Item 23 Staff Report Agreement with West Valley Sanitation Districtn
DATE:
TO:
FROM:
SUBJECT:
MEETING DATE: 11/4/02
ITEM NO. g
COUNCIL AGENDA REPORT
October 31, 2002
MAYOR AND TOWN COUNCIL
DEBRA J. FIGONE, TOWN MANAGE
3
AGREEMENT WITH WEST VALLEY SANITATION DISTRICT
A. AUTHORIZE TOWN MANAGER TO NEGOTIATE AND EXECUTE
AN EXTENSION TO THE CURRENT AGREEMENT WITH WEST
VALLEY SANITATION DISTRICT TO JUNE 30, 2004
B. COUNCIL DISCUSSION OF CONSIDERATION FOR STAFF IN
EVALUATING SEWER MAINTENANCE RESPONSIBILITY
UNDER THE NEW EPA REGULATIONS
RECOMMENDATION:
1. Authorize Town Manager to negotiate and execute an extension to the current agreement with
West Valley Sanitation District to June 30, 2004.
2. Council discussion of consideration for staff in evaluating sewer maintenance responsibility
under the new EPA regulations.
BACKGROUND:
The Town of Los Gatos and the West Valley Sanitation District jointly agreed to re-evaluate the
current arrangement between the agencies and appointed Brown and Caldwell, Consulting Engineers,
to prepare a report on the current practices and cost of service. The report also speaks to future
requirements which are a result of new regulations, some of which have yet to be fully defined.
Sections 1 and 2 are attached for information purposes. The background, scope of the study,
distribution of services by each agency, and system description is included in Section 1. Section 2
defines CMOM's and SSO'S and discusses the elements of each.
PREPARED BY:
Reviewed by: e5
rcdt,„C 60t/K:1
HN E. CURTIS
'rector of Parks and Public Works
Assistant Town Manager j/ Attorney Clerk
mance
Community Development Revised: 10/31/02� 1:52 pm
Reformatted: 5/30/02
N:\B&E\CNCLRPTS\public. sewer.system.agreement.wpd
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AGREEMENT WITH WEST VALLEY SANITATION DISTRICT
OCTOBER 31, 2002
DISCUSSION:
The Draft Report has been reviewed internally. The report raises key questions that can best be
resolved by Town staff, working with West Valley and other relevant agencies. One is how to best
meet the CMOM requirements and the SSO prohibitions. These questions can best be answered by
setting objectives in these areas and then implementing a program to meet them.
Another question raised is how to best fund the new work requirements. Are present fees enough and
are there additional fees that need to be added to the present fees? Expenses for the new, not fully
defined program, are difficult to assess with accuracy.
A third important question is regarding the liability associated with maintaining the system. Is there
liability associated with maintaining the system? Is liability avoided by having the District maintain
the system or does the Town's NPDES permit bind the Town to the liability of an overflow problem?
These questions cannot be so readily answered without the experience of working with the new
CMOM' S and other requirements. While the Town staff can demonstrate the timely response to call -
outs, it must also be able to demonstrate its record keeping capability which is a CMOM
requirement. Local operational control brings the Town many advantages. The Town must know that
such local control is affordable and that the potential liability is acceptable.
CONCLUSION:
In order to develop better real time information to answer these questions, staff is recommending that
the existing contract be extended to June 30, 2004. This will enable the staffs of both Town and
District to analyze their roles in meeting the new regulations and to understand more clearly the costs
to do so and the liability involved.
In twelve to eighteen months, staff could expect that enough data will be available to make a
knowledgeable recommendation to Council as to whether the Town should continue to retain the
maintenance and operational responsibilities or pass them fully to West Valley Sanitation District.
FISCAL IMPACT:
The cost to provide sanitary sewer service to the Town is borne by the system users by a levy on
property taxes. The tax is collected by the West Valley Sanitation District and distributed back to
the Town to cover its costs of providing maintenance and operation services. Cost and fee collection
should always balance.
Attachments:
1. Assessment and Analysis of Public Sewer System Operation and Management -Sections 1 & 2
2. Agreement with West Valley Sanitation District
SECTION 1
INTRODUCTION
The West Valley Sanitation District (District) and one of its member agencies, Town of
Los Gatos (Town), are reevaluating the current arrangement whereby the Town performs routine
maintenance of the wastewater collection system within the Town and the District provides all other
collection system services. This report summarizes the current level and cost of services provided
by the Town and District and identifies potential additional services and costs associated with the
pending CMOM requirements. It also evaluates four alternatives for providing maintenance and
other services for the collection system in Los Gatos.
BACKGROUND
The Town was incorporated in 1887 and began sewer service in the 1890s. In 1948, the predecessor
to the District was formed to provide sewer services in Santa Clara Valley for the Town of Los
Gatos, the Cities of Campbell, Monte Sereno, and Saratoga and unincorporated areas of Santa Clara
County. Wastewater from the District is conveyed to the City of San Jose which conveys the
wastewater to the San Jose/Santa Clara Wastewater Pollution Control Plant (SJ/SCWPCP).
The District provides complete wastewater collection services to its members except for the Town.
The Town and the District have a special arrangement in regards to the operation and maintenance
of the collection system in Los Gatos. Los Gatos Park and Public Works staff are responsible for
the routine cleaning of the collection system. The District is responsible for permitting, repairs,
construction, inspection, engineering, and collection of all fees related to the sewers in Los Gatos. A
portion of the fees collected by the District is used to reimburse the Town for providing routine
maintenance.
This arrangement between the Town and the District was agreed to in 1977 and amended in 1991.
The agreement expired in 2001 and was extended for 1 year to allow the Town and the District to
re-evaluate this arrangement in light of pending regulations from the US Environmental Protection
Agency, known as CMOM (Capacity, Management, Operations, and Maintenance). It is anticipated
that CMOM will require higher levels of collection system management, operations, and
maintenance and greater accountability for preventing sanitary sewer overflows (SSOs).
In January 2002, the District retained Brown and Caldwell to evaluate options for modifying the
arrangement between the Town and District. The primary concerns about the arrangement are
responsibilities related to potential liabilities for SSOs and potential increase in costs.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell.
It should not be relied upon; consult the final report.
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Attachment 1
1-1
SEC 'ION 1
Four alternatives are considered:
1. Town continues to perform maintenance and District continues to perform other
services.
2. Town takes over all collection system functions within Los Gatos.
3. District takes over all collection system functions within Los Gatos.
4. Town takes over all collection system functions and out -sources portions of work.
SCOPE OF WORK
The scope of work for this project is divided into four major tasks.
Task 1. Assessment of Existing Sewer System Operations. Document the existing level of
service provided by the Town and District and the associated costs.
Task 2. Assessment of Potential Changes in Operations. Probable impacts to the existing level
of service resulting from pending CMOM regulations will be determined based on best professional
judgement. The associated costs resulting from the impacts will be calculated.
Task 3. Development of Alternative Service Models. Four alternatives will be developed from
the results from Tasks 1 and 2. Estimate costs and impacts of each alternative will be determined.
Task 4. Report Development. Document the above work in a project report.
AGREEMENT BETWEEN DISTRICT AND TOWN
In 1977, the District and the Town signed an agreement concerning the operation and maintenance
of sewers in the Town. The agreement outlines the responsibilities of each agency, financial
obligations, and rights upon termination of agreement. The agreement was amended in 1991 to its
current form.
Town of Los Gatos Services
Under the agreement, the Town's major responsibility is to operate and maintain its sewer system.
This includes (but is not limited to) cleaning, root treatment, removal of stoppages, and minor
repairs. In addition, the Town oversees the planning, design, financing, construction, and inspection
of private sewers, which are defined as building sewers, branches, and laterals on private property.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell.
It should not be relied upon; consult the final report.
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SECTION 1
West Valley Sanitary District Services
The District is responsible for easement acquisition, financing, planning, design, construction, and
inspection of public sewers. These include building laterals from cleanouts located on property lines
to the main line, main lines, and trunk lines. The District is also responsible for administration and
funding of major repair, new construction and rehabilitation work within Los Gatos. Additional
duties include monitoring quantity and quality of wastewater flow from the area, CCTV inspection,
and cleanout construction. Both the Town and District can identify the need for additional capacity
for conveyance and treatment.
Financial Obligations
The District collects sewer use fees within Los Gatos from the County tax roll, and collects
connection fees directly from permits. The Town submits to the District estimates for its cost of
sewer operation and maintenance annually for reimbursement. A refund or additional funds are
allowed to reflect actual costs at the end of the fiscal year. The District pays for transportation of
Los Gatos wastewater to the SJ/SCWPCP for treatment and disposal.
Termination Rights
The amendments for the agreement stipulate an ultimate termination date of July 1, 2001, which has
been extended one year upon mutual agreement by both parties. The agreement designates the
following upon termination:
• There shall be no change in composition or quantity discharged from the District
system to the Town's system or from the Town's system to the District system.
