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HomeMy WebLinkAbout12-07-1994 CITY COUNCIL STAFF REPORTSSARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. 2 MEETING DATE: DECEMBER 7, 1994 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM CITY MGR.: DEPT. HEAD: SUBJECT: Cox Avenue Landscaping Improvements, Capital Project No. 9401 - Award of Construction Contract Recommended Motion(s) : 1. Move to declare B &B Landscape Contractors, Inc. to be the lowest responsible bidder on the project. 2. Move to award a construction contract to B &B Landscape Contractors, Inc. in the amount of $44,427. 3. Move to authorize staff to execute change orders to the contract up to $6,000. Report Summary: Sealed bids for the Cox Avenue Landscape Improvements, Capital Project No. 9401, were opened yesterday' morning. A total of seven contractors submitted bids for the work and a summary of the bids received is attached. One of the bidders has requested withdrawl of their bid since they did not incorporate bidding information contained in an Addendum issued during the bid period, (see attached letter) , and I have approved this request. B &B Landscape Contractors, Inc. of Santa Clara submitted the lowest bid of $44,427 which is 21.4% below the Engineer's Estimate of $56,500. Staff has carefully checked the bid along with the listed references and has determined.. that the bid is responsive to the Notice Inviting Sealed. Bids dated November 15. Therefor, it is recommended that the Council declare B &B Landscape Contractors, Inc. to be the lowest responsible bidder on the project, and award the attached construction contract to this firm in the amount of $44,427. Further, it is recommended that the Council authorize staff to execute change orders to the contract up to an amount of $6,00.0 to cover any unknown circumstances or problems which may arise during the course of the work. Fiscal Impacts: The adopted budget contains $60,000 in Capital Project No. 9401, Acct. No. 4510, to fund the construction work and the requested change order authority. The total project budget of $64,200 has been funded by the Traffic Authority. The City is able to keep any surplus funds not used for the project. Advertising, Noticing and Public Contact: Nothing.additional. Consequences of Not Acting on the Recommended Motions: B &B Landscape Construction, Inc. will not be declared the lowest responsible bidder and a construction contract will not be awarded to that firm. The Council may make specific findings to declare another bidder to be the lowest responsible bidder, or reject all of the bids and direct staff to re -bid the entire project. However, staff does not believe that a lower bid will be obtained by re- bidding the project. Follow Up Actions: The contract will be executed and the contractor will be issued a Notice to Proceed. Work will most likely begin in early January and last through mid - February, weather permitting. Attachments: 1. Bid Summary. . 2. Letter requesting withdrawl of bid. 3. Construction Contract. I CITY OF SARATOGA I COX AVENUE LANDSCAPE IMPROVEMENTS, C.I.P. NO. 9401 BID SUMMARY ITEM N I ITEM DESCRIPTION I QUANTITY I UNITS 1-1 1-1-11 11. I IRRIGATION SYSTEM COMPLETE I 1 1 LS I I I I II 12 I LANDSCAPING COMPLETE 1 1 1 LS I I 1-1 1-1-11 I I I GINEERS ESTIMATE I B&B LANDSCAPE CONTRACTORS I DIABLO LANDSCAPE, INC. I PACHECO BROTHERS GARDENING I UNIT PRICE I TOTAL I UNIT PRICE I TOTAL I UNIT PRICE I TOTAL I UNIT PRICE I TOTAL I N/A I $38,500.00 I N/A I $30,176.00 I N/A I $30.030.00 I N/A 1 $34,990.00 I N/A I $16,500.00 I N/A 1 $13,251.001 N/A 1 $14,762.00 1 N/A I $20,850.00 I I I I I I I I I 13. 160 -DAY LANDSCAPE MAINTENANCE PERIOD I 1 1 LS 11 I I I I II N/A 1 $1,500.00 I I I N/A I $1,000.00 I I I N/A I $1.093.001 I I N/A 1 $1.000.001 I I I II TOTAL I I I I 1 $56,500.00 I I I I $44,427.00 I I I 1 $45,865.00 I I I I $56,840.00 I 1-1 COX AVENUE LANDSCAPE IMPROVEMENTS, C.I.P. NO. 9401 BID SUMMARY ITEM N I ITEM DESCRIPTION I 1. 1 IRRIGATION SYSTEM COMPLETE 1 2. 1 LANDSCAPING COMPLETE I 3. 160 -DAY LANDSCAPE MAINTENANCE PERIOD TOTAL 1 ENGINEERS ESTIMATE I LONESTAR LANDSCAPING, INC. I JOHN CLAY GENE QUANTITY I UNITS I I UNIT PRICE I TOTAL I UNIT PRICE I TOTAL I UNIT PRICE 1 1 LS 11 N/A 1 I II $38.500.00 1 N/A 1 $44,877.00 1 N/A I 1 1 LS 11 N/A 1 I I $16.500.00 1 N/A 1 I $14,304.00 1 N/A 1 1 LS 11 N/A 1 $1,500.001 N/A 1 $800.00 1 N/A $56,500.001 1 $59,981.001 -1-1-1 I 1 TOTAL UNIT PRICE I TOTAL 1-1-1-1 1 $36,899.00 1 N/A 1 $48,000.001 1-1-1-1 1 $25,000.00 1 N/A 1 $39,000.001 1-1-1-1 1 $2,000.00 1 N/A 1 $2,000.00 1 $63,899.001 1 $89,000.001 -1-1-1 . il T & L LANDSCAPING 630 Magdalena Ave. Los Altos, CA 94022 Contractor Lic. 4584178 12 -7 -1994 Larry I. Perlin Director of Public Works City of Saratoga RE: WITHDRAW OF THE LANDSCAPING BID Tel. (415) 941 -5220 Fax (415) 941 -9940 Pager(415) 306 -2247 I would like to withdraw of COX LANDSCAPE IMPROMENTS BID, I was unawage of the addendum wich i received at the last m�nite on 12 -6 -1994 Sincerely, NGOC TRAN Plea n Ae that 'f & 1, I andreyping is a Cully licvtsad aYrtractor with the Calillomia State Contractors licensing Hoard, and is a Ix,ndal to untractor w idt die Sur 1\' Company of the Pacific Contractors are required by law to be licrosed by the Contractors State I.iunse I card. For any yueStions LlnLLTning a axttractor may be referred to the registrar of dte Contractors state Lictnse Board at (916) - 55-3900 or(40x) .77 -1244. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. '�+ l AGENDA ITEM MEETING DATE: December 7, 1994 CITY MANAGER ORIGINATING DEPT. Office of the City Manager Paula Reeve, Public Services Assistant SUBJECT: Performance Audit Report of Green Valley Disposal Company prepared by Hilton, Farnkopf & Hobson RECOMMENDED MOTIONS(Sl: Accept and file the Final Audit Report of Green Valley Disposal Company (GVDC) as presented and authorize final payment for the work through the West Valley Jurisdictions' Solid Waste Management Program. BACKGROUND The West Valley jurisdictions (Campbell, Los Gatos, Monte Sereno and Saratoga) entered into a 20 year Franchise Agreement (Agreement) for refuse collection and disposal with GVDC in 1983. The Agreement requires that a comprehensive performance audit be conducted every five years by a consulting firm selected by the jurisdictions. The last audit was performed in 1988. The language in the Agreement concerning the Audit is very broad and allows the City /Town an opportunity to make a complete analysis of the franchisee's operations, including evaluating its management and operational efficiency and identifying opportunities for improvements and cost savings. The West Valley jurisdictions and Santa Clara County jointly participated in the request for proposals and oral interviews process, since each agency has the same provisions in their Agreements concerning an Audit. In January 1993, the firm of Hilton Farnkopf and Hobson (HF &H) was selected by the agencies to perform the Audit. HF &H 'worked with the public agency staffs and GVDC to accomplish the desired objectives of the Audit at the most reasonable price. A contract was executed with HF &H in June 1993 and completed in October 1994. The firm is very experienced in this type of auditing process and contracts exclusively with public agencies. Scope of HF &H Contract Several subject areas were addressed in the Audit, as required by the Agreement, including GVDC's financial management practices; procedures for the acquisition, maintenance and replacement of equipment; staffing practices; and comparison of businesses deemed similar to GVDC. In addition, staff from each jurisdiction agreed to retain HF &H to: Page 2 - Audit Report of Green Valley Disposal Company 1) determine the reasonable and necessary costs of GVDC's operations; 2) determine each jurisdiction's cost of. service to establish appropriate collection rates; and 3) develop a standard rate application and review process to use for future rate reviews. When the draft Rate Review Manual is completed, a copy will be provided to GVDC for discussion purposes. Findings The findings and recommendations by HF &H are summarized in the Executive Summary of the Final Audit Report. An overview is listed below: 1) Use of a 91% Pre -Tax operating Ratio: The Agreement specifies that an operating ratio method be used with a guideline of a. 5% after -tax return on revenue. A 91% pre -tax operating ratio is consistent with that guideline in that it yields a 5.8% after -tax profit on revenue, excluding franchise and disposal fees. (Please see Attachment #1 for further information.) 