Item 16 Staff Report Adopt Resolution Authorizing the Town Manager to Execute Amendment No. 1 to the 1977 Sewer Agreement Between the West Valley Sanitation District and the Town of Los GatosCOUNCIL AGENDA
DATE: 12/2/91
ITEM NO.
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: November 20, 1991
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE 1977 SEWER AGREEMENT BETWEEN THE WEST VALLEY
SANITATION DISTRICT AND THE TOWN OF LOS GATOS
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute Amendment No. 1 to the 1977 Sewer Agreement
between the West Valley Sanitation District and the Town of Los Gatos.
BACKGROUND:
The District Manager/Engineer of the West Valley Sanitation District of Santa Clara County and Town staff
have been working together since June of 1991 on an Amendment to the 1977 Sewer Agreement between
West Valley Sanitation District and the Town of Los Gatos for construction and maintenance of our waste
water system. Town staff and the District Manager/Engineer are in agreement with the amendment. Legal
Council for the District and the Town Attorney have approved the amendment as to form, and the District
Board approved the Amendment at their November 13, 1991 meeting.
DISCUSSION:
Adoption of the attached Resolution will allow the Town Manager to execute Amendment No. 1 to 1977
Sewer Agreement between the West Valley Sanitation District and the Town. This Amendment will bring the
Town into conformance with current practices and procedures. Upon approval of the Council, an executed
and dated original will be returned to the District.
FISCAL IMPACT:
Town Engineering staff will no longer be required to perform design and inspection functions related to
public sewers. These tasks will be performed by the staff of West Valley Sanitation District. During the
1992/93 budget process, we will evaluate this impact as it relates to our overhead rate.
PREPARED BY: SCOTT R. BAKER, Director
of Building & Engineering Svcs.
5R8:MLR:lkj
L20\cncl rpts\sewragrm.pfm
MICHAEL LaROCCA, Director
of Parks, Forestry and Maintenance Svcs.
11/20/91 5:02 pm
File #
ATTACHMENTS: 1. Resolution
2. 1977 Sewer Agreement
3. Amendment No. 1 to 1977 Sewer Agreement
DISTRIBUTION: West Valley Sanitation District, 100 East Sunnyoaks Ave., Campbell, CA 95008
Reviewed by: r_.:'. Attorney Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE 1977 SEWER AGREEMENT
BETWEEN WEST VALLEY SANITATION DISTRICT AND
THE TOWN OF LOS GATOS
WHEREAS, West Valley Sanitation District gave written notice that they wished to
amend the existing agreement as spelled out under the Terms of Agreement Section A of
the 1977 Sewer Agreement.
WHEREAS, the West Valley Sanitation District and Town Staff have met since June
of 1991 and agreed upon the recommended changes to the Agreement on November 7,
1991.
WHEREAS, the West Valley Sanitation District Board has approved the amendment
at their November 13, 1991 meeting.
RESOLVED: that the Town Manager be authorized to execute Amendment No. 1
to the 1977 Sewer Agreement between West Valley Sanitation District and the Town of Los
Gatos on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the day of 1991, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
A I'EST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
L20\cncl rpts\sewragrm.pfm
ATTACHMENT 1
RESOLUTION 1991-266
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE 1977 SEWER AGREEMENT
BETWEEN WEST VALLEY SANITATION DISTRICT AND
THE TOWN OF LOS GATOS
WHEREAS, West Valley Sanitation District gave written notice that they wished to
amend the existing agreement as spelled out under the Terms of Agreement Section A of
the 1977 Sewer Agreement.
WHEREAS, the West Valley Sanitation District and Town Staff have met since June
of 1991 and agreed upon the recommended changes to the Agreement on November 7,
1991.
WHEREAS, the West Valley Sanitation District Board has approved the amendment
at their November 13, 1991 meeting.
RESOLVED: that the Town Manager be authorized to execute Amendment No. 1
to the 1977 Sewer Agreement between West Valley Sanitation District and the Town of Los
Gatos on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 2nd day of December 1991, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Mayor Eric D. Carlson,
and Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Eric D. Carlson
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
A'flEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
L20\cncl rpts\sewragrm. pfm
n
7.177.17P.TCT 4 - LOS G.T.77:73
1977 SEWER AGREEMENT
17/, 166
ATTACHMENT 2
TABLE OF CONTENTS
PART SECTION PAGE
I GENERAL PROVISIONS 1
I A DEFINITIONS 1
1. Town Sewer System 1
cE, er
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
3. 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
1.