• The reimbursement for operation and maintenance costs of the receiving system,
treatment, and conveyance will be based on usage, which is formulated by:
Reimbursable cost = A * B/C
Where A is total cost for service (operations and maintenance of agency's collector,
treatment, or sewer capacity for non -District sewers), B is the annual average rate of
the user's wastewater flow, and C is the annual average rate of all wastewater flow.
The treatment formula is further modified for difficulty of treatment.
• Any continued taxes collected from Town tax roll will be paid back to Town or
credited.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell.
It should not be relied upon; consult the final report.
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SEC.' ION 1
COLLECTION SYSTEM SUMMARY
The Town accounts for about 25 percent of the District's total population, number of connections,
and sewers and 40 percent of the District's service area. Relevant information about the District and
Town are summarized in Table 1-1.
Table 1-1. Comparison of District and Town
Entire District
District excluding Los Gatos
Los Gatos
Area
18,500 acres
10,800 acres
7,700 acres
Population
114,800
86,200
28,600
Connections
43,600
31,300
12,300
The amount of collection system within the District and Town is summarized in Table 1-2. 6-inch
pipe accounts for about three-quarters of the entire collection system footage. This size pipe is
typically considered obsolete for sewer mains because of the high level of maintenance required and
because it is prone to plugging.
Table 1-2. Existing Sewer System, Lineal Feet
Diameter
Entire District
District excluding Los Gatos
Los Gatos
4
5,883
3,868
2,015
6
1,667,107
1,204,335
462,722
8
311,048
234,298
76,750
10
71,473
57,204
14,269
12
75,986
48,517
27,469
14
2,789
581
2,208
15
49,177
43,180
5,937
16
6,334
0
6,334
18
25,145
17,698
7,447
20
105
105
0
21
8,334
4,584
3,750
24
20,090
19,251
839
27
12,240
5,413
6,827
30
4,199
4,199
0
33
444
444
0
36
561
561
0
39
3,371
3,371
0
42
900
900
0
48
1,321
1,312
0
Total
2,266,438
1,649,821
614,602
Total Miles
429
313
116
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell.
It should not be relied upon; consult the final report.
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1-4
SECTION 1
Both the Town and District are responsible for lower laterals, which extend from the sewer main to
the property line. Lower laterals are not included in the footage totals in Table 1-2 and are estimated
at 51 miles in the Town and 181.5 miles in the rest of the District. These estimates are based on an
average lower lateral length of 22 feet. Evidently, about half of the laterals do not have cleanouts at
the property line.
Figure 1-1 shows the age distribution of the District's sewer mains excluding those constructed in
Los Gatos. About two-thirds of the sewers were constructed more than 30 years ago. Portions of
the sewers in the Town are very old and it is anticipated that many sewers within the Town are more
than 30 years old also.
% of total main lines
40
35
30
25
20
15
10
5
0
pre-1949 1950-59 1960-69 1970-79 1980-89 1990-99 2000-01
Year constructed
Figure 1-1. Construction Dates for Sewers Outside of Los Gatos
Some sewer mains are located in easements instead of streets. Easement sewers are often
constructed in hilly areas where the natural topography causes wastewater to flow to backyards.
Easement sewers are often more prone to root intrusions and are often more difficult to maintain
because of access limitations than sewers in streets.
Wastewater from the District is conveyed by City of San Jose trunk sewers to the SJ/SCWPCP.
While the District does not own these sewers, it contributes to the rehabilitation of the existing
sewers and construction of relief sewers in proportion to its share of flow. The average wastewater
flow from the entire District was 10.8 million gallons per day in fiscal year 2000/2001. This
constitutes about 8 percent of the all flow to SJ/SCWPCP.
The Town has four pump stations while the District does not have pump stations located outside of
the Town.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell.
It should not be relied upon; consult the final report.
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SECTION 2
CMOM
CMOM (Capacity, management, operations, and maintenance) is part of pending USEPA
regulations for reducing sanitary sewer overflows (SSOs) and improving the long-term management
of wastewater collection systems. These regulations will apply to the District and Town and may
require changes to current practices. This section presents the major features of CMOM and the
types of practices that will be needed to comply with CMOM regulations. These practices are
compared to current District and Town practices in Sections 3 and 4, respectively and the identified
changes in practices are included in the development and evaluation of alternatives in Section 5.
SSO POLICY
CMOM is part of the pending USEPA SSO Policy. The goal of the SSO Policy is to reduce the
estimated 40,000 SSOs that occur annually nationwide and to address the general deterioration of
sanitary sewer systems. Development of the draft SSO Policy began in 1995. A preliminary draft of
the policy was released by USEPA in early 2001. Recent announcements by USEPA indicate that
the draft policy will be published in the Federal Register in 2002 and the policy will become final in
2003.
The SSO Policy has four parts and a preamble. The preamble indicates that even the best managed
collection systems have unforeseeable SSOs. While this is consistent with the experience of the
collection system industry, it may conflict with the Clean Water Act, which strictly forbids all SSOs.
The four parts of the SSO Policy are:
NPDES Permitting. Historically, the National Pollution Discharge Elimination System (NPDES)
permit process has primarily been used to permit wastewater treatment plants and storm drain
systems. The SSO Policy expands NPDES permits to include satellite collection systems such as the
District. (Satellite collection systems convey wastewater to a regional wastewater treatment plant
such as San Jose/Santa Clara Water Pollution Control Plant.
CMOM Programs. Each collection system agency must have a written CMOM program. The
requirements of the program are discussed below.
SSO Prohibition. All SSOs are prohibited; however, enforcement actions may be tempered if the
collection system agency can demonstrate that the SSO resulted from a severe natural condition
(e.g. hurricane, earthquake) or that the agency had exercised reasonable control of the collection
system (i.e., proper management, operation, and maintenance).
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell. It should
not be relied upon; consult the final report.
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SECTION 2
Reporting. The definition of a reportable SSO changes to any overflow regardless of size or if the
overflowing wastewater reached a receiving water (e.g. bay). The new SSO definition includes
I
wastewater backups in buildings that are caused by blockages or other conditions in the collection
system. All SSOs must be included in an annual report.
ISTATE ACTIONS
The State of California by itself and in conjunction with USEPA Region 9 has recently undertaken
several enforcement actions against collection system agencies because of SSOs. Most of these
' actions have been in Southern California although agencies in other areas have been sited also.
The State is currently developing its own CMOM program, which is modeled on the draft SSO
Policy. The State believes it already has the authority to require collection systems to comply with
its CMOM program and may proceed with its own implementation regardless of the USEPA.
CMOM
ICMOM has two basic goals. The first goal is to reduce the number of SSOs. The second goal is to
ensure the long-term management of collection system assets to prevent future SSOs. Many
I wastewater collection systems have too many SSOs and/or stoppages, which threaten public health
and contribute to a low level of service to their customers. Also, many collection systems are
approaching the end of their useful lives and need major repairs, rehabilitation and/or replacement.
1 CMOM has eight basic elements:
• Goals
• Organization
• Legal Authority
• Measure and Activities
• Design and Performance Provisions
1 • Monitoring, Measurement, and Program Modifications
fl • Overflow Emergency Response Plan
• System Evaluation and Capacity Assure
In addition, an audit of the actual performance of the collection system and implementation of the
CMOM program is required when the NPDES permit is renewed. The results of the audit and the
program provisions must be publicly disclosed.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell. It should
not be relied upon; consult the final report.
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SECTION 2
CMOM is based on the Management, Operations, and Maintenance (MOM) program developed by
USEPA Region 4. Region 4 also developed several guidance documents to assist agencies in
complying with MOM requirements. The CMOM regulations, MOM guidance documents, and
other related information were reviewed to identify key components that may have significant
financial impact on the current operations by the District and Town. The impacts and related costs
will be included in the development and evaluation of alternatives in Section 5.
The key components of a complete CMOM program are grouped into four categories: Performance,
Administration, Operations and Maintenance, and Engineering. These categories are summarized in
Table 2-1. The key components focus on the two basic goals of CMOM: SSO reduction and asset
management.
Table 2-1. CMOM Summary
CMOM Component
Administration Performance
- Customer service
- Finance
- Public Outreach
- Information Management
- General Administration
- Legal Authority
Operations and Maintenance
- Standard Operating Procedures
- Overflow Response Plan
- Maintenance
Preventive Maintenance
Complaint Response
Other fieldwork
- Repairs
- Other Maintenance
Engineering
- Asset Management
- Capacity Assurance
- Design and Construction
- Capital Improvement Program
Discussion
Connection permits; customer complaints; customer billing; fees for
connections; other services
Operating budget; capital budget; long-term finance; budget tracking
Public education about ordinances and other requirements of
property owners
Work orders; hours/costs; repairs; SSOs; stoppages; complaints; GIS;
manhole numbers, USA response
Management, human resources, accounting, human resources, clerical
Ordinances, satellite agreements, design and construction standards
Written procedures
Responsibilities/authority, emergency contacts, notifications
Cyclic cleaning of mains and laterals; focused cleaning of troublesome
mains and laterals
Response to SSOs, complaints or other problems; response to pump
station problems; problem investigation
Easement maintenance; locating laterals, dye testing, other inspections
Repairs and upgrades of pipes and pump stations; construct cleanouts
CCTV inspections; field support of construction projects;
inspection of new facilities
System inventory; condition assessment; I/I control
Design storm, hydraulic modeling
Design standards; inspection and testing; develop plan review
Rehabilitation; relief sewers; expansion
This is a draft and is not intended to be a final representation of the work done or recommendations made by Broom and Caldwell. It should
not be relied upon; consult the final report.
