Item 29 Staff Report Adopt Resolution Authorizing Town Manager to Execute Agreement with West Valley Sanitation District for Cleaning a Portion of Storm Drain System (Continued from May 4, 1992)TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: May 14, 1992
TO: MAYOR AND TOWN COU CIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 5/18/92
ITEM NO.
e�r
-°°
ADOPT RESOLUTION AUTHORIZING TOWN MANAGER TO EXECUTE AGREEMENT
WITH WEST VALLEY SANITATION DISTRICT FOR CLEANING A PORTION OF STORM
DRAIN SYSTEM (CONTINUED FROM MAY 4, 1992)
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to enter into an agreement with the West Valley Sanitary
District (WVSD) for inspecting and cleaning a defined section of Los Gatos storm drain system.
BACKGROUND:
This item was considered at the May 4, 1992 Council meeting. Please refer to Item #15 of that meeting.
The 1990 Clean Water Act requires the Town of Los Gatos to satisfy various conditions related to the
National Pollution Discharge Elimination System (NPDES) permit including routine maintenance. The Town
has not yet been able to initiate a routine cleaning and maintenance program of the storm drain system.
Council was concerned about the insurance policy of WVSD not following Town policy for contractors.
DISCUSSION:
The Town is not well equipped to perform this work and with the resignation of Dan Elam,,no staff member
is currently proficient in water testing analysis and illicit connection detection. At the last meeting,Council
requested additional information regarding the WVSD refusal to name the Town as an additional insured on
its insurance policy. WVSD's attorney indicated a preliminary willingness to do so, provided the Town also
named WVSD on its policy for purposes of insuring against matters for which the Town retains responsibility.
Thereafter, WVSD director informed the Town Attorney that WVSD has no insurance for the storm drainage
system work to be performed under the proposed agreement. WVSD anticipates adding this type of work
to their coverage upon implementation of the master agreement requesting such services.
PREPARED BY:
(Continued on Page 2)
SCOTT R. BAKER
Director of Building and Engineering Services
SRB:1kj
L27\cncl rpts\wvsd. ctd
ATTACHMENTS: See Page 2 for list of attachments.
DISTRIBUTION:
Reviewed by: tric Attorney Clerk
5/14/92 10:45 am
File #
Bill Gissler, Manager/Engineer, West Valley Sanitary District, 100 East Sunnyoaks
Avenue, Campbell, CA 9 408
AMP
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: AUTHORIZE THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH THE WEST
VALLEY SANITATION DISTRICT FOR INSPECTING AND CLEANING A PORTION OF THE
STORM DRAINAGE SYSTEM
May 14, 1992
CONCLUSION:
The WVSD can provide cost-effective services necessary for compliance with current fiscal year NPDES
permit requirements.
FISCAL IMPACT:
$3,000 from CIP Account Number 014-470-8306.
TO: MARIAN V. COSGROVE, TOWN CLERK
FROM: SCOTT BAKER, DIRECTOR OF BUILDING AND ENGINEERING SERVICES S
DATE: MAY 19, 1992
SUBJECT: AGREEMENT WITH WEST VALLEY SANITATION DISTRICT FOR CLEANING A
PORTION OF THE STORM DRAIN SYSTEM
Attached is a copy of an agreement with the West Valley Sanitation District for inspecting and cleaning of
the storm drainage system in a portion of Los Gatos.
Please have the Town Manager sign this agreement, for transmittal to West Valley Sanitation District.
Attachment
SRB:ms
EN12\MEMOS\TRANS
4/29/92
AGREEMENT RELATING TO INSPECTING AND CLEANING OF STORM
DRAINAGE SYSTEM IN A PORTION OF LOS GATOS
AGREEMENT, made by West Valley Sanitation District of
Santa Clara County, hereinafter referred to as "District,"
and the Town of Los Gatos, hereinafter referred to as
"Town."
RECITALS:
A. The Town, to be in compliance with the 1990 Clean
Water Act and to fulfill its obligations under the
National Pollutant Discharge Elimination System
Permit issued by the California Regional Water
Quality Control Board, is required to develop a
comprehensive storm water management program which
includes a routine cleaning and maintenance of its
existing storm sewer systems.
B. The District, being experienced and equipped to
inspect and clean sewage pipes and system
facilities, proposes to inspect and clean a
portion of the Town's storm system, under a pilot
program to determine the extent of work and the
resources required for a full program.
C. The Town and the District have identified a pilot
program area in the vicinity of University Avenue
and Blossom Hill Road, and southerly thereof to
Andrews Street. The area, consisting of
commercial and residential properties, is shown on
Exhibit Map A, dated March 27, 1992.
