Item 13 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Agreement Forming a West Valley Solid Waste Management Joint Exercise of Powers AuthorityMEETING DATE: 9/15/97
ITEM NO.
COUNCIL AGENDA REPORT
DATE: September 9, 1997
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
/.3
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT FORMING A WEST VALLEY SOLID WASTE MANAGEMENT JOINT
EXERCISE OF POWERS AUTHORITY.
RECOMMENDATION:
Adopt the attached resolution authorizing the Town Manager to execute an agreement forming a West Valley Solid
Waste Management Joint Exercise of Powers Authority.
BACKGROUND:
Last March, the City Councils of Campbell, Los Gatos, Monte Sereno and Saratoga each directed their staff to prepare
an agreement to form a Joint Powers Agreement. (Attachment 1 provides further background information.)
Since then, the cities have completed negotiations and executed new solid waste collection and disposal agreements.
The new agreements, for the first time, include performance standards to assure that the fixed rate funding structure
would not result in disincentives to providing quality services. Thus, the agreements require attention to monitoring
performance in a coordinated manner. Further, the new agreements will expire in 2007; the cities will benefit from
having an informed and functioning governing board in place to define and supervise the process of selecting collection
and disposal service providers in anticipation of that date. Yard waste and Recycling Agreements expire in 2003.
DISCUSSION:
The recently adopted agreements with Green Valley Disposal Company and Guadalupe Rubbish Disposal Company
for solid waste collection and disposal services as well as the existing agreements for recycling and yard waste can be
jointly administered by the proposed JPA on behalf of the four member agencies. The consolidation of administration
can reduce the total amount of staff time dedicated to this activity while retaining the individual service requirements
of each City.
The new process for adjusting customer base rates is CPI formula driven but also provides for annual adjustment of each
city's surcharge fees according to individual need. (The surcharge fees provide a funding source to the cities to pay for
the Household Hazardous Waste Program and solid waste administrative expenses.) The proposed JPA Board can
annually review the calculated adjustment to base rates and fix the appropriate rates for each city based upon identified
surcharge requirements.
PREPARED BY: Regina A. Fal
Communi Ser irettor
Reviewed by: rl'/i Attorney finance Revised: 9/9/97 9:46 am
Reformatted: 10/23/95 CSD38A:Icnclrpts1jpa2.swm
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGREEMENT FORMING A WEST VALLEY SOLID WASTE MANAGEMENT JOINT
EXERCISE OF POWERS AUTHORITY.
September 9, 1997
Attached, for Council's consideration, is a Joint Exercise of Powers Agreement forming a West Valley Solid Waste
Management Authority. The agreement has been reviewed by each of the cities' attorneys and managers. The
agreement establishes a Board of Directors comprised of elected officials from all represented agencies and an executive
director.
The Authority will be authorized to perform a number of acts necessary to further the cities' interests in the area of solid
waste management including but not limited to:
• issue Request for Proposal and make and enter into contracts and for the handling and/or disposal of solid
waste, green waste, and recyclables;
• apply for and accept grants, advances and contributions;
► employ or contract for the services of agents, employees, or consultants; and
• to conduct studies.
ENVIRONMENTAL ASSESSMENTS:
The JPA is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Costs for preparing the agreement were incurred by the Cooperative Program which is funded with revenues collected
by Green Valley Disposal Company on each cities' behalf. The FY 1997/98 budget includes $40,000 for Solid Waste
Management Services (2210-61029) which can be paid to the Cooperative Program or a JPA. Once established, the JPA
will adopt a budget.
Attachments:
1. Council Report
2. Draft Resolution
Distribution:
Scott Hobson, Hilton, Farnkopf and Hobson
Gerard Wen, Green Valley Disposal Company
Jim Zanardi, Guadalupe Rubbish Disposal Company
ATTACHMENT 1
COUNCIL AGENDA REPORT
DATE: February 27, 1997
TO: MAYOR AND TO COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 3-3-97
ITEM NO.
l0
CONCEPTUALLY APPROVE FORMATION OF A WEST VALLEY SOLID WASTE JOINT
POWERS AGENCY AND DIRECT STAFF TO PREPARE DRAFT AGREEMENT
RECOMMENDATION:
That Town Council:
1) conceptually approve formation of a West Valley Solid Waste Joint Powers Agency; and,
2) direct staff to prepare a drag Joint Exercise of Powers Agreement for Council consideration.
