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Item 12 Staff Report Adopt Resolution to Authorize Budget Increase of $10,000 for Salaries (2224-51100), and $3,000 for Benefits (2224-52000) From Existing Fund Balance of $51,100COUNCIL AGENDA REPORT DATE: March 10, 1998 TO: MAYOR AND TOWN COUNCIL FROM: TOWN MANAGER SUBJECT: MEETING DATE: 3/16/98 ITEM NO. / o ADOPT RESOLUTION TO AUTHORIZE BUDGET INCREASE OF $10,000 FOR SALARIES (2224-51100), AND $3,000 FOR BENEFITS (2224-52000) FROM EXISTING FUND BALANCE OF $51,100 RECOMMENDATION: Adopt resolution to authorize budget increase of $10,000 for salaries (2224-51100), and $3,000 for benefits (2224- 52000) from existing fund balance of $51,100. BACKGROUND: In April of 1992, the Town of Los Gatos, Cities of Campbell, and Monte Sereno entered into an agreement with West Valley Sanitation District (WVSD) to assess and provide services related to the Non Point Source Pollution Prevention Program. WVSD receives storm water fees which are collected by the Santa Clara County Tax Assessor. The amount of the fee is based on type of use (i.e. commercial, office, residential, etc.) and the size of the parcel. Funds are distributed twice a year in relation to the property tax cycle. The Town receives its funding share usually in the first and third quarters of the calendar year. DISCUSSION: June 16, 1997, Council adopted the 1997/98 operating budget which included Non Point Source funding. The overall program objective was enacted to comply with the 1990 Federal Clean Water Act, and to fulfill obligations under the National Pollutant Discharge Elimination System permit issued by the California Regional Quality Control Board. The Storm Sewer Maintenance Program is to systematically inspect, clean and monitor storm drainage facilities. After the adoption of the budget, the National Weather Service predicted above average rain fall for Northern and Southern California due to the phenomenon known as El Nino. While El Nino can be either wet or dry the modeling suggested this winter would be a very wet year. In preparation for winter storms the Parks, Forestry, and Maintenance Services Department performed a comprehensive program inspecting and cleaning storm drain inlets, catch basins, and drainage channels. The effort we made produced very good results. The Town's rather old system performed very well minimizing flooding and saving property. Under the current agreement, revenues raised by payment of storm sewer charges shall be used specifically for maintenance or repair of the Town's storm sewer system, and to reimburse the Town for performance of its services. Transfer of prior year fund balances to offset salaries/benefits is permitted if ongoing expenditures exceed budget estimates. PREPARED BY SCOTT R. BAKER Director of Parks, Forestry, Maintenance, Building, and Engineering Services Reviewed by: Attorney nance Revised:3/10/98 7:19 am Reformatted: 10/23/95 N:\PFM\CNCLRPTS\N PS. PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: AUTHORIZE BUDGET INCREASE OF $10.000 FOR SALARIES (2224-51100), AND $3,000 FOR BENEFITS (2224-52000) FROM EXISTING FUND BALANCE OF $51,100 March 10, 1998 ENVIRONMENTAL ASSESSMENTS: Is not a project defined under CEQA, and no further action is required. FISCAL IMPACT: Authorize budget increase of $10,000 for salaries (2224-51100), and $3,000 for benefits (2224-52000) from existing fund balance of $51,100. Attachments: 1. Resolution 2. Agreement Between West Valley Sanitation and the Town of Los Gatos RESOLUTION 1998 - RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO TRANSFER EXISTING NON POINT SOURCE FUND BALANCE WHEREAS, the West Valley Sanitation District (WVSD) receives storm water fees which are collected by the Santa Clara County Tax Assessor; and WHEREAS, fees are based on type of use (ie commercial, office, and residential) and size of parcel; and WHEREAS, the Town receives its funding share in the first and third quarter of the calendar year; and WHEREAS, June 16, 1997 Council adopted the 199798 operating budget which included Non Point Source funding; and WHEREAS, the storm sewer maintenance program is to systematically inspect, clean and monitor storm drainage facilities; and WHEREAS, in preparation for winter storms the Parks, Forestry, and maintenance Services Department performed a comprehensive program inspecting and cleaning storm drain inlets, catch basins, and drainage channel; and WHEREAS, Under the current agreement with WVSD transfer of prior year fund balances to offset salaries/benefits is permitted if ongoing expenditures exceed budget estimates. THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to transfer existing non point source fund balances to offset shortfalls in salaries and benefits. