1991-266-Authorizing The Town Manager To Execute Amendment No. 1To The 1977 Sewer Agreement Between West Valley Sanatation District And The Town Of Los GatosRESOLUTION 1991 -266
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE
AMENDMENT NO. 1 TO THE 1977 SEWER AGREEMENT
BETWEEN WEST VALLEY SANITATION DISTRICT AND
THE TOWN OF LOS GATOS
WHEREAS, West Valley Sanitation District gave written notice that they wished to
amend the existing agreement as spelled out under the Terms of Agreement Section A of
the 1977 Sewer Agreement.
WHEREAS, the West Valley Sanitation District and Town Staff have met since June
of 1991 and agreed upon the recommended changes to the Agreement on November 7,
1991.
WHEREAS, the West Valley Sanitation District Board has approved the amendment
at their November 13, 1991 meeting.
RESOLVED: that the Town Manager be authorized to execute Amendment No. 1
to the 1977 Sewer Agreement between West Valley Sanitation District and the Town of Los
Gatos on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Los Gatos, California, held on the 2nd day of December 1991, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Mayor Eric D. Carlson,
and Brent N. Ventura
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
L20 \cnc1rpts \sewrag rm. pfm
rOWN CLERK /
AGR:. rl %i {C�EJ
1:_
11/6/91 H I _
RErZ f5 fl- ILA
AMENDMENT NO. 1 TO 1977 SEWER —
AGREEMENT BETWEEN THE WEST VALLEY
SANITATION DISTRICT
AND THE TOWN OF LOS GATOS
of CThis Amendment to Agreement is made and entered into this � r4 day
d!!O»l/ 1/ } , 1991 by and between the West Valley Sanitation District
(formerly County Sanitation District No. 4, (hereinafter "District ") and the Town
of Los Gatos (hereinafter "Town ").
RECITALS
'-,nxr.REAS, On May 19, 1977, the Town entered into an agreement with the District
entitled "District 4 - Los Gatos, 1977 Sewer Agreement" (herein referred to as
"Agreement ").
WHEREAS, certain changes have occurred in procedures regarding the Town sewer
system operation, funding of sewer extensions and replacement, and staffing at
each agency;
WHEREAS, District and Town desire to provide improved services at less cost by
using current technology and eliminating redundancy;
NOW, THEREFORE, for and in consideration of their mutual promises, and subject
to the terms, provisions and conditions hereinafter set forth, the parties do
hereby agree as follows:
Section 1
PART I, Section A, Paragraph 5 is amended to read:
(a) Building Sewer -- The conduit from a plumbing system to a public
sewer, consisting of two parts: (1) a portion within a public sewer
easement or right -of -way; (2) a portion on private property.
(b) Branch -- A sewer which receives wastewater from two (2) to one
hundred (100) laterals and discharges into a main sewer.
(c) Interceptor -- A sewer which receives wastewater from two or more
trunk sewers and conducts it to a treatment plant.
(d) Lateral -- A sewer which discharges wastewater from a building sewer
into a branch or main sewer and which has no other building sewer
and which has no other building sewer tributary to it.
(e) Main -- A sewer which receives wastewater from two or more branches
and from laterals.
Revised 11/7/91 1
(f) Trunk -- A sewer which receives discharge from two or more mains.
(g) Public Sewer -- The portions of a building sewer within a public
sewer easement or right of way, branches, interceptors, laterals,
mains and trunks.
(h) P?u.nbing Svstems -- The plumbing system is fixtures and traps, all
drainage and vent pipes and all building drains.
Section 2
PART I, Section A, add Paragraphs 15, 16 and 17 as follows:
15. Hillside Zone - Hillside Sewer Maintenance Zone refers to all that
territory situated within the Hillside Zone area of the district as
shown and delineated with a report entitled "Establishment of a
Hillside Sewer Maintenance Zone within the West Valley Sanitation
District," dated April 4, 1990, which is kept at the district office
and is signed by the District Manager and Engineer. Hillside Zone
Reserve Account Fee is the fee which is paid by all connectors within
the Hillside Zone (as defined above) to pay for sewer repairs
necessitated by land movement or erosion.
16. Septic System Abandonment Program - The Septic System Abandonment
Program refers to a construction and financing program of West Valley
Sanitation District to provide sanitary sewers to neighborhoods
served by septic systems.
17. Town Director of Public Works - Where reference is made in the
Agreement to Town Director of Public Works, replace by Town Manager
or designee.
Section 3
PART II, Section B, Paragraphs 1, 2 and 3 are amended to read:
1. Building Sewers on Private Property and Public Sewers - Matters of
design and construction of building sewers on private.property are
subject only to control by the Town, but such sewers must be designed
and built to reduce the entrance of storm water and ground water to
a minimum. Matters of design and construction of public sewers, are
subject to control by the District.
