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1990-227-Authorizing Execution Of An Agreement With The City Of Campbell, City Of Monte Sereno, And City Of Saratoga For The Provision Of Solid Waste Management ServicesRESOLUTION 1990 -227 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING EXECUTION OF AN 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 Council has found a need to provide expanded solid waste management services within the Town; and WHEREAS, the Town Council has determined that it is in the best interest of the residents of the Town of Los Gatos to implement a West Valley Solid Waste Management Program in cooperation with the Cities of Campbell, Monte Sereno, and Saratoga; and WHEREAS, Solid Waste Management Program costs will be allocated among the parties to the attached Agreement, based on each party's percentage share of the total population of all parties to the Agreement. CSD08:A: \RESOS \CS110590.227 ® I 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 Agreement for provision of solid waste management services. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 5th day of November, 1990, by the following vote: COUNCIL MEMBERS: AYES: Joanne Benjamin, Eric D. Carlson Robert L. Hamilton, Brent N. Ventura Mayor Thomas J. Ferrito NAYES: None ABSENT: None ABSTAIN: None SIGNED: 'MAYOR OF THE %T WN OF LOS GATOS LOS GATOS, CAL FORNIA ATTEST: CLERK OF THE TOWN OF LOS,)GATOS LOS GATOS, CALIFORNIA -2- CSDO8:A: \RES0S \CS110590.227 f( WN CLERK <E C: EXHIBIT A to Attachment 1 AGREEMENT TO PROVIDE / r U SOLID WASTE MANAGEMENT TO THE tJ WEST VALLEY CITIES k,r =t THIS AGREEMENT is made and entered into this day of 1990, 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 Cities "). RECITALS WHEREAS, each of the West Valley Cities has identified a need to provide expanded solid waste management services within their communities; and WHEREAS, the West Valley Cities 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 Cities have determined that the Solid Waste Management Program office should be located at the City of Saratoga; and WHEREAS, each of the West Valley Cities desire to enter into an Agreement 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; 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 ... =' �111 Valley Cities which will provide a coordinated and comprehensive Solid Waste Management Program to assist the West Valley Cities 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 Managers to 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; 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 Cities agrees to be a party to this Agreement. 3. Term. The term of this Agreement shall commence upon the date of execution of this Agreement by all parties and shall terminate on June 30, 1992 unless terminated earlier as provided herein. It is anticipated, however, that the parties will renew this Agreement. 4. Rate Review Committee. The Rate Review Committee shall make recom- mendations to City Managers on the following: a. Policies and procedures necessary to implement the purposes of this 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 Managers. 2 5. City Managers. The City Managers of each of the four West Valley Cities 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 Cities which will provide a coordinated and comprehensive Solid Waste Management Program to assist the West Valley Cities 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 equipment purchase cost and all other costs of the Solid Waste Management Program shall be paid by the parties to this Agreement as per Exhibits A and B. 7. Payments. a. Allocation of Costs. Cost components of the Solid Waste Management Program include: (i) start -up, 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 Program. The population figures used for allocating these costs shall be established by the most recent State of California Department of Finance Population Estimates. 3 b. Payments. All paymen- referenced herein shall be made to the C 'y of Saratoga and celivered to the following: To City of Saratoga: City Manager 13777 Fruitvale Avenue Saratoga CA 95070 C. Start-up, Implementation and Equipment Costs. 1. Definition. For purposes of this Agreement, "start -up, implementation, and equipment costs" shall include, but not be limited o, the required share of the following costs: initial pe onnel, training, supplies and materials; and other costs incurred in the start -up, implementation and equipping of the Solid Waste Management Program Office. 2. Contributions. Each party shall contribute its fair share of original start -up, implementation, and equipment costs for the Solid Waste Management Program. These costs and each party's share of these costs, are set forth in Exhibit "A ", attached hereto and incorporated herein by this reference. Payments required to be paid under this Subsection 7.b.2. shall be paid to the order of the City of Saratoga and delivered to the City of Saratoga. d. 