Loading...
Item 14 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Amended Cooperative Agreement with the West Valley Cities for Solid Waste Management and to Execute Subsequent Amendments to that AgreementTOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: October 29, 1996 TO: MAYOR AND TOWN COUNC FROM: TOWN MANAGER SUBJECT: MEETINGDATE: 11-18-96 ITEM NO. ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED COOPERATIVE AGREEMENT WITH THE WEST VALLEY CITIES FOR SOLID WASTE MANAGEMENT AND TO EXECUTE SUBSEQUENT AMENDMENTS TO THAT AGREEMENT RECOMMENDATION: Adopt the attached resolution authorizing the Town Manager to execute an amendment to the cooperative agreement with West Valley Cities for Solid Waste Management for the period from July 1, 1996 continuing for as long as the Town of Los Gatos elects to participate. DISCUSSION: The West Valley Cooperative Agreement continues the Solid Waste Management Program within the West Valley Cities of Campbell, Los Gatos, Monte Sereno and Saratoga. The previous three-year agreement expired 6/30/96 The Town of Los Gatos has participated in the program since November 1990. The Agreement authorizes the city managers of the four jurisdictions to implement solid waste management activities and provides for hiring staff with oversight and general direction by West Valley Rate Review Committee (staff representation from each jurisdiction). The proposed Agreement contains minor administrative changes. During the next several months, staff will be working to further refine the relationships established in the agreement. The Program's "host city" from July 1993 through June 1996 has been the City of Monte Sereno. Administrative and fiscal responsibilities of the host city are defined in the agreement and include: Preparation of annual solid waste management budget and quarterly reports, accounting for all program funds, and contract employee supervision. Although each city continues to have a staff person assigned to monitor the Solid Waste Management Program, the host city takes leadership in supervising the Solid Waste Program Manager, hired to administer the program. The Program Manager's scope of work focuses on AB 939-related issues. AB 939 was comprehensive legislation passed several years ago which established, among other things, aggressive recycling goals and requirements for waste disposal and is referred to as the Integrated Solid Waste Management Act. ENVIRONMENTAL ASSESSMENTS: PREPARED BY: Regina A. Falkner Community Service tor RAF:kv C SD28A:1cnclrptslswmservs. a Reviewed by: Attorney Reformatted: 10/23/95 finance Revised: 10/29/96 3:31 pm PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED COOPERATIVE AGREEMENT WITH THE WEST VALLEY CITIES FOR SOLID WASTE MANAGEMENT AND TO EXECUTE SUBSEQUENT AMENDMENTS TO THAT AGREEMENT October 29, 1996 This is not a project defined under CEQA, and no further action is required. CONCLUSION: Through our participation in the West Valley Cooperative Program, the Town is able to take advantage of the efficiencies of a single program which minimizes duplication of effort. If the Town chooses not to participate, it would be necessary to hire its own staff; costs would not be shared and the resulting fiscal impact on the Town would be greater. FISCAL IMPACT: Funds to pay for this program are collected through refuse collection fees. The fiscal year 1996-97 budget is $120,940 for staff, overhead and contractual services, including legal services. The Town of Los Gatos' share is $34,988. Costs are budgeted in the Solid Waste Management Program Contract Services 2210-61004 at $138,300.00. Attachments: 1. Adopt Resolution Authorizing the Town Manager to Execute an Amended Cooperative Agreement with the West Valley Cities for Solid Waste Management and to Execute Subsequent Amendments to that Agreement. 2. Agreement to Provide Solid Waste Management Services to the West Valley Jurisdiction. Distribution: Vera M. Dahle-Lacaze RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED COOPERATIVE AGREEMENT WITH THE WEST VALLEY CITIES FOR SOLID WASTE MANAGEMENT AND TO EXECUTE SUBSEQUENT AMENDMENTS TO THAT AGREEMENT WHEREAS, the Town of Los Gatos entered into a cooperative agreement with the West Valley Cities for provision of a Solid Waste Management Program in November 1990; and WHEREAS, the Program has been "hosted" (as defined in the Agreement) by the City of Monte Sereno from July 1, 1993, through June 30, 1996; and WHEREAS, a new agreement has been prepared to indicate a new term and certain other changes; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: 1. That the Town Manager be authorized and directed to execute the attached amendment to the cooperative agreement with West Valley Cities for Solid Waste Management for the period of July 1, 1996. 