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of March, 1998 by the following vote: ATTACHMENT 1 COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA N:\PFM\CNCLRPTS\RESO.NPS AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND WEST VALLEY SANITATION DISTRICT REGARDING IMPLEMENTATION OF A STORM WATER MANAGEMENT PROGRAM Agreement, made and entered into this / 574-- day 4 1992, by and between the Town of Los Gatos, a mtnicipal corporation of the State of California, hereinafter referred to as "Town", and West Valley Sanitation District of Santa Clara County, a county sanitation district organized and existing pursuant to the Health and Safety Code of the State of California hereinafter referred to as "District," RECITALS WHEREAS, pursuant to the 1987 amendments to the Federal Clean Water Act, the United States Environmental Protection agency has promulgated final regulations requiring cities to obtain a National Pollutant Discharge System (NPDES) permit to discharge storm sewers to receiving waters; and WHEREAS, said final EPA regulations have set forth an extensive and exhaustive course of action in which demands have been placed on cities to properly maintain and monitor their storm sewer systems, and in the future, could contain requirements for significant reconstruction; and [D1/WVSD/T] 1 [A1TACHMENT 2 WHEREAS, Town, along with twelve other cities, the County of Santa Clara, and the Santa Clara Valley Water District, have obtained an NPDES permit on June 20, 1990, which allows and requires Town to regulate and manage its storm sewer system in accordance with requirements developed by the Santa Clara Valley Non -point Source Control and Storm Water Management Program; and WHEREAS, District's boundaries encompass the vast majority of the Town and therefore Town's storm sewer system is entirely within District's boundaries; and WHEREAS, District, among other things, is empowered to construct, maintain, and operate a refuse and industrial waste disposal system in conjunction with its sanitary sewer system; and WHEREAS, Town's storm sewer system conveys all waste water flow which is excluded from sanitary sewers including debris, pollutants, chemicals, offal, leaves and cuttings, trimmings from trees, shrubs and grass, in organic refuse and rubbish and, garbage which accumulate on streets and pavement. Much of said "non -point source pollution" is carried untreated by the Town's storm sewer system to the Southern portion of San Francisco Bay. During some storm events, the resulting wastewater flow in the District's sanitary sewer system and at the Wastewater Pollution Control Plant more than [D1/WVSD/T] 2 doubles, thereby creating a substantial burden on the District's sanitary sewer system; and WHEREAS, therefore Town's storm sewer system and District's sanitary sewer system are integrally related to each other such that District's sanitary sewer system is directly impacted by Town's storm sewer system; and WHEREAS, in order to conserve and protect its sanitary sewer system, as well as to assist Town in maintaining and operating a refuse and industrial waste disposal program through its storm sewer system, District is authorized under law to enter into this agreement; and WHEREAS, Town wishes to designate District as its agent for the performance of various functions required to be performed by Town under the terms of the Clean Water Act, EPA regulations, and the terms and conditions of its NPDES permit; and WHEREAS, the parties wish to clarify their respective rights and responsibilities under the above -described relationship through this agreement, NOW, THEREFORE, for and in consideration of their mutual covenants, promises, and obligations, Town and District do hereby agree as follows: Part I - DEFINITIONS Except where the context otherwise requires, the following definitions of this Section shall govern the [D1/WVSD/T] 3 construction of this agreement: A. Storm Sewer System (sometimes termed "storm sewer") shall mean any pipe, conduit, or sewer of the Town designed or used for the disposal of storm and surface waters and drainage including unpolluted cooling water and unpolluted industrial