Item 11 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Assignment, Assumption and Consent Agreement with the West Valley Solid Waste Management Authority, Green Valley Disposal Company, and Guadalupe Rubbish Disposal CompanyCOUNCIL AGENDA REPORT
DATE: March 5, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 3/16/98
ITEM NO.
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT WITH THE WEST
VALLEY SOLID WASTE MANAGEMENT AUTHORITY, GREEN VALLEY DISPOSAL
COMPANY, AND GUADALUPE RUBBISH DISPOSAL COMPANY
RECOMMENDATION:
That the Town Council adopt a resolution authorizing the Town Manager to execute an Assignment, Assumption and
Consent Agreement by and between the Town of Los Gatos, the West Valley Solid Waste Management Authority, Green
Valley Disposal Company, and Guadalupe Rubbish Disposal Company.
BACKGROUND:
On October 1, 1997, the Cities of Campbell, Monte Sereno and Saratoga, and the Town of Los Gatos entered into an
agreement forming the West Valley Solid Waste Management Authority. The purpose of the Authority is to manage and
oversee the collection, disposal, and recycling of solid waste originating in the participating agencies. The first meeting
of the Board of Directors of the Authority, composed of appointed representatives of each of the member agencies, was
held on January 15.
DISCUSSION:
Each of the Authority member agencies have entered into a series of separate, but identical, agreements with Green
Valley Disposal Company and Guadalupe Rubbish Disposal Company for recycling, yard waste collection, refuse
collections, and solid waste disposal within their communities. Each of these existing agreements provide for assignment
to another party provided that all the parties are in agreement with the proposed assignments.
Upon execution of this assignment agreement, the Authority will assume administrative responsibility for managing all
of the existing agreements including performance monitoring provisions and periodically adjusting rates in accordance
with agreements. Town staff will meet regularly with the Authority's Executive Director to facilitate coordination and
integration of all solid waste activities within the community.
Under the Assignment Agreement, the Town of Los Gatos will retain the following rights:
1) The right to require Green Valley Disposal Company to include other fees in its refuse billing as the Town Council
deems appropriate. This will allow the Town to require continued collection of franchise fees and any other fees or
surcharges necessary to fund Solid Waste Management Program costs.
PREPARED BY:
csd34A:\cnclrpts\swmagre. rpt
Regina A. Falk
Community S
Reviewed by: �) Y Attorney
irrctor
Revised: 3/5/98 9:49 am
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT WITH THE WEST
VALLEY SOLID WASTE MANAGEMENT AUTHORITY, GREEN VALLEY DISPOSAL
COMPANY, AND GUADALUPE RUBBISH DISPOSAL COMPANY
March 5, 1998
2) All rights and assurances under the current performance bonds.
3) The right to determine whether any of the agreements should be terminated in the event that Green Valley Disposal
Company or Guadalupe Rubbish Disposal Company defaults on contract performance and fails to cure.
ENVIRONMENTAL ASSESSMENTS:
This project is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Execution of the Agreement will have no fiscal impact on the Town's Operating Budget.
Attachment:
Draft Resolution
Distribution:
Scott Hobson, Hilton, Farnkopf, and Hobson, 2201 Walnut Avenue, Suite 280, Fremont, CA 94538-2334
Gerard Wen, Green Valley Disposal Company, 573 University Avenue, Los Gatos, CA 95032
Jim Zanardi, Guadalupe Rubbish Disposal Company, P.O. Box 20957, San Jose, CA 95160
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AN ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT
WITH THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY,
GREEN VALLEY DISPOSAL COMPANY, AND
GUADALUPE RUBBISH DISPOSAL COMPANY
WHEREAS, the Town of Los Gatos has entered into an agreement entitled
"Agreement between the Town of Los Gatos and Green Valley Disposal Company for
Recycling Services" dated August 8, 1994; and
WHEREAS, the Town of Los Gatos has entered into an agreement entitled
"Agreement between the Town of Los Gatos and Green Valley Disposal Company for
Residential Yard Waste Services" dated August 8, 1994; and
WHEREAS, the Town of Los Gatos has entered into an agreement entitled "Final
Agreement between the Town of Los Gatos and Green Valley Disposal Company for Refuse
Collection Services" dated July 1, 1997; and
WHEREAS, the Town of Los Gatos has entered into an agreement entitled
"Waste Disposal Agreement between Guadalupe Rubbish Disposal Company and the Town of
Los Gatos" dated July 1, 1997; and
WHEREAS, the Town of Los Gatos has entered into an agreement forming the West
Valley Solid Waste Management Authority dated October 1, 1997; and
WHEREAS, the Town of Los Gatos desires to assign and the Authority desires to
assume some of the Town's rights, interests and obligations set forth in those agreements,
NOW, THEREFORE, BE IT RESOLED that the Town Council of the Town of Los
Gatos does hereby authorize the Mayor to execute that agreement entitled "Assignment,
Assumption and Consent Agreement" for solid waste services.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 16th day of March, 1998 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYES:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
a:\resos\cs031698.00
DEPTMENT:
INTERNAL TRACKING
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AGENDA ITEM: /
6//,'
RESO/ORD NUMBER:
DATE
LIST IN BOOK
ON DISC OR SHARE. FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
MAIL TO DISTRIBUTION LIST
NO.of COPIES:
_)
PROOF OF MAILING PREPARED
-�
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILEpo
slip
FILE IN VAULT
CODIFICATION IF ORDINANCE ►
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OFT E OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
6B,-7, )447
RESOLUTIs&
/9 91— it
Date of Adopt: 0—go "' ,r
PUBLICATION REQUIRED:
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS NAMES:
%)10totT/A-4r011.0.,..6..t
Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
s.
Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor(or Chairman) LINDA LUBECK
ORDINANCE
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC; D7: RESO-ORO
RESOLUTION 1998 - 21
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AN ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT
WITH THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY,
GREEN VALLEY DISPOSAL COMPANY, AND
GUADALUPE RUBBISH DISPOSAL COMPANY
WHEREAS, the Town of Los Gatos has entered into an agreement entitled
"Agreement between the Town of Los Gatos and Green Valley Disposal Company for
Recycling Services" dated August 8, 1994; and
WHEREAS, the Town of Los Gatos has entered into an agreement entitled
"Agreement between the Town of Los Gatos and Green Valley Disposal Company for
Residential Yard Waste Services" dated August 8, 1994; and
WHEREAS, the Town of Los Gatos has entered into an agreement entitled "Final
Agreement between the Town of Los Gatos and Green Valley Disposal Company for Refuse
Collection Services" dated July 1, 1997; and
WHEREAS, the Town of Los Gatos has entered into an agreement entitled
"Waste Disposal Agreement between Guadalupe Rubbish Disposal Company and the Town of
Los Gatos" dated July 1, 1997; and
WHEREAS, the Town of Los Gatos has entered into an agreement forming the West
Valley Solid Waste Management Authority dated October 1, 1997; and
WHEREAS, the Town of Los Gatos desires to assign and the Authority desires to
assume some of the Town's rights, interests and obligations set forth in those agreements,
NOW, THEREFORE, BE IT RESOLED that the Town Council of the Town of Los
Gatos does hereby authorize the Mayor to execute that agreement entitled "Assignment,
Assumption and Consent Agreement" for solid waste services.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos held on the 16th day of March, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS:
ABSENT:
ABSTAIN:
ATTEST:
None
None
None
SIGNED:
/s/ Linda Lubeck
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
if44
< GREEN VALLEY DISPOSAL COMPANY, INC.
573 UNIVERSITY AVE. • P.O. BOX 1227 • LOS GATOS, CA 95031-1227 • PH: (408) 354-2100 FAX: (408) 354-2101
Memorandum
Date: March 16, 1998
To: Bill Helms, City of Campbell
Regina Falkner, Town of Los Gatos ✓
Gay Strand, City of Monte Sereno
Paula Reeve, City of Saratoga
From: Phil Couchee
Re: Assignment Agreements
Enclosed you will find the signed assignment agreements.
Printed on Recycled Paper
Sent by: Law Offices Of Jack & Keegan 408 298 0608;
03/13/96 4:16PM;J #960;Page 18/22
ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT
'1T1= is ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT (the
.'Agreement") made as of 1998, by and between the TOWN
OF LOS GATOS (the 'Town"), a municipal corporation, the WEST VALLEY SOLID A Y
WASTE MANAGEMENT AUTHORITY (the "Authority'),
GREEN DISPOSAL COMPANY ("Green Valley), a California corporation, and GUADALUPI?
RUBBISH DISPOSAL COMPANY, ("Guadalupe"), a California corporation.
BEtTAU
A Town entered into an agreement entitled "Agreement Between the Town
of Los Gatos and Green Valley Disposal Company, Inc, for Recycling Services" with
Green Valley for the collection, transportation, processing and marketing of recyclables
within the Town dated August 8, 1994 ("Recycling Agreement''). A copy of this
agreement is on file in the office of the Town Clerk_
B. Town entered into an agreement entitled "Agreement Between the Town
of Los Gatos and Green Valley Disposal Company, Inc. for R,esulential Yard Waste
Services" with Green Valley to recycle segregated yard wastes from residential premises
within Town dated August 8, 1994 ("Yard Waste Agreement'). A copy of this agreement
is on file in the office of the Town Clerk.
C. Town entered into an agreement entitled "Final Agreement Between Town
of Los Gatos and Green Valley Disposal Company, Inc. for Refuse Collection Services"
with Green Valley for the collection, transportation and 'disposal of refuse within Town
dated July 1, 1997 ("Collection Agreement"). A copy of this agreement is on file in the
office of the Town Clerk.
