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALI ORNIA DATE: ATTEST TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: 5 2of2 Resolution 2019 -028 May 7, 2019