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, maintenance, repair, training and other costs incurred in the annual operation of the Solid Waste Management Program. 4 2. Annual Operating Costs - Fiscal Year 1990 -91. The annual operating costs for Fiscal Year 1990 -91 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 Saratoga and delivered to the City of Saratoga. 3. Annual Operating Costs --Succeeding Fiscal Years. Prior to the commencement of any succeeding fiscal year, the City of Saratoga shall estimate the annual operating expenses for that fiscal year. The Rate Review Committee shall develop an operating budget for approval by the City Managers. On or before April 1 of the preceding fiscal year, the City of Saratoga 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 Saratoga and delivered to the City of Saratoga. Payments for each quarter are due within thirty (30) days following the beginning of that quarter. e. Adjustment in Costs. 1. Start-up, Implementation and Equipment Costs. If the projected startup, implementation, and equipment costs set forth in Exhibit "A" are inadequate, the Rate Review Committee shall determine the additional amount needed. Each party shall contribute its share of such additional amount, which share 5 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 Managers. The additional payments shall be paid to the order of the City of Saratoga and delivered to the City of Saratoga City Manager's Department within thirty (30) days of billing. If the start- up, implementation, and equipment costs set forth in Exhibit "A" exceed what is actually needed, the excess amount shall be applied against operating expenses for Fiscal Year 1990- 91. 2. Operating Costs. If, in any fiscal year, the projected opera- ting costs are higher than as previously approved by the City Managers, the Rate Review Committee shall determine the addi- tional amount needed to meet the operational costs for that fiscal year. Each party shall contribute its share of the additional amount, determined in the manner prescribed in subsection 7.a. above, upon approval by the City Managers. The additional payments shall be paid to the order of the City of Saratoga and delivered to the City of Saratoga within thirty (30) days of billing. f. Irreparable Damage to Eauivment. 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 Managers. If approved by the City 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 co this Agreement; excepting such damage resulting from the willful 6 misconduct of the City of Saratoga, their officers, agents and employees, in which event, the replacement cost shall be borne by the City of Saratoga. g. 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 terminate this Agreement and to discontinue the Solid Waste Management Program. 1. Account Funds. If all 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 all parties agree to terminate this Agreement and to discontinue the Program, and if the City 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. 8. Insurance. Liability insurance coverage shall be provided by one of the participating West Valley Cities as determined by the City Managers. Any West Valley City can provide liability insurance coverage for all operations of the Solid Waste Management Program, insuring the cities and the Solid Waste Management Program against 7 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 City's existing insurance policy, or a contractual liability endorse- ment 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 carr_ =r will not have rights of indemnity or contribution from the West Valley Cities including their officers, agents and employees. If the insurance coverage secured by the city has a deductible provi- sion, 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 up to two new positions by the City of Saratoga. The City of Saratoga will recruit and hire these persons. However, the City of Saratoga will consult with the Rate Review Committee prior to offering employment. The persons hired by the City of Saratoga pursuant to this Section will be employees of the City of Saratoga. The salary and all fringe benefit costs incurred by the City of Saratoga 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 Agree- ment at the time these costs are due and payable. 10. Ownership of Equipment. Ownership of the Solid Waste Management Pro- gram equipment purchased pursuant to this Agreement, which is more 0 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 Saratoga, which shall not have the right to sell, transfer or otherwise dispose of such equipment without the prior written approval of the City Managers. b. In the event that this Agreement is terminated by all parties and the Solid Waste Management Program is discontinued, the Rate Review Committee 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 Rate Review Committee 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 contribu- tion to the acquisition of such machines or equipment. 