process water, but excluding any community sanitary sewer system. B. Catch Basins shall mean box -like underground concrete structures with openings in curbs and gutters designed to collect water from streets and pavements. C. Runoff shall mean water from rain, lawn watering, melting snow, or irrigation that flows over the surface of the ground. D. Town Manager shall mean the Town Manager, or designee, of the Town of Los Gatos. E. Manager/Engineer shall mean the Manager/Engineer of West Valley Sanitation District of Santa Clara County. F. Cost shall mean the amount reasonably expended in performing a particular act or operation when categories of cost are mentioned, reference to generally accepted accounting methods uniformly applied by the party claiming the cost is intended. G. Capital Cost shall mean any and all costs and expenses, except those described in Part I, Section H, paragraph 1 below reasonably incurred in connection with the acquisition, construction, and installation of a [D1/WVSD/T] 4 facility, which is part of the storm sewer system, and which adds capacity to the existing system; including, but not limited to: 1) Those related to acquisition, purchase, or lease of land, easements, rights of way or other interests in land. 2) Those related to acquisition, construction, and installation of a facility, or part thereof, including costs of labor, materials, and equipment, amount paid to contractors, engineering costs, cost of preliminary and final reports, designs, plans and specification and legal costs. 3) All other costs reasonably incurred in connection with or incidental to the above. H. Operation and Maintenance Cost shall mean any and all costs and expenses reasonably incurred in the administration, operation, maintenance and repair of any facility in the storm sewer system, including, but not limited to: 1) Items ordinarily recognized as capital items (e.g. interests in land) when reasonably necessary to maintain the capacity of the storm sewer system had when new. 2) Replacement of portions of an existing facility damaged or destroyed as a result of accident or natural disasters. [D1/wVSD/T] 5 3) Damages and settlements paid in the course of, or because of, threatened or actual legal actions, except 1) actions between the parties to this agreement 2) payments which are reimbursed from insurance or other sources 3) payments concerning condemnation or inverse condemnation of a capital cost item 4) liability insurance premiums. I. General Administrative Cost shall mean a portion of the total general expenses of the Town or District which cannot be directly related to operation and maintenance of a particular storm sewer system facility but is expressed as a percentage of the Town's or District's total operational expense. J. Fiscal Year shall mean the period from July 1 through June 30 of the following year. K. Work Plan shall mean a schedule of activities for the proposed fiscal year including specific goals, objectives and milestone dates. The plan shall include a summary of personnel, contractual assistance, if necessary, and materials for each objective. Part II - AGENCY RELATIONSHIP CREATED Appointment of District as Town Agent shall mean District is hereby appointed as Town's agent for purposes of performing certain duties as described hereinafter which duties are those for which Town is obligated to perform under the terms of NPDES permit [D1/WVSD/T] 6 issued to Town on June 20, 1990 as may hereafter be amended. B. Duties of the District The following duties of the District shall be: 1) Plan, implement and enforce delegated responsibilities of a storm water pollution prevention program consisting of: (a) locating and eliminating illicit connections. (b) investigating illegal dumping. (c) administering an industrial permit program, including review of industry storm waste pollution prevention plans, processing industry notices of intent, and reviewing industrial monitoring programs. 2) Plan and implement a public/industry notification and education program on storm water pollution prevention including the marking of storm sewer system catch basins specified by the Town. 3) Inspect, clean and maintain the Town's storm sewer system. 4) Any duties, which are unspecified herein, but which are required to be performed under the terms of the Town NPDES permit. C. Duties Retained by the Town: The following duties are retained by the Town: [D1/WVSD/T] 7 1) Participate in and interpret the requirements of the county -wide non -point source program through the Santa Clara Valley Water District. 