BACKGROUND:
The West Valley cities of Campbell, Los Gatos, Monte Sereno and Saratoga have worked cooperatively for many years
to manage and monitor solid waste services in our communities. This relationship was formalized in 1983 when each
of the cities entered into identical 20 year franchise agreements with Green Valley Disposal Company for collection and
disposal of solid waste.
The franchise agreements defined roles and responsibilities for City Councils, City Managers and the solid waste
collection company for the operation, management and rate setting process for solid waste collection and disposal. These
agreements also established a Rate Review Committee, composed of one administrative staff person from each city, for
the purpose•of reviewing rate adjustments requested and making recommendations to the City Councils.
By 1990, the cities found it necessary to strengthen their cooperative oversight of solid waste issues in order to respond
to State legislation requiring reductions of materials landfilled. The passage of AB 939 mandated that each of the cities
prepare and adopt plans (called Source Reduction and Recycling Elements in and Household Hazardous Waste Elements)
to identify strategies for expanded recycling programs and insure compliance with reduced disposal goals.
In October of 1990, the four West Valley cities entered into a cooperative agreement to administer the Solid Waste
Management Program for all of the cities, including hiring of professional staff and cost sharing to support Program
activities.
Oversight and direction for the program was assigned to the City Managers, with coordination of activities provided by
the existing Rate Review Committee. The agreement provides that the annual program budget is developed by the
program stag, reviewed by the Rate Review Committee and approved by each of the City Managers.
PREPARED BY:
Regina A. Fallen
Community Sery
RAF:kv
C SD28A:1cnclrptslswmjpa. rpt
'rector
Reviewed by: Attorney Finance Revised: 2/27/97 12:26 pm
Reformatted: 10/23/95
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONCEPTUALLY APPROVE FORMATION OF A WEST VALLEY SOLID WASTE JOINT
POWERS AGENCY AND DIRECT STAFF TO PREPARE DRAFT AGE
February 27, 1997
DISCUSSION:
The cooperative agreement relationship has performed well since 1990 in several joint solid waste program activities.
The Solid Waste Program Manager, hired in February of 1991, brought technical expertise and a background in solid
waste management that allowed the cities to aggressively respond to AB 939 legislative requirements.
The Program Manager prepared all of the contract documents for the recently implemented expanded recycling and yard
waste contracts. Because of the success of these contracts, the West Valley cities have exceeded the AB 939
requirements for the year 1995 and are well on the way to meeting the requirements for the year 2000. Additionally,
the Program Managers oversight of Green Valley Disposal Company's and Guadalupe Disposal Company's operations
was a key factor in causing the Rate Review Committee to focus on concerns regarding tipping fee survey irregularities.
The cooperative agreement relationship has been less successful in providing cohesive and consistent responses to both
the landfill company and the collection companies as they seek to resolve contractual issues with each of the cities.
In order to create a more uniform and expeditious decision -making mechanism, staff from the four West Valley cities
have agreed to recommend to each of their City Councils that a Joint Powers Agency (SPA) be created for the
coordination of the Solid Waste Management Program. This wTe of agency has been used successfully in many areas
for administration of cooperative solid waste collection and disposal programs.
Although there are alternative organizational structures for JPAs in use, the most common model includes a Board of
Directors comprised of elected officials from ail represented agencies, an Executive Director with support staff, a poiicy
advisory committee made up of senior staff from each agency and/or a technical advisory committer from each agencies
technical staff.
The creation of a West Valley JPA for solid waste services could provide the following positive elements:
1) A methodology for determining the allocation of annual solid waste collection assigning each city an appropriate
share of the collection rate base expenses to be included in their annual rate review process.
2) Ability to set appropriate rates for all sectors in their community that would produce the required revenues, while still
reflecting local cost allocation choices.
3) A single contracting agency for all solid waste activities in the West Valley, thereby avoiding substantial duplication
of effort by City Councils, staff and legal counsel. In the future, a single Request for Proposals could be prepared to
solicit competitive bids for solid waste collections, recycling or disposal services, and contract terms could be negotiated
on behalf of all of the cities.
4) A single umbrella agency employing an Executive Director and support stag' through a contractual relationship
through one of the JPA cities.
ENVIlR.ONMENTAL ASSESSMENTS:
This is not a project defined under CEQA, and no further action is required.
CONCLUSION:
A Joint Powers will streamline and consolidate oversight of solid waste programs, and reduce duplicative aciministiative
costs.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: CONCEPTUALLY APPROVE FORMATION OF A WEST VALLEY SOLID WASTE JOINT
POWERS AGENCY AND DIRECT STAFF TO PREPARE DRAFT AGREEMENT
February 27, 1997
FISCAL IMPACT:
Upon the West Valley Cities approval, the Joint Powers Agency agreement will be prepared through the cooperative
program. The maximum cost is estimated at $4,000. The Town's share will be about S 1,450.00.