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SECTION 2
CMOM checklists also include other items that are typically less important to the overall reduction
of SSOs and improved management of collection systems. It is anticipated that these other items
would also have less impact on the cost of service provided by the Town and District.
PERFORMANCE
The key indicators of collection system performance are stoppages and SSOs. As discussed above,
CMOM expands the definition of an SSO to include any wastewater that overflows from a
collection system regardless of quantity and whether it reaches a receiving water. Most collection
system agencies have not tracked SSO data using this new definition so the overall performance of
the collection system is difficult to evaluate from only SSO data. Therefore, stoppages will be
considered along with SSOs in determining performance.
Stoppages differ from SSOs in that maintenance crews were able to eliminate the blockage before
wastewater could overflow from the collection system. While stoppages are officially different from
SSOs, they indicate significant problems in the collection system.
CMOM does not identify an acceptable rate of stoppages or SSOs from a collection system.
However, regulatory agencies have typically considered the following items when determining the
appropriate enforcement actions to take when an SSO occurs:
• Quantity: Large volume SSOs pose a larger threat to public health and the
environment and receive more regulatory attention than smaller volume SSOs.
Large volume SSOs often occur during large storms and when large diameter pipes
are blocked.
• Repeat overflows: Each SSOs should be investigated and appropriate remedial action
taken to prevent a repeat occurrence. Multiple SSOs at the same location are often
indicators of inadequate collection system management.
• Delayed action: Agencies should promptly implement sewer rehabilitation, new relief
sewers, additional maintenance, grease control programs to prevent SSOs.
• Economic benefit: Agencies that delay implementing corrective actions because of
cost are particularly at risk of enforcement action.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell It should
not be relied upon; consult the final report.
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SECTION 2
ORGANIZATION
A basic understanding of the organization of the agency is needed for a CMOM evaluation. Some
organization issues such as inadequate training can affect the frequency of stoppages/SSOs.
CMOM will require documentation of the organization, including clear delineation of
responsibilities for each organizational unit, relation to other organizations, staff assignments and
job descriptions. Specific information required includes:
1. Overall organizational chart, including governing body. This is to be a detailed
organizational chart by work area/function.
2. Relationship to other work units (e.g. storm water maintenance).
3. Number of positions budgeted and number filled.
4. Training policies.
5. Safety policy, committee, and training program.
ADMINISTRATION
Administration includes most practices that are not part of operations and maintenance or
engineering. This section includes a description of what is included in customer service, finance,
public outreach, information management system, and legal authority.
Customer Service
Customer service deals with the interaction between the agency and its customers in the areas listed
below.
• Connection permitting process
• Service complaints and problem reporting
• Billing system
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell. It should
not be relied upon; consult the final report.
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SECTION 2
Finance
The utility must demonstrate that it has the proper financial means and controls to care for its
collection system.
• Operations budgeting system based on actual needs
• System of rates and fees that provide sufficient funds for operating and capital
budgets
• Budget tracking system that determines actual operations and capital costs
• Analysis of long-term financial resources to operate, maintain and execute repairs,
rehabilitation, or replacements
Public Outreach
Public outreach is integral to the success of several programs and includes the following items.
• Notification of public when SSOs occur
• Grease control program
• Private inflow/infiltration reduction
• General public education about CMOM and collection system performance and level
of service
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell. It should
not be relied upon; consult the final report.
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SECTION 2
Information Management
CMOM will require increased record keeping, maps and data management as part of more effective
collection system management, maintenance and operations. The agency should mark the locations
of its facilities in the field as part of the Underground Survey Alert (USA) system. The information
management system needs to handle various types of information as listed below.
• Historical performance data that is tracked, trended, and available for reports
• Prioritize and schedule preventive maintenance
• Repair, replace and rehabilitation strategies for the collection system
• Financial information
• Collection System Maps (e.g. GIS)
• Spare parts inventory of essential spare parts for maintenance equipment and system
components
Legal Authority
CMOM requires agencies to have the legal authority to properly manage the collection systems
regarding the following items.
• Sewer ordinances: regulate connection to the collection system and discharge of
wastewater; control I/I from private property; and grease control program for food
processing establishments
• Design and construction specifications and standards based on sound engineering
and construction practices
• Construction inspection and testing by qualified inspectors
• Satellite collection system agreements with downstream or upstream satellite systems
or treatment facilities
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell. It should
not be relied upon; consult the final report.
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SECTION 2
OPERATIONS AND MAINTENANCE
Operations and maintenance is the primary program for preventing SSOs and mitigating the impact
of SSOs that occur.
Standard Operating Procedures
Written standard operating procedures for the items below should be used by operations and
maintenance staff.
• Sewer maintenance
• Pump station maintenance
• Repairs
• Information collection for the information management system.
Overflow Response Plan
A written Overflow Response Plan should specify procedures related to responding, mitigating,
reporting, notifying, and tracking overflows. The plan should designate specific responsibilities for
each of these actions throughout the organization.
Maintenance
Maintenance includes a variety of field activities.
Preventive maintenance includes cyclic and focused cleaning of the collection system and
related activities at pump stations. The intent of preventive maintenance is to minimize the
number and severity of stoppages/SSOs. Typical sewer maintenance programs include
cleaning sewer mains on a 5-year cycle. Specific mains that have root, grease, or sediment
problems should receive focused cleaning more frequency. Agencies that are responsible for
maintaining lower laterals should have a preventive maintenance program for them also.
Complaint response includes quickly responding to notification of a stoppage or SSO,
correcting the problem, and performing the appropriate notifications and information
tracking. It also includes investigating the cause of each stoppage and SSO and ensuring
corrective action is taken to prevent the problem from occurring again. Complaint response
applies to mains, laterals, and pump stations.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell. It should
not be relied upon; consult the final report.
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SECTION 2
Other fieldwork includes easement maintenance so that sewers are accessible and various
field activities such as locating laterals and miscellaneous inspections in support of customer
service, capital projects, and determining causes of problems.
Repair
Repairs are performed to correct problems and maintain collection system operations. Repairs are
typically identified either by maintenance crews or through CCTV inspection. Customers request
other repairs such as cleanout construction. For most repairs, the agency needs to follow
documented procedures that include:
• Problem identification
• Needs assessment to determine if repair, rehabilitation, replacement, or additional
preventive maintenance is most appropriate
• Prioritization of repairs along with other field crew activities
• Scheduling of repair work
• Tracking of all related information in the maintenance management system
• Adjustment of preventive maintenance or other activities to account for the repair
Other Maintenance
Other maintenance includes CCTV inspections. CCTV inspection is the primary procedure for
evaluating the condition of sewer mains and laterals and includes the following.
• Cyclic inspection of sewers mains about every 10-years
• Investigation of stoppages/SSOs or other problems
• Acceptance inspection of new sewers and laterals
ENGINEERING
Engineering needs to work closely with O&M to reduce stoppages/SSOs and provide asset
management.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell It should
not be relied upon; consult the final report.
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SECTION 2
Asset Management
Asset management is a set of practices and policies to ensure the long-term viability of the collection
system. Asset management includes asset inventory and asset condition assessment. Asset
inventory is typically included with mapping, particularly if GIS mapping is used. Condition
assessment includes a complete evaluation of each asset from a perspective of:
• Structural condition
• Hydraulic condition
• Maintenance condition
Structural condition is usually based on sewer system evaluation surveys (SSES) and CCTV
inspections. Hydraulic condition information is derived from hydraulic modeling and maintenance
condition information is related to prevention maintenance, repairs, and stoppages/SSOs. This
information is used to track the condition of each asset and provide the needed repairs,
rehabilitation, replacement, or additional maintenance as needed to prevent stoppages/SSOs.
Management of field data and assessments is an important component of the information
management system.
Capacity Assurance
Capacity assurance is the process to determine that the collection system has adequate capacity for
new connections and to identify hydraulic bottlenecks and areas with excessive I/I that cause wet
weather related SSOs. Capacity assurance is typically performed with a hydraulic model of the
collection system. Wet weather flow monitoring is important to calibrate the model and flow
projections. Wet weather flow projections should be based on a design storm or flow recurrence
frequency.
Design and Construction Standards
In order to ensure high quality construction of system components, design and construction
specifications should be based on sound engineering and construction practices. In addition, the
agency should perform inspection of all sewer projects by qualified inspectors.