2) Implement the household hazardous waste disposal program. 3) Develop a storm water management plan, including preparation of an updated storm sewer master plan, policies, design standards, performance standards, and a computer based system mapping. 4) Schedule, engineer and construct storm sewer system improvements and system rehabilitation. 5) Perform street sweeping and storm flooding relief. 6) Perform incidental storm drain maintenance as determined to be necessary by the Town. D. Indemnity 1) Each party agrees to indemnify, defend, and hold harmless the other party (its officers, agents, and employees) from any claim or demand by reason of any injury to or death of any person or damage to any property which may be made against that party (its officers, against, and employees) caused by, or alleged to have been caused by, any act or omissions, negligent or otherwise, of the other under this agreement. [D1/WVSD/T] 8 2) Notwithstanding the indemnity, described in subparagraph 1) Town hereby agrees to indemnify, defend, and hold harmless the District from any claim or demand by reason of any injury to or death of any person or damage to property which may be made against the District (its officers, agents, or employees) due to flooding caused by, or alleged to have been caused by, the Town's storm sewer system. Notwithstanding this provision, the District shall indemnify Town for any injury, death, or property damage due to flooding proximately caused by the negligence or wilful act of any District employee, agent, or officer. Town, however, retains the obligation to defend, at Town's sole cost, the District from any such claim or demand for injury, death, or damage due to flooding regardless of how said injury death or damage is caused . Town shall keep the District and its insurance carrier informed of the status of any and all claims or demands with respect to any flooding event above described, and District or its insurance carrier retains the right to engage its own legal counsel to defend any action brought against it under the provisions of this paragraph, provided, however, that Town shall reimburse District or its insurance carrier for any legal costs, including reasonable attorney's fees, reasonably [D1/WVSD/T] 9 necessary in defending the District from any claim or demand described in this paragraph. 3) Notwithstanding the indemnity described in subparagraph 1) above, Town agrees to indemnify defend, and hold District (its officers, agents, and employees) harmless from any action brought by any party having standing which contests the validity or legality of this agreement, or that of any ordinance, resolution, minute order, regulation, or administrative ruling made by either the Town or the District which is adopted by that agency to carry out the purposes of this agreement. This indemnity by the Town includes any action brought contesting the validity of any fee or charge imposed by the District to finance the program described in this agreement or its method of collection. Notwithstanding anything to the contrary contained herein, District shall remain responsible, on a pro-rata basis, for any monetary, awards, settlements up to collected by, and judgments, orders for restitution, an amount equal to the total fees allocated to the District, and Town or shall not be responsible for indemnifying District for such awards, judgments, orders for restitution or settlements to the extent of its pro-rata share of the fees collected by and allocated to the District. 4) Notwithstanding the indemnity described in subparagraph 1) above, Town agrees to indemnify, defend [D1/WVSD/T] 10 and hold District harmless from any fines, civil penalties, or other costs imposed by any governmental agency having jurisdiction, resulting from either parties' operation or maintenance of the Town's storm sewer system; provided, however, Town shall not indemnify District against any fines, civil penalties or other costs, which are determined to be due solely to the District's negligence or wilful misconduct. 