Funds are available through account 22 10-61004; purchase order 97137.
Attachments:
None
Distribution:
Harry Peacock, City of Saratoga
Gay Strand, City of Monte Sereno
Bernard Strojny, City of Campbell
ATTACHMENT 2
RESOLUTION NO.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
A JOINT EXERCISE OF POWERS AGREEMENT
FORMING THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY
WHEREAS, The Town entered a Cooperative Agreement with Campbell, Monte
Sereno, and Saratoga for provisions of Solid Waste Management in November 1990; and
WHEREAS, The West Valley Cities have executed the same standard refuse
collection and disposal agreements; and
WHEREAS, The West Valley Cities wish to replace the cooperative agreement with
a single contracting agency to avoid duplication of effort.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Los Gatos authorizes the Town Manager to execute the Joint Powers Exercise of Powers
Agreement forming the West Valley Solid Waste Management Authority attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 15 day of September, 1997 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD28A:\resos\swmauth. res
/24t 9y
JOINT ,EXERCISE OP POWERS AGREEMENT
WEST VALLEY SOUR WASTE MANAGEMENT AUTHORITY
ARTICLE 1. PURPOSE
A. Pjitpose of the Agreement. The purpose of this Agreement is to establish,
pursuant to the Joint Exercise of Powers Act, Government Code section 6500 et seq., a
public entity separate from each of the municipalities creating this Agreement. This
public entity is to be known as the West Valley Solid Waste Management Authority
(hereinafter referred to as "Authority`).
B. nitsilighoritt, The puupose of the Authority shall be to prepare,
adopt, revise, amend, administer, enforce and implement the West Valley Solid Waste
Management Plan which was adopted by the municipalities prior to the creation of the
Authority.
C. Members of the Authority. This Agreement was entered into on
, 1997, by and between the Cities of Campbell, Monte Sereno,
Saratoga and the Town of Los Gatos (hereinafter individually referred to as "Member
Agency" and collectively referred to as "Initial Members"), as individual public entities
which mutually agree and promise as hereinafter set forth. Membership in the Authority
is open to any public entity that is authorized to franchise the collection or handling of
solid waste in Santa Clara County and does so franchise.
ARTICLE 2. POWERS
A. General Powers. Each Member Agency retains its own existing and
independent authority to franchise or contract for solid waste handling and disposal
services and collect the applicable franchise fees and surcharges. In carrying out the
purposes of this Agreement, the Authority shall have all powers common to its Member
Agencies, and such general powers which include, but are not necessarily limited to, the
following:
1. To advise the Member Agencies an issues related to solid waste
handling and disposal and related rates and charges;
2. To advocate the interests of the Member Agencies related to solid
waste management issues with local, state and federal officials;
3. To regulate and set rates of solid waste collection and disposal,
transfer stations, resource recovery facilities, recycling facilities, household hazardous waste
facilities, and landfills;
1421113SERKEMAGREMEN SVIEST-VALLE!.81NAL\
R VIBTOH\S.13-97ho
1
2 0 d NVOO'1 .Lx1 3 et o v¢-v- C : 0 T ?, 6 'a T •6 0
4. To issue Requests for Proposals for the handling and/or disposal of
solid waste, green waste and recyclables;
5. To advise public entities as to market conditions affecting the
marketability of recyclable commodities;
6. To market and sell recyclable commodities; and
7. To conduct joint studies and/or institute joint programs as may be
required by law or are appropriate regarding solid waste handling and disposal incli ling,
but not limited to, such efforts as may be required regarding reduction of the waste
stream disposed at landfills.