11. Administration. a. Fiscal Responsibilities. The City of Saratoga agrees to be the general administering agency for the Solid Waste Management Pro- gram. In addition to providing access to and use of the Solid Waste Management Program by the other parties, the City of Saratoga 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 Saratoga shall provide fiscal management of the Program fund and expenditures, including, but not limited to: (1) properly account for all monies received R] 9 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 Saratoga shall keep good and detailed records of its operations, financial transactions and payroll. b. The City of Saratoga 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, if it elects to request reimbursement, for providing the office space. Reimbursement for 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 Agree- ment reimbursable, will not exceed the cost of direct labor, including fringe benefits, insurance, and ;eneral or administra- tive expense or supervision. 10 c. Hours and Days of Operation. The Solid Waste Management Program shall operate from 8:00 a.m. to 5:00 p.m., Mondays through Fridays, except on the following holidays: January 1 Third Monday in February Last Monday in May July 4 First Monday in September November 11 - Veterans Day Thanksgiving Day Friday following Thanksgiving December 25 d. The City of Saratoga will provide normal expendable office supplies such as, but not limited to, stationery, postage and advertising on a reimbursable dollar- for - dollar basis for Solid Waste Manage- ment Program operation. The Solid Waste Management Program shall keep its expenses within the line items set forth in the budget attached as Exhibits A and B. 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, implementation, and equipment 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 11 most recent California State Department of Finance Population Esti- mates. A non - participating agency seeking to participate in the Solid Waste Management Program shall receive the approval of the City Mana- gers. 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 Saratoga City Manager who is authorized to execute the amendment on behalf of the parties to this Agreement. 13. Termination. Any party may terminate this Agreement and its partici- pation in the Solid Waste Management Program by providing written notice of termination to the Rate Review Committee and to the City of Saratoga City Manager on or before February 1, which will be effective as of the following July 1. A party's participation in the Solid Waste Management Program shall automatically terminate at the end of any fiscal year in the event that funds are not appropriated by that party for the next 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: 12 To City of Campbell: City Manager 70 North First Street Campbell, CA 95008 To Town of Los Gatos: Town Manager P.0, Box 949 110 E. Main Street Los Gatos, CA 95031 To City of Monte Sereno: Chief Administrative Officer 18041 Saratoga -Los Gatos Road Monte Sereno. CA 95030 To City of Saratoga: City Manager 13777 Fruit ale 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 Saratoga, their officers, agents and employees, excepting acts of willful or wanton misconduct by the City of Saratoga, 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. 13 ITNESS THE EXECUTION HEREOF the day and year first hereinabove written. CITY OF CAMPBELL APPROVED AS TO FORM: CITY OF CAMPBELL City Attorney City Manager TOWN OF LOS GATOS APPROVED AS TO FORM: TOWN OF LOS GATOS Town Attorney Town Manager CITY OF MONTE SERENO APPROVED AS TO FORM: CITY OF MONTE SERENO City Attorney CITY OF SARATOGA APPROVED AS TO FORM: City Manager CITY OF SARATOGA City Attorney City Manager CSDOA:A \COHTAACT \WESTVAIL -S 14 ATTEST: City Clerk ATTEST: Town Clerk ATTEST: City Clerk ATTEST: City Clerk EXHIBIT A WEST VALLEY SOLID WASTE MANAGEMENT PROGRAM I. START JP 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 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 34,855 35.8% Los Gatos 28,197 29.0 Monte Sereno 3,463 3.6 Saratoga 30,710 31.6 Total 97,225 100.00% "California Department of Finance - January 1, 1990 B: WVSWPROG /pg. 1 -15- EXHIBIT B WEST VALLEY SOLID WASTE MANAGEMENT PROGRAM OPERATING BUDGET 1990 - 91 Salary and Benefits $39,029 Clerical Support 2,348 .25 Clerical Staff Rent and Maintenance 1,945 Supervision 3,903 .10 Env. Prog. Mgr. Equipment Repair and Maintenance 1,074 Overhead 5,475 Central Supplies, Payroll, Personnel, records mgt, legal, etc. $53,774 1990 -91 Budget assumes seven months of operation: December 1, 1990 through June 30, 1991. b:WVSWPROG /pg. 2 -16- ATTACHMENT 2 DATE: June 6, 1990 TO: Mayor and Town Council FROM: Robert F. Beyer, Interim Town Manager SUBJECT: APPROVAL OF SOLID WASTE MANAGEMENT PROGRAM RREC,OMMENDATION: 1. That the Council conceptually approve a comprehensive Solid Waste Management Program. 