Capital Improvement Program
Capital improvement projects should be developed based on the capacity assurance hydraulic
modeling, asset management, and other programs. The capital improvement projects should be
prioritized and scheduled and funding sources should be identified.
This is a draft and is not intended to be a final representation of the work done or recommendations made by Brown and Caldwell. It should
not be relied upon; consult the final report.
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a3 C.7-
ACE OF THE TOWN CLERK
AGR 4/.07411
CONTINUATION AGREEMENT AND AMENDMENT' NO. 2
TO SEWER AGREEMENT BETWEEN THE TOWN OWE OS OATOS
AND WEST VALLEY SANITATION DISTI410f
REC
RESO add / '"-10 5
THIS CONTINUATION AGREEMENT is made and entered into this /eft, . day of
, 2001 by and between the Town of Los Gatos ( hereinafter "Town") and
W t Valley Sanitation District of Santa Clara County ( hereinafter "District" ).
RECITALS
WHEREAS, on May 19, 1977 Town entered into an agreement with District entitled
"District 4 — Los Gatos 1977 Sewer Agreement" ( herein referred to as "Agreement" );
and
WHEREAS, on December 4, 1991 Town and District entered into an Amendment to the
Agreement to facilitate certain changes in procedures and technology ( herein referred to
as "original Amendment" ); and
WHEREAS, said Agreement and original Amendment will terminate on June 30, 2001;
and
WHEREAS, pursuant to the Federal Clean Water Act, the United States Environmental
Protection Agency is in the process of promulgating new regulations for the operation of
public sanitary sewer systems; and
WHEREAS, Town and District intend to analyze current and projected costs of sewer
service and determine how best to provide Town sewer users with the most cost-effective
service after said regulations are in effect; and
WHEREAS, Town and District desire to indemnify each other for acts of either party
under the Agreement, as amended, until such time as a new agreement is developed or
the current agreement terminated;
NOW THEREFORE, for and in consideration of their mutual promises, and subject to
the terms, provisions and conditions hereinafter set forth, the parties do hereby agree as
follows:
Part II, Section E, add Paragraph 4 as follows:
4. Indemnification. Neither TOWN nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by DISTRICT under or in connection with any work,
authority or jurisdiction delegated to DISTRICT under this Agreement. It is
also understood and agreed that, pursuant to Government Code Section 895.4,
DISTRICT shall defend, indemnify and hold TOWN harmless from any
Attachment.
i
liability imposed for injury as defined by Government Code Section 810.8
occurring by reason of anything done or omitted to be done by DISTRICT
under this Agreement
Neither DISTRICT nor any officer or employee thereof shall be responsible
for any damage or liability occurring by reason of anything done or omitted to
be done by TOWN under or in connection with any work, authority or
jurisdiction delegated to TOWN under this Agreement. It is also understood
and agreed that, pursuant to Government Code Section 895.4, TOWN shall
defend, indemnify and hold DISTRICT harmless from any liability imposed
for injury as defined by Government Code Section 810.8 occurring by reason
of anything done or omitted to be done by TOWN under this Agreement.
Part IX, Section A, Term of Agreement is amended to read:
This amended agreement is in effect from June 1, 2001 through June 30, 2002,
and is automatically renewed for an additional two year period unless either
party gives written notice to the other by January 1, 2002 that it does not wish
to renew this amended agreement. This agreement can also be terminated at
any time by written agreement of both parties or by operation of law. If not
otherwise terminated, this agreement shall terminate on July 1, 2004.
All of the terms and provisions of the Agreement and original Amendment,
except those specifically amended herein, remain in full force and effect.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
APPROVED AS TO FORM:
ATTEST:
TOWN CLERK
/j
DISTRICT COUNSEL
2
TOWN OF LOS GATOS
Title: TOWN MANAGER
WEST VALLEY SANITATION
DISTRICT OF SANTA CLARA CO.
By: Z-a2
Title: Chairperson of the Board
of Directors
11/6/91
AMENDMENT NO. 1 TO 1977 SEWER
AGREEMENT BETWEEN THE WEST VALLEY
SANITATION DISTRICT
AND THE TOWN OF LOS GATOS
TOWN CLERK
AGR• 9/, /c%U
IHi.
RE- / (",ti/- a 66
is Amendment to Agreement is made and entered into this .4 >iX day
of .a_C Z - ) , 1991 by and between the West Valley Sanitation District
(formerly County Sanitation District No. 4, (hereinafter "District") and the Town
of Los Gatos (hereinafter "Town").
RECITALS
WHEREAS, On May 19, 1977, the Town entered into an agreement with the District
entitled "District 4 - Los Gatos, 1977 Sewer Agreement" (herein referred to as
"Agreement").
WHEREAS, certain changes have occurred in procedures regarding the Town sewer
system operation, funding of sewer extensions and replacement, and staffing at
each agency;
WHEREAS, District and Town desire to provide improved services at less cost by
using current technology and eliminating redundancy;
NOW, THEREFORE, for and in consideration of their mutual promises, and subject
to the terms, provisions and conditions hereinafter set forth, the parties do
hereby agree as follows:
Section 1
PART I, Section A, Paragraph 5 is amended to read:
(a) Building Sewer -- The conduit from a plumbing system to a public
sewer, consisting of two parts: (1) a portion within a public sewer
easement or right-of-way; (2) a portion on private property.
(b) Branch -- A sewer which receives wastewater from two (2) to one
hundred (100) laterals and discharges into a main sewer.
(c) Interceptor -- A sewer which receives wastewater from two or more
trunk sewers and conducts it to a treatment plant.
(d) Lateral -- A sewer which discharges wastewater from a building sewer
into a branch or main sewer and which has no other building sewer
and which has no other building sewer tributary to it.
(e) Main -- A sewer which receives wastewater from two or more branches
and from laterals.
Revised 11/7/91 1
(f)
q
Trunk -- A sewer which receives discharge from two or more mains.
(g) Public Sewer -- The portions of a building sewer within a public
sewer easement or right of way, branches, interceptors, laterals,
mains and trunks.
(h) P'.u.nbing Systems -- The plumbing system is fixtures and traps, all
drainage and vent pipes and all building drains.
Section 2
PART I, Section A, add Paragraphs 15, 16 and 17 as follows:
15. Hillside Zone - Hillside Sewer Maintenance Zone refers to all that
territory situated within the Hillside Zone area of the district as
shown and delineated with a report entitled "Establishment of a
Hillside Sewer Maintenance Zone within the West Valley Sanitation
District," dated April 4, 1990, which is kept at the district office
and is signed by the District Manager and Engineer. Hillside Zone
Reserve Account Fee is the fee which is paid by all connectors within
the Hillside Zone (as defined above) to pay for sewer repairs
necessitated by land movement or erosion.
16. Septic System Abandonment Program - The Septic System Abandonment
Program refers to a construction and financing program of West Valley
Sanitation District to provide sanitary sewers to neighborhoods
served by septic systems.
17. Town Director of Public Works - Where reference is made in the
Agreement to Town Director of Public Works, replace by Town Manager
or designee.
Section 3
PART II, Section B, Paragraphs 1, 2 and 3 are amended to read:
1. Building Sewers on Private Property and Public Sewers - Matters of
design and construction of building sewers on private, property are
subject only to control by the Town, but such sewers must be designed
and built to reduce the entrance of storm water and ground water to
a minimum. Matters of design and construction of public sewers, are
subject to control by the District.
2. Public Sewers - Matters of design and construction of public sewers
are subject only to control by the District. Town requests for
public sewers construction must be made to the District at least one
year before the public sewer is needed. It is the obligation of the
District to build the public sewer necessary to convey wastewater
which may, under the terms of this agreement, be discharged into
the Town's System.
Revised 11/7/91 2
014 Af%
that it does not wish to renew this amended 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 July 1, 2001.
Section 9
All of the terms and provisions of the original Agreement, except those
specifically amended herein, remain in full force and effect.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
APPROVED AS TO FORM:
KAT RINE ANDERTON
Town ttorney
ATTEST:
MARIAN V. COSGROVE,()INN CCERK
APPROVED AS TO FORM:
" -YiDISTRI'CT COUNSEL ,' /
pfm007:•;\contr.ct\amSndtlg.d0C
Revised 11/7/91 5
TO OF LOS GATOS
B LtJ %\
F
TOWN MANAGER 17
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
WEST VALLEY SANITATION
DISTRICT OF SANTA CLARA CO.
By: bi,u.e.0„,
Title: Chairperson of the
Board of Directors
100 East Sunnyoaks Avenue
Campbell, CA 95008
Telephone (408) 378-2407
•
3. Cost of Performance - The District shall perform the District's
obligations under Part II E at its own expense. The Town shall
perform the Town's obligation at its own expense.
Section 6
PART III, Section A, Paragraph 2 is amended to read:
2. Notice to District - Applicant must secure a permit from the District
to connect to the public sewer. Proof of a District permit shall
be a condition of the Town's approval of the portion of the building
sewer on private property.