2) Denial of $73,500. in Consultant Fees: The audit recommends denial of this request since GVDC is obliged to provide the information concerning the rate submittal at no cost to the jurisdictions, as specified in Section 6(D), Franchise Collection Rates of the Franchise Agreement. 3) Disallowing Profit on Franchise and Disposal Fees: The recommendation to disallow any profit on franchise and disposal fees continues a policy begun in fiscal year 1990 -91 when the four jurisdictions' Councils approved disallowing any profit on the increase in disposal fees. In fiscal year 1992- 93, the jurisdictions applied the average per cent profit earned by GVDC from fiscal years 1986 -1992 to operating expenses, excluding franchise and disposal fees, so that GVDC would not earn windfall profits on large increases in disposal fees. The decision to disallow any profit on disposal fees is due,. in part, to the increases in state and local surcharges over the past several years. ( See Attachment #1 for additional information.) In addition, there are several recommendations in the audit pertaining to collection efficiency which remain to be discussed by the jurisdictions and Green Valley. Examples of these include the use of standardized containers and fully automated collection vehicles. These matters do not constitute a concern and it is felt that they will be resolved during the course of the contract. Page 3 - Audit Report of Green Valley Disposal Company Resolution of Outstanding Issues Findings 1 -3 listed above are unresolved issues. The Rate Review Committee (composed of administrative staff from Campbell, Los Gatos, Monte Sereno and Saratoga) and staff from Green Valley Disposal Company and Hilton, Farnkoph & Hobson have met numerous times in an effort to resolve these matters prior to determining the recommended rate adjustment due GVDC.. To date, no satisfactory resolution of these issues has been achieved, and the Rate Review Committee continues their negotiations. Environmental Assessment This is not a project as defined under CEQA, and no further action is required.. FISCAL IMPACT Accepting the attached Final Audit Report has no fiscal impact on the City of Saratoga. Attachments: 1) Supplementary Information 2) Final Audit Report 3) Qualifications of Consultant, Hilton Farnkopf and Hobson 4) GVDC's Response to Final, Audit Report ATTACHMENT 1 Mayor and City/Town Council Audit Report of Green Valley Disposal Company SUPPLEMENTARY INFORMATION: ATTACHMENT #1 Key Agreement Terms and Current Policies The Agreement allows each jurisdiction to set service rates based on a review of financial and operational data submitted by GVDC. Other significant provisions of the Agreement include: 1) Operating Expenses: In reviewing the submitted information, the Agreement gives each jurisdiction the right to "... take into consideration the acceptability of expenditures." (Section 6(E)(i)). In addition, the Agreement specifies that each jurisdiction's Council "... shall determine what are the proper expenses to be used in the calculation of a rate base for a rate adjustment after COMPANY has been given an opportunity to provide documentation to CITY's administrative staff and the City Council." ((Section (G)(i))). The term "rate base" as used in Section (G)(i) of the Agreement refers to the expenses that GVDC is allowed to recover through the refuse rates, i.e., the total revenue requirement. However, this term does not generally refer to the expenses on which profit is calculated, i.e., operating expenses. The distinction is important since the total revenue requirement includes operating expenses, allowed profit, and franchise and disposal fees on which no profit is allowed. The Committee recommends excluding franchise and disposal fees from the profit calculation for reasons noted in item #8 below. 2) Franchise Fees: GVDC pays ten per cent of its gross revenue to the City/Town. 3) Profit: The Agreement specifies that an operating ratio method be used with a guideline of a 5% after -tax return. Use of a pre-tax operating ratio is recommended for two reasons: a) ease in administration, due to the changes in tax laws, and taxable income changes in the effective tax rate; and b) ease of comparison with other jurisdictions' practices, since a pre-tax operating ratio is the most common methodology used by regulatory bodies. 4) Disposal Tipping Fees: GVDC's primary disposal site is owned and operated by Guadalupe Rubbish Disposal Company (GRDC). GRDC is owned by the same four stockholders who own GVDC. Each of the West Valley jurisdictions has a separate Agreement with GRDC to dispose of refuse at Guadalupe Landfill. The Agreement specifies that the tipping fee per ton is determined annually based on a survey of tipping fees charged at other Bay Area landfills.. -1- Mayor and City/Town Council Audit Report of Green Valley Disposal Company Findings The consultant, Hilton Farnkopf and Hobson, recommends using a 91% operating ratio, excluding franchise and disposal fees for the reasons noted below: 5) Compliance with Agreement: The rate review performed by HF&H complied with Sections 6(E)(i) through 6(E)(iii) of the Franchise Agreement concerning the rate review process to be used in establishing a rate schedule for refuse collection services. These Sections delineate the Rate Review Committee's responsibility in reviewing a service rate request and read as follows: "(i) Take into consideration the acceptability of expenditures, performance incentives and sanctions, rate comparability, and other information as the Committee determines to be appropriate. When determining the profit level, use the operating ratio method with a five (5) percent after -tax return (excluding tax credits and operating losses) as a guideline. (iii) When calculating the revenue side of the operating ratio, exclude: (a) Prior years' earnings from short-term investments generated from prior profits or retained earnings in each fiscal year, (b) Tax credits; and (c) Prior year net operating losses." 6) Use of an Effective Tax Rate: GVDC files federal taxes under Subchapter S, paying no direct federal income taxes, and pays only a state tax.of 1.5% of taxable income in 1994. The profit is reported as income on the shareholders' personal income tax returns. In 1994, the effective tax rate including the state S -Corp tax and federal taxes equivalent to those paid by a non - Subchapter S Corporation was approximately 35 %, whereas GVDC's partners reported a marginal tax rate of 49.5 %. A marginal tax rate is not assumed since taxes should only be assessed on income generated on those services provided the ratepayers through the franchise agreement, rather than the owners' additional income from other sources. Using the 35% effective tax rate, the 91% operating ratio results in an after -tax profit of 5.8% of revenue, excluding franchise and disposal fees. 7) Pre-Tax Operating Ratio zbd Risk Analysis: In determining the recommended pre-tax operating ratio, the Committee took -into consideration the following factors: a) the range of profit earned or allowed in 1992 -93 for various private and publicly -held waste management companies (see Exhibit II in the Final Audit Report); b) the Agreement's reference to a 5% after -tax return on revenue as a guideline; 0 Mayor and City/Town Council Audit Report of Green Valley Disposal Company C) the relatively low level of risk assumed by GVDC, including a 20 -year exclusive franchise, use of a balance account to guarantee the allowed profit by adjusting future rates to account for lower than allowed earnings, and a stable customer base. 8) Disallow Profit on Franchise and Disposal Fees: The Agreement does not specifically disallow profit on franchise and disposal fees, sometimes