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
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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).