B, Specific PQ. In carrying out its general powers, the Authority is hereby
authorized to perform all acts necessary or proper for the exercise of said powers which
may include, but are not limited to, the following:
1. To make and enter into contracts and to issue Requests for Proposals
necessary to further the purposes of the Authority;
2, To apply for and accept grants, advances and contributions;
3. To employ or contract for the services of agents, employees,
consultants and such other persons or entities as it deems necessary;
4. To conduct studies;
5. To review the West Valley Solid Waste Management Plan and other
such public planning documents as may be developed, and recommend revisions or
amendments thereto;
6. To incur debts, liabilities or obligations subject to limitations herein
set forth;
7. To assess and collect, subject to Article 5, Sectitm A, from both
Initial Members and future Member Agency, fees for membership in the Authority, so
as to provide moneys for the financing of its activities, operations, and expansion;
8. To issue bonds, subject to the provisions and limitations of the laws
of the State of California;
9. To adopt annually, by July 1 of each fiscal year, a budget setting
forth all administrative, operational and capital expenses for the Authority, together with
the apportionment of such expenses by levy against each Member Agency to the extent
necessary; and
3OICESEREIMAcBEENIUMWEST—YAiLEY.FINAL \ 2
RE isicN\a.1s.91k4
�Oa
t4VOO'I 8O24 7l¢'v- C : O T
Z 6 .0T 'B0
10. To adopt, as authorized by law, any ordinances or resolutions
necessary to carry out the purposes of this Agreement.
ARTICLE 3. ORGANIZATIOsi
A. Board of Directors. The Authority shall be governed by the Board of
Directors (hereinafter referred to as the 'Board") which shall exercise all powers and
authority on behalf of the Authority. The Board shall have the authority to carry out all
duties and functions within the power of this Agreement.
1. Membership. The Board shall be composed of one (1) representative
from each Member Agency, who shall, by resolution or other appropriate action, be
appointed by the members of such agency's governing body. Each Board member shall
serve at the pleasure of the governing body of the appointing agency.
2. Duties of the Board of Dimly0. The Board shall perform all acts
necessary or proper to carry out the purposes of this Agreement and to execute the
General and Specific Powers of the Authority, which acts include, but are not limited to,
the fallowing:
a, Conduct Board meetings pursuant to a schedule adopted by
the Board;
b, Consider, modify, and approve the annual work program and
budget;
c. Levy, fix, and/or set fees, assessments and charges to the
extent permitted by law and by this Agreement;
d. Authorize, review and accept reports and studies;
e. Review, recommend, approve and jor regulate rates for services
provided by the Authority or over which the Authority has regulatory power through
contract or otherwise;
£ Take appropriate action on:
(1) The West Valley Solid Waste Management plan and any
other such public plarming documents as may be developed and revisions or amendments
thereof; and
(2) The planning, financing, development and operation of
Authority activities;
e2JSTSB pVORE roWsn-vua.sx.FIRAL\
vxsaoons.1L 97kc
3
170 d NV 'O'I .L1:1380V1>1, TAW E; : U T L.6 0 T •60
g. Accept agencies as subsequent parties to the Agreement and
members of the Authority, and their representatives as Board members(See Article 4C);
h. Authorize the hiring and/or engagement of Authority staff;
i. Declare, from time to time, one of the Member Agencies as
the lead agency for specific purposes as may be set forth by the Board or for the general
purpose of staffing the Authority and carrying out the Authority's functions. At the time
a Member Agency is appointed as a lead agency, the Board shall determine whether the
member is to bear the costs of such lead agency activity or be reimbursed therefor. The
Authority, in any event, shall reimburse Member Agencies for any Authority authorized
personnel costs associated with the staffing of the Authority with Member Agency
personnel;
j. Establish committees to carry out Authority purposes, and
appoint committee members from the Board, the legislative bodies of Member Agencies,
Authority staff, and/or staff of the Member Agencies. The Authority shall reimburse
Member Agency for personnel costs associated with the staffing of committees with
Member Agency personnel; and
k. Delegate duties to Authority staff and/or Board members,
appointed committees and committee members, the City Councils and/or Member
Agencies' staff.
3. Voting. Each Board member shall have the right to vote on each
ics pending before the Board. Each Board member shall have one (1) vote.
4. Votes Required,. All actions undertaken by the Board must be
approved by a majority vote of those Board members present, provided a quorum exists,
except for such Board actions requiring a two-thirds (2/3) vote as may otherwise be set
forth herein.
5. Meetings of the Board.
a. Ru1ar Meeting. The Board shall hold scheduled public
meetings at a location selected by the Board. The Board shall hold at Least one regular
meeting each quarter.
b. S e. i 1 Meetings. Special meetings of the Board may be
called in accordance with the provisions of Section 54956 of the Government Code.
c. Notice of Meeting. All meetings of the Board shall be held
subject to the current provisions of the Ralph M. Brown Act, California Government
Code Section 54950 et seq., and other applicable laws of the State of California
pertaining to public meetings.
t oerrs\wasr-vALtr[.rnta\
&8PI$ICW' .1 , 97kc
4
9 0 d 1,1 0 1 ,L ti El 0 II 5k D\i'V E: 0 T Le ' 0 I ' 6 0
d. Omomm A majority of the members of the Board shall
constitute a quorum for the transaction of business.
e. The Chairperson of the Board shall cause minutes
of all meetings to be kept, and shall, as soon as possible after such meeting, cause a copy
of the minutes to be forwarded to each member of the Board.
f. Compensation. Each member of the Board shall, be paid an
amount as established by the Board by a two-thirds (2/3) vote for each meeting, regular
and special, he or she attends.