referred to as pass- through costs. Excluding these fees from profit is recommended for the following reasons: a) GVDC's administrative costs to determine the franchise fees due each jurisdiction are an appropriate operating expense on which profit is allowed. However, operating expenses do not include the actual franchise fees paid the jurisdictions, since these fees are not an expense for which GVDC is at risk or has any control over. In addition, disallowing any profit on the actual franchise fees is consistent with many other California jurisdictions. b) Allowing GVDC to realize a profit on disposal fees is not reasonable since the jurisdictions have an Agreement with Guadalupe Rubbish Disposal Company (GRDC) to dispose of refuse at Guadalupe Landfill. This Agreement is significant for two reasons: o Because it was negotiated and willingly entered into by GRDC, it must be assumed that GRDC believed that an adequate profit could be provided through the negotiated disposal rates; and o GVDC is not at risk for disposal rate increases or for any minimum tonnage requirement. Disallowing any profit for the hauler on the actual disposal fees is consistent with many other California jurisdictions. Audit\AudRptMM.Cni -3- ATTACHMENT 3 Hilton Farnkopf and Hobson Resumes and Summary of Work Experience L. SCOTT HOBSON Partner Education Master of Accountancy, Brigham Young University B.S., Accounting, Brigham Young University Professional Certification Certified Public Accountant Range of Experience Mr. Hobson's expertise lies in the solid waste and water disciplines of our consulting practice. He has experience in performing financial feasibility studies, rate reviews, management reviews, public policy development, and bid evaluations. In addition, he has performed finan- cial analysis of capital and operating costs of solid waste collection, recycling, transfer and dis- posal facilities. He also has experience in evaluating internal accounting controls, performing audits and developing microcomputer applications. Water Rate Management Partner in charge of monitoring the compliance of the San Francisco Water Department with its long -term suburban water sales contract. Performed numerous annual rate reviews for an association of over 30 water users who purchase their water from San Francisco. Reviewed revenue requirements, rate projections, City budgets, and City's auditor's workpapers annually. Supervised the development of a fully interactive spreadsheet model of the revenue requirement, cost of service and rates for a large water district in Northern California. Solid Waste Management Reviewed financial projections related to a proposed $52 million waste -to- energy plant. Reviewed support for and reasonableness of underlying cost elements and assumptions. Compared plant economics to landfill and transfer station alternatives. Performed extensive sensitivity analysis on each scenario. Performed an audit of franchise fee payments to several jurisdictions by a private solid waste company. Managed the development of alternative rate structures for several California jurisdictions. The rate structures were designed to provide incentives for rate payers to participate in recycling programs. Performed rate reviews on behalf of many jurisdictions responsible for regulation of solid waste franchises. Reviewed multi-year revenue requirement and revenue forecasts. Hilton Farnkopi & Hobxon: L. SCOTT HOBSON Page 2 Managed development of over twenty solid waste public policies for a Southern. California city. These policies formed the basis for a revision to the City's solid waste ordinance and program planning. Developed solid waste rate regulation processes for several California cities. Reviewed operations and financial systems of the private collection companies providing collection services to the cities. Performed a cost of solid waste collection services study for two large California counties and two Southern California cities. Reviewed costs and projections of five�collection companies in providing service to the unincorporated areas of one County. Developed the cost of residential, commercial and roll-off service for another County based on cost accounting and operational data Performed time and motion studies for the cities and used the resulting data to allocate costs of service to customer classes. Evaluated the responses to a request for proposals for commercial recycling and yard waste collection services for a Northern California city. Assisted in the development and negotiation of the proposed contract for services. Assisted in the preparation of a request for proposal for a ten -year solid waste collection contract for a large San Francisco Bay Area city. Assisted in the evaluation of the bids received and the development of the rate setting methodology to be used over the contract term. Assisted in the preparation of a financial feasibility study for a materials recovery facility. Prepared a projection of solid waste practices over the twenty -year life of the proposed facility. Managed an operations and management review of a large subsidiary of Waste Management, Inc. The review included an analysis of hiring practices, safety programs, project management, organizational structure and operational efficiency. Performed a review of the corporate and regional overhead allocation methodology of both Waste Management, Inc. and Browning - Ferris Industries. Made recommendations regarding the appropriateness of the methodology for rate purposes to local regulatory agencies. Financial Analysis Performed a review of the inventory system of a $20 million manufacturer of microwave equipment. Proposed recommendations for improving inventory controls and documentation. Calculated damages in support of a claim by a heavy construction company against the company's former auditors. Managed publication of several highly sensitive trade association reports. Project involved on- going modification of report formats, market estimates and system methodology. Involved significant client and participant interaction. Hilton Farx&opf & Hobwn: e L. SCOTT HOBSON Page 3 Audited accounting systems for a distributor, a wholesaler, a retailer, and several manufactur- ers. Reviewed accounts payable, accounts receivable, inventory, fixed assets, equity, debt, payroll and other accounts. Performed fluctuation and ratio analysis. Prepared financial statements and notes. Supervised and reviewed the work of several staff. Developed 130 multiple-choice questions for a Civil Service exam in governmental accounting, generally accepted accounting principles and budgeting. Instructed undergraduate students in basic and intermediate accounting, accounting systems, and business math. EDP Controls /Microcomputer Developed and documented internal control procedures for a consulting firm in connection with their implementation of new general ledger, accounts payable, and resource management systems. Taught introductory LOTUS 1 -2 -3 courses covering basic data entry, data manipulation, spreadsheet analysis, database, and graphing techniques. Performed a general and applications controls review for various companies. Proposed recommendations for improving data processing controls. Managed the implementation of a micro-computer -based financial accounting system for a small consulting firm. Functions performed during the implementation included modification of the chart of accounts, system testing, training, documentation, procedures development, and implementation review. Implemented a microcomputer -based billing and accounting system for a management consulting firm. Maintained the books and records. Managed all accounting systems and produced financial statements and other management reports. Professional and Business History Hilton Farnkopf & Hobson: Partner, August 1989 to present. Price Waterhouse: Management Consulting Services Department, Manager, July 1987 to July 1989; Senior Consultant, July 1985 to June 1987; Staff Consultant, September 1984 to June 1985; Audit Department; Staff Accountant, December 1983 to August 1984. San Jose State University, part -time instructor, August 1985 to May 1987. Professional