2. That the Town Manager is authorized to execute future amendments to the Exhibits to the Amended Agreement so long as they conform to the adopted Los Gatos Town Budget. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the day of , 199_ by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: ATTEST: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA csd28A:\resos\swmreso.wpd AGREEMENT TO PROVIDE SOLID WASTE MANAGEMENT TO THE WEST VALLEY JURISDICTIONS THIS AGREEMENT is made and entered into this day of , 1996, by and between the CITY OF CAMPBELL, a municipal corporation, the TOWN OF LOS GATOS, a municipal corporation, the CITY OF MONTE SERENO, a municipal corporation, and the CITY OF SARATOGA, a municipal corporation (hereinafter collectively referred to as "West Valley Jurisdictions"). RECITALS WHEREAS, each of the West Valley Jurisdictions has identified a need to provide expanded solid waste management services within their communities; and WHEREAS, the West Valley Jurisdictions have determined that it is in their best interest to cooperate in the implementation and operation of a Solid Waste Management Program (hereinafter "Solid Waste Management Program"); and WHEREAS, those costs of the Solid Waste Management Program will be allocated among the parties to this Agreement on the basis of each party's percentage share of the total population of all parties to this Agreement; and WHEREAS, a committee known as the "West Valley Rate Review Committee" (hereinafter "Rate Review Committee"), has been established, which is currently composed of a representative of each of the parties to this Agreement; and WHEREAS, the West Valley Jurisdictions have determined that the Solid Waste Management Program office would be located at the City of Monte Sereno; and WHEREAS, each of the West Valley Jurisdictions entered into an Agreement dated October 17, 1990, for the implementation and operation of the Solid Waste Management Program for the benefit of the -citizens of their jurisdictions, and to participate in the Program, and to declare their commitment to share financially in the Program; and West Valley Solid Waste Management Agreement WHEREAS, the West Valley Jurisdictions desire to continue the operation of the Solid Waste Management Program by entering into the Agreement set forth here and below. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Purpose. The purposes of this Agreement are as follows: a. To establish the Solid Waste Management Program within the West Valley Jurisdictions which will provide a coordinated and comprehensive Solid Waste Management Program to assist the West Valley Jurisdictions in meeting State and Federal requirements, as well as local objectives regarding solid waste; b. To hire Solid Waste Management staff; c. To authorize the City/Town Managers to implement Solid Waste Management activities including, but not limited to, requests for proposals, issuance of fees, contracts, assist in preparation of Solid Waste Rate Review, and hiring of consultants; d. To allocate equitably among the parties the costs of establishing and maintaining the Solid Waste Management Program. 2. Parties to Agreement. Each of the West Valley Jurisdictions agrees to be a party to this Agreement. 3. Term. The term of this Agreement shall commence July 1, 1996, and shall continue in perpetuity, unless terminated as provided herein. 4. Rate Review Committee. The Rate Review Committee ("Committee") is responsible for reviewing each service rate request made by the franchisee, Green Valley Disposal Company, as established in the current Franchise Agreement. For purposes of this Agreement, the Committee shall make recommendations to City/Town Managers on the following: a. Policies and procedures necessary to implement the purposes of this Agreement; Agrs\W V S WMCop.Agr 2 West Valley Solid Waste Management Agreement b. A budget consistent with the terms of this Agreement; c. Any procedures necessary to regulate the ongoing administration of the Solid Waste Management Program, adhering to the policy guidelines and procedures adopted by the City/Town Managers. 5. City/Town Managers. The Managers of each of the four West Valley Jurisdictions shall: a. Establish policies and procedures necessary to implement the purposes of this Agreement; b. Establish a budget and approve expenditures consistent with the terms of this Agreement; c. Administer the Solid Waste Management Program within the West Valley Jurisdictions which will provide a coordinated and comprehensive Solid Waste Management Program to assist the West Valley Jurisdictions in meeting State and Federal requirements, as well as local objectives regarding solid waste; d. Oversee the hiring of Solid Waste Management staff; e. Implement Solid Waste Management activities including, but not limited to, requests for proposals, issuance of fees, contracts, preparation of Solid Waste Rate Review, and hiring of consultants. 