5) Each party will, at its sole cost and expense, obtain and maintain in full force and effect throughout the entire term of this agreement adequate insurance to cover each party's responsibilities under this agreement. Part III - ADDITIONAL DUTIES OF THE PARTIES A. Additional Duties of the Town 1) Upon execution of this agreement, Town shall forthwith adopt all necessary ordinances, and resolutions to implement its duties under this agreement including ordinances regulating storm discharge requirements, suspension of service, and other enforcement measures regarding improper discharges into the Town's storm sewer system. 2) The Town shall have the sole responsibility of enforcing all laws; ordinances, and regulations regarding the Town's storm sewer system including the controlling of improper discharges into the system. [D1/WVSD/T] 11 3) The Town, as a discharger, shall have the sole responsibility regarding all dealings with the Santa Clara Valley Non -point Source Control and Storm Water Management Program, the California Regional and State Water Quality Control Boards, E.P.A., and all other agencies having jurisdiction with respect the operation and maintenance of the Town's storm sewer system under its NPDES permit. B. Additional Duties of the District 1) Upon execution of this agreement, the District shall forthwith adopt all necessary ordinances, and resolutions to implement its duties under this agreement including an ordinance or resolution adding a storm sewer service charge to the District's schedule of fees and charges. 2) The District shall be responsible for imposing and collecting all fees and charges necessary to fund the operation and maintenance cost and general administrative costs incurred by both parties in operating and maintaining the Town's storm sewer system. Capital costs as defined in this agreement shall be funded solely by the Town through sources other than the District's storm sewer service charge. Part IV - FINANCIAL PROVISIONS A. Annual Submission of Town's Estimate At least, 120 days prior to the beginning of the fiscal year, Town shall submit, in writing, to the [D1/WVSD/T] 12 District its estimate of its maintenance and operation and general administrative costs for the new fiscal year that the Town will incur as a result of the performance of its duties under this agreement. The Town shall be responsible for maintaining sufficient data to justify its costs described herein. B. District's Estimate During that same period, District shall estimate its own operation and maintenance and general administrative costs for the new fiscal year that it will incur as a result of the performance of its duties under this agreement. A work plan supporting these cost estimates shall be submitted to the Town for its review and aproval. The District will be responsible for maintaining sufficient data to justify its costs described herein. C. Establishment of Storm Sewer Service Charge Utilizing the two estimates described above, together with establishing a reasonable reserve, the District Board of Directors shall, after public hearing, establish a storm sewer service charge by resolution. Said resolution shall set forth the specific amount of the fee, describe the specific services to be performed, describe the estimated cost of the services to be performed, describe the reasonable relationship between [D1/WVSD/T] 13 the fee and the service to be performed, and set forth the time of payment and manner of collection. D. Annual Review of the Storm Sewer Charge On an annual basis the Board of Directors shall review the charges to determine whether the amount is reasonably related to the service being provided and whether the reserve fund is still needed. Said charge may, at such meeting, be adjusted up or down. E. Limited Use of Funds The revenues raised by the payment of the storm sewer charge shall not be co -mingled with other District funds but shall be budgeted within a special storm sewer system account to be used solely to perform District work on the Town's storm sewer system or to reimburse the Town for the performance of its services on its storm sewer system. F. Payment to District and Town Upon receipt of the revenue derived from the imposition of said charge, the District shall immediately reimburse itself and the Town based upon the estimates previously submitted. If the actual expenditures exceed any estimate, then the actual amount shall be reimbursed to the District or Town, as the case may be, to the extent that there are reserve funds in the storm sewer system account. [D1/WVSD/T] 14 Part V - TERM OF THE AGREEMENT; RIGHTS AND OBLIGATIONS UPON TERMINATION A. Term of the Agreement This agreement shall be in full force and effect for a period of