6. By-1r1ws, The Board shall adopt by resolution, with a two-thirds (2/3)
vote, such by-laws, rules or regulations, as may be required, for the conduct of its affairs.
7. Officers of the Board. The Board shall, by a majority vote, elect
from its members a Chairperson and a Vice Chairperson. The Chairperson and Vice
Chairperson shall have one-year terms and may be re-elected so as to serve a maximum
of two (2) consecutive one-year terms, unless the Board unanimously approves additional
consecutive term(s) as to a particular Chairperson or Vice Chairperson. The Chairperson
shall preside over all meetings according to the Rules and Procedures adopted by the
Board. The Board Chairperson shall represent the Authority and execute any contracts
and other documents when required by the Rules and Procedures.
8. Ofacers of the Authority. The Board has the power to appoint as
staff to the Board the following officers:
a. Executive Director. There may be an Executive Director
appointed who will serve as the chief executive officer of the Authority. He or she will
be responsible to the Board for the management and administration of all Authority
affairs pursuant to the Boards direction.
Until such time as the Board may determine to appoint an Executive Director who
is not a staff member of a Member Agency, and for such other times as there is no
Executive Director serving, the Board may appoint an 'interim Executive Director, who
shall have such powers and duties as are set forth in this section. An interim Executive
Director shall be the City Manager of one of the Member Agencies, or such other agency
staff :member as the Board deems appropriate.
b. Treasurer and Contrpller. There shall be a Treasurer and
Controller to be the custodian of all Authority funds and to pay demands Initially, the
Treasurer shall be the City of Monte Soren. A new Treasurer may be appointed by the
Board at any time.
c. Secretary. There shall be a Secretary appointed by the
Executive Director who shalt be responsible for the noticing of meetings and recording
REVISTCHINS,13.97ke
9 0 d 14br00'1 .1. tt380IS s I!\I'd 2 C : Q T 6 'o T '6 0
of minutes of meetings as required by the Brown Act and the Rules and Procedures, in
addition to such other duties as the Executive Director may assign.
T1C'LE 4- Tr?R .i S [ F THE AGREEMENT
A. Effective Date. This Agreement shall become effective on the date of its
execution by all of the agencies identified as Initial Members.
B. Amendments. This Agreement may be amended by a two-thirds (2/3) vote
of all members of the Board. Any such amendment shall be effective upon the date of
such action.
C. Subiegu nt Authority Member._ Any agency which has the authority to
franchise solid waste collection in Santa Clara County, and franchises the same (including
cities incorporated and districts formed after the effective date of this Agreement, and
including Santa Clara County), may become members of the Authority. Its
representatives may become voting members of the Board by: (1) presenting an adopted
resolution to the Board which includes a request to become a member of the Authority,
(2) receiving a two-thirds (2/3) vote of all members of the Board to accept the new
member, and (3) by payment of any charges and execution of all documents as may be
required by the Board, Such obarges may include such items as compensation to the
existing Authority members for previously expended costs in furtherance of Authority
purposes, including staffing expenses, capital expenses, financing expenses, and assessments
for losses in prior Authority operations. These examples are purely illustrative, however,
and are not intended to limit the power of the Authority or the Board to fix whatever
buy -in, capitalization or other equalization charges deemed necessary or proper. Payment
of such charges may be made in any manner deemed necessary or proper by the Board,
including, but not limited to cash payment, a differential rate structure for waste
collection, future capital contributions, surcharges or by other plan which might include
appropriate security.
D. Withdrawal.
I. Any .Member Agency, upon written notice given by January 1 of any
year to the Chairperson of the Board, and to all other Member Agencies, may withdraw
from the Authority effective no earlier than July 1 of that year; provided, however, that
the withdrawal of such Member Agency shni] not terminate such Member Agency's
responsibility under any obligation of such Member Agency or the Authority or any action
taken in connection therewith. The withdrawing agency shall pay to the Authority on the
effective date of withdrawal, all money owing to the Authority, and as to those capital
expenditures which the withdrawing agency has agreed to participate in by contract or
otherwise, its share of such capital expenditures. Such financial obligations of such
withdrawing agency may be assumed by another entity upon a two-thirds (2/3) vote of
the Board, absent the participation of the representatives of the withdrawing agency.