6. Funding. It is agreed that costs for equipment purchased and all other costs of the Solid Waste Management Program shall be paid by the parties to this Agreement as per Exhibit B. 7 Payments. a. Allocation of Costs. Solid Waste Management Program cost components include: (I) implementation and equipment costs; and (ii) annual operating costs. All costs of the Solid Waste Management Program shall be allocated among the parties based on each party's percentage share of the total population of all agencies participating in the Agrs1WVSWMCop.Agr 3 West Valley Solid Waste Management Agreement Program. The population figures used for allocating these costs shall be established by the most recent State of California Department of Finance Population Estimates attached hereto as Exhibit B. b. Payments. All payments referenced herein shall be made to the City of Monte Sereno and mailed or delivered to the following: City Manager City of Monte Sereno 18041 Saratoga -Los Gatos Road Monte Sereno CA 95030 c. Annual Operating Costs. 1. Definition. For purposes of this Agreement, "annual operating costs" shall include, but not be limited to, the costs of personnel, supplies, materials, utilities, equipment maintenance, repair, training and other costs incurred in the annual operation of the Solid Waste Management Program. 2. Annual Operating Costs - Fiscal Year 1996-1997. The annual operating costs for Fiscal Year 1996-1997 and each party's share of those costs are set forth in Exhibit B, attached hereto and incorporated herein by this reference. Payments required to be paid under this subparagraph 7.c.2. shall be paid to the order of the City of Monte Sereno and delivered to the City of Monte Sereno. 3. Annual Operating Costs - Succeeding Fiscal Years. Prior to the commencement of any succeeding fiscal year, the City of Monte Sereno shall estimate the annual operating expenses for that fiscal year. The Rate Review Committee shall develop an operating budget for approval by the City/Town Managers. On or before Agrs1W VSWMCop.Agr 4 West Valley Solid Waste Management Agreement March 1 of the preceding fiscal year, the City of Monte Sereno shall notify each party of its share of the estimated annual operating expenses for the succeeding year which shall be allocated among the parties in the manner prescribed in Subsection 7.a., above. Payments required to be paid under this Subsection 7.d.3. shall be paid quarterly to the order of the City of Monte Sereno and mailed or delivered to the City of Monte Sereno. Payments for each quarter are due within thirty (30) days following the beginning of that quarter. d. Adjustment in Costs. 1. Implementation and Equipment Costs. If the implementation and equipment costs set forth in Exhibit B are inadequate, the Rate Review Committee shall determine the additional amount needed. Each party shall contribute its share of such additional amount, which share shall be based on the party's percentage share of the total population of all agencies participating in the Solid Waste Management Program, upon approval of the City/Town Managers. The additional payments shall be paid to the order of the City of Monte Sereno and mailed or delivered to the City of Monte Sereno City Manager's Department within thirty (30) days of billing. If the implementation and equipment costs set forth in Exhibit B exceed what is actually needed, the excess amount shall be applied against operating expenses for the succeeding fiscal year. 2. Operating Costs. If, in any fiscal year, the projected operating costs are higher than as previously approved by the City/Town Managers, the Rate Review Committee shall determine the additional amount needed to meet the operational costs for that fiscal year. Each party shall contribute its share of the additional amount, _ Agrs\WVSWMCop.Agr 5 West Valley Solid Waste Management Agreement determined in the manner prescribed in subsection 7.a. above, upon approval by the City/Town Managers. The additional payments shall be paid to the order of the City of Monte Sereno and mailed or delivered to the City of Monte Sereno within thirty (30) days of billing. e. Irreparable Damage to Equipment. In the event that any Solid Waste Management Program equipment is destroyed or damaged beyond repair, purchase of replacement equipment shall be recommended to the City/Town Managers. If approved by the City/Town Managers, the cost of replacement equipment shall be allocated among all parties based upon each party's percentage of the total population of all parties to this Agreement; excepting such damage resulting from the willful misconduct of the City of