time beginning on July 1, 1992, and extending to and including the 30th day of June, r-- ONE' 1995, and is automatically renewed for additional tXlkkk (1),Uth year periods unless either party, at least one year before termination, gives written notice to the other that it does not wish to renew this agreement. This agreement can also be terminated at any time by written agreement of the parties or by operation of law. If not otherwise terminated, this agreement shall terminate on June 30, 2012. B. Rights Upon Termination Upon termination, the balance remaining in storm sewer system account shall be distributed to the parties to the extent that each has incurred actual costs with respect to the operation and maintenance of the Town's storm sewer system. All remaining sums shall be refunded to the property owners from which the funds were collected on a pro-rata basis. C. Survival of Indemnities All indemnity provisions contained in this agreement survive its termination. [D1/WVSD/T] 15 Part VI - MISCELLANEOUS PROVISONS A. Amendments This agreement is amendable only by means of written instrument executed with express authorization by the Town Council and the District Board of Directors. B. Disputes If either party contends that the other has breached or is breaching this agreement or that this agreement is inequitable, its governing body shall so notify the governing body of the other party and both governing bodies (subject to all laws concerning the meetings of public agencies, governing bodies) shall meet jointly to resolve their differences. No action or suit concerning the terms or performance of this agreement shall be commenced, nor shall there be any act of rescission or notice of termination of this agreement other than the sort of notice provided in Part E(1) until the joint meeting has been held. The parties waive any statute of limitations as to any cause of action which is subject of the notification and meeting proceedings by this part during the time, not to exceed a reasonable time, required for the notice to be given and the meeting to take place. C. Successors and Assigns The agreements, covenants, conditions, limitations, restrictions and undertakings contained in [D1/WVSD/T] 16 this agreement apply to and bind the successors and assigns of the parties. The rights and obligations of this agreement may not be assigned by any party without the written consent of the other. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date set forth beside their signatures, to become effective on Dated ATTEST: 6t;--„,-. Town Clerk TOWN OF LOS GATOS 1JBy.tJ W 1992. 11pTOWN MANA E APPROVED AS TO F Town Attorney Dated: WEST VALLEY SANITATION DISTRICT ATTEST: OF SANTA CLARA COUNTY By APPROVED AS [D1/WVSD/T] 17 0 FO District Counsel AGREEMENT BETWEEN THE TOWN OF LOS GATOS AND WEST VALLEY SANITATION DISTRICT REGARDING IMPLEMENTATION OF A STORM WATER MANAGEMENT PROGRAM 7VWN CCLERK AGR: V • 30 IHH: I99z - L6 REDO TABLE OF CONTENTS BID: Page No. RECITALS 1-3 PART I - DEFINITIONS A. Storm Sewer System 4 B. Catch Basins 4 C. Runoff 4 D. Town Manager 4 E. Manager/Engineer 4 F. Cost 4 G. Capital Cost 4 H. Operation and Maintenance 4 Cost 5 I. General Administrative Cost 6 J. Fiscal Year 6 K. Work Plan 6 PART II - AGENCY RELATIONSHIP CREATED A. Appointment of District as Town Agent 6 B. Duties of the District 7 C. Duties Retained by the Town 7 D. Indemnity 8 PART III - ADDITIONAL DUTIES OF THE PARTIES A. Additional Duties of the Town11 B. Additional Duties of the District 12 PART IV - FINANCIAL PROVISIONS A. Annual Submission of Town's Estimate 12 B. District's Estimate 13 C. Establishment of Storm Sewer Charge 13 D. Annual Review of the Storm Sewer Charge 14 E. Limited Use of Funds 14 F. Payment to District and Town 14 PART V - TERM OF THE AGREEMENT; RIGHTS AND OBLIGATIONS UPON TERMINATION A. Term of the Agreement 15 B. Rights upon Termination 15 C. Survival of Indemnities 15 PART VI - MISCELLANEOUS PROVISIONS A. Amendments 16 B. Disputes 16 C. Successors and Assigns 16 IN WITNESS WHEREOF 17 DEPTMENT: AGENDA ITEM: INTERNAL TRACKING (--M/y RESO/ORD NUMBER: DATE fa LIST IN BOOK ON DISC OR SHARE. FORM SENT TO DEPT. PUBLISH IF REQUIRED - Date of Publication ORDINANCES ONLY WHEN SIGNATURE AND /s/ COPY (1 EACH) returned, LIST ON SIGNATURE TRACKING & SEND TO MAYOR . MAIL TO DISTRIBUTION LIST NO.of COPIES: PROOF OF MAILING PREPARED SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE FILE IN VAULT CODIFICATION