NOITTESERZNo1 'IsWEMVaLLHY.FIRAM
884ISION111.13.9Tko
6
L 0 14"IfJ0`I .I.8033 * I t.'2 E: 0 T '0 T '6 d
2. Notwithstanding subsection (1) above, a member shall not be
permitted to withdraw from the Authority unless the Board determines by majority vote,
absent the participation of the representatives of the withdrawing agency, that as of the
effective date of withdrawal, the Authority will have a waste stream sufficient to meet all
Authority operating expenses and obligations outstanding as of the effective date of
withdrawal, whether capital, operational, maintenance related or otherwise, and to ensure
that all Authority operations will not be adversely affected to a material extent by the
withdrawal of the withdrawing member.
3. The withdrawing agency shall also continue to be liable for its share
of Authority obligations, including, but not limited to, operation costs and the budget,
until the effective date of its withdrawal.
E. ulsion gf der& The Board may, by a two-thirds (2/3) vote of the
Board, terminate a Member Agency's membership in the Authority for a material breach
of this Agreement after six (6) months notice to such Member Agency. A Member
Agency so expelled shall be responsible for capital expenditures and non -capital
obligations of the Authority as set forth in Article 4, Section D above.
B. Reinstatement. An agency, subsequent to its withdrawal, or subsequent to
expulsion, may seek reinstatement as a Member of the Authority. Application for
reinstatement shall be made in writing to the Board.. An agency shalt be reinstated upon
a two-thirds (2/3) vote of all members of the Board as then constituted. The Board may
require an agency seeking reinstatement to meet any terms and conditions which the
Board deems appropriate.
G. Mem e . Subject to Article 5, Section A, each
Member Agency shall provide its share of the Auttiontri, generea" tivagetAry otAfgatibn.
H. liability. The tort liability of the Authority, all members of the Board, and
all officers and employees of said Authority shall be controlled by the provisions of
Division 3.6 of Title 1 of the Government Code of the State of California. Any tort and
contractual liability incurred by or imposed upon the Authority shall remain the sole
liability of the Authority, rather than the liability of the Member Agencies, to the full
extent such allocation of liability is permitted by Iaw. The provisions of said Division
relating to the indemnification of public employees and the defense of actions aptnst
them arising out of any act or omission occurring within the scope of their employment
shall apply to all Authority directors, officers and employees. Notwithstanding the specific
terms of this section, the Authority and the Member Agencies shall retain the power to
allocate liability between the Authority and the Member Agencies, or among the Member
Agencies, in a manner other than as sat forth above pursuant to a unanimous written
agreement or to do the same for specific projects or undertakings of the Authority.
To the extent that any liability of the Authority, whether based on contract, tort
or otherwise, passes through to a Member Agency, or Member Agencies, said liability
shall be apportioned based upon principals of fault. if, for any reason, apportionment
T88ERE301,A( W T-YALLEY.FINAL\
BzvIsIotlts.13.97ke
g o d tat v J. II S SI 0 w lArtr 2 C : 0 T
L6 '0 T ' 6 0
between Member Agencies cannot be based upon fault under the circumstances involved,
ten apportionment shall be based upon each Member Agency's percentage share of the
total population of all Member Agencies.
I. Indemnity. The Authority shall indemnify, defend (at the Authority's sole
expense), and hold harmless the Member Agencies, their respective officers, directors,
employees, and agents from and against any and all loss, liability, penalty, forfeiture,
claim, demand, action, proceeding, or suit of any and every kind and description
(including, but not limited to, injury to and death of any person and damage to property,
or for contribution or indemnity clamed by third parties) arising as the sole result of
the Member Agency's or Agencies' status as members of the Joint Powers Authority. The
Authority's duty to indemnify, hold harmless and defend shall survive the expiration or
earlier termination of this Agreement.
J. JngIrance. Each Member Agency aiirl its respective officers, directors and
employees shall be named as additional insureds to the same extent and degree that the
Authority and its officers, directors and employees are rained as additional insureds with
respect to any insurance as required by the Authority pursuant to the terms of any
contract entered into by any other party with the Authority.
K. Turn _and Termination. This Agreement shall continue in force until
terminated as specified by this section. This Agreement may be terminated at the end
of any Fiscal Year by consent of all Member Agencies; however, this Agreement and the
Authority shall continue to exist for the purpose of disposing of all claims, the distribution
of assets, and any other functions necessary to conclude the affairs of the Authority.