Monte Sereno, their officers, agents and employees, in which event, the replacement cost shall be borne by the City of Monte Sereno. f. Non -Refundable Payments. Payments made pursuant to this Agreement shall be non- refundable and shall not be returned to any party unless all parties agree to the refund. g. Termination of Agreement 1. Account Funds. If all then -current parties agree to terminate this Agreement and to discontinue the Program, any remaining funds shall be distributed to the then - current parties to this Agreement. Such distributions shall be distributed on the basis of each party's percentage share of the total population of the then -current parties to this Agreement. Distributions shall not be made until all outstanding expenses of the Program have been paid or otherwise provided for. 2. Proceeds From Sale or Transfer of System Equipment. If the then -current parties agree to terminate this Agreement and to discontinue the Program, and if the Agrs\WVSWMCop.Agr 6 West Valley Solid Waste Management Agreement City/Town Managers sell or transfer all or any portion of the Program equipment pursuant to Section 10, below, any such proceeds received from such sale or transfer shall be distributed in the manner specified in Section 10, below. 3. Notice to Program Staff. If the Program is discontinued, Program staff shall be so advised in writing and the reasons therefor at least 30 days in advance of such action. 8. Insurance. Liability insurance coverage shall be provided by one of the participating West Valley Jurisdictions as determined by the City/Town Managers. Any West Valley Jurisdiction can provide liability insurance coverage for all operations of the Solid Waste Management Program, insuring the jurisdictions and the Solid Waste Management Program against the acts and omissions of the program staff and/or volunteers related in any way to the operation of the Solid Waste Management Program. The liability insurance coverage can be procured through the purchase of an insurance policy directly insuring the Solid Waste Management Program, or the addition of the Solid Waste Management Program to a Jurisdiction's existing insurance policy, or a contractual liability endorsement to a City's existing insurance policy or any other arrangement approved by the Rate Review Committee. In all events, the insurance coverage shall include cross liability endorsements and will provide that the carrier will not have rights of indemnity or contribution from the West Valley Jurisdictions, including their officers, agents and employees. If the insurance coverage secured by the jurisdiction has a deductible provision, that deductible amount shall be treated as a program expense as stated in this paragraph. 9. Hiring of Employees. The operation of the Solid Waste Management Program requires the filling of two positions by the City of Monte Sereno. Although two staff positions are Agrs\WVSWMCop.Agr 7 West Valley Solid Waste Management Agreement currently contemplated, additional staff may be hired for a limited term if specifically authorized in writing by the West Valley Jurisdictions. The City of Monte Sereno will consult with the Rate Review Committee prior to offering employment. The persons hired by the City of Monte Sereno pursuant to this Section will be employees of the City of Monte Sereno. The salary and all fringe benefit costs incurred by the City of Monte Sereno in the employment of the persons hired pursuant to this Section shall be paid for out of the Solid Waste Management Program funds contributed by the parties pursuant to Section 7 of this Agreement at the time these costs are due and payable. 10. Ownership of Equipment. Ownership of the Solid Waste Management Program equipment purchased pursuant to this Agreement, which is more fully described in Exhibit A, attached hereto and incorporated herein by this reference, or any replacement equipment, shall be vested as follows: a. Ownership of all equipment described in Exhibit A or replacements of such equipment, shall be vested in the City of Monte Sereno, which shall not have the right to sell, transfer or otherwise dispose of such equipment without the prior written approval of the City/Town Managers. b. In the event that this Agreement is terminated and the Solid Waste Management Program is discontinued, the City/Town Managers or their designee shall sell, transfer or dispose of machines or equipment referred to in Exhibit A in any manner allowed by law. To the extent permitted by law, any proceeds received by the Solid Waste Management Program shall be distributed among the past and present parties to this Agreement who contributed to the cost of acquiring such machines or equipment based upon each party's percentage contribution to the acquisition of such