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Item 11 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Amendment to the Cooperative Agreement with West Valley Cities for Solid Waste Management0 7 TOWN OF LOS GATOS COUNCIL AGENDA REPORT DATE: November 22, 1991 TO: MAYOR AND TOWN COUN FROM: TOWN MANAGER SUBJECT: COUNCIL AGENDA DATE: 12/16/91 ITEM NO. // ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH WEST VALLEY CITIES FOR SOLID WASTE MANAGEMENT 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. BACKGROUND: In November 1990, Council approved a cooperative West Valley Waste Management Agreement. The Rate Review Committee (representatives from each of the West Valley Cities; Campbell, Saratoga, Monte Sereno and Los Gatos) has prepared an annual operating budget in accordance with the Agreement. The cost allocations have also been updated. DISCUSSION: Cooperative Agreement The West Valley Cooperative Agreement establishes the Solid Waste Management Program within the West Valley Cities. The Agreement authorizes the City Managers of the four jurisdictions to implement solid waste management activities and provides for hiring of staff with oversight and general direction by the West Valley Rate Review Committee. It also defines administrative and fiscal responsibilities of the "host" city: preparation of an annual solid waste management budget, preparation of quarterly reports, accounting for all program funds, and supervision of contract employee. Although each city continues to have a staff person assigned to monitor the Solid Waste Management Program, the City of Saratoga hosts the cooperative program and takes leadership in supervising the Solid Waste Program Manager hired to administer the Program. The Solid Waste Program Manager's scope of work is currently limited to AB 939 related issues. PREPARED BY: Regina A. Commun RAF:dr CSD04:A:\CNCLRPTS\WESTVALL.AGR ce Director ATTACHMENTS: 1. Draft Resolution 11/22/91 10:40 am File # DISTRIBUTION: Vera Dahle, City of Saratoga, 13777 Fruitvale Ave., Saratoga 95070 Reviewed by: �C'. J Attorney Clerk Finance Treasurer COUNCIL ACTION/ACTION DIRECTED TO: PAGE 2 MAYOR AND TOWN COUNCIL SUBJECT: ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE COOPERATIVE AGREEMENT WITH WEST VALLEY CITIES FOR SOLID WASTE MANAGEMENT November 22, 1991 FISCAL IMPACT: Funds to offset the cost of this program are being collected through the refuse collection fees. The cost of the program this year is estimated to be $94,775. The Town's share is $27,362. Costs are budgeted in the Community Services Department Solid Waste Management Program account 010-755-6150. ATTACHMENT 1 RESOLUTION RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL, CITY OF MONTE SERENO, AND CITY OF SARATOGA FOR THE PROVISION OF SOLID WASTE MANAGEMENT SERVICES WHEREAS, the Town entered into a cooperative agreement with the West Valley Cities for provision of a Solid Waste Management Program; and WHEREAS, the budget and cost allocations have been revised in conformance with the agreement. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: That the Town Manager be authorized to execute the attached Amendment to the Agreement (Exhibit A) to provide solid waste management services. CSD08:A:\RESOS\CS121691.R00 -1- PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of December, 1991, by the following vote: COUNCIL MEMBERS: AYES: NAYES: ABSENT: ABSTAIN: SIGNED: ATTEST: CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CSDOB:A:\RESOS\C5121691.R00 MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA -2- EXHIBIT A AGREEMENT TO PROVIDE SOLID WASTE MANAGEMENT TO THE WEST VALLEY CITIES ADDENDUM NO. 1 - JULY 1991 For and in consideration of each others mutual promises, and in accordance with section 7 of the Agreement to Provide Solid Waste Management to the West Valley Cities entered between the parties on October 16, 1990, Exhibits A and B of the Agreement are hereby updated and amended as attached. Approved and accepted this day of CITY OF CAMPBELL APPROVED AS TO FORM: 7 .