Sewers, Branches and
6
2. Mains ai...i Trunks
3. Cost of Construction 6
II C PAYMENT FOR RIGHT TO USE EXISTING SEWERS 6
I I D OPERATION AND MAINTENANCE OF TOWN'S 7
SEWER SYSTEM
II E ADMINISTRATION OF TOWN'S SEWER SYSTEM 7
1. Town Obligations 7
2. District Obligations 7
3. Cost of Performance 8
III DISTRICT SEWER SYSTEM' 8
III A 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
1. Building Sewers, Branches, Laterals,
Mains and Trunks 9
2. Construction Work 9
3. Limitation on Construction Obligation 9
III C OPERATION AND MAINTENANCE OF DISTRICT SEWERS 10
TABLE OF CONTENTS
PAGE
PART SECTION
III
C 1, Operation.of Sewer System 10
2. Cost of Operation 10
3. Manner of Payment 10
IV TRANSPORTATION OF WASTEWATER TO 11
TREATMENT PLANT
11
IV BUSE OF TRUNK AND INTERCE2TOR CAPACITY RESERVED FOR DISTRICT 11
IV C
ACQUISITION OF ADDITIONAL CAPACITY 11
V
TREATMENT AND DISPOSAL OF WASTEWATER 11
✓ A DISTRICT RESPONSIBILITY,
AND CONTRACTS 12
✓ B
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 B ADJUSTMENT OF COST BURDEN OF ACQUISITION 13
OF ASSETS
VII DISTRICT FEES AND CHARGES ON TOWN
13
VIII FINANCIAL ARRANGEMENTS FOR FISCAL YEAR 14
1976-77
VIII A SEWER SERVICE AND USE CHARGES
14
1. Charges within the Town
14
2. Manner and Time of Collection
14
3. Disposition of Collections
14
VIII B PAYMENTS DUE TOWN AND DISTRICT FOR SERVICES 14
PROVIDED DURING FISCAL YEAR 1976-77
1. Payments by Town to District
14
TABLE OF CONTENTS
PAGE
PART SECTION
VII I
B 2. Payments by District to Town 14
3. Time of Payments 14
IX TERM OF AGREEMENT, RIGHTS AFTER TERMINATION 15
- TE R,R r• F AG t'E E""ENT 15
__
1. Use of Town and DIstric z. 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 AMENDMENTS17
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
_onst_�._ dhv t' e
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.
S. Sewer - Sanitary sewer (as distinguished from storm sewer)
including conduit, manholes, vertical risers, cleanouts, and other
appurtenances.
(a) Building 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
I l.'
7 : ^ c
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 treatment 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 paid in the course of, cr
because cf 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 condemnation
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
c - _..._t and collecti: , fees and
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 BETWEEN CITIES OF SAN JOSE AND SANTA CLARA AND
COUNTY SANITATION DISTRICT NO. 4 RELATING TO SEWAGE TREATMENT PLANT
or any 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
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
of s "co.^.str _;:ted_, b " t1.,ace"_r'_ which ow', __ i1... _ ,
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 1958 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
7
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
s-.. _ _. iv -we'- , or
r e
is a s_lbsta_. i_._
in the manner in
s_on.
3. Increase in Discharge - 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.
S. 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 given 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 prohibit such discharge by
any user of the System.
Section B Sewer Construction in the Town
The following agreements concern construction work in the
and construction of building sewers, branches and lateral::. 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. 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 by the District. Town
requests 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 to build the mains and trunks necessary
to convey wastewater which may, under the terms of this agreement,
be 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 -rains and trunks.
Section C Payment for Right to Use Existing 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
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.
R` s - �?' ^t and payments shall "7e mau_ in the manner pro? Med
Section E Administration of Town's Sewer System
1. Town 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 request 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 Obligations - 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 request, 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
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
char .._' b - t' c -:o Yc._._.ts r'or and recipients of sewer
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 quantity of wastewater specified
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 right to increase
the amount of wastewater discharged into its system from areas not
in the Town or via sewers other than the Town's System, but must
not increase such discharges to the extent that levels of use
established 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 or disposal facility in the
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
to that portion of the Town's System,
;Do_ Distr
s System tributary to t e
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. Buildina 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.
2. 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 of doing so. Both design and construction of mains and trunks
in the Town and the manner of making Town requests for construction
are governed by Part II B 2 of this agreement.
3. Limitaticn 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, 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
L:hin the Town.
The Town shall operate and maintain '-ne portion
C 1_12 Distri - S;Jst "time.n is w______ tn_ 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 pay the total
amount of the revised estimate in the manner and at the times
recuired 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
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 al
`.: _ t to a --..7-_-,a=ant
wastewater
.Life w ati _evv. =;,_ r .. ,_.
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 Acquisition 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 ste:s to construct, contract for or otherwise
acquire 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 acquire 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 t}
treatment and disposal of, wastewater produced in the Town in the
same manner as other wastewater produced in the District, and sh-
pay the cost of doing so. The District shall contract with the c ties
f _ o_ such
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 of 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 acquire additional capacity is the sane 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,
i - c1udirg the T;,wn will der_ 'e t e �.-._ benefits from
asset r,--...a_ _ the D s _.
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 amply
to transactions in the part of the District which is in the Tear,
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 pay 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.