machines or equipment. _ Agrs\WVSWMCop.Agr 8 West Valley Solid Waste Management Agreement 11. Administration. a. Fiscal Responsibilities. The City of Monte Sereno agrees to be the general administering agency for the Solid Waste Management Program. In addition to providing access to and use of the Solid Waste Management Program by the other parties, the City of Monte Sereno will act as the general administering agency and the fiscal agent for the Solid Waste Management Program pursuant to the direction of the Rate Review Committee. The City of Monte Sereno shall provide fiscal management of the Program fund and expenditures, including, but not limited to: (1) properly account for all monies received under this Agreement and from which shall be paid all costs and expenses incurred under this Agreement; (2) billing each party for that party's share of the costs under this Agreement; (3) providing each of the parties and the Rate Review Committee with quarterly reports and an annual financial report at the end of each fiscal year; and (4) payment of all West Valley Solid Waste Management Program expenses. When program operation requires payments to be made, including reimbursements, the money used will be, and will be limited to, the Solid Waste Management Program money contributed to the program by the cities, or provided by other sources as shown in Exhibits A and B. The Solid Waste Management Program and/or the City of Monte Sereno shall keep good and detailed records of its operations, financial transactions and payroll. b. Reimbursement for the City of Monte Sereno. The City of Monte Sereno will be reimbursed from the Solid Waste Management Program money for its expense incurred in performing those services that directly relate to the provision of Solid Waste Management Program service(s), and for providing the office space. Reimbursement for Agrs1WVSWMCop.Agr 9 West Valley Solid Waste Management Agreement materials used will be at cost. Reimbursement for providing the office space will not exceed the reasonable rental value of the space. Reimbursement for services rendered in the operation of the Solid Waste Management Program which are under the terms of this Agreement reimbursable, will not exceed the cost of direct labor, including fringe benefits, insurance, and general or administrative expense or supervision. c. Hours and Days of Operation. The Solid Waste Management Program shall observe the same holidays as those observed by the City of Monte Sereno. The Solid Waste Management Program shall operate 40 hours per week, Mondays through Fridays, with core hours from 9:00 a.m. to 4 p.m. The following holidays shall be observed by Program staff: January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Columbus Day - Second Monday in October November 11 - Veterans Day Thanksgiving Day Friday following Thanksgiving December 25 d. Provisions for Office Supplies. The City of Monte Sereno will provide normal expendable office supplies such as, but not limited to, stationery, postage and advertising Agrs\WVSWMCop.Agr 10 West Valley Solid Waste Management Agreement on a reimbursable dollar -for -dollar basis for Solid Waste Management Program operation. The Solid Waste Management Program shall keep its expenses within the line items set forth in the budget attached as Exhibit B. If Program staff are assigned tasks which require more resources than anticipated, Program staff will advise Monte Sereno's City Manager in writing as soon as Program staff realizes that additional funds will be needed to complete such tasks. 12. New Users. Any agency which is not a party to this Agreement and which is subsequently allowed to participate in the Solid Waste Management Program after the Program has been initiated, shall be required to pay its fair share of the Program's original start-up costs specified in Exhibit A prior to actual participation in the Program. Such fair share costs shall be based on the new agency's percentage share of the estimated total population of all agencies participating in the Solid Waste Management Program, including the new agency's population, as established by the most recent California State Department of Finance Population Estimates. A non -participating agency seeking to participate in the Solid Waste Management Program shall receive the approval of the City/Town Managers. New agencies that are allowed to participate in the Program shall be required to execute an amendment to this Agreement by which the new agency agrees to be a party to this Agreement and to be subject to all of its terms and conditions. The amendment may be executed by the City of Monte Sereno City Manager who is authorized to execute the amendment on behalf of the parties to this Agreement. 