IF ORDINANCE ► clk:d16:\other\ordrea2 O: :CE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: -J(.40-IF .i �Js) �2dyt RESOLUTION Number: f 9 /gP Number. Date of Adopt: 3` hP -' d Date of Intro: Date of Adopt: PUBLICATION REQUIRED; ZONE CHANGE: COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: 2LL COUNCIL MEMBERS NAMES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor(or Chairman) LINDA LUBECK ORDINANCE ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION TC: D7: RESO-ORD RESOLUTION 1998 -22 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO TRANSFER EXISTING NON POINT SOURCE FUND BALANCE WHEREAS, the West Valley Sanitation District (WVSD) receives storm water fees which are collected by the Santa Clara County Tax Assessor; and WHEREAS, fees are based on type of use (ie commercial, office, and residential) and size of parcel; and WHEREAS, the Town receives its funding share in the first and third quarter of the calendar year; and WHEREAS, June 16, 1997 Council adopted the 199798 operating budget which included Non Point Source funding; and WHEREAS, the storm sewer maintenance program is to systematically inspect, clean and monitor storm drainage facilities; and WHEREAS, in preparation for winter storms the Parks, Forestry, and maintenance Services Department performed a comprehensive program inspecting and cleaning storm drain inlets, catch basins, and drainage channel; and WHEREAS, Under the current agreement with WVSD transfer of prior year fund balances to offset salaries/benefits is permitted if ongoing expenditures exceed budget estimates. THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of California, that the Town Manager is authorized to transfer existing non point source fund balances to offset shortfalls in salaries and benefits. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of March, 1998 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins, Mayor Linda Lubeck. NAYS: None ABSENT: None ABSTAIN: None SIGNED: /s/ Linda Lubeck MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA Town Council Minutes March 16, 1998 Redevelopment Agency Los Gatos, California PROJECT 9708-LIBRARY RESTROOMS/PROJECT 9801-BLOSSOM HILL PARK AMERICANS WITH DISABILITIES ACT ACCESSIBILITY UPGRADES (10.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to April 6, 1998 for some minor budget details which need to be resolved. Carried unanimously. WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY/GREEN VALLEY DISPOSAL COMPANY/GUADALUPE RUBBISH DISPOSAL COMPANY/RESOLUTION 1998-21 (11.14) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-21 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ASSIGNMENT. ASSUMPTION AND CONSENT AGREEMENT WITH THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY. GREEN VALLEY DISPOSAL COMPANY. AND GUADALUPE RUBBISH DISPOSAL COMPANY. Carried unanimously. BUDGET INCREASE FOR SALARIES/RESOLUTION 1998-22 (12.05) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-22 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO TRANSFER EXISTING NON POINT SOURCE FUND BALANCE, which authorizes budget increase of $10,000 for salaries (2224-51100), and $3,000 for benefits (2224-52000) from existing fund balance of $51,100. Carried unanimously. PROJECT 9615-BIANNUAL STREET RESURFACING (13.35) Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council increase 97/98 project budget 480S9615-85035 by $40,000 from account number 4480-85300. Carried unanimously. HEARING LOCAL LAW ENFORCEMENT BLOCK GRANT/RESOLUTION 1998-23/HEARING (15.09) Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider adopting resolution authorizing the use of Local Law Enforcement Block Grant Funds to purchase new firearms for Police Department personnel and authorizing the Town Manager to execute an agreement with L.C. Action Police Supply to purchase new firearms and rebudget accounts as outlined in the staff report. No one from the audience addressed this issue. Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried unanimously. Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-23 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE USE OF LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF NEW FIREARMS FOR THE LOS GATOS/MONTE SERENO POLICE DEPARTMENT AND AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH L.C. ACTION POLICE SUPPLY FOR THE PURCHASE OF THE NEW FIREARMS, and rebudget accounts as outlined in Fiscal Impact. Carried unanimously. TC:D10:MM031698 3