- The n'""
c
service _ cnar;a. within ._- Town G:,._n-
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
1. 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 ccllected 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
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 • ` 7-- :GF:_ =7' PI _.=TS 7._.E?. -- • •"_=
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 Riahts 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 continues to
discharge wastewater into the system of the other, such part~ shall
pay a portion of the operation and maintenance cost of the other's
system based on usage. The amount of the payment will be A •
C'
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 B proportion is the same (or can readily be
�n_o° q.'._ a}, w'n r.'n 'or the period in c- as __on 3io can
- be cc: e_- tea_.Tr. o_ .- _ __"...-
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 • , 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
terms of cost, of treating the wastewater in question.
5. Fiscal Year Basis - All 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
or c .r--
-r� _ n t e Town during any fiscal year
:x asc _ shall be an offset acainst 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' coverninc 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
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
-• _ `__h _ p a _ �r a 4 3 o _ c .
TOWN OF/ OS GATOS
r *-
provi ..Jns of this agreement when due, such party snail 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 Assigns
The agreements, covenants, conditions, limitations, restrictions
and undertakings contained in this agreement, subject to the provisionE
about assignment, apply to and bind the successors and assigns of
the parties.
IN WITNESS WHEREOF, the parties hereto have executed this agreemen
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
/ �� 4-.(
ATTEST:
T
Dated: )/Y? � . . e 2 / 9/2 7
By t c./r --7,t.'
By /�Ct" ��✓�,�`��
ttorney
COUNTY SANITATION DISTRICT NO. 4 OF
SANTA CLARA COUNTY
'/
v
ATTEST:
Sc::c:'e_ terry
APPWDVED JAS TO FOR'•1:
i
District Counse j
11/6/91
AMENDMENT N0. 1 TO 1977 SEWER
AGREEMENT BETWEEN THE WEST VALLEY
SANITATION DISTRICT
AND THE TOWN OF LOS GATOS
This Amendment to Agreement is made and entered into this day
of , 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
ATTACHMENT 3
(f) 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) Plumbing 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
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
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
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, exce?t 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: TOWN OF LOS GATOS
KATHERINE ANDERTON
Town Attorney
APPROVED AS TO FORM:
, ` l'^
7 DISTRR'CT COUNSEL ?/_,;x,:i,�
pfm007:a;\contract\amendt ig.doc
Revised 11/7/91 5
By:
TOWN MANAGER
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
WEST VALLEY SANITATION
DISTRICT OF SANTA CLARA CO.
By:
Title: Chairperson of the
Board of Directors
100 East Sunnyoaks Avenue
Campbell, CA 95008
Telephone (408) 378-2407
December 2, 1991
Los Gatos, California
AMICUS BRIEF/YEE V. CITY OF ESCONDIDO
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council authorize participation in the
above -referenced case at no cost to the Town. Carried unanimously.
UNIVERSITY AVE 634/REICH/FEE REFUND
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council grant a fee refund in the
amount of $1,450. Carried unanimously.
DIRECTOR OF PUBLIC WORKS/TOWN CODE SEC 2-7(b)/RESOLUTION 1991-261
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991-261
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPOINTING THE TOWN
MANAGER AS ACTING DIRECTOR OF PUBLIC WORKS FOR THE PURPOSE OF
PERFORMING THE RESPONSIBILITIES SET FORTH IN TOWN CODE SECTION 2-7(b).
Carried unanimously.
9211 PROJECT/TRAFFIC SIGNAL/WIMBLETON AND WINCHESTER/RESOLUTION 1991-262
RESOLUTION 1991-263
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991-262
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH THE SANTA CLARA COUNTY TRAFFIC AUTHORITY FOR
THE ADMINISTRATION OF THE SIGNALIZATION OF WIMBLETON DRIVE AND
WINCHESTER BOULEVARD. Carried unanimously.
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991-263
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING PLANS AND
SPECIFICATIONS FOR PROJECT 9211 SIGNALIZATION OF WIMBLETON DRIVE AND
WINCHESTER BOULEVARD.
MID -PENINSULA HOUSING COALITION/ASSIGNMENT AND ASSUMPTION AGREEMENT
RESOLUTION 1991-264
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991-264
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
RATIFICATION OF THE MID -PENINSULA HOUSING COALITION ASSIGNMENT AND
ASSUMPTION AGREEMENT AND ESCROW INSTRUCTIONS. Carried unanimously.
CRIMINAL APPREHENSION PROGRAM/OCJP GRANT APPLICATION/(C-CAP)
RESOLUTION 1991-265
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991-265
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO A C-CAP GRANT AWARD AGREEMENT. Carried unanimously.
SEWER AGREEMENT/WEST VALLEY SANITATION DISTRICT/RESOLUTION 1991-266
Motion by Mr. Blanton, seconded by Mr. Ventura, that Council adopt Resolution 1991-266
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AMENDMENT NO.1 TO THE 1977 SEWER AGREEMENT
BETWEEN WEST VALLEY SANITATION DISTRICT AND THE TOWN OF LOS GATOS.
Carried unanimously.
TC:D2:MM120291 2