IT IS THEREFORE AGREED AS FOLLOWS:
A. SCOPE OF WORK
1. The District by field inspection will locate
all storm drains, manholes, and outfall
structures within the public right-of-way in
the pilot area. The District will map these
facilities on its sanitary sewer location
maps at a scale of 1" = 100'.
2. The District will inspect all storm drains
and manholes within the public rights -of -way
in the pilot area. Catch basins and manholes
containing debris will be cleaned.
Connecting laterals and mains will be
visually inspected by mirror and flashlight.
3. The District will prepare an inspection
report on each facility, noting the cleaning
work that was done, if any, and the condition
of the facility after cleaning. If flow is
found, its quantity will be estimated and
source identified if possible. Sources of
flow not identified will be noted for further
investigation by television inspection and/or
adjacent public property inspection.
Television inspection of sewers will only be
performed upon mutual concurrence of both
Town and District.
4. The District will maintain records of
personnel and equipment time expended to
perform the inspections, cleaning, and report
preparation. This information will be used
in preparing a Town -wide program.
5. The Town will assist the District by
providing available mapping and historic
maintenance information on the storm drainage
system. Should special traffic control or
other public safety measures be required, the
Town will provide them or assist the
District.
6. The Town will perform inspections of storm
drainage systems on private property. The
District will assist the Town to identify
sources of flow. The Town will notify
private property owners of illegal flow and
corrective action to be taken.
B. SCHEDULE OF WORK
The District will perform the inspection and
cleaning work within the public right-of-way
during May, 1992. The report preparation will be
done concurrently but may not be finalized until
June, 1992. Special investigations of
unidentified and/or illegal flows may require
longer.
C. COMPENSATION
The Town will compensate the District on a time
and materials basis at the following hourly rates.
(The rates for labor are comprised of hourly wages
and employer -paid benefits. They do not include
district administrative overhead, such as
utilities, insurance, etc.)
Labor
Maintenance Superintendent
Maintenance Supervisor
Maintenance Leadworker
Clerical staff
Engineering Technician
Equipment
Vactor unit
Pickup truck
Dump truck
TV unit
Water truck
$52.26
40.95
36.70
28.02 - 46.60
26.98
$45.00
7.50
12.50
30.00
35.00
The District estimates the basic work of inspection,
cleaning, and reporting can be done in the pilot area
at a cost not to exceed $3,000.
Television inspection and special investigation of
flows or damaged facilities are not included in the
above estimate.
IN WITNESS WHEREOF, the parties have executed this agreement
this day of
1992.
WEST VALLEY SANITATION DISTRICT
OF SANTA CLARA COUNTY, CALIFORNIA
By:
WILLIAM A. GISSLER
DISTRICT MANAGER/ENGINEER
TOWN OF LOS GATOS
By:
a:np-tlg
4/29/92
DAVID KNAPP
TOWN MANAGER
OAK MEADOW
PARK
LOS GATOS NON -POINT SOURCE
PILOT AREA
EXHIBIT MAP 'A'
MARCH 27, 1992
'EXHIBIT B
ICW GRO;
COMMERCIAL GENERAL LIABILITY
POLICY NUMBER =emu
CSR 117 4752 01
PIA40ifl ! PREVIOUS COVERAGE ;COVERAGE IS BEING PROVIDED IN THE AGENCY = P
12/31/91 - 12/31/92 CSR 117 4752 INSURANCE COMPANY OF THE WEST
NAMEtNSUREDANDADDRESS
CALIFORNIA SANITATION RISK MANAGEMENT AUTHORIT
PRLHARY INSURANCE PROGRAM
(PLEASE SEE UND 0095A y2 AS RESPECTS MEMBERS)
P.O. BOX 7601
SAN FRANCISCO, CA 94120-7601
2854
1AGENT ..
S.J. PETR=.KIS INSURANCE SERVICES, INC.
555 CALIFORNIA STREET
SUITE 1800
SAN FRANCISCO, CA 94104
COMMERCIAL GENERAL LIABILITY DECLARATIONS
: "X" IF SUPPLEMENTAL DECLARATIONS IS ATTACHED
LIMITS OF INSURANCE:
PREMISES -OPERATIONS (OTHER THAN PRODUCTS -
COMPLETED OPERATIONS)
PERSONAL & ADVERTISING INJURY LIMIT
FIRE DAMAGE LIMIT
MEDICAL EXPENSE LIMIT
GENERAL AGGREGATE LIMIT (OTHER THAN PRODUCTS -
PRODUCTS -COMPLETED OPERATIONSE I ED OPERATIONS)
DEDUCTIBLE LIABILITY INSURANCE:
COVERAGE
S 1,000,000. EACH OCCURRENCE
$ 1,000,000.