Upon termination, payment of the obligations and division of the property of the
Authority shall be conducted pursuant to Section L of this Article.
L. Disposition of Authority Funds Upon Termination.
1. In the event of termination of the Authority where there is a
successor public entity which will carry on the activities of the Authority and assume its
obligations, Authority funds, including any interest earned on deposits, remaining upon
termination of the Authority and after payment of all obligations, shall be transferred to
the successor public entity.
2. If there is no successor public entity which would carry on any of the
activities of the Authority or assume any of its obligations, Authority funds, including any
interest earned on deposits, remaining upon termination of the Authority and after
payment of all obligations, shall be returned in proportion to the contribution of each
Agency during the term of this Agreement.
3. If there is a successor public agency which would undertake some of
the functions of the Authority and assume some of its obligations, Authority funds,
including any interest earned on deposits, remaining upon termination of the Authority
and after payment of all obligations, shall be allocated by the Board between the
MITIIIISERINOWRIEMEKTEAWEIVZ-VALLET.PIIAL\
REVIISMIRS. 9. 97k= 8
6 C7 d N tf VC) -I .L 23 3 8 0 If puce- 2 E : 0 L
L6 •CST 6Q
successor public entity and Member Agencies. In the event the Authority is terminated
under circumstances falling within (1) or (2) above, all decisions of the Board with regard
to determinations of amounts to be transferred to 1Vlember Agencies or any successor
shall be final.
ARTICLE 5. FINAL
A Arnotnment QL,Expraw. The Member Agencies shall be responsible
for providing the requisite funds to the Authority for all activities authorized by this
Agreement and the West Valley Solid Waste Management Plan in amounts equal to each
Member Agency's percentage share of the total population of all Member Agencies.
B, Funds P ridit, rep and Audits. Each and every expenditure of moneys
shall be authorized or approved by the Board or by a person designated by the Board
to authorize expenditures. The Treasurer shall draw warrants to pay demands so
authorized for payment by the Board.
Before the Authority may expend any moneys or coact any financial obligation, it
shall adopt a budget showing proposed expenditures for the Fiscal Year and the proposed
means of financing such expenditures. The budget shall be for the ensuing kcal Year,
beginning on July 1 of each calendar year and ending on June 30 of the following
calendar year.
The Board shall periodically cause an audit to be performed with regard to the
financial operations of the Authority.
C. Deb, The Authority may issue or cause to be issued bonds and other
indebtedness, and pledge any Authority property and/or revenues as security to the extent
permitted by law. Any and all debts, liabilities, and obligations incurred by or imposed
upon the Authority shall be the debts, liabilities, and obligations solely of the Authority,
rather than the debts, liabilities and obligations of the individual Member Agencies.
D. ,Financial Contributions, For agencies joining the Authority after the
effective date of this Agreement, the Board shall determine such agencies' proportionate
financial contribution, which is due upon joining the Authority.
TIC 6 EXERC SE OF AUTHOISITY'S p
This Agreement is entered into under the provisions of Article 1 of Chapter 5,
Division 7, Title One of the Government Code concerning Joint Powers Agreements. As
to those powers vested in the Authority pursuant to Section 6508 of the Government
Code, they shall be exercised in the same manner and subject to the same restrictions as
those applicable to a sanitary district pursuant to statutes and laws of the State of
California.
Howso\amssassrsNwrsT-yALLEx.8aeu.r
!SVISIca18.13. s7ko 9
0 T
NV 0 I J. 1213 a 0111 * lAnf E: O t
L. 6 'O T '6 0
WHEREFORE, the parties have executed this Agreement as of the latest date
appearing by their respective signatures below.
CITY OF MONTE SERENO,.
MAYOR JACK LUCAS
Date: By:
CITY OF SARATOGA.,
MAYOR GIIJ.JAN MORAN
Date: By:
CITY OF LOS GATOS,
MAYOR JOANNE BENJAMYN
Date: By:
CITY OF CAMPBELL
MAYOR BARBARA CONANT
Date: By:
(Notarization and Corporate Authorization Required)
lIJAxFMSKONA `i T-VALLZY. FILPAL\
$EYISION\$.13.47kc
10
iTa
Nt,►Oo't .L33 38Ox1 4 w-,-F-C: o 1 L6 O T 6 [J
DEPTMENT:
AGENDA ITEM:
INTERNAL TRACKING
1?)