2. Public Sewers - Matters of design and construction of public sewers
are subject only to control by the District. Town requests for
public sewers construction must be made to the District at least one
year before the public sewer is needed. It is the obligation of the
District to build the public sewer necessary to convey wastewater
which may, under the terms of this agreement, be discharged into
the Town's System.
Revised 11/7/91 2
3. Cost of Construction - As between the Town and the District, the
District will construct and pay the capital cost of constructing
public sewers. The funding sources for this construction will be
from the formation of assessment districts, the hillside zone
program, septic system abandonment program, developer contribution,
district participation program or other similar financing programs
established by the District.
Section 4
PART II, Section D, is amended to read:
Section D. Operation and Maintenance of Town's Sewer System.
The Town shall operate and maintain the Town's System under an operation
and maintenance management program provided by the District or other
;rcgram developed by the Tow:n, and approved by the District. The District
shall reimburse the Town all of the Town's cost of doing so. Requests for
payments shall be made in the manner provided in Part III C.3. The Town's
operation and maintenance responsibilities shall include but not be limited
to sewer cleaning, root treatment, removal of stoppages, and performance
of minor repairs. The district shall administer and fund repair and
reconstruction projects within the Town.
Section 5
PART II, Section E, Paragraphs 1, 2 and 3 are amended to read:
Section E. Administration of Town's Sewer System
1. Town Obligations - With reference to building sewers on private
property the Town shall approve designs, issue permits, collect fees,
and inspect installations pursuant to the uniform plumbing code.
2. District Obligations - With reference to the Town's sewer system,
the District shall:
(a) Plan, design and approve designs of public sewers. The
district shall incorporate the comments of the Town maintenance
department in its approval and design process.
(b) Acquire interests in land.
(c) Construct and inspect, issue permits for construction and
connection, and collect fees prescribed by the District.
(d) Measure the rate of flow, quantity and content of wastewater
as necessary for monitoring compliance of the Town and the
District with the provisions of this agreement.
Revised 11/7/91 3
3. Cost of Performance - The District shall perform the District's
obligations under Part II E at its own expense. The Town shall
perform the Town's obligation at its own expense.
Section 6
PART III, Section A, Paragraph 2 is amended to read:
2. Notice to District - Applicant must secure a permit from the District
to connect to the public sewer. Proof of a District permit shall
be a condition of the Town's approval of the portion of the building
sewer on private property.
PART III, Section B. Paragraphs 2 and 3 are amended to read:
Construction Work - 17hen additional public sewers either in the Town
or leading from the Town to the treatment and disposal facility are
necessary to serve the Town or when it is apparent that such public
sewers will become necessary in the reasonably near future, the
District will design and construct them and will pay the cost of
doing so. Both design and construction of public sewers in the Town
and the manner of making Town requests for construction are governed
by Part II B 2 of this agreement.
3. Limitation on Construction Obligation - The District is not obligated
to do construction work under the provisions of any part of this
agreement unless it can obtain money to pay the capital cost by
reasonable tax levy, sewer service charges, formation of an
assessment district, governmental grants, or issuance of general
obligation or revenue bonds.
Section 7
PART III, Section C, Paragraph 1 is amended to read:
1. Operation of Sewer System - The District shall operate and maintain
its entire system except that portion of its system which is within
the Town. The District shall administer and fund sewer repair and
reconstruction projects on it system with the Town. The Town shall
operate and maintain the portion of the District system which is
within the Town under the operation and maintenance management
program provided by the District or other program developed by the
Town and approved by the District (refer to Part II, Section D).
MMUMM-1
PART I%, Section A, Term of Agreement is amended to read:
This amended agreement is in effect from January 1, 1992 through June 30,
1997, and is automatically renewed for an additional four -year period
unless either party by January 1, 1997 gives written notice to the other
Revised 11/7/91 4
that it does not wish to renew this amended agreement. This agreement can
also be terminated at any time by written agreement of the parties or by
operation of law. If not otherwise terminated, this agreement shall
terminate on July 1, 2001.
Section 9
All of the terms and provisions of the original Agreement, except those
specifically amended herein, remain in full force and effect.
WITNESS THE EXECUTION HEREOF the day and year first hereinabove written.
A "PROVED AS TO FOR"!:
KP-T RINE ANDERTON
Town ttorney
ATTEST:
Li �r
MARIAN V. COSGROVE, OWN CLERK
APPROVED AS TO FORM:
�70ISTR,fCT COUNSEL
pfm007:a; \contract \amanAt1g.doC
Revised 11/7/91 5
TOWN OF L/OnS� /G/ATOOS
By:
TOWN MANAGER
Town of Los Gatos
P.O. Box 949
Los Gatos, CA 95031
WEST VALLEY SANITATION
DISTRIICCT OF SANTA CLARA CO.
B ��
Y• 4 i
Title: Chairaerson of the
Board of Directors
100 East Sunnyoaks Avenue
Campbell, CA 95008
Telephone (408) 378 -2407