2. That, upon conceptual approval, Council allocate $20,000 from the General Fund and direct staff to complete the following in cooperation wich ocher West Valley Cities with regard to program administration: a. Hire an individual or firm to manage the West Valley Solid Waste Management Program. b. Prepare a Memorandum of Understanding for Council's approval. 3. That Council approve allocation of $70,000 for completion of the Solid Waste Management Plan and Waste Characterization Study required by AS 9339 If we are to meet our own solid waste management goals and objectives, as we1L as legislative requirements, then we must devote additional personnel resources to solid waste management in our communities. This report outlines a Solid Waste Management Program which will allow us co plan for the future. Through the cooperative West Valley effort, we hope to achieve economies of scale and avoid duplication of effort. Upon Council's approval of the concept of the Solid Waste Management Program, staff will prepare a Memorandum of Understanding and advertise for services to be rendered. Discussed below are the elements of a Solid Waste Management Program as recommended. Included are the following: scope of services, staffing alternatives, structure, financing alternatives, cost allocation alternatives and fiscal impact. Memo to West Valley City /Town Managers June 6, 1990 Page 2 Because of the increased activity in this area, Staff is aware that action is primarily in a reactive manner; there are also concerns about the Town's ability to meet legislative requirements which have also mushroomed over the last few years. Because of the tight schedule and the numerous requirements, AB 939 is currently the most significant of these requirements. Cities are being forced to educate our residents with regard to the value of and need to adopt new habL-s regarding refuse disposal. The personnel resources currently devoted to solid waste management consists primarily of the West Valley Rate Review Committee. The Committee was originally developed solely to review the Franchise Agreement with Green Valley Disposal Company, Inc. In recent years, however, the scope of responsibilities and activities Program, the Committee estimates and estimates that it collectively devotes an average of approximately fifty hours per week to solid waste management issues. Some weeks are completely devoted to solid waste management issues. This does not include support staff hours also committed to this Program. The Community Services Division currently operates nine programs with 6.75 full time emplyee positionso are pdevoted to 1.75 the Transit Assist o Program. venThe mp emain employee ing five positions complete the work in the eight program areas listed. The Solid Waste Management Program allocates .20 full time employees of the Community Service Manager to the program. This assumes participation in the cooperative Solid Waste Management Program without personnel assistance, Staff recommends that the Solid Waste Management Program remain status quo and not expand. Monitoring of the Franchise Agreement and recycling program have affected the Department's ability to complete other work assignments. .• 2. mgr. prosrmm: • Administration of program including monitoring of eight non - profit agencies. ('nmmi!!iOns: • Community Services Youth Advisory Commission 3. Housing • Housing Conservation Program • BMP Program • Affordable Housing • CALDAP Memo to Vest Valley City /Town Managers June 6, 1990 Page 3 4. 4ei¢hborhoodCenter: Implementation of Neighborhood Center policies and guidelines • Scheduling • Maintenance 5. Rent Mediation: • Monitor agreement with Information 6: Referral • Staff Rent Advisory Committee (review and revision of ordinance and regulations as necessary) 6. M _•�/Ares • Arts Commission • Museum Commission •3wmm ONEEK02 It is recommended that the cities develop a Joint Powers Agreement for the coordination of a Solid Waste Management Program similar to the Cal -ID Program and the Transit Assist Program. Although each city would have a staff person assigned to monitor the Solid Waste Management Program, one city would provide the lead in supervising the individual or firm hired to administer the Program. The cost of supervision as well as all overhead and in -kind contributions would be reimbursed from the pool of funds raised. Staff will prepare the document for the approval of each Council upon approval of the program. • s " The list below describes the Scope of Services which need to be performed for the cities to have a comprehensive Solid Waste Management Program. This cannot be done with staff currencly employed unless other projects are eliminated. assure conformance with AB 939 and