Organizations American Institute of Certified Public Accountants California Society of Certified Public Accountants Government Finance Officer's Association Solid Waste Association of North America Hilton Farnkopt k Hoboon DAVID L. DAVIS Associate Education Caiirornia fltatn 11uiversity • rullarku, BA Pinanee 1963 Professional Certification Curbification - Certified Mtuiagamont Aaoountant Rnnge of Experience mr, Davis' experience includes public and private sector accounting, refuse collection rate act - ting, contract negotiation, landfill programs, waste diversion pivgrame, and rate design fcu- eloctric and wator utilities. Solid Waste Management Responsible for budgeting, financial reporting and analysis, cost accounting, billing, colloctiona, and of'tice administration. for disposal and landfill companies in Southern California. Managed accounts receivable of 40,000 residential, commercial, and industrial customers. Supervised a staff of twelve whose various duties ineludod accounting, payroll, porsonnel, accounts payable, and billing customer wrvioe. Served no a Project Controller for various capital projects, including Material Recovery Facility, an ofiice/maintenanco facility, and a lancM11 oxpansion. Participated in the acquisition of a sanitation and construction services company in Southern California. Participated in the administration of special waste identification programs. Developed and proposed annual refuse collection rate adjustments. Made presentations to Public Utility Board for their approval. Implemented control procedures to coordinate a city's billing system with the service provided by disposal company. l)evelopod and proposed an annual solid waste hauling rate adjustment for a Southern California city. Made presentation to the City Council for approval. Interacted with City Council candidates, cityhood committee members, and residents on behalf of a disposal company. Completed a residential refuse rate survey fbr a Southern California county. Prepared disposal company's reply to the study. Supplied data for use in sub - consultant's waste characterization study. Participated in preparing response to an RFP for an exclusive residential refuse collection contract. Developed bid prices and negotiated subsequent contract, including curbside recycling, greenwaste, waste oil and household hazardous waste programs. -- -- Hilton Fornk*pf k Hobeen Davin L DAVIS Page 2 Doveloped bid price opptions used in revpunve W an RFP fbr an exclusive commercial and residential refuse collection Contract. Developed irsgulatleuls for a City and County regiu%U g Wie issuallc a of refuse collection permits to contractors serving Federal faeillLies. Analysod and roportod on the cu:ubined hporating peribrmanee and fineuieial cuuditiun of it group of investors in connoctiou w1Lh the assignment of a pity's exclusive refuse collection agrecmont from one company to another. Doveloped criteria for a city fbr use in evaluating tllo qualiricaLiuua ofd* p0osal companies itl c�u:cectini3 with the issuance of a Request for QC""icatiuus for refuse collection service. Researched the landfill Closure and Post- closure files of the California Integrated Waste Macinsament Hoard. Compiled data about the Fivaucial Assurance Mechanisms used by the 26 larvesL landfills in the State of California. Aem. anti ng and Budges Supervisod tho luvluu atiuu of monthly financial statements fbr electric and water utilities, Prepared an analysis of the uporating performance and financial condition of each utility for the Roard of Publio Utiliti *s. Su rvMd the preparation of tho cuuival operating and capital budgets for a municipal public utility. SuPet v1sed the accounting budgeting, and financial roporLiug of tai electric utility joint powers agency with annum revenues of $80 million.. Rate Analysis and Rate Design Supervised the preparation of cloctric and water cost of service bLudiea wind rate adjustment proposals. Supetwieed the analysis of various utility - related issues such as: water rates for customers outside the city limits, a municipal utility's PILOT transfer to the general fund com aced with other citios, and discounts on electric rates her large customers who take service at High voltage levels. Ravlowod the rate increase request of a refuse eollecuun, recycling and trauslhr company. Dvaluated tho roasoscableuees of c:uut allocations and prgjeeted costa, Performed detail testing of tho company's financial and oporational recurds, and made appropriate revisions to the rate inerencu: rrduent. 0onductod a survey of the refuse colloetion rates of the 26 citios and special districts in Rivnraide flcninty. Participated in develuying a spreadsheet model used by a city to allumto colter of service and design ratos for its n use collection and recycling operations. ..� hallos F&rftkW • Hok wn DAVID L. DAVIS Page 3 Infbrmation systems Supervised the implementation of a local area network for a city's public utilities department. Acted as a liaison to the information systems departmont on issues related to a city's customer billing system. Supervised the conversion of a customer billing system for a disposal company. Supervised the conversion of a hauling company's manual routo books to a computerized system. Supervise* d the implemontation of a computerized landfill billing system. Professional and Business History Hilton Parnkopf & Hobson: Fremont, California, Associato,1992 to present. City of Riverside: Riverside, California. Utilities Aocountinw7inanco Manager, 1991 to 1992. Waste Management, Inc.: Hemet, California, Controller, 1988 to 1991. Iifleen.FwrnkoT.[ � HoLwn �� _ TROY V. GARNER Associate Financial Analyst Education B.S., Accounting, Brigham Young University Professional Certification Certified Public Accountant Range of Experience Mr. Garner's expertise lies in financial analysis, rate review and computer model development. Solid Waste Management Performed numerous rate reviews of solid waste collection and disposal companies. The rate applications filed by these companies were reviewed and recommendations were made to the franchising agencies who were responsible for regulating the companies' rates. Determined multi-year revenue requirements for collection and recycling companies, transfer stations, and landfills and recommended rate adjustments and rate- making methods. Evaluated the rate structure and developed rate adjustment models with several rate struc- ture scenarios for several Bay Area and Southern California jurisdictions. Developed differen- tial rate adjustment models for several Bay Area jurisdictions by customer service type. Performed a statistical route audit for a large California city to determine the adequacy of a multi-level billing system. Results were quantified and used to project future revenues. Performed a time -and -motion study of commercial solid waste and commercial recycling service. Results were used to prepare a rate structure based on cost of service. Assisted in the development of a City's AB 939 1franchise fee including reviewing financial records of several solid waste companies. Assisted in the preparation,of a request for proposal for comprehensive solid waste collection and recycling services. Assisted in the evaluation of solid waste collection service bids received by several California cities. Assisted. in the negotiations with the selected bidder, and development of the initial rate structure. Assisted in the preparation of solid waste collection and/or recycling contracts for several California cities. Assisted in the preparation of materials used for litigation consulting support to a city in defense of rate regulation activities. Hilton Farnkopf % Hobson; G TROY V. GARNER, Page 2 Water Rate Management Performed a rate review for an association of over 30 water users who purchase their water from a major California city. Reviewed revenue requirements, rate projections, city budgets, and city auditors workpapers. Maintained a database of utility statistics for the association including semi - annual demands, sources of supply, user class accounts and usage, population, and per capita consumption. Financial Analysis Audited