D. Town entered into an agreement entitled "Waste Disposal Agreement
Between Guadalupe Rubbish Disposal Company, Inc. and the Town of Los Gatos" with1,
Guadalupe for the disposition of solid wastecoll
on file in the office of d veithin Town dated �e Town
97
("Disposal Agreement"). A copy of this
Clerk.
E. Authority is an agency created pursuant to Government Code section 6500
et seq. by Town and three other municipal corporations to manage and oversee the
collection, disposal and recycling of solid waste originating in the participating
mnnicipalities.
F. Town desires to assign and the Authority desires to assume some of Town's
rights, interest and obligations set forth in the recycling services agreement, the residential
yard waste services agreement and the refuse collection agreement with Green Valley and
in the waste disposal agreement with Guadalupe. Green Valley and Guadalupe consent
to such assignment and assumption.
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406 298 0608;
03/13/98 4:16PM;je #960;Page 19/22
ORE, in consideration of the foregoing, of the mutual promises
NOW, other good and value consideration the receipt and
of the parties hereto and for1 �� the parties agree as follows:
sufficiency of which are hereby a ow
e EEMEs-T
1. .A eni_�galnirdj"
1.1 . Town does hereby assign, convey,
transfer and deliver and the Authority does hereby assume all rights, title, obligations and
interest in and to the Recycling Agreem
ent except for those rights and obligations
g1ees to be bound by each and every term
$pep$,c�]lyoutlined below. The Authority a the Reg Agreement had
and provision of the Recycling Agr ment as ugh
originally been made, executed, and delivered by the Authority.
lement a rate differential
1.1.1. Town shall retaineright otpha Recycling Agreement.
for
difficult to serve areas as permitted under
1.1.2. Pursuant to section 11.1 of the Recycling Agreement, Town
shall retain the right to require Green Valley to include other fees in its refuse billing
as Town deems appropriate.
1.13. Town shall retain all rights and assurances under the
Performance Bond required by Section 15.1 of the Recycling Agreement.
t to section. 17.4 of the Recycling Agreement, Town
1.1.4. Pursuant
'� Green Valley for any damage to Town
shall retain the right to be reimbursed by
property, including but not limited to Town curbs and streets.
1.1.5. Town shall retain ,ights 18.4 to end terminate of the Rely
Agreement pursuant to sections 18.1, 8.2, 8.3
cling
Agreement.
1.2 Resid ' 1 e . Town does hereby assign,
convey, transfer and deliver and the Authority does hereby assume all rights, title,
obligations and interest in and to the Yard Waste Agreement except for those rights and
and
eifically outlined below. The Authority agrees to be bound by
each pe
obligation sof the Yard Waste Agreement as though the Yard Waste
eveeryry termrand provision been made, executed, and delivered by the Authority.
Agreement had originally
1.2.1. Town shall retain the right to implement a rate differential for
difficult to serve areas as permitted under section 425 of the Yard Waste Agreement,
1.2.2. Pursuant to section 7.11 of the Yard Waste Agreement, Town
r owners for damage to private roadways Mused
shall r al and from ai y passageility o roadways by Green Valley's vehicles.
by normal and customary
2
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408 298 0608;
03/13/98 4:17PM;Jx #960;Page 20/22
12.3 Pursuant to section 11.1 of the Yard Waste Agreement, Iowa
shall retain the right to require Green Valley to include other fees in its refuse billing
as Town deems appropriate.
12.4. Town. shall retain all rights and assurances under the
Performance Bond required by section 15.1 of the Yard Waste Agra
1.2-5. Town shall retain all rights to terminate the Yard Waste
Agreement pursuant to sections 18.1, 182, 183, 18.4 and 18.5 of the Yard Waste
Agreement.
13 $fie CollectionColleetio_Senrica_Agzeeinani. Town does hereby assign,
convey, transfer and deliver and the Authority does hereby assume all rights, title,
obligations and interest in and to the Collection Agreement except
for those bound by each rights
and and
obligations specifically outlined below. The Authority agreesto
beevery term and provision of the Collection Agreement as though the Collection
Agreement had originally been made, executed, and delivered by the Authority.
1.3.1. Town shall retain all rights to receive and adjust any franchise
fees applicable under Section 4.1 of the Collection Agreement.
1.3.2. Town shall retain all rights to receive and adjust any
surcharges applicable under Section 4.2 of the Collection Agreement.
1.1.3. Town shall retain the right to set any other fees necessary
under Section 4.3 of the Collection Agreement.
1.3.4. Town shall retain the right and obligation to direct services
for refuse cleanups in the Town as permitted under Section 5.1.6.1 of the Collection
Agreement.