PART III, Section B, Paragraphs 2 and 3 are amended to read:
2. Construction Work - When additional public sewers either in the Town
or leading from the Town to the treatment and disposal facility are
necessary to serve the Town or when it is apparent that such public
sewers will become necessary in the reasonably near future, the
District will design and construct them and will pay the cost of
doing so. Both design and construction of public sewers in the Town
and the manner of making Town requests for construction are governed
by Part II B 2 of this agreement.
3. Limitation on Construction Obligation - The District is not obligated
to do construction work under the provisions of any part of this
agreement unless it can obtain money to pay the capital cost by
reasonable tax levy, sewer service charges, formation of an
assessment district, governmental grants, or issuance of general
obligation or revenue bonds.
Section 7
PART III, Section C. Paragraph 1 is amended to read:
1. Operation of Sewer System - The District shall operate and maintain
its entire system except that portion of its system which is within
the Town. The District shall administer and fund sewer repair and
reconstruction projects on it system with the Town. The Town shall
operate and maintain the portion of the District system which is
within the Town under the operation and maintenance management
program provided by the District or other program developed by the
Town and approved by the District (refer to Part II, Section D).
Section 8
PART IX, Section A, Term of Agreement is amended to read:
This amended agreement is in effect from January 1, 1992 through June 30,
1997, and is automatically renewed for an additional four-year period
unless either party by January 1, 1997 gives written notice to the other
Revised 11/7/91 4
3. Cost of Construction - As between the Town and the District, the
District will construct and pay the capital cost of constructing
public sewers. The funding sources for this construction will be
from the formation of assessment districts, the hillside zone
program, septic system abandonment program, developer contribution,
district participation program or other similar financing programs
established by the District.
Section 4
PART II, Section D, is amended to read:
Section D. Operation and Maintenance of Town's Sewer System.
The Town shall operate and maintain the Town's System under an operation
and maintenance management program provided by the District or other
program developed by the Town and approved by the District. The District
shall reimburse the Town all of the Town's cost of doing so. Requests for
payments shall be made in the manner provided in Part III C.3. The Town's
operation and maintenance responsibilities shall include but not be limited
to sewer cleaning, root treatment, removal of stoppages, and performance
of minor repairs. The district shall administer and fund repair and
reconstruction projects within the Town.
Section 5
PART II, Section E, Paragraphs 1, 2 and 3 are amended to read:
Section E. Administration of Town's Sewer System
1. Town Obligations - With reference to building sewers on private
property the Town shall approve designs, issue permits, collect fees,
and inspect installations pursuant to the uniform plumbing code.
2. District Obligations - With reference to the Town's sewer system,
the District shall:
(a) Plan, design and approve designs of public sewers. The
district shall incorporate the comments of the Town maintenance
department in its approval and design process.
(b) Acquire interests in land.
(c) Construct and inspect, issue permits for construction and
connection, and collect fees prescribed by the District.
(d) Measure the rate of flow, quantity and content of wastewater
as necessary for monitoring compliance of the Town and the
District with the provisions of this agreement.
Revised 11/7/91 3
TABLE OF CONTENTS
PART SECTION PAGE
GENERAL PROVISIONS 1
A DEFINITIONS 1
1. Town Sewer System 1
2. District Sewer System 1
3. District Area 1
4. Wastewater 1
5. Sewer 1
6. Cost 2
7. Capital Cost 2
8. Operation and Maintenance Cost 2
9. Administrative Cost 3
10. Transportation Cost 3
11. Treatment and Disposal Cost 3
12. Fiscal Year 3
13. Prohibited Substance 3
14. Constructed By, Construct 4
I B REFERENCES TO BOUNDARIES OR AREAS 4
I C 1958 AGREEMENT TERMINATED 4
II TOWN SEWER SYSTEM 4
II A USE OF THE TOWN'S SYSTEM 4
1. Discharges into Town System 4
2. Winery Property 5
L. Increase in Discharge 5
4. Determination of Capacity 5
TABLE OF CONTENTS
PART SECTION PAGE
II A 5. Notification 5
6. Prohibited Substances 5
II B SEWER CONSTRUCTION IN THE TOWN 6
1. Building Sewers, Branches and
Laterals 6
2. Mains and Trunks 6
3. Cost of Construction 6
II C PAYMENT FOR RIGHT TO USE EXISTING SEWERS 6
II D OPERATION AND MAINTENANCE OF TOWN'S
SEWER SYSTEM 7
II E ADMINISTRATION OF TOWN'S SEWER SYSTEM 7
1. Town Obligations 7
2. District Obligations 7
3. Cost of Performance
III DISTRICT SEWER SYSTEM 8
USE OF THE DISTRICT SYSTEM 8
1. Extent of Use 8
2. Notice to the District 8
3. Restriction on Use of District's
System 8
III B CONSTRUCTION IN DISTRICT'S SYSTEM 9
Building Sewers, Branches, Laterals,
Mains and Trunks
2. Construction Work
3. Limitation on Construction Obligation
9
9
9
III C OPERATION AND MAINTENANCE OF DISTRICT SEWERS 10
TABLE OF CONTENTS
PART SECTION PAGE
III C 1. Operation of Sewer System 10
2. Cost of Operation 10
3. Manner of Payment 10
IV TRANSPORTATION OF WASTEWATER TO
TREATMENT PLANT 11
IV A METHOD OF TRANSPORTATION 11
IV E USE OF TRUNK AND INTERCEPTOR CAPACITY
RESERVED FOR DISTRICT 11
IV 0 ACQUISITION OF ADDITIONAL CAPACITY 11
✓ TREATMENT AND DISPOSAL OF WASTEWATER 11
✓ DISTRICT RESPONSIBILITY, AND CONTRACTS 12
✓ _ USE OF CAPACITY RESERVED FOR DISTRICT 12
✓ C ACQUISITION OF ADDITIONAL CAPACITY 12
VI INTEREST OF TOWN IN DISTRICT ASSETS 13
VI A INTERESTS IN ASSETS 13
VI � ADJUSTMENT OF COST BURDEN OF ACQUISITION
OF ASSETS 13
VI I DISTRICT FEES AND CHARGES ON TOWN 13
VIII FINANCIAL ARRANGEMENTS FOR FISCAL YEAR
1976-77 14
VIII SEWER SERVICE AND USE CHARGES 14
1. Charces within the Town 14
2. Manner and Time of Collection 14
3. Disposition of Collections 14
VIII _ PAYMENTS DUE TOWN AND DISTRICT FOR SERVICES
PROVIDED DURING FISCAL YEAR 1976-77 14
1. Payments by Town to District 14
TABLE OF CONTENTS
PART SECTION PAGE
VIII B 2. Payments by District to Town 14
3. Time of Payments 14
IX TERM OF AGREEMENT, RIGHTS AFTER TERMINATION 15
IX A TERM OF AGREEMENT 15
IX B RIGHTS AFTER TERMINATION 15
1. Use of Town and District Systems 15
2. Payment for Sewer Use 15
3. Payment for Sewer Capacity Use 16
4. Payment for Wastewater Treatment 16
5. Fiscal Year Basis 17
6. Offset for Taxes and Charges 17
X MISCELLANEOUS PROVISIONS 17
X A AMENDMENTS 17
X B DISPUTES 17
X C DELAYED PAYMENTS 18
X D SUCCESSORS AND ASSIGNS 18
EXHIBIT "A"
DISTRICT 4 - LOS GATOS
1977 SEWER AGREEMENT
PART I. GENERAL PROVISIONS
Section A Definitions
For the purposes of this agreement the following definitions
apply.
1. Town Sewer System - Public sewers constructed by the Town.
2. District Sewer System - Public sewers constructed by the
District, including sewers in the Town.
3. District Area - The entire territory of the District,
including that part which, at any time under consideration, is in
the Town.
4. Wastewater - Liquid and water -borne waste of the sort sewers
are designed to transport, including groundwater and stormwater
which, notwithstanding reasonable precautions, enters the sewer.
5. Sewer - Sanitary sewer (as distinguished from storm sewer)
including conduit, manholes, vertical risers, cleanouts, and other
appurtenances.
(a) Buildino Sewer - The conduit from a plumbing system to
a public sewer.
(b) Branch - A sewer which receives wastewater from a
relatively small area and discharges into a main sewer.
(c) Interceptor - A sewer which receives wastewater from
transverse sewer outlets and conducts it to a treatment plant.
(d) Lateral - A sewer which discharges into a branch or
other sewer and which has no other common sewer tributary to it.
(e) Main - A sewer which receives the discharge from
several branches.
(f) Trunk - A sewer which receives the discharge from
several mains and serves a large area.
6. Cost - 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.
7. Capital Cost - The cost, except as included in Part I A 8(a),
of interests in land, buildings and capital equipment for a sewer
system, of the sort ordinarily recognized as a capital item, including
directly -related engineering and incidental costs, and also the cost
of modernizing the capital portions of a sewer system, such as
replacement or addition of metering, monitoring or treanent devices
and facilities.