13. Termination. Any party may terminate its participation in the Solid Waste Management Program by providing written notice of termination to the Rate Review Committee and to the City of Monte Sereno City Manager on or before April I, which will be effective as of the Agrs\W V S WMCop.Agr 11 West Valley Solid Waste Management Agreement following July 1. In the event a party(ies) fails to provide a timely written notice of termination and funds are not appropriated by that party(ies) for the next succeeding fiscal year, that party(ies) shall contribute its allocated share for the first three months of the succeeding fiscal year. The allocated share shall be the percentage share in effect for the immediately previous fiscal year, multiplied by the proposed budget for the succeeding fiscal year. 14. Amendments. This Agreement embodies the entire Agreement of the parties. There are no other agreements or understandings between the parties relating to those matters covered in this Agreement. Any amendments or modifications to this Agreement shall be in writing and, with the exception of amendments made pursuant to Section 12, above, signed and approved by each party prior to becoming effective. 15. Notices. Any notices required to be given under this Agreement shall be in writing and shall be delivered in person or by first-class mail to the respective parties as follows: To City of Campbell: City Manager City of Campbell 70 North First Street Campbell, CA 95008 To Town of Los Gatos: Town Manager Town of Los Gatos P.O. Box 949, 110 E. Main Street Los Gatos, CA 95031 _Agrs\W VSWMCop.Agr 12 West Valley Solid Waste Management Agreement To City of Monte Sereno: City Manager City of Monte Sereno 18041 Saratoga -Los Gatos Road Monte Sereno, CA 95030 To City of Saratoga: City Manager City of Saratoga 13777 Fruitvale Avenue Saratoga, CA 95070 16. Indemnification. Each party shall contribute to the cost of any claim, loss, liability or defense costs arising out of or resulting in any way from the operation of the Solid Waste Management Program by the City of Monte Sereno, their officers, agents and employees, excepting acts of willful or wanton misconduct by the City of Monte Sereno, its officers, agents and employees. Such costs shall be allocated among the parties, based upon each party's percentage of the total population of all parties to this Agreement. 17. Supersedes Prior Agreement. That agreement previously entered into by and between the parties hereto, dated September 9, 1993, is hereby superseded by this Agreement and shall be of no further force or effect. Agrs\WVSWMCop.Agr 13 West Valley Solid Waste Management Agreement WITNESS THE EXECUTION HEREOF the day and year first hereinabove written. CITY OF CAMPBELL APPROVED AS TO FORM: CITY OF CAMPBELL ATTEST: City Attorney City Manager City Clerk TOWN OF LOS GATOS APPROVED AS TO FORM: TOWN OF LOS GATOS ATTEST: Town Attorney Town Manager Town Clerk CITY OF MONTE SERENO APPROVED AS TO FORM: CITY OF MONTE SERENO ATTEST: City Attorney City Manager City Clerk CITY OF SARATOGA APPROVED AS TO FORM: CITY OF SARATOGA ATTEST: City Attorney City Manager City Clerk Agrs1WVSWMCop.Agr 14 West Valley Solid Waste Management Agreement Exhibit A West Valley Solid Waste Management Program I. Start -Up Costs Recruitment $ 1,617.00 Office Furniture 2,250.50 Computer 3,000.00 Telephone 400.00 Total $ 7,267.50 II. West Valley Solid Waste Management Program - Cost Sharing Start-up costs are allocated among the parties to this Agreement on the basis of each party's percentage share of total population of all parties to this Agreement. Percent City Population* of Total Campbell 34,855 35.8 % Los Gatos 28,197 29.0% Monte Sereno 3,463 3.6% Saratoga 30.710 31.6% Totals: 97,225 100.0% * California Department of Finance data, effective January 1, 1990 Agrs\WVSWMCop.Agr 15 West Valley Cities' Solid Waste Program Budget FY 1996-1997 WVBudF96.WB1 Exhibit B Date Issued 09/16/96 Salaries and Benefits FY 1996-97 Program Manager Salary (does not include health benefits) $59,820 PERS $9,100 Soc Sec $3,710 MEDI $870 Work Comp $460 Sub -Total $73,960 Admin. Asst Salary $13,240 Soc Sec $820 MEDI $190 Work Comp $100 Sub -Total $14,350 Fixed Costs Liability Insurance $2,000 Utilities $650 Property insurance: (incl. fire, equipment and earthquake) $280 Janitorial $320 Financial Mgmt, (acctglbkpg) $220 Sub -Total $3,470 Supervision $3,460 Equipment Upgrade (Computer System) $0 Equipment Replacement Fund (5-year cycle) $1,000 Equipment Repair & Maintenance $500 Supplies $1,600 Telephone/Fax $1,800 Legal Services (@$125/hour) $9,000 Waste Management Consultant Services $10,000 (Ecodata contract) Mileage, Subscriptions, Memberships $1,800 Sub -Total $29,160 TOTAL PROGRAM COST: $120,940 Computer re -purchase by City of Monte Sereno $3,185 (fees for purchase were paid for in