1.3.5. Town shall retain the right and obligation to designate
Community Cleanup Days as permitted under Section 5.1.6.2 of the Collection Agreement
13.6. Town shall retain the right to determine the ann»l amount
of other jurisdiction surcharges applicable under Section 7352 of the Collection
Agreement.
1.3.7. Green Valley obtained a Performance Bond effective July 1,
Said
1997,the
pursuant to Section n 10.4 Town shallretain '°' tsand fees underce Bond the bond
in the name of the Town.
1,3.8. Town shall retain the right to determine whether the
Collection Agreement should be terminated in the event that Green Valley defaults and
fails to cure such default as permitted under Section 122 of the Collection Agreement.
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1.4 ReSte__Qiiilgall—AgmeMOI. Town does hereby assign, convey,
transfer and deliver and the Authority does hereby assume all rights, title, obligations and
interest in and to the Disposal Agreement. The ,Authority agrees to be bound by each
and every term and provision of the Disposal Agreement as though the Disposal
Agreement had originally been made, executed, and delivered by the Authority.
2. d-gee se
2.1 Green Valley consents to the assignment to the
Authority of the Collection Agreement, the Recycling Agreement and the Yard Waste
Agreement, and hereby releases Town from all obligations thereunder, except those
obligations expressly retained by the Town under this Agreement. By this consent, Green
Valley hereby agrees to indemnify and hold harmless the AuthAgreement,
well17 1 and1°wn
as required by sections 17.1 and 172 of the Recycling
of the Yard Waste Agreement and section 10.1 of the Collection Agreement.
22 Q,tadaiupe. Guadalupe consents to the assignment to the Authority of
the Disposal Agreement, and hereby releases Town from all obligations tbercumder.
3. Successors end Assess
'This Agreement applies to, inures to the benefit of, and binds all parties
to this Agreement and their respective successors, assigns and legal representatives.
4. counterparts
This Agreement may be executed in counterparts, each of which shall be
deemed an original, but which together shall constitute one instrument.
5. Effective,,Date
This assignment set forth above shall be effective as of the date of this
Agreement.
IN WITNESS WHEREOF, the � gned has caused this instrument to be
signed this day of
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Town Council Minutes March 16, 1998
Redevelopment Agency Los Gatos, California
PROJECT 9708-LIBRARY RESTROOMS/PROJECT 9801-BLOSSOM HILL PARK
AMERICANS WITH DISABILITIES ACT ACCESSIBILITY UPGRADES (10.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council continue this item to April
6, 1998 for some minor budget details which need to be resolved. Carried unanimously.
WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY/GREEN VALLEY DISPOSAL
COMPANY/GUADALUPE RUBBISH DISPOSAL COMPANY/RESOLUTION 1998-21 (11.14)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-21
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN ASSIGNMENT. ASSUMPTION AND CONSENT AGREEMENT
WITH THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY, GREEN VALLEY
DISPOSAL COMPANY. AND GUADALUPE RUBBISH DISPOSAL COMPANY. Carried
unanimously.
BUDGET INCREASE FOR SALARIES/RESOLUTION 1998-22 (12.05)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council adopt Resolution 1998-22
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO TRANSFER EXISTING NON POINT SOURCE FUND BALANCE, which authorizes budget
increase of $10,000 for salaries (2224-51100), and $3,000 for benefits (2224-52000) from existing
fund balance of $51,100. Carried unanimously.
PROJECT 9615-BIANNUAL STREET RESURFACING (13.35)
Motion by Mr. Blanton, seconded by Mrs. Benjamin, that Council increase 97/98 project budget
480S9615-85035 by $40,000 from account number 4480-85300. Carried unanimously.
HEARING
LOCAL LAW ENFORCEMENT BLOCK GRANT/RESOLUTION 1998-23/HEARING (15.09)
Mayor Lubeck stated that this was the time and place duly noted for public hearing to consider
adopting resolution authorizing the use of Local Law Enforcement Block Grant Funds to
purchase new firearms for Police Department personnel and authorizing the Town Manager to
execute an agreement with L.C. Action Police Supply to purchase new firearms and rebudget
accounts as outlined in the staff report.
No one from the audience addressed this issue.
Motion by Mrs. Benjamin, seconded by Mr. Attaway, to close the public hearing. Carried
unanimously.
Motion by Mrs. Benjamin, seconded by Mr. Hutchins, that Council adopt Resolution 1998-23
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE USE OF
LOCAL LAW ENFORCEMENT BLOCK GRANT FUNDS FOR THE PURCHASE OF NEW
FIREARMS FOR THE LOS GATOS/MONTE SERENO POLICE DEPARTMENT AND
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT WITH L.C.
ACTION POLICE SUPPLY FOR THE PURCHASE OF THE NEW FIREARMS, and rebudget
accounts as outlined in Fiscal Impact. Carried unanimously.
TC: D10: MM031698
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