8. Operation and Maintenance Cost - The cost of operation,
maintenance, repair and reconstruction of a sewer system, or part of
a sewer system, including,
(a) Items ordinarily recognized as capital items (for
example, interests in land), when reasonably necessary to
maintain the capacity the system had when new,
(b) Replacement of portions of a system damaged or destroyed
as a result of accident or natural disaster,
(c) Damages and settlements oaid in the course of, or
because of threatened, legal actions, except (1) actions between
the parties to this agreement, (2) payments which are reimbursed
from insurance or other sources, (3) payments concerning condemnatic
-2-
or inverse condemnation of a capital item, and
(d) Liability insurance premiums.
9. Administrative Cost - When related to sewer construction,
the cost of planning, design, design approval, inspection and legal
work, and the cost of the preparation, letting, and administration
of contracts, the cost of issuing permits and collecting fees, and
in addition, all cost of monitoring wastewater flow.
10. Transportation Cost - The District's share of the capital
cost and operation and maintenance cost of its mains, trunks and
interceptors or mains, trunks and interceptors constructed or owned
jointly by the District and the City of San Jose, or constructed by
the City of San Jose for the purpose of conveying wastewater from
the District System as set forth in the April 1, 1965 SEWER AGREEMENT
BETWEEN CITY OF SAN JOSE AND COUNTY SANITATION DISTRICT NO. 4 or
any functionally similar agreement.
11. Treatment and Disposal Cost - The cost of treating and
disposing of wastewater from the District's System, including the
District's share of the capital cost and operating cost of treatment
and disposal facilities constructed or owned by the cities of San
Jose and Santa Clara, as set forth in the April 1, 1965 agreement
entitled AGREEMENT 3ETWEEN CITIES OF SAN JOSE AND SANTA CLARA AND
COUNTY SANITATION DISTRICT NO. 4 RELATING TO SEWAGE TREATMENT PLANT
or anv functionally similar agreement.
12. Fiscal Year - The period from July 1 through June 30 of
the following year.
13. Prohibited Substance - Anything which users of the District
System are prohibited by law (including statute, ordinance or
- 3-
regulation) or by contract of the District from discharging into
the District's System.
14. Constructed By, Construct - Sewers constructed at the
request of a public agency and dedicated to public use (for example,
sewers which are subdivision improvements) are included in the
definition of sewers "constructed by" the agency which owns them,
and their construction is fulfillment of that agency's obligation
to "construct" them.
Section B References to Boundaries or Areas
When the boundaries or territory of the Town or the District
are referred to, the reference means the boundaries or territory as
they exist at the time in question, and not necessarily those which
exist at the time this agreement is signed, unless a different
intention is stated in this agreement.
Section C 195E Agreement Terminated
The December 1, 1958 agreement between Town of Los Gatos and
County Sanitation District No. 4 of Santa Clara County, California
is deemed terminated effective July 1, 1976. However, payments due
the District for services provided under the terms of the agreement
through June 30, 1976 shall be made by the Town.
PART II. TOWN SEWER SYSTEM
Section A Use of the Town's System
1. Discharges into Town System - At the time this agreement is
executed the Town and the District are discharging wastewater into,
and conducting it through the Town Sewer System. Throughout the
term of this agreement the Town and the District each have the right
to continue to discharge substantially 'the same amount of wastewater
-4-
from the same areas into, and to conduct it through the Town System.
2. Winery Property - For the purposes of this agreement, the
land shown on the map attached hereto marked Exhibit A is treated
as if it were within both the Town and the District. It is called
the Winery Property. It shall be so treated only until it is
subdivided, or until there is a substantial change in the manner in
which it is used. "Subdivided" means any land division.
3. Increase in Discharce - The Town and the District each has
the right to increase the amount of wastewater discharged into the
Town System on a first come - first served basis so long as the Town
System and the portion of the District System to which it is tributary,
including treatment facilities and rights to use treatment facilities,
have the capacity to receive additional wastewater. The Town and
the District each has the right to maintain its discharge of wastewater
at the increased level.
4. Determination of Capacity - The Town Director of Public
Works and District Engineer together shall determine if there is
sufficient capacity to allow increases in the amount of wastewater
discharged into the Town System.
5. Notification - At least 30 days before the District makes
or allows an increase in wastewater discharged into the Town System
it shall notify the Town, in reasonable detail, in writing. The
District shall not make or allow the increase until written approval
is riven by the Town Director of Public Works. Approval shall be
denied only on the grounds of lack of the capacity described in
Part II A 3, determined as provided in Part II A 4.
6. Prohibited Substances - Neither the Town nor the District
shall discharge a prohibited substance into the Town System, and
both shall take reasonable measures to prohibjt such discharge by
any user of the System.
Section B Sewer Construction in the Town
The following agreements concern construction work in the
Town:
1. Building Sewers, Branches and Laterals - Matters of design
and construction of building sewers, branches and laterals are
subject only to control by the Town, but such sewers must be designed
and built to reduce the entrance of storm water and ground water tc
a minimum. The Town must give the District at least 30 days' notice
before approving the design of a branch or lateral, and must consider
any District recommendation made before the approval.
2. Mains and Trunks - Matters of design and construction of
mains and trunks are subject only to control 'hy the District. Town
reauests for main or trunk construction must be made to the District
at least one year before the main or trunk is needed. It is the
obligation of the District tc build the mains and trunks necessary
to convey wastewater which may, under the terms of this agreement,
he discharged into the Town's System.
3. Cost of Construction - As between the Town and the District,
the Town will construct and pay the capital cost of constructing
building sewers, branches and laterals, and the District will construct
and pay the capital cost of constructing mains and trunks.
Section C Payment for Right to Use Existi ne Sewers
By July 1, 1977 the District shall pay the Town $36,506.00
for the right to connect sewers to and discharge wastewater into
-6-
Eph
those Town sewers which existed before December 1, 1958 and are
located within the July 1, 1950 Town boundaries.
Section D Operation and Maintenance of Town's Sewer System
The Town shall operate and maintain the Town's System and the
District shall reimburse the Town all of the Town's cost of doing so.
Requests for payment and payments shall be made in the manner provided
in Part III C 3.
Section E Administration of Town's Sewer System
1. Tom Obligations - With reference to building sewers,
branches and laterals in the Town's System, the Town shall:
(a) Plan, design and approve designs,
(b) Conduct or recuest that the District conduct, assessment
district proceedings,
(c) Acquire interests in land, and
(d) Contract and inspect, issue permits for construction
and connection, and collect the fees prescribed by the Town
and the District.
2. District Obliaaticns - With reference to the Town's sewer
system, the District shall:
(a) Plan, design and approve designs of mains and trunks,
(b) At the Town's recuest, conduct assessment district
Proceedings to construct building sewers, branches and laterals,
(c) Review the planning and design of building sewers,
branches and laterals for compatibility with the District's
plan for its system, and
(d) Measure the rate of flow, quantity and content of
wastewater as necessary for monitoring compliance of the Town
-7-
and the District with the provisions of this agreement.
3. Cost of Performance - The District shall perform the
District's obligations under Part II E at its own expense, and shall
reimburse the Town for all of the Town's administrative cost of
performing its obligations under Part II E, less amounts which are
chargeable by the Town to applicants for and recipients of sewer
service, and which are retained by the Town. Requests for payment
and payments shall be made in the manner provided in Part III C 3.
PART III. DISTRICT SEWER SYSTEM
Section A Use of the District System;
1. Extent of Use - The Town and the District each have the
continuing right to discharge 'the cuantitvr Of wastewater specified
i
in Parts II A 1 and II A 3 via -The Town's System, into the District's
System. The District has the obligation to receive, treat and
dispose of such wastewater. The District has the ri=ht to increase
the amount cf wastewater discharged into its system from areas not
in the Town cr via sewers other than the Town's System, but must
not increase such discharges to the extent that levels of use
estPblished under the provisions of Parts II A 1 and II A 3 cannot
be maintained.
2. Notice to the District - The Town shall give the District
written notice of increases, including all new Town connections and
expansions of use, in the Town's use of the District System. The
notice may be in the form of copies of sewer connection permits,
delivered to the District within 30 days after issuance.
3. Restriction on Use of District's System - Whenever the
capacity of any sewer, treatment cr disposal facility in the
-8-
District's System essential to the transport, treatment or disposal
of wastewater discharged into the Town's System is fully used,
neither the Town nor the District shall allow any further connections
to (1) that portion of the Town's System which utilizes the fully -used
sewer, treatment or disposal facility, (2) to portions of the
District's System tributary to that portion of the Town's System,
nor (3) to portions of the District's System tributary to the fully -
used sewer, treatment or disposal facility, until additional capacity
is provided.
Section B Construction in District's System
The following agreements concern construction work on the
District System during the term of this agreement:
1. Building Sewers, Branches, Laterals, Mains and Trunks -
Matters of design and construction of all sewers in that part of the
District Area which is outside the Town are subject only to control
by the District.