-e Atto ey City Manager TOWN OF LOS GATOS APPROVED AS TO FORM: wn Attorney CITY OF MONTE SERENO APPROVED AS TO FORM: (;;;4441 City Attorney Cit Manager ATTEST: ATTEST: Town Manager Town Clerk CITY OF SARATOGA APPROVED AS TO FORM: ATTF.5T : lr / � Y� 4?0Z ity Clerk ATTEST: City Clerk EXHIBIT A ADDENDUM NO. 1 - JULY 1991 I. WEST VALLEY SOLID WASTE MANAGEMENT PROGRAM - COST SHARING 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 (population figures are most recent State of California Department of Finance estimates). City Population* Percent of Total Campbell 36,048 38.0% Los Gatos 27,357 28.9% Monte Sereno 3,287 3.5% Saratoga 28,061 29.6% Total 94,753 100.0% *California Department of Finance - January 1991 EXHIBIT B ADDENDUM NO. 1 - JULY 1991 WEST VALLEY SOLID WASTE MANAGEMENT PROGRAM OPERATING BUDGET 1991-92 Salary and Benefits $67,000 Clerical Support 5,000 Rent and Maintenance 3,400 Supervision 6,690 Equipment Repair & Maintenance 1,850 Overhead (supplies, payroll/ personnel, legal, etc.) 9,385 Meetings, subscriptions, memberships, publications 1,450 $94,775 MQ:SW34 RESOLUTION 1991-278 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL, CITY OF MONTE SERENO, AND CITY OF SARATOGA FOR THE PROVISION OF SOLID WASTE MANAGEMENT SERVICES WHEREAS, the Town entered into a cooperative agreement with the West Valley Cities for provision of a Solid Waste Management Program; and WHEREAS, the budget and cost allocations have been revised in conformance with the agreement. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE AS FOLLOWS: That the Town Manager be authorized to execute the attached Amendment to the Agreement (Exhibit A) to provide solid waste management services. CSD08:A:\RESO5\CS121691.278 -1- PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 16th day of December, 1991, by the following vote: COUNCIL MEMBERS: AYES: Randy Attaway, Steven Blanton, Brent N. Ventura Mayor Eric D. Carlson NAYES: None. ABSENT: Joanne Benjamin ABSTAIN: None. SIGNED: /s/ Eric D. Carlson MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: /s/ Marian V. Cosgrove CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA CSD08:A:\RESOS\CS121691.278 -2- EXHIBIT B ADDENDUM NO. 1 - JULY 1991 WEST VALLEY SOLID WASTE MANAGEMENT PROGRAM OPERATING BUDGET 1991-92 Salary and Benefits $67,000 Clerical Support 5,000 Rent and Maintenance 3,400 Supervision 6,690 Equipment Repair & Maintenance 1,850 Overhead (supplies, payroll/ personnel, legal, etc.) 9,385 Meetings, subscriptions, memberships, publications 1,450 $94,775 MQ:SW34 December 16, 1991 Los Gatos, California L - CONTAMINATED PUBLIC PROPERTY/PUBLIC NUISANCE Kate Anderton, Town Attorney, stated that this ordinance will declare that public property contaminated with certain identified materials and chemicals in fact constitutes a public nuisance. Those companies identified as possible and probable contaminators are PG&E and ConAgra whose activities historically have led to the conditions requiring remediation. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council waive the reading of the Draft Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent. The Town Clerk read the Title of the Draft Ordinance. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council introduce Draft Ordinance entitled, ORDINANCE OF THE TOWN OF LOS GATOS DECLARING CONTAMINATED PUBLIC PROPERTY A PUBLIC NUISANCE. Carried by a vote of 4 ayes. Mrs. Benjamin abse nt. LIBRARY STAFF/LEADERSHIP DEVELOPMENT/DALE WATSON & ASSOCIATES Mayor Carlson stated that this was the time and place duly noted to consider entering into a contract with Dale Watson & Associates, Inc. for leadership development training of senior library staff. This item was voted on and approved during the consent calendar. Motion by Mr. Blanton, seconded by Mr. Attaway that Council follow the recommended action. Carried by a vote of 4 ayes. Mrs. Benjamin absent. Ms Egan requested reconsideration at which time Mr. Ventura moved and Mr. Blanton seconded to reconsider this item after the public hearings. Carried by a vote of 4 ayes. Mrs. Benjamin absent. The following people from the audience spoke to this issue: Shirley Egan, requested reconsideration of this item due to the expense and suggested other avenues to expend the funds for the Library. No one else from the audience addressed this issue. Motion by Mr. Ventura, seconded by Mr. Attaway, that Council take no action on this item, and reagendize this matter to a closed session meeting. Carried by 4 ayes. Mrs. Benjamin absent. i y LOS GATOS BLVD 234/VACATION/PUBLIC RIGHT-OF-WAY/RESOLUTION 1991-277 - Motion by Mr. Ventura, seconded by Mr. Attaway, that Council adopt Resolution 1991-277 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ORDERING THE VACATION OF A SIX-FOOT WIDE STRIP OF PUBLIC RIGHT-OF-WAY ALONG 234 LOS GATOS BOULEVARD, and to refer this item to Parks, Forestry and Maintenance to investigate the use of street trees along this frontage property. Carried by 4 ayes. Mrs. Benjamin absent. 