Item 10 Staff Report Conceptually Approve Formation of a West Valley Solid Waste Joint Powers Agency and Direct Staff to Prepare Draft AgreementCOUNCIL AGENDA REPORT
DATE: February 27, 1997
TO: MAYOR AND TO COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 3-3-97
ITEM NO.
/0
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 draft 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 staff, reviewed by the Rate Review Committee and approved by each of the City Managers.
PREPARED BY: Regina A. Falkn
Community Sery ° erector
RAF:kv
CSD28A:1cnclrptslswmjpa.rpt
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 AGREEMENT
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 Manager's 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 (JPA) be created for the
coordination of the Solid Waste Management Program. This type 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 all represented agencies, an Executive Director with support staff, a policy
advisory committee made up of senior staff from each agency and/or a technical advisory committee from each agencies
technical staff.
The creation of a West Valley JPA for solid waste services could provide the following positive elements:
I) 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 staff through a contractual relationship
through one of the JPA cities.
ENVIRONMENTAL 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 administrative
costs.
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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 $1,450.00.
Funds are available through account 2210-61004; purchase order 97137.
Attachments:
None
Distribution:
Harry Peacock, City of Saratoga
Gay Strand, City of Monte Sereno
Bernard Strojny, City of Campbell
.
March 3, 1997
Los Gatos, California
AMICUS BRIEF/HOWARD JARVIS TAXPAYERS ASSOCIATION/CITY OF LA HABRA (09.01)
Motion by Mr Hutchins, seconded by Mr. Blanton, that Council authorize the Town Attorney
to include the Town of Los Gatos as an amicus curiae in the case of Howard Jarvis Taxpayers
Association v. City of La Habra, number 76-15-12 (Orange County Superior Court, August 12,
1996) at no cost to the Town. Carried unanimously.
SOLID WASTE MANAGEMENT/JOINT POWERS AGENCY/FORMATION (10.09)
Motion by Mrs. Lubeck, seconded by Mr. Hutchins, that Council conceptually approve formation
of a West Valley Solid Waste Joint Powers Agency; and direct staff to prepare a draft Joint
Exercise of Powers Agreement for Council consideration. Carried unanimously.
ADJOURNMENT
Motion by Mr. Hutchins, seconded by Mr. Blanton, that this evening's meeting be adjourned at
11:20 p.m., to a joint Town Council and Redevelopment Agency Meeting immediately following.
Carried unanimously.
ATTEST:
Marian V. Cosgrove
Town Clerk
TC: D9: MM030397 8