other solid waste management legislative requirements expansion of the recycling program to include collection of additional materials (such as yard waste) service to multi - family dwelling units service to the commercial sector analysis of landfill issues Memo to West Valley City /Town Managers June 6, 1990 Page 4 coordination of Household Hazardous Waste Collection Programs representation of West Valley Cities at TAC meetings review of the franchise agreement with GVDC customer service related tasks rate review - Green Valley Disposal C, craFFING ALTERNATIVES The following provides the advantages and disadvantages of contracting with individuals and firms. It is recommended that on whether an individual or firm is hired, that the employment be a contractual basis in order to more easily terminate purchase of the services. INDIVIDUALS FIRM Advantages Advantages -- cheaper ..accountability .- responsive - -local approach - -team member INDIVIDUALS Disadvantages .- limited capacity, resources scope, knowledge . -no back -up -- turn- around time restricted - -may need to contract out for special projects - -more depth and resources access to greater specialization -- faster turnaround of projects can expand contract for special projects ..more flexibility ..can more easily address new legislation mandates FIRM Disadvantages .-more expensive --less personal --more turnover; lack of control ..bigger bureaucracy II. &= Evevr city in the State must prepare a Source Reduction and Recycling Element by July 1, 1991. Those plans must be submitted to the County and must (SR.j adds =_ss the .„.ollowing solid waste areas: waste characterization study, source redus.cion, : ecycling, composting, solid waste facility capacity, funding, special wastes and household hazardous wastes. $70 consultant This will result ainvthe Town meeting AB AB 999r requirements by having1 000 a Memo to Hest Valley City /Town Managers June 6, 1990 Page 5 completed Source Reduction and Recycling Element, including a Haste Characteriza- tion Study (See Exhibit A for more information). Each jurisdiction will be responsible for contributing funds to the program in accordance with the cost allocation method chosen. Listed below are financing alternatives: 1. General Fund Contribution It is recommended that the Solid Haste Management Program be funded through the General Fund Reserves. In future years, the possibility of-funding through refuse rates will be reviewed. The total cost for the Solid Waste Management Program ($20,000) and addressing the AB 939 requirements ($70,000) is estimated at $90,000. 2. Raise Franchise Fee The cities could fund the cost of the Solid Haste Management Program through an increase in franchise fees. Under this alternative, each city would pay for its share of program costs. The payments would be funded by additional revenue each city would obtain by increasing its refuse collection franchise fee. Pursuant to our Franchise Agreements, a ten percent franchise fee is paid to each city based on the revenue collected in that city. The franchise fee could be increased in each jurisdiction so that the additional revenue would equal the Solid Waste Management Program cost. Other issues that are involved with this alternative include the different increments needed in each city and the different impacts an additional franchise fee would have on rates in the four cities. Green Valley staff indicated that different rates among the cities are feasible, but computer system modifications would first be necessary. Another approach would be for all the cities to increase the fee, for example, to 15 percent, and recognize that some cities would generate more additional franchise revenue than necessary to cover the cost of the program. This alternative is clean and easy to administer. The funds would be incorporated into the cost of refuse collection. Another advantage is that as costs of refuse collection go up, the funds generated from the franchise fee would increase thereby building in a cost of living increase. On the negative side, this alternative would increase the garbage rates. The Franchise Agreement would be opened for renegotiation under this alternative. Memo to West Valley City /Town Managers June 6, 1990 Page 6 3, Increase the Refuse Collection Cost Advantages of adding the cost to the refuse bill include its clarity, simplicity and ease of administration. Addition of the program cost could simply be included in the total collection cost. It is just one of the tocal refuse disposal costs and is calculated in the tocal race package. However, Staff does not recommend this alternative at this time due to the increase anticipated late this summer. There are three alternatives for allocation of the costs of the Solid Waste Management Program. It appears that the allocation reach d.be based ed onpopulation, Consensus among the cities has not, yet, boon impact of