accounting systems for numerous private and public companies. Reviewed accounts payable, accounts receivable, inventory, fixed assets, debt, equity, payroll and other accounts, as well as internal controls. Performed financial statement audits on various industries including high -tech manufacturing, office equipment manufacturing, oil and gas, retail, and toxic waste disposal. Prepared financial statements and notes, prepared 10-K statements for annual SEC filings and assisted in the preparation of 10-Q statements for quarterly SEC filings. Participated in analyzing the purchase accounting issues related to determining the market values in several potential and actual mergers and acquisitions. Professional and Business History Hilton Farnkopf & Hobson, Associate Financial Analyst, September 1989 to present. Price Waterhouse, Staff Accountant, July 1987 to September 1989. Hilton Farnkopf & Hobmn Alameda County Joint Refuse 1984 Reviewed the rate requests filed by the private comps y wmen Rate Roview Commlttm 1986 provides collection, processing and disposal services under (A joint powers authority 1987 agreement with the franchising agencies in Alameda County. comp)iied of 13 jurisdictions 1988 During the conduct of these reviews, we have also re- cunuumded 1989 and documented procedures to be used in the rate regulation Mr. ;::pry Rrvaux 19911 process reprding: DinY'inr of Pinarim 1991 - Closure costa; city of Oakland 1942 • Allocation of costs; 510/738 -3201 - Revenue analyses by serviev calcgory; - Start -up and acquisition of new business activities; s Acquisition of company by an international corporations - Trvoinknt of corpurviv and regional cost alloostionsu - Ikvvelopment of cvrt of service by jurisdiction. 1986 Studied the Wasiblllty of autvnutted and semi - automated collection as well as analysis of raductlors from throe -to two -roan routes. 1991 Performed a management and operations review of collection, transfer and disposal activities. Central Contra Cnsta 1985 Analyzed the rate rcquett of Pleasant Hill Bayshore Disposal Sanitary District Cuinimny for callecilurn and disposal services. Mr. Paul Mnncii 1989 Analyzed the rate tnrream rn:yucsl of valley Waste Management Assistant Q%npral Manager which provides eullrctlon and disposal services. 510/229.7305 City of Glendale, Arizona 1991 listimated residential and cumunercial refuse collection rates for tl*. Citys Sanlin lon Enterprise Tund. Mr. Michael W. linyt field OMratinns Director 002 /930 -766 City of Glendale, 1992 Performed a cost of wrvice study of automated residential California refuse collection for 64 toil 100 gallon containers, and commercial refusu colleettort of ore, two, and throo -cubic yard Mr. Stephen Burn hint. ExccuOve A- WAtant (818) 54R -3900 City of Lon$ Beach 1992 Performed a east of servicm study of municipal collection of residential and cvnnncndal collection mil disposal costs. Ms ChrWino Davis AdminiRtraiive. Officer 310/57(W -dA3 Hiltuo Fornkopf k llobson �. A% of January 1994 �. rnJ v� ir,rirorne 1992 Reviewed the residential, commercial and recycling servic es rate application submitted by South San Francisco Scavenger Mr. Louis M. Sandrini Company. Diroctor of Public Workp 415/259.2339 Novato Sanitary District 1990 Reviewed the rate application submitted by Novato Sanitary 1991 Disposal Company for solid waste collection and disposal Mr. Charles Joseph services. General Manager 1990 Assisted in the review of Sunset Scavenger Company, Golden 415/892 -1694 1991 Gate Disposal Company, and Sanitary Fill Company's rate City of San Bruno 1940 Reviewed the Triennial Rate Application submitted by San Bruno Mr. Joseph F. Johnson Gat'bage Company (a subsidiary of Norcal Solid Waste Mr. Lewis Pond Management Systems, InO for collodion and disposal, recycling, City Manager and household hazardous waste services. 415/877 -8880 evaluated its implementation. City of San Buenaventura 1989 Reviewed the residential collection and recycling rate requests 1990 filed by E.). Harrison k Sons and Ventura Rubbish. Mr. Terry Adelman 1991 Director of Management 1992 Resources 805/654 -7812 1992 Performed a cost of service study of commercial solid waste collection and disEMI services for each customer classification. City and County of San 1990 Assisted in the review of Sunset Scavenger Company, Golden Francisco 1991 Gate Disposal Company, and Sanitary Fill Company's rate request. Mr. Joseph F. Johnson Solid Waste Manager 1991 Developed the conceptual design for a productivity monitoring 415/554 -3400 system for collection, transfer and recycling activities and - - _ evaluated its implementation. City of San Ramon 1988 Reviewed the rate application filed by Valley Waste Mr. William Lindsay Management, Inc. for collection and' disposal sorvl. Finance Director 510/275-2209 County of Santa Barbara 1988 Performed a cost of service analysis of Browning-Ferris Industries Mr. Wilson G. Hubbell Channel Disposal, Health Sanitation, Marborg Disposal, and Solid Waste Superintendent Suburban Disposal. This residential and commercial study 805/681 4340 evaluated the cost for each company to service each customer -�, classification. As of January 1994 llllton Farnkopf & I labson ±• City of Santa Clarfta 1992 Reviewed the cost of serf- +automated residential single faintly. services and multi - family bin services of Atlas Refuse Removal Ms. I iasol )canes Co., Santa Narita Disposal and Western Waste. Recommended Solid Waste Coordinator rates for adoption by the Uty Council. livaluated alternative 80.•91294 - 9.91 service arrangements for eumrnt:relsl eulimbim. City of Santa Rosa 1985 ' Reviewed the rate request filed by Empire Waste which provided collection and disposal aerviem under agraemenl with the Gily. Mr. Stan 1-indaay Director of Admin...iPrvirrx 707/543 -3085 South Aayside Trunrfer 1988 Analyzed Browning - Perris Industries of San Mateo County's Station Authority 1989 application for collection, itcycling, processing and transfer (A joint powers authority 199p station rates to accordance with the rate review procedures composed of 9 cities) ]991 developed by HF&H staff in 1988. Mr. Michael 11. Carvey 1992 City Managcr City of San Carins 415 /593 -8011 City of South $ae 1992 Pet-N -need a J*view of the residential, commerclal and recycling rranciscao services rate application subenitILA by South Bail Francisco Mr:. Amy Margrilis Scavenger Company. Dire rinr of Finance! 415/877-85M Clry of Sunnyvale In Process Conducting At cost -of- service study of residential slid cuuunercial service. Mr. Mark flowers Solid Waste Program Manager 408/730.7421 City of 77tousatid Oaks 1992 Assisted Cite City in perforating it review of Valley Diapnsut, Newberry Disposal, G.I. Rubbish, and Block Disposal's "ucst for Mr. Sieve Mom residential and commercial solid waste collection and disposal l)t�rn r4nancw rA wcirer rate Increases. 805/496.8658 City of walnut Creek 1987 Reviewed the rate application submitted by Valley Waste 1988 Murwgernunt, lne:., for nwldentlal &led conuru:rcial rwlid waate Mr. tknald A. Illulmush 1989 colle ction and disposal aervicas. City Manager 1990 510/943 -5812 1991 mom III Ilan Parnkerf k Ilnhann As of )nnernry 1994 City of Albany 1992 Evaluated the CHy's curbside residential recycling collodion program costs and revenues for reasonableness. Mr. Daren Fields Assistant City Administrator 510/528 -5710 Central Contra Costa Sanitary District Mr. Paul Morsen Assistant General Manager 510/229 -7305 1989 Evaluated alternative rate structures designed to encourage waste reduction and recycling. Developed a.muldple rate structure financial model. City of Dublin 1991 Evaluated alternative rate structures designed to encourage waste reduction and recycling. Developed a multiple rate structure Mr. Paul Rankin financial model Asmistant City Manager/ Admin. Services Director 510/833.6650 City of Livermore 1991 Evaluated alternative rate structures designed to encourage waste reduction and recycling. Developed a multiple rate structure Mr. Leland J. Horner financial model. City Manager 510/373 -5140 City of Menlo Park 1992 Developed a uniform residential rate structure that was adopted by the City