RESO/ORD NUMBER: ?
DATE
By
/c19 g ki)_
LIST IN BOOK .,---
/ itii(1
ON DISC OR SHARE. FORM SENT TO DEPT.�-''' .) , ir
PUBLISH IF REQUIRED - Date of Publication
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
g///
7
MAIL TO DISTRIBUTION LIST
NO.of COPIES: =)
9)/"
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
' T""
FILE IN VAULT
CODIFICATION IF ORDINANCE !
cik:d16:\other\ordres2
PUBLICATION REQUIRED;
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
C.s.
q-15-97
/3
RESOLUTION
Number: / 99 7 - /O 2) Number:
Date of Adopt: Date of Intro:
Date of Adopt:
(dL
COUNCIL MEMBERS NAMES:
ZONE CHANGE:
Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck,
Mayor(or Chairman) JOANNE BENJAMIN
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC:orRESaORD
RESOLUTION 1997 - 102
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
A JOINT EXERCISE OF POWERS AGREEMENT
FORMING THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY
WHEREAS, The Town entered a Cooperative Agreement with Campbell, Monte
Sereno, and Saratoga for provisions of Solid Waste Management in November 1990; and
WHEREAS, The West Valley Cities have executed the same standard refuse
collection and disposal agreements; and
WHEREAS, The West Valley Cities wish to replace the cooperative agreement with
a single contracting agency to avoid duplication of effort.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Los Gatos authorizes the Town Manager to execute the Joint Powers Exercise of Powers
Agreement forming the West Valley Solid Waste Management Authority attached as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 15 day of September, 1997 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins, Linda Lubeck
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:/s/ Joanne Benjamin
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
, Town Council Minutes September 15, 1997
Los Gatos, California
UNDERGROUNDING UTILITIES/BLOSSOM HILL ROAD (09.28)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept report regarding
undergrounding of utilities on Blossom Hill Road. Carried by a vote of 4 ayes. Mr. Blanton
abstained due to possible conflict of interest.
BUS DEPOT/RIDERSHIP/SCHEDULE/ALTERNATIVE LOCATIONS (10.44)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council accept report on bus depot
ridership, schedule, and possible alternative locations. Carried unanimously.
BELOW MARKET PRICE HOUSING/IN-LIEU FUNDS/RE-SALE PRICES (11.19)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council conceptually approve
expenditure of Below Market Price Housing In -Lieu Funds to reduce re -sale prices. Carried
unanimously.
SOLID WASTE MANAGEMENT PROGRAM/AB939/INTERN (12.14)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council approve incorporation of
several new projects into the Town's Solid Waste Management Program; approve hiring an
intern to work part-time to organize the programs; and authorize budget adjustments in the
Solid Waste Management Program. Carried unanimously.
SOLID WASTE MANAGEMENT/WEST VALLEY JOINT POWERS AUTHORITY
RESOLUTION 1997-102 (13.14)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-102
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE A JOINT EXERCISE OF POWERS AGREEMENT FORMING
THE WEST VALLEY SOLID WASTE MANAGEMENT AUTHORITY. Carried unanimously.
9517 PROJECT/LOS GATOS CREEK TRAIL/BRIDGE AT LARK AVENUE
RESOLUTION 1997-103 (14.35)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-103
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
COLLISHAW CONSTRUCTION, INC. - PROJECT 9517 - LOS GATOS CREEK TRAIL AT
LARK AVENUE AND AUTHORIZING THE TOWN MANAGER TO EXECUTE
CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY
TOWN CLERK. Carried unanimously.
CLASSIFICATION PLAN AMENDMENTS/RESOLUTION 1997-104 (15.10)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-104
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AMENDING THE POSITION AND
CLASSIFICATION PLAN TO CHANGE CRIME ANALYST DESIGNATION TO TOWN
EMPLOYEES ASSOCIATION (TEA) FROM CONFIDENTIAL, CREATE A TEMPORARY
FACILITY ATTENDANT POSITION, CREATE TEMPORARY SKILLED AND APPRENTICE
TRADE POSITIONS. AND CHANGE SENIOR PLANNER TO ASSISTANT PLANNING
DIRECTOR. Carried unanimously.
9715 PROJECT/TREE PRUNING AND REMOVAL/RESOLUTION 1997-105 (16.35)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council adopt Resolution 1997-105
entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING SPECIFICATIONS
FOR PROJECT 9715 - TREE PRUNING AND REMOVAL. Carried unanimously.
TC: D9: M M091597
3