S 50,000.
S 5,000.
EACH OCCURRENCE
ANY ONE FIRE
ANY ONE PERSON
S 2, 000, 000. AGGREGATE
$ 1,000,000. EACH OCCURRENCE
$ 1,000,000. AGGREGATE
AMOUNT
BASIS OF DEDUCTIBLE
BODILY INJURY LIABILITY $
PROPERTY DAMAGE LIABILITY $
MEDICAL PAYMENTS $
BODILY INJURY LIABILITYAND $
PROPERTY DAMAGE LIABILITY AND
MEDICAL PAYMENTS COMBINED
* AS PER INDIVIDUAL MEMBER DECLARATION (UND 0474 12/90)
*
*
*
*
PER 0.10U51 OCCURRENCE
PER =.KAIM OCCURRENCE
PER ZY.X.251 OCCURRENCE
PER reZAIZI OCCURRENCE
FORMS APPLICABLE TO THIS COVERAGE:
CO 0001 (11/88), UND 0330 (11/91), CG 2147 (09/89), UND 0471 (04/91), CG 2150 (09/89),
UND 0192 (03/90), CO 2409 (11/85), CG 2100 (11/85)-3, CG 2134 (01/87)-1, UND 0352 (04/87),
UND 0360 (04/91)-2, UND 0361 (04/91)-5, UND 0095A #31 - #34
UND0317(3-88)
PAGE 1 OF 2
POLICY NUMBER
CSR 117 4752 01
MEMBER: EFFECTIVE DATE: 12/31/91
WEST VALLEY SANITATION DISTRICT OF SANTA CLARA COUNTY
CCMMERCIAL PROPERTY
ENDORSEMENT 079
Il :JRANCE COMPANY OF , i3E WEST
EFFECTIVE: 12/31/91
I AGENCY NUMBER
POLICY PERICD
FROM: 12/31/91 TO: 12/31/92
2854
SCHEDULE OF COVERAGE
'325.000.
$130,000.
NOT APPLICABLE
COMMERCIAL INLAND MARINE
S113.0p�
$ 25,000.
$163,937.
NOT APPLICABLE
$ 81,320.
COMMERCIAL GENERAL LIABILITY
Deductible:
Additional Forms:
COMMERCIAL CRIME
NOT APPLICABLE
COMMERCIAL AUTO
Deductible:
Additional Forms:
Uninsured Motorist (BI Only):
Underinsured Motorist (HI Only):
Medical Payments:
ACV Comprehensive
Deductible:
ACV Specified Perils
Deductible:
ACV Collision
Deductible:
UND0474 (12-90)
Blanket Building
Blanket Contents
Extra Expense
Deductible: S 1, 000 .
Valuable Papers
Deductible: S I.000 .
Accounts Receivable
Equipment Floater
Deductible: $1,000.
EIectronic Data Processing Equipment
Deductible:
Miscellaneous Property Floater
Deductible: $1,000.
$2,500. PROPERTY DAMAGE
Employee Dishonesty
Deductible:
-0-
Accepted X S 60 000 Rejected
Accepted X $ 60,000. Rejected
$5,000. (SCHEDULED)
$ 500. (SCHEDULED)
$1,000. (SCHEDULED)
$ 500. (SCHEDULED)
$1,000. (SCHEDULED)
RECEIVED
MAR 1 2 1992
vvvSD
ICW GROUP
POLICY ,NUMBER
CSR 117 4752 01
7-1310,4
COMMERCIAL PACKAGE POLICY
k5Lic/PElot
7d 1 PREVIOUS COVERAGE' COVERAGE IS BEING PROVIDED IN THE i AGENCY .'• P
12/31/91 — 12/31/92 1 CSR 117 4752
NAME INSURED AND ADDRESS
INSURANCE COMPANY OF THE WEST
2854
CALIFORNIA SANITATION RISK MANAGEMENT
AUTHORITY / PRIMARY INSURANCE PROGRAM
(PLEASE SEE UND 0095A f2 AS RESPECTS MEMBERS)
P.O. BOX 7601
SAN FRANCISCO, CA 94120-7601
AGENT
S.J. PETRAKIS INSURANCE SERVICES, INC.