7 SOLID WASTE MANAGEMENT/W.VALLEY CITIES/AGREEMENT/RESOLUTION 1991-278 Motion by Mr. Ventura, seconded by Mr. Carlson, to amend the proposed resolution in order to include a Citizens Rate Review Advisory Committee of a minimum of 4 persons. Motion failed. Mr. Ventura and Mr. Carlson voted yes. Mr. Attaway and Mr. Blanton voted no. Mrs. Benjamin absent. TC:03:MM121691 6 EXHIBIT A AGREEMENT TO PROVIDE SOLID WASTE MANAGEMENT TO THE WEST VALLEY CITIES ADDENDUM NO. 1 - JULY 1991 For and in consideration of each others mutual promises, and in accordance with section 7 of the Agreement to Provide Solid Waste Management to the West Valley Cities entered between the parties on October 16, 1990, Exhibits A and B of the Agreement are hereby updated and amended as attached. Approved and accepted this day of CITY OF CAMPBELL APPROVED AS TO FORM: i Atto ey City Manager TOWN OF LOS GATOS APPROVED AS TO FORM: wn Attorney CITY OF MONTE SERENO APPROVED AS TO FORM: ATTEST: ATTEST: Town Manager Town Clerk ATTF3'r : /Ci/14,(//64174 7 ei ty Attorney Cit ' Manager tity Clerk CITY OF SARATOGA APPROVED AS TO FORM: 2/2¼ 4 City Attorney ATTEST: Cf y Manager City Clerk December 16, 1991 Los Gatos, California SOLID WASTE CONT. Motion by Mr. Attaway, seconded by Mr. Blanton, that Council adopt Resolution 1991-278 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH THE CITY OF CAMPBELL. CITY OF MONTE SERENO. AND CITY OF SARATOGA FOR THE PROVISION OF SOLID WASTE MANAGEMENT SERVICES, and the Mayor write a letter of request that other communities consider the proposal of an advisory rate review committee, and that there is follow up at the West Valley Mayors' meeting so as to get the item on the agenda. Carried by 4 ayes. Mrs. Benjamin absent. APPROVAL OF MINUTES/DECEMBER 2, 1991 Mr. Ventura requested a correction to page 5, under Santa Cruz Ave, a motion by Mr. Attaway, the reference to a "10-inch wide tile band" should be replaced by the word "wainscoting" Motion by Mr. Ventura, seconded by Mr. Attaway, that Council approve the Minutes of December 2, 1991 as amended. Carried by a vote of 4 ayes. Mrs. Benjamin absent. CODIFICATION OF ORDINANCES/TOWN CODE/ORDINANCE INTRODUCTION Motion by Mr. Blanton, seconded by Mr. Attaway, that Council waive the reading of the proposed ordinance adopting a revision and recodification of the ordinances of the Town of Los Gatos entitled 'The Code of the Town of Los Gatos". Carried by 4 ayes. Mrs. Benjamin absent. The Town Clerk read the title of the proposed ordinance. Motion by Mr. Blanton, seconded by Mr. Attaway, to introduce the proposed ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent. AUTO DEALERS/SPECIAL EVENTS/DRAFT ZONING ORDINANCE CONSIDERATION Motion by Mr. Blanton, seconded by Mr. Attaway, to refer the draft ordinance amendments to the Planning Commission for public hearing and recommendations with report due back to the Town Council by February 3, 1992. Carried by a vote of 4 ayes. Mrs. Benjamin absent. COMPUTERSYSTEM/ACQUISITION/HARDWARE&SOFTWARE/INSTALLATION/TRAINING - Mayor Carlson stated that he would be abstaining from this item due to a potential conflict of interest. Mr. Ventura questioned the staff about the source of the funds pursuant to these actions and how the expenditure of these funds are justified given other needs in the community. David Knapp, Town Manager, stated that the funding will come from the equipment replacement fund. He believes this system to be necessary in order for the Town to be able to manage its financial resources with reliable financial information. M- Ventura asked the staff for an estimate of the amount of time it will take to complete the installation of systems to other departments that are overdue. Brian Jones, Information Systems Coordinator, stated that based on the current situation he does not see these systems being looked at for at least one year. Mr. Ventura asked if the price range for those systems is estimated to be lower, the same, or higher in the next year. Mr. Jones estimated between $250,000 and $300,000 for either of the systems. TC:D3:MM121691 7