Construction Work - When additional mains or trunks either
in the Town or leading from the Town to the treatment and disposal
facility are necessary to serve the Town or when it is apparent that
such mains or trunks will become necessary in the reasonably near
future, the District will design and construct them and will pay the
cost cf doing so. Both design and construction of mains and trunks
in the Town and the :canner of making Town recuests for construction
are governed by Part II B 2 of this agreement.
3. Limitation cn Construction Obligation - The District is
not obligated to do construction work under the provisions of any
part of this agreement unless it can obtain money to pay the capital
-9-
cost by reasonable tax levy, sewer service charges, governmental
grants or issuance of general obligation or revenue bonds.
Section C Operation and Maintenance of District Sewers
1. Operation of Sewer System - The District shall operate and
maintain its entire system except that portion of its system which
is within the Town. The Town shall operate and maintain the portion
of the District System which is within the Town.
2. Cost of Operation - The District shall pay the cost of
operating and maintaining its entire system. Within the Town, the
payment shall be in the form of reimbursement to the Town for the
Town's cost.
3. Manner of Payment - Before December 1 each year the Town
shall submit to the District the Town's estimate of the operation
and maintenance cost during the next fiscal year for the portion of
the District System which is in the Town. The District shall pay
one-half of the total estimated by the following August 20 and the
rest by the following January 31.
Whenever an estimate appears to have been too low the Town may
submit a revised estimate and the District shall pav the total
amount of the revised estimate in the manner and at the times
required for payments based on the original estimate. However, if
the revised estimate is submitted after August 20 the District shall
pay one-half of the increase, or if the revised estimate is submitted
after January 31 the District shall pay all of the increase, and
such payments shall be made within 60 days of the date the revised
estimate is submitted.
At the end of each fiscal year when the actual costs of operation
-10-
and maintenance are ascertained the proper party shall make either
a prompt refund or a supplemental payment so that the total paid
will equal the Town's cost.
PART IV. TRANSPORTATION OF WASTEWATER TO
TREATMENT PLANT
Section A Method of Transportation
The District is responsible for transporting all wastewater
produced in the District to a treatment plant. The wastewater may
be transported in the District's System or in the system of another
agency, using contract rights. The District will pay all wastewater
transportation costs.
Section B Use of Trunk and Interceptor Capacity
Reserved for District
The April 1, 1965 contract referred to in Part I A 10 reserves
to the District capacity in the Area X non -collector joint trunk and
interceptor systems. In the exercise of its rights under that or
any functionally similar contract, the District shall only transport
wastewater produced in the District.
Section C Accuisition of Additional Capacity
When additional capacity in the Area X non -collector joint trunk
and interceptor systems is necessary to serve the Town, the District
will take all necessary steps to construct, contract for or otherwise
acauire such capacity. Town requests for additional capacity in
the Area X non -collector joint trunk and interceptor systems shall
be made in the manner provided in Part II B 2, and the limitation on
the obligation to accuire additional capacity is that stated in
Part III B 3.
PART V. TREATMENT AND DISPOSAL OF WASTEWATER
-11-
Section A District Responsibility, and Contracts
The District shall treat and dispose of, or provide for the
treatment and disposal of, wastewater produced in the Town in the
same manner as other wastewater produced in the District, and shall
pay the cost of doing so. The District shall contract with the cities
of San Jose and Santa Clara for treatment and disposal of such
wastewater in the manner now provided in the agreement entitled
AGREEMENT BETWEEN CITIES OF SAN JOSE AND SANTA CLARA AND COUNTY
SANITATION DISTRICT NO. 4 RELATING TO SEWAGE TREATMENT PLANT dated
April 1, 1965.
Section B Use cf Capacity Reserved for District
In the exercise of its rights under the April 1, 1965 contract
referred to in Part V A, the District shall only deliver for treatment
wastewater produced in the District or on the Winery Property.
Section C Accuisition of Additional Capacity
When the full capacity of the treatment or disposal facility
used to process wastewater from the Town (whether reserved by
contract for the use of the District or existing in the form of a
plant owned or partly owned by the District) is reached, or, based
on reasonable projections, is about to be reached, the District will
by contract or other appropriate means promptly provide additional
capacity to meet the needs of the Town and the District. Town
requests for additional treatment and disposal capacity shall be
made in the manner provided in Part II B 2, and the limitation on
the obligation to accuire additional capacity is the same as that
provided in Part III B 3.
PART VI. INTEREST OF TOWN IN DISTRICT ASSETS
Section A Interests in Assets
The District will hold and use all of its assets of every kind
including land, interests in land, facilities, contract rights,
causes of action and money, for the benefit of the entire District,
including the Town, and the Town will derive the same benefits from
the assets as any other part of the District.
Section B Adjustment of Cost Burden of Acquisition of Assets
Under the terms of the contract entered AGREEMENT BETWEEN TOWN
OF LOS GATOS AND COUNTY SANITATION DISTRICT NO. 4 OF SANTA CLARA
COUNTY, CALIFORNIA, dated December 1, 1958 the Town area did not
pay, in the form of service charges, a share of the acquisition cost
of District assets proportional to that paid by areas that were
subject to District service charges. Payment of $358,742.00 by the
Town to the District is appropriate to equalize the cost burden
between the Town area and the rest of the District, and the Town
will pay that amount to the District by June 30, 1977.
PART VII. DISTRICT FEES AND CHARGES ON TOWN
All annexation, frontage, acreage, unit connection fees and
sewer service use charges uniformly applied in the District apply
to transactions in the part of the District which is in the Town,
and to the Winery Property. Where not specifically provided in
this agreement, the District Manager and the Town Director of Public
Works may make such arrangements as they find to be proper and specify
in writing for the Town to collect fees and charges, to pav collections
to the District and to be reimbursed for the cost of collection.
PART VIII. FINANCIAL ARRANGEMENTS FOR
FISCAL YEAR 1976-77
Section A Sewer Service and Use Charges
1. Charges within the Town - The rates of sewer service and
use charges within the Town during the fiscal year 1976-77 shall be
in accordance with the schedule adopted by the Town.
2. Manner and Time of Collection - The manner and time of
collection of sewer service and use charges within the Town during
fiscal year 1976-77 shall be determined by the Town and in general
shall be in accordance with past practice.
3. Disposition of Collections - Sewer service and use charges
collected from users in the Town during fiscal year 1976-77 belong
to the Town.
Section B Payments Due Town and District for Services
Provided During Fiscal Year 1976-77
Payments by Town to District - The Town shall pay the
District an amount equal to the amount of sewer service and use
charges that would have been collected by the District at District
rates from all premises within the Town, had District's sewer service
and use charges been applicable within the Town during fiscal year
1976-77. The Town shall, for the purpose of determining the amount
due the District, make available to the District all data obtained
by the Town for determining the sewer service and use charges levied
by the Town during fiscal year 1976-77.
2. Payments by District to Town - The District shall pay the
Town all amounts due the Town pursuant to the terms of this agreement
commencing with fiscal year 1976-77.
3. Time of Payments - Town shall pay District within 30 days
-14-
of receipt of a statement for the amount due pursuant to Part VIII
B 1. The District shall pay the Town within 30 days of receipt of
a statement for the amount due pursuant to Part VIII B 2.
Notwithstanding the dates of the statements, neither payment is
required to be made before June 1, 1977.
IX. TERM OF AGREEMENT, RIGHTS AFTER TERMINATION
Section A Term of Agreement
This agreement is in effect from July 1, 1976 through June 30,
1986, and is automatically renewed for additional five year periods
unless either party, at least one year before the termination of
the initial period or any additional five year period, 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 July 1, 2001.
Section B Rights After Termination
The provisions of this Part IX B continue in effect after
termination of this agreement and the parties shall then have the
following rights and obligations.
1. Use of Town and District Systems - When this agreement
terminates, the Town and the District shall each have the right to
continue using the sewer system of the other, but shall have no
further right to increase the amount or change the composition of
wastewater discharged into any portion of the system of the other.
2 Payment for Sewer Use - If either party ccntinues to
discharge wastewater into the system of the other, such party shall
pay a portion of the operation and maintenance cost of the other's
-15-
(41,,(p
system based on usage. The amount of the payment will be A -
The calculation shall be performed in the following manner.
The party using the system of the other is the user; the party owning
that system is the owner. A unit is a segment of the owner's sewer
system in which the I proportion is the same (or can readily be
averaged) throughout, and which for the period in question also can
reasonably be considered as a unit in terms of operation and maintenance
cost. A is the owner's total operation and maintenance cost, B is
the annual average rate of the user's wastewater flow, and C is the
annual average rate of all wastewater flow. A, B and C are
established for each unit and a separate amount is calculated for
each unit. The sum of the amounts is the amount of the payment.
3. Payment for Sewer Capacity Use - If the Town continues to
discharge, directly or via the District's system, wastewater into
sewers the District does not own, but which the District has contract
rights to use, the Town shall pay the District an amount equalling
A • C , with A the District's contract cost for the length of sewer
used for Town wastewater, B the annual average rate of Town wastewater
flow and C the annual average rate of District (including Town)
wastewater flow. To the extent possible, District costs will be
calculated by allocating costs to units as in Part IX B 2.