each follows: ALLOCATION BASED ON POPULATION NUMBER PERCENT Campbell 34,503 35.781 Los Gatos 28,224 29.27% Monte Sereno 3,469 3.60% Saratoga 30,230 31.35% TOTAL 96,426 100.00Z ALLOCATION BASED ON NUMBER OF ACCOUNTS (DROP OFF BOX ACCOUNTS EXCLUDED) ma= PERCENT Campbell 9,287 32.91% Los Gatos 8,538 30.26% Monte Soren* 1,110 3.93E Saratoga 9,284 32.90% TOTAL 28,219 100.00% Memo to West Valley City /Town Managers June 6, 1990 Page 7 ALLOCATION BY GYD ACTUAL EXPENDITURES (1987/88 AUDIT FIGURES USED HERE) Campbell 2,683,715 38.05% Los Gatos 2,052,436 29.10% Monte Sereno 2,099,231 29,76% Saratoga 218,505 3,10% TOTAL 7,053,887 100.00% With the exception of the General Fund contribution, the alternatives presented for financing the Solid Waste Management Program have no fiscal impact on the jurisdictions. Furthermore, Council may choose the option of raising funds to not only pay for the implementation of the program, but also for costs associated with program oversight. cc: Barbara Lea Todd Argow Regina Falkner CSOOS: A;\.. I id- 601e•tvmt. Sr __ ___ � i - - -_ ;... , i w �, ATTACHMENT 3 SOLID WASTE PROGRAM MANAGER CONTRACT POSITION SALARY RANGE: $41,000 - $54,000 Annually D.O.Q. Plus Limited Benefits Applications must be received by 5 p.m. Nov. 9.1990 at THS POSITION: The Solid Waste Program Manager is a one -year contract position renewable annually. The West Valley Rate Review Committee provides general direction, however, the Environmental Programs Manager, City of Saratoga is responsible for direct supervision. The position manages solid waste programs for the four West Valley Cities. TYPICAL DUTIES: The Solid Waste Program Kanager administers and implements solid waste management programs; supervises and monitors refuse collection and residential curbside recycling programs; supervises consultants performing waste characterization studies and developing source reduction and recycling elements for the West Valley Cities; coordinates the ezpansion of of recycling programs to include commes :vial and multi - family recycling; represents the West Valley Cities at Countywide or regional meetings; coordinates Household Hazardous Waste Collection Programs; administers franchise agreement with refuse collection contractor; provides analysis of landfill related issues; provides technical staff support to the Rate Review Committee; analyzes refuse collection contractor's proposed budgets and rate adjustments; responds to customer service issues involving the refuse collection and recycling contractors; monitors and reports on legislation which might affect existing and future solid waste operations; and prepares written reports for submission to West Valley City Managers or City Councils. EDUCATION & EXPERIENCE: Equivalent to graduation from college or university with major work in engineering, environmental studies, business or public administration or a closely related field and a minimum of four years of progressively responsible experience in Solid Waste Management. KNOWLEDGE OF: Principles, practices and legal requirements of Solid Waste Management; residential and commercial recycling programs; financial reporting and budget analysis. ABILITY TO: Manage integrated Solid Waste Management Programs; administer refuse collection franchise agreements; monitor and supervise contract recycling programs; interpret and apply existing and proposed solid waste legislation; compile, organize and analyze complex data; evaluate programs; work effectively with City representatives, representatives of outside agencies, contractors and members of the public; communicate effectively orally and in writing; and work effectively with minimal supervision. POSSESSION OF: Valid California Driver's License SELECTION PROCEDURE: Following initial screening of resumes, those applicants with the most appropriate qualifications will be invited to interview for the position. EOE The Solid Waste Programs Manager will be a contract employee of four cities working through a cooperative agreement. The Cities of Campbell, Monte Sereno, Saratoga and Town of Los Gatos (West Valley Cities) work closely together on solid waste issues and have recently entered an agreement to collectively contract for solid waste management services. All four jurisdictions are served by the same refuse collection contractor and all municipal refuse is disposed of at the same privately owned landfill. Additionally, the four jurisdictions developed and implemented joint curbside recycling amd household hazardous waste collection programs. The West Valley Rate Review Committee is made up of one staff representative from each of the four jurisdictions and was originally charged with the task of annually reviewing the disposal contractor's financial statements, budget and proposed rates. More recently the role of the Rate Review Committee has expanded into program development and implementation (recycling, HHW).