Council. Ms. Urea Chokkatingam 1)nancv Director 415/858-.U43 South Ra yside Transfer 1990 Analyzed Browning - Ferris Industries of San Mateo County's Station Authority 1991 application for curbside recycling and material recovery services. (A joint powers authority 1992 composed of 9 cities) Mr. Michael P. Garvey 1993 For the cities of San Carlos, Belmont, Redwood City, Burlingame, City Manager and San Mateo, we developed a uniform solid waste rate strue- City of San Carlos tune for either immodiate implementation or a throe -year phased 415/593.8011 approach. City of 19rousand Oaks 1991 Evaluated the City's pilot curbside recycling and drop -off program costs. Mr. Donald 11. Nelson Director, Public Works Dept. 805/497.8611 Hilton Farnkopf cis Hobson Aso( January 1994 City of Wah"wt Creek In Prucx ** Review of Pacific Rim's curbslde recycling rates. Mr. TMnald A. Blubaugh City Manager 510/943 -5812 City of Carlsbad 1992 Review of a site for use as a material recovery and transfer station. Mr. Rnlph W. Anderson Dirretor, Utilities and Maintenance 619/438-77.35 Central Contra Costa 1990 Prepared a financial feasibility study for a rrwrticlpal -owned Sanitary District materials recovery and transfer station Including: • Nojocting packaging, waste composition and recycling Mr. Paul Mnrarn trends; Assistant General Manager • Projecting waste streaut compusiflun and volume fur 20 510/229.7305 yMrs; • Evaluating alternative transfer station designs; • IIvalualing alternative materials recovery facility designs; • Developing a conceptual design; • 13stimating construction and equipment costs and financing; • PrujMA116 the flnanclal results of operation for 20 years; and, • Projecting processing rates, Delta Diablo Sanitation In Process Performing a financial evaluation of a District proposed transfer , District and material recovery facility to that proposed by Waste Managc!m&nt, Inc. Mr. Paul H. Causcy ("wrtf -ral Manager 510/7784040 City of Glendale, 1993 Assistod the city as a sub- corioultant In the performance of a MRF California feasibility study. Our role was to provide tho financial analysis of five alternative aeemries, including public vs. private operation M r. Tom flrady for each of the scenarios. We also investigated various financing 81818/5 48.3916 Planner 8 /5 inetl ods available for MRF6, Hiltun Famkupt & Hubsun As of )anuary 1994 0 City of San Buenaventura 1989 Developed and negotmtoo a trancntse agreement ror one processing of mixed rccydables, and rocyclable -rich commercial Mr. Terry Adelman collections through an IPC. Director Management Resources reimbursement for landfill dosurc /post -closure costs. Analysis 80.5 /654 -7812 includes review of cost estimates for reasonableness, selection of Western Ventura County 1993 Assisted the West Ventura County Cities in reviewing two MRF Development proposals for the construction and operation of a regional Management Committee material recovery facility. Mr. Arnold Dowdy in Process Assisting in negotiations with the private landfill operator regarding the allowance of closure/ st- closure costs in the City Administrator g $ Po City of .Santa Paula regulated collection rates. 505/525.4478 City of Glendale, 1991 Reviewed and evaluated private and public sector proposals to aNfornia develop a system to utilize landfill gas at the City's power plant. Mr. Kerry I.. Morford Asst. Public Works Director ' 818/548 -3900 _ Tri -City Waste Management 1986 Performed a review of the projected results of operations of a 480 Committee 1987 tone per day waste- to-energy facility, revised the projections, prepared projected results of operations for landfill and transfer Mr. Roger C. Anderman station alternatives, end performed a comparative analysis on a City Manager, Fremont net present value basis. 510/745 -2700 1— iiiiiiiiiiiiou 16-1 RE - Alameda County Joint Refuse 1992 Performed an analysis of the private landfill operator's request for Rate Reefers Committee reimbursement for landfill dosurc /post -closure costs. Analysis (A joint powers authority includes review of cost estimates for reasonableness, selection of composed of 13 jurisdic- the most appropriate financial assurance mechanisms, and tions) development of a methodology for allocation of costs to Mr. Gary Breaux participating agencies. Director of Finance City in Process Assisting in negotiations with the private landfill operator regarding the allowance of closure/ st- closure costs in the 23Oakland 510/238 -3201 g $ Po regulated collection rates. Central Conga Costa 1985 Analyzed the rate increase at Acme landfill resulting from the Sanitary District 1987 effects of "Subchapter 15 ". Mr. Paul Morsen Assistant Genera) Manager 510/229.7305 Hilton Farnkopf do Hobson Ac of January 1994 City of Glendale, Arizona 1991 LX- mloped a oonoeptual fundhig methodology for the Landfill Enterprise rued to estimate the life cycle most of landfill site Mr. Michael W. Hoyt acquisition, operations, closure and post - closure monitoring. Picid "w— rations Director 6W/930-2600 City of Litrermore. 1990 Reviewed the landfill mate renuest by BPI for the Vasco Road 1991 landfill. Mr. Leland J. I lorner City Manager 1993 Negotiated with BFI for long -turn disposal capacity at its Vasco 510/373.5140 _ Road landfill. _ Counl y of Merced 1991 Performed a financial projection and program analysis of the solid waste entcrps -Ise. Proloct activities included: Mr. Drank Murature • Psepanid a five year financial model; Deputy Director Ul'W • Bvaluutsd long term financing alternative; Solid WAAtI` Division s lvaluated alternative rate sch Jules; Solid W .str • Evaluated alternative landfill cluaure mood host- cletsure financing mellnutla; and • Reviewed the urgauization and adrninisirailve structure of — - _ the enterprise. City of Ojai 1993 Assisted the City in purfurridng a financial analysis of the landfill Operating A ocinenl being negotiated between tho County of Mr. Andrew S. Belknap Ventura and the private landfill proponent. City Manager 805/046 -5581 County of Orange. In Process Serving as the financial advisor to the Integrated Waste Integrated Waste Managernmt Department. Developing a life -cycle landfill pricing Man a8voie rtDept. model, recommending lung -term funding strategies, and Mc.. Vicki Stewart evaluating the cost effectiveness of of alternative disposal systems. Mgr. of Pinancial Control & In Process performing a cash flow analysis and debt service coverage Adman. 714/8344147 analysis related to a $1W million bond rufunading. County of Santa uarbara 1988 Developed financing plans, for the closure and post - closure maintenance of the Cuunty'M four udciling landfift, as well as for Mr. Wilson C. I lubbcll the development of a new regional landfill. Solid Waste Suro"intendcnt 805 /0814340 City of Walnut (~reek 1988 Lvaluated the cast of alternative disposal options including the coats of transfer station operations, hauling and disposal at Mi. ihinaid A. Blubaugh altermtivo landfill sites. City Manager 510/943 -5812 - Hlliuu Fauukopf do Ilobson Av of )anuary 1994 0 West Contra Costa Solid 1986 Reviewed the rate application of Richmond Sanitary Service for Waste Management costs of closure and post- dosure maintenancc, and regulation of Aufliority the West Contra Costa Sanitary Landfill. Mr. Everett Jenkins Assistant City Attorney City of Richmond 510/62(1{6509 City of Encinitas 1991 Assisted the City by preparing a Request for Propo"L Scope of Services, and Draft Franchise Agreement. Assisted the City in the Mr. Warren 1-1. Shafer selection of a contractor and negotiation of the Final Franchise City Manager Agreement. 619/944 -5057 City of Indian Wells 1991 Mr. Kenneth H. Bell Director of Public Works 619/346 -2489 Performed a review of the City's draft collection and disposal contract; made recommendations to strengthen its terms and agreements. City of Livermore 1992 Assisted the City in re- negotiating its disposal contract with BFI at the Vasco Road Landfill. Mr. Uiand J. Horner City Manager 1993 Assisted the City in negotiating a solid waste and recycling $10/373 -5140 services franchise agreement with Livermore Dublin Disposal Company. City of Millbrae In Process Assisting the City in negotiating a solid waste and recycling' services franchise agreement with South San Francisco Scavenger Mr. 14mis M. Sandrirti Company. Director of public Works 415/259.2339 - City of Portland 1991 Performed a review of the City's draft collection and disposal contract and made recommendations to strengthen its terms and Mr. Steve Donovan agroernents. Surveyed state and local jurisdictions that regulate Bureau Economist solid waste profits with an operating ratio. 