FY1995-1996) ALLOCATION BY JURISDICTION: FY1996-97 % Share Base Budget FY1996-97 Campbell: $46,247 38.24% Los Gatos: $34,988 28.93% Monte Sereno: $3,967 3.28% Saratoga: $35,738 29.55% Total: $120,940 100.00% Fee allocation based on CA Department of Finance January 1996 population statistics. INTERNAL TRACKING 44/e DEPTMENT: dO) AGENDA ITEM: /9 RESO/ORD NUMBER: iiY DATE /67C li - //5/ LIST INBOOK /i /� A (' 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 iIv MAIL TO DISTRIBUTION LIST NO.of COPIES: PROOF OF MAILING PREPARED SIGN BY CLERK/SEAL ENTER INTO ECM ORDINANCE/RESOLUTION FILE FILE IN VAULT CODIFICATION IF ORDINANCE ! cit:d16:1o(herloedrea2 OFFICE OF THE TOWN CLERK ORDINANCES & RESOLUTIONS ORIGINATING DEPT: COUNCIL AGENDA DATE: COUNCIL AGENDA ITEM: SUBJECT: Number: Date of Adopt: (1)ki A.41 RESOLUTION COUNCIL ACTION: AYES: NAYS: ABSENT: ABSTAIN: COUNCIL MEMBERS NAMES: Number. Date of Intro: Date of Adopt: ZONE CHANGE: ORDINANCE Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin Mayor(or Chairman) RANDY ATTAWAY ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK BY WEDNESDAY AT 12 NOON. ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION RESOLUTION 1996 - 144 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED COOPERATIVE AGREEMENT WITH THE WEST VALLEY CITIES FOR SOLID WASTE MANAGEMENT AND TO EXECUTE SUBSEQUENT AMENDMENTS TO THAT AGREEMENT WHEREAS, the Town of Los Gatos entered into a cooperative agreement with the West Valley Cities for provision of a Solid Waste Management Program in November 1990; and WHEREAS, the Program has been "hosted" (as defined in the Agreement) by the City of Monte Sereno from July 1, 1993, through June 30, 1996; and WHEREAS, a new agreement has been prepared to indicate a new term and certain other changes; NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: 1. That the Town Manager be authorized and directed to execute the attached amendment to the cooperative agreement with West Valley Cities for Solid Waste Management for the period of July 1, 1996. 2. That the Town Manager is authorized to execute future amendments to the Exhibits to the Amended Agreement so long as they conform to the adopted Los Gatos Town Budget. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the l8th day of November, 1996 by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin, 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 November 18, 1996 Los Gatos, California CUPOLA/LYNDON CARRIAGE HOUSE/PROJECT 9503/RESOLUTION 1996-141 (11.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-141 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENT ON BEHALF OF THE TOWN WITH TIM LANTZ FOR PROJECT 9503 - J.W. LYNDON CARRIAGE HOUSE CUPOLA RESTORATION. Carried unanimously. WEEDS DECLARED A PUBLIC NUISANCE/RESOLUTION 1996-142 (12.23) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-142 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DECLARING WEEDS A PUBLIC NUISANCE AND PROVIDING FOR THEIR ABATEMENT. Carried unanimously. WEED ABATEMENT/FEE INCREASE/FIRE MARSHAL/RESOLUTION 1996-143 (13.23) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-143 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE MAYOR TO EXECUTE THIRD AMENDMENT TO AGREEMENT WITH THE SANTA CLARA COUNTY FIRE MARSHAL INCREASING FEES FOR THE ABATEMENT OF WEEDS AND BRUSH. Carried unanimously. SOLID WASTE MANAGEMENT/WEST VALLEY CITIES/RESOLUTION 1996-144 (14.08) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-144 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDED COOPERATIVE AGREEMENT WITH THE WEST VALLEY CITIES FOR SOLID WASTE MANAGEMENT AND TO EXECUTE SUBSEQUENT AMENDMENTS TO THAT AGREEMENT. Carried unanimously. COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING/RESOLUTION 1996-145 (15.19) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-145 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE AGREEMENTS BETWEEN THE COUNTY OF SANTA CLARA AND THE TOWN OF LOS GATOS FOR PARTICIPATION IN THE URBAN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEARS 1996- 97. 1997-98 AND 1998-99. Carried unanimously. LARK AVE/WINCHESTER BLVD/LANDSCAPING/PROJ 473CH185/RESO 1996-146 (16.35) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-146 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF DIABLO LANDSCAPING ON PROJECT 473CHI85 LARK AVENUE AND WINCHESTER BOULEVARD LANDSCAPING - PHASE I - AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK. Carried unanimously. CROSSING GUARD SERVICES/LOS GATOS SCHOOLS/RESOLUTION 1996-147 (17.09) Motion by Mrs. Lubeck, seconded by Mr. Attaway, that Council adopt Resolution 1996-147 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE THIRD AMENDMENT TO AGREEMENT WITH LOS GATOS UNION SCHOOL DISTRICT FOR CROSSING GUARD SERVICES. Carried unanimously. TC:D8:MM111896 3