555 CALIFORNIA STREET
SUITE 1800
SAN FRANCISCO, CA 94104
COMMON POLICY DECLARATIONS
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
POLICY
PERIOD: FROM
12 / 31 / 91
12:01 A.M. STANDARD TIME AT YOUR
TO 12 / 31 / 92 MAILING ADDRESS SHOWN ABOVE.
FORM OF
BUSINESS:
INDIVIDUAL CORPORATION PARTNERSHIP
X OTHER: PUBLIC ENTITY
JOINT VENTURE
BUSINESS DESCRIPTION:
SEWER/WATER DISTRICT
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A
PREMIUM IS INDICATED. THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
COMMERCIAL PROPERTY COVERAGE PART
COMMERCIAL INLAND MARINE COVERAGE PART
COMMERCIAL CRIME COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL LIQUOR LIABILITY COVERAGE PART
OP
PREMIUM SHOWN S 336,918.
IS PAYABLE AT INCEPTION
LAC
(UND 0316 06/86)
(UND 0321 06/86)
(UND 0317 03/88)
(CA 0002 12/90)
ESTIMATED ANNUAL PREMIUM
C.I.G.A.
TOTAL PAYABLE PREMIUM
MINIMUM EARNED PREMIUM
:PREMIUM:
INCLUDED
INCLUDED
EXCLUDED
INCLUDED
INCLUDED
EXCLUDED
336,918.
992.
337,910.
84,230.
UND0315(6-86 PAGE 1 OF 2
144ie
RESOLUTION 1992-99
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH WEST VALLEY SANITATION
DISTRICT FOR CLEANING A PORTION
OF THE STORM DRAIN SYSTEM
WHEREAS, it is the intention of the Town of Los Gatos to enter into an agreement
with West Valley Sanitation District for cleaning a portion of the storm drain system.
BE IT RESOLVED, by the Town of Los Gatos, State of California, that the Town
Manager is authorized to enter into an agreement with West Valley Sanitation District to
clean a portion of the Town's storm drain system in the form attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council held on the
18th day of May, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Brent N. Ventura, and
Mayor Eric D. Carlson
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Eric D. Carlson
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
L26\cncl rpts\wvsd. bid
May 18, 1992
Los Gatos, California
Jack Cole, 14685 Oka Road, indicated that the present Los Gatos Rent Ordinance was not in
compliance with "Keren" because there are pass throughs in the Ordinance. If the pass through
are illegal today, then Mr. Cole feels, they were illegal in 1984.
Mayor Carlson clarified that it was not just vacancy control that people where interested in, but
also the pass through.
Sue Fish explained why RAC had separated the "pass through" from "vacancy control". She
stated that there are obvious problems with vacancy control that is urgent and needs fixing. Pass
through will require a legal analysis.
Motion by Mr. Ventura, seconded by Mr. Attaway, that both issues be set for a hearing before
the appropriate body as soon as possible. Carried unanimously.
STORM DRAIN MAINTENANCE/WEST VALLEY SANITATION DISTRICT (29.37)
Motion by Mrs. Benjamin, seconded by Mr. Ventura, that Council adopt Resolution 1992-99 entitled,
RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH WEST VALLEY SANITATION DISTRICT FOR CLEANING A PORTION OF
THE STORM DRAIN SYSTEM.
CITY OF SAN JOSE/NEGATIVE DECLARATION/LANDFILL BUSINESS TAX INCREASE.(29A.
Motion by Mrs. Benjamin, seconded by Mr. Ventura, to authorize the Town Manager to prepare
a letter to the City of San Jose commenting on proposed negative declaration done in
conjunction with the landfill business tax increase and that the letter be faxed due to the time
constraints of ten days to protest the action. Carried unanimously.
MEETINGS/OPEN AND PUBLIC/TOWN POLICY (30.10)
Mr. Blanton gave a synopsis of the committee report and the recommendations which were
submitted by himself and Mr. Ventura.
Town Attorney, Kate Anderton, explained the contrast between a semi adjudicatory decisions
and legislative decisions that the Council addresses.
Mayor Carlson and Council Member Ventura indicated that a statement was needed on the
policy that says that the Council will not participate in discussions with a third party.
By consensus, Mayor Carlson added to Item number three (3) of the policy "in addition....
Council Members shall refrain from discussions with third parties if that discussion involves
representation of votes of how one or more Council Members may vote.
Mrs. Benjamin indicated her concerns about sitting on non profit organization Board of
Directors and stated that policy has been that it would be a conflict of interest.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, that item number five be added to the
Policy Statement to read: "Council Members may not sit on Boards of Directors of non profit
organizations which receive funding or in kind contributions from the Town." Carried
unanimously.
TC: D3: MM051892
10