503/796-7196 City of Iloway 1992 Assisted City staff with development of a procurement strategy for selecting a franchise hauler to provide refuse collection, Mr. Alan D. Archibald, P.R. curbside recycling, and yard waste collection services. Director of Public Services 619/6794385 Hliton Famkopf % Hobson �• As of )anuary 1994 City and County of San 1992 l'raneisco Mr. 1.kn Gale, ULNA. Director, Assmau of F.nviron. mpntnl Mralth Scrviccs 415/554.2785 Developed wild waste collection and disposal permit procedures for Woral lands. County of San Mateo In Process Negotiating for long -teen disposal eapacily at Ox Mountain 1 andfill with API. Mr. Neil Cullen Avo. Public Works Director 415/3634100 City of Sian Buenaventura 1'!N i Assisted the City in the development of an RPO, evaluation of the Statement of QuallfiLutions, selection of a hauler and negotiation Mr. Steve Chase of a franchise agreement for sulid waste and recycling material Attsidtunt to City Manager collection services. 805/654.7848 fifty of Santa Ana MR. Teri Cable Administrntive. .%rviccs Manager 714/5651007 South flaysfde Transfer Station Authority (A joint powers authority romlx)Ard of 9 cities) Mr. Micharl 1'. Ciarvcy City Manager city of San (Arinc 415/593 -8011 1993 Assisted the City with devulupmunt Won RPP fur solid waste cnlImMus► services Irorn residential and cornntorcial custonners, Including refum, nxycling, and green waste diversion programs. 1987 Assisted the Authority In the nc otlution of a solid waste collection franchise agreement, drafted memorandum of understanding, and led neSotiations. 1988 Assisted the Authority in the negotiation of an agreement for the pruvislun of cusloide residential recycling and into .. odiste },rucossing center services, Including the review of projected costs for the program. 1988 Assisted the Authority In the negotiation of an agreement for thv lasovislon of curbside residential recyelin6 and Intermediate processing center services, including the review of projected costs for the program. 1992 Assisting the Authority in the• nugWationi of a Material Recovery Facility. Hilton Farnkupf & Hubsurn •!'- Av of )onunry 1994 City of Sunnyvale 1990 Assisted in the preparation of solid waste collection, rocycling and household hazardous waste RPP for a ten -year franchise. Mr. Mark Bowers Specifically: developed rate review methodology and Solid Waste Program Manager performance standards (including liquidated damages); drafted 408/7.30 -7421 franchise agreet, nt; drafted RFP documents; performed financial analysis of proposals; and assisted in the preparation of a contract. City of Thousand Oaks 1992 Revised the City's solid wasto ordinance and solid waste franchise agreoment with the four franchise haulers. Mr. Donald H. Nelson Director, Public Works Dept. 805/497.8511 Tri -City Waste Management In Process Assisting the Cities in the procurement of solid waste collection Committee and disposal, household hazardous waste disposal, and grcc, waste collection services. Specifically, developed RFP, scope Mr. Roger C. Andcrman of services, and franchise agreements. Serving as lead negotiator City Manager /Fremont for collection, processing, and disposal contracts. 510/745 -2700 City of Union City in Process Assisting the City in revising the terms and conditions of its residential colloction contract with Iii -Ced Economic Mr. Tom Tyner Development Corporation. Assistant City Manager 510/471 -3232 City of Walnut Creek 1992 Assisted the City in negotiating a franchise agreement for commercial recycling and yard waste diversion. Mr. Donald A. Blubaugh City Malinger 510/943-5812 City of Burbank 1993 Reviewed the City's AB 939 fee system, and verified proper payment of the fee by the City's commercial waste haulers. Mr. Steve Maggi kocycling Coordinator 818/953.3152 City of Glendale, CA 1993 Implemented an AB 939 fee system based on gross collection receipts to recover a portion of the City's AB 939 costs from waste Mr. Tom Brady generators served by the private haulers. Senior Planner 818/549.3916 Hilton Famkopf & Hobson As of January 1994 City of Long Reach 1991 AssistLV W1111 tilt` Uty -8 AV 707 x=10 rraRC LAvcrrown a-aw- • HF&tj Is particularly responsible tar proparation of the "War<<- Mr. )orru c Kuhl Diversion Punding source portion of the City's Source Reduction Manager, integratm and Recyrling Element, Rmmrrm Bureau 310/570 -2850 City of Thousand Oaks 1WI Assisted the City in the devcloplltent of a waste manabernent fee. Mr. nnnald H. Nelson L111rctor, Thiblic Works Dept. 805/49741611 City of Torrance Mm. Arlene barco Walt. Mgmi. C srdinatur 310/781.6900 Alameda County joint Refuse Rate Reuter) Committee (A mint powers authority mmtxned of 13 juriWic- tiane) 1992 LX- veloprti and implemented an AS 989 fee collected by the City's private sector eommurcial waste haulers to recover the cost$ Of developing and implementing source reduction, diversion, and recycling programs. 1987 Anulyra, -i the purchase of Oakland Smvenger Company by Waste Marragentent, Inc., including mvluw of Pranchise Agroomonts. Conducted a study of Wasty Mariageinent, Inc's. corporate and 19N regional indirect charges. Mr. Gary Breaux Dirwor of Finanre City of Oakland 510/238.3201 City of Glendafep Arizona 1992 Developed and pmeented alternative solid waste mmnagernent policies and program to tlw City Council, and developed a Mr. Michael Hoyt guidance document for tlw City to follow in developing its Htrid Operations Director Integrated Waste ManaSement Plan. 602/930 -2640 _ ... ._ County of Marin Hazardous 1991 Performed a study to deterinlne the feasibility and benefits of o and Solid Waste joint solid waste joint powers authority. nou,ers Amihority Ma. Dee Johnson Dep+ity 0y. Administrator 415/499 -6726 litlrun Parnkuld as Ilobson A% of January 1994 • North San Diego County 1991 Assisted several cities located in North San Diego County by Cities Joint Power identifying and evaluating alternative waste diversion and Authority disposal alternatives, including composting, materials recovery, transfer station, and landfills. Mr. Warren H. Shafer City Manager City of Encinitas 619/944 -5057 City of Poway 1992 ltevisod City's Municipal Code to comply with the lntegratod Mr. Alan D. Archibald, P.S. Waste Management Act of 1989 and the City's SRRE. Director of Public Services 619/67911385 City of Carlsbad Mr. Ralph W. Anderson Utilities k Maintenance Dirmtor 619/438.7753 1991 Developed it refuse rate index system for rate regulation of the 1992 company providing solid waste collection, recycling and yard - waste services under agreement to the City and conducted a re- view of the Company using this system. County of El Dorado Mr. Jon Morgan Environmental Management 916/621 -6672 1992 Assisted the County in negotiating a rate setting methodology with the County's franchised haulers. City of Modesto 1987 Developed a solid waste collection and disposal rate review manual (including LOTUS spreadsheet) and conducted a rate Mr. Dole E. DAMS review of two solid waste collection companies. Solid Waste Program Mgr. 209/577 -5492 City of San Buenaventura 1988 Developed rate review procedures (including LOTUS spread- sheet), trained staff and performed initial yoar rate review of two Mr. Terry Adelman companies providing solid wasto colloction and residential and Director of Mgmt. Resources commercial recycling services. 805/654 -7812 1992 Developed rate review procedures, forms and financial model for commercial services. ` Hilton Parnkopf jc Hobson As of January 1994 City and County of San 1991 Modified and documented the &solid waste colloction . and disposal Francisco rate review methodology. Mr.) nxcph E. ) ohnson Soliel Wnste Manager 415/554 -3400 Mr. lien Galt, R.i.H.S. lyy2 Developed procedures fur the determination of the need to issue L)IreCtor, Bureau of HI1v1ron- new collection purndts and for the evaluation of hermit mental l lealth Servitrr, applicants. 