4. Payment for Wastewater Treatment - The Town shall pay the
District for treatment and disposal cost of Town wastewater an amount
equalling A • Bfl , with A the total cost to the District for treatment
Cf2
of wastewater at the facility in question, B the quantity of Town
wastewater treated, C the quantity of District (including Town)
wastewater treated, and f a factor representing the difficulty, in
-16-
terms of cost, of treating the wastewater in question.
5. Fiscal Year Basis - A1l data shall be recorded, and all
calculations and payments shall be made on a fiscal year basis.
6. Offset for Taxes and Charges - Any District revenue from
taxes, excluding bond service, and sewer service and use charges
levied or charged to property in the Town during any fiscal year
when the provisions of Part IX apply shall be an offset against the
Town's obligation to pay the District for sewer system and sewer
capacity use and for wastewater treatment. If the offset for any
year exceeds the Town's obligation for that year, the difference
shall be paid to the Town.
X. MISCELLANEOUS PROVISIONS
Section A Amendments
This agreement is amendable only by means of written instruments
executed with express authorization by the District Board and Town
Council.
Section 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 for in Part IX A until the
joint meeting has been held. The parties waive the statute of
-17-
limitations as to any cause of action which is the subject of the
notification and meeting proceedings required by this Part X B during
the time, not to exceed a reasonable time, required for the notice to
be given and meeting to take place.
Section C Delayed Payments
If either party'fails to make any payment required by the
provisions of this agreement when due, such party shall also pay
reasonable interest on the amount due during the time of the delay.
This Part X C does not authorize any delay in making any payment.
Section D Successors and Assicins
The agreements, covenants, conditions, limitations, restrictions
and undertakings contained in this agreement, subject to the provision=
about assignment, apply to and bind the successors and assigns of
the parties.
IN WITNESS WHEREOF, the parties hereto have executed this aareerner
on the dates set forth beside their signatures, to become effective
May 19, 1977, and the financial arrangements provided herein are to
include the full fiscal year commencing July 1, 1976.
).
Dated: '�'1-`1 t J (1- ; i e/7 g
ATTEST:
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TOWN OF ) /S GATOS
By ,e=-�G
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COUNTY SANITATION DISTRICT NO. 4 Or
SANTA CLARA COUNTY
Dated: ,�2u�, �/2 /��? BY �l%c���=a�,v %�. ,7���
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ATTEST: APP VED AS TO FORAI-
Sdcretary � Y�'`�'`'r`
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Town Council Minutes November•4, 2002
Redevelopment Agency Los Gatos, California
WEST VALLEY SANITATION DISTRICT/AGREEMENT EXTENSION (23.40)
Robert Reid, Executive Director of West Valley Sanitation District, spoke of the upgrades in the
district and how the system in Los Gatos can be upgraded uniformly throughout the community. He
spoke of cleaning out the sewers and what needs to be done over the next year and a half. He noted
the EPA requirements and how the district is prepared to review and implement them. The district
needs time to analyze the new laws before presenting its agreement package to the Town.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council authorize the Town Manager to
negotiate and execute an extension to the current agreement with West Valley Sanitation District to
June 30, 2004. Carried unanimously.
VASONA CORRIDOR/LIGHT RAIL TO LOS GATOS/RESOLUTION 2002-176 (24.31)
Bud Lortz, Director of Community Development, spoke of the corridor coming into Los Gatos and
asked that the report be forwarded to the VTA Board so that the Board knows what the Town has
accomplished and why the light rail to Los Gatos should be a part of the VTA Program. He
emphasized that unless the Board knows that the Town supports this program it will focus the
program's resources in other directions.
Ray Davis asked that the policy statement not be sent to the VTA until after the new council has been
seated. He does not approve of the increased traffic generation due to the Sobrato project and the
proposed VTA extension into Los Gatos.
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-176
entitled, RESOLUTION OF TOWN OF LOS GATOS SUPPORTING THE VASONA TO
VASONA JUNCTION CANDIDATE CORRIDOR AND LIGHT RAIL EXTENSION TO LOS
GATOS, and ask staff to forward the report with a letter from the Mayor to the Chair of the Valley
Transportation Authority Board. Carried unanimously.
BELOW MARKET PRICE HOUSING/FORECLOSURE PROCESS/RESOLUTION 2002-177 (25.39)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-177
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE PURCHASE AGREEMENTS FOR BELOW MARKET PRICE
HOUSING PROGRAM UNITS IN FORECLOSURE AND/OR BANKRUPTCY
PROCEEDINGS AND AUTHORIZING RELATED BUDGET ADJUSTMENTS. Carried
unanimously.
COUNCIL MATTERS (26.28)
Mr. Glickman spoke of the new sub -committee formed by the Santa Clara County Cities Assoc. to
explore legislative initiatives concerning redevelopment housing plans using funds for projects not
within the jurisdiction of the town. He spoke of limiting the use of the funds to specific time periods,
also using the funds for specific projects, and the third use would involve options for increased
flexibility. He would like to recommend the first two options to the committee and the Assoc.
Mr. Attaway noted that Council elections would take place tomorrow and he wished all of the
Council candidates well in their endevors.
MANAGER MATTERS (27.28)
Mrs. Figone reminded Council and audience that November 12, 2002 will be a regular meeting, kept
as short as possible, to be able to hear and study the Town's Housing Policy.
ADJOURNMENT
Mayor Attaway closed this evening's meeting at 8:55 p.m.
ATTEST
Marian V. Cosgrove, Town Clerk
TC: D 13: MM 110402
Town Council Minutes November 4, 2002
Redevelopment Agency Los Gatos, California
WEST VALLEY SANITATION DISTRICT/AGREEMENT EXTENSION (23.40)
Robert Reid, Executive Director of West Valley Sanitation District, spoke of the upgrades in the
district and how the system in Los Gatos can be upgraded uniformly throughout the community. He
spoke of cleaning out the sewers and what needs to be done over the next year and a half. He noted
the EPA requirements and how the district is prepared to review and implement them. The district
needs time to analyze the new laws before presenting its agreement package to the Town.
Motion by Mr. Glickman, seconded by Mrs. Decker, that Council authorize the Town Manager to
negotiate and execute an extension to the current agreement with West Valley Sanitation District to
June 30, 2004. Carried unanimously.
VASONA CORRIDOR/LIGHT RAIL TO LOS GATOS/RESOLUTION 2002-176 (24.31)
Bud Lortz, Director of Community Development, spoke of the corridor coming into Los Gatos and
asked that the report be forwarded to the VTA Board so that the Board knows what the Town has
accomplished and why the light rail to Los Gatos should be a part of the VTA Program. He
emphasized that unless the Board knows that the Town supports this program it will focus the
program's resources in other directions.
Ray Davis asked that the policy statement not be sent to the VTA until after the new council has been
seated. He does not approve of the increased traffic generation due to the Sobrato project and the
proposed VTA extension into Los Gatos.
Motion by Mr. Glickman, seconded by Mr. Blanton, that Council adopt Resolution 2002-176
entitled, RESOLUTION OF TOWN OF LOS GATOS SUPPORTING THE VASONA TO
VASONA JUNCTION CANDIDATE CORRIDOR AND LIGHT RAIL EXTENSION TO LOS
GATOS, and ask staff to forward the report with a letter from the Mayor to the Chair of the Valley
Transportation Authority Board. Carried unanimously.
BELOW MARKET PRICE HOUSING/FORECLOSURE PROCESS/RESOLUTION 2002-177 (25.39)
Motion by Mr. Blanton, seconded by Mr. Pirzynski, that Council adopt Resolution 2002-177
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE PURCHASE AGREEMENTS FOR BELOW MARKET PRICE
HOUSING PROGRAM UNITS IN FORECLOSURE AND/OR BANKRUPTCY
PROCEEDINGS AND AUTHORIZING RELATED BUDGET ADJUSTMENTS. Carried
unanimously.
COUNCIL MATTERS (26.28)
Mr. Glickman spoke of the new sub -committee formed by the Santa Clara County Cities Assoc. to
explore legislative initiatives concerning redevelopment housing plans using funds for projects not
within the jurisdiction of the town. He spoke of limiting the use of the funds to specific time periods,
also using the funds for specific projects, and the third use would involve options for increased
flexibility. He would like to recommend the first two options to the committee and the Assoc.
Mr. Attaway noted that Council elections would take place tomorrow and he wished all of the
Council candidates well in their endevors.
MANAGER MATTERS (27.28)
Mrs. Figone reminded Council and audience that November 12, 2002 will be a regular meeting, kept
as short as possible, to be able to hear and study the Town's Housing Policy.
ADJOURNMENT
Mayor Attaway closed this evening's meeting at 8:55 p.m.
ATTEST
Marian V. Cosgrove, Town Clerk
TC D13:MMI 10402