415/554.2785 South Ba yside Transfer 1986 Assisted the Authority In an attempt to revise rate review Station Authority procedures used in Ute regulatiom of BPI u! San Matco which (A joint poweera authority provides evlktitlon, transfer and disposal sorvices. composed of 9 cities) 1987 Developed a rate regulation procedures manual for preparation Mr. Michael 1'. Garvey and review of rata ru%juwts by the eolloction company. City Manager City of San Carlos 1990 Conducted a study of BPI corporate and regional Indirect charges. City of Sunnyvale 1992 Developed a solid waste rate regulation procedures manual for use by both thy City aW t1se'company to apply for and review the Mr. Mark Bowers company's compensation fur solid waste collection and recycling 5014 Waste 1'mr ram Manager scrvtem. 4119/7.30 7421 City of Thousand Oaks . 1991 Assisted in developing uiulturlying solid waste policy statements and revised the City's current solid waste ordinances and rate Mr. Donald 11. Nelson setting procedures. Director, Public. WorkN Dept. R0K /497 -8611 city n j Walnut Creek 1990 Performed an evaluation of alternative rate regulation inetlwdologics and rate structures. Mr. Donald A. Blubough City Manager 510/943 -5912 latter rarnkepl Se Mubsun As nf )anuary 1994 l�i 11-1 ATTACHMENT 4 g!v, < GREEN VALLEY DISPOSAL COMPANY. INC. 573 UNIVERSITY AVENUE P.O. BOX 1227 LOS GATOS, CA 95031 -1227 PHONE'(408) 354 -2100 O /spoi, November 15, 1994 Bill Helms, City of Campbell Regina Falkner, Town of Los Gatos Carolyn Lehr, City of Monte Sereno Paula Reeve, City of Saratoga Dear Rate Review Committee Members, I have received the final 1993 Performance Audit Report prepared by Hilton Farnkopf & Hobson (HFH). Green Valley Disposal is very displeased with the content of the audit report and its recommendations. The attached response, prepared by our consultants, Barakat & Chamberlin, provides our specific objections to the HFH report. As detailed in the attached response, we have made numerous attempts during the past year to correct the fact case and to establish contractually consistent recommendations. I am frustrated, that at this late date, the Jurisdictions are in the position of setting rates using a factually inaccurate and contractually inconsistent method as recommended by HFH. We at Green Valley Disposal remain available to work with the Jurisdictions to adopt contractually consistent and factually supportable recommendations. Sincerely, C ^� Gerard J. Wen General Manager cc: Dave Knapp Mark Ochendusko Harry Peacock BARAKATOCHAMBERLIN RESPONSE TO THE 1993 PERFORMANCE AUDIT Prepared for. GREEN VALLEY DISPOSAL COMPANY Prepared by: Paul Eisenhardt, Cindy Kline BARAKAT & CHAMBERLIN, INC. November 16, 1994 pMM/Swd�rpA16 1800 Horn BARAKAT 0 CHAMBERLIN, INC. sonSleet Oakland 18th Floor Washington, D.C. Oakland, Califomio 94612 Toronto (510) 893.1800 Portland, OR Fax (510) 893 -1321 Boulder San Diego Dallas Portland, ME The final Hilton Farnkopf & Hobson (HF &H) 1993 Performance Audit Report was issued on November 2, 1994, a full 9 months after the issuance of the draft report on January 19, 1994 and a full 1 year and 2 months from the beginning of the audit. The draft report recommended expense disallowances of $1,063,292. GVD and its consultants met numerous times with HF &H and RRC' members, exchanged numerous pieces of correspondence and documentation, and ultimately established mutual agreement on the appropriateness of restoring all but $85,654 of the recommended disallowance. The report states that the restorations were due to a "negotiated settlement ". GVD believes the restorations were due to the fact that the majority of the disallowances recommended in the draft report were found to be inappropriate, unreasonable, factually inaccurate, or insupportable with industry data. Unlike any prior performance audit, the performance audit performed by HF &H required over 5 months to perform and over 9 months to resolve .the inappropriate draft recommendations. Although the resolution process ultimately resulted in the restoration of over 92% of the initial disallowances, the process was costly to both GVD and the ratepayers. GVD believes the responsible preparation of reasonably justified, and factually accurate draft recommendations would have facilitated a less costly and more timely completion of the performance audit. Although the majority of the expense disallowances recommended in the draft report were appropriately restored in the final report, GVD still takes exception to much of the language contained in the final report. GVD believes the verbiage contained in the final report is unnecessarily. negative toward GVD. GVD does not believe the fact case supports the negative tone of the HF &H report. GVD believes the fact case documents and supports outstanding customer service, and reasonable costs of providing service. The report states on page 13, "Based on discussions with the RRC, we understand that the Jurisdictions' staff are generally not dissatisfied with the Company's service performance." Although the HF &H assessment of Jurisdictional satisfaction is negatively worded, one is left to assume that "not dissatisfied" means the�Jurisdictions are satisfied. As a point of fact, at more than one of the RRC meetings, members of the RRC have volunteered that "GVD does a good job, and provides good service. We are generally satisfied with the service." The HF &H report presents no documentation to the contrary. In addition to the negative tone, GVD disagrees strongly with several other recommendations contained in the report. I 1800HomsonStreet BARAKAT CHAMBERLIN, INC. Oakland 18th Floor Washington, D.C. Oakland, California 94612 Toronto (510) 893.1800 Portland, OR Fox (510) 893.1321 Boulder Son Diego Dallas Portland, ME GVD disagrees strongly with the following specific recommendations contained in the report: PROFIT RECONIlVIFNDATION As part of the performance review for the fiscal years 93 -94 and 94 -95, the Jurisdictions requested that HF &H evaluate the reasonableness of the 5% after -tax return guideline contained in the Jurisdictions franchise agreements. The scope of work between HF &H and the Jurisdictions did not contain precise language stipulating the steps or approach to be used in determining the reasonableness of the allowed profit. However, there are general steps that have been defined by the court system that are commonly used by responsible consultants. In fact, these common steps or standards were outlined in a recent work product produced by HF &H for another jurisdiction. As was shared with the RRC on November 7, 1994, a document produced by HF &H for the Bi -County Task force, states, " We took the following steps to determine the reasonableness of specific revenues, expenses and profit: 1. If the contract addresses the issue, we follow the contract. 2. If the contract does not address the issue, we refer to the parties to the contract to determine their intent or understanding. Where the issue has been the subject of some prior. common understanding between the parties, we follow that understanding. 3. If the parties do not agree, we apply the practices used by other jurisdictions. PUCs that regulate refuse rates, or common public utility practices. " Although HF &H did not follow these common or standard steps in formulating their recommendation for GVD, the steps provide a useful framework for evaluating the appropriateness of the HF &H recommendation and for presenting GVD's objections to the HF &H recommendations. In performing this evaluation, the HF &H report states on page 12, "we considered: The returns achieved by publicly -held solid waste management companies; the returns achieved by private waste management companies as reported in the annual Robert Morris Associates (RMA) survey; the returns granted by other regulatory agencies to solid waste companies; and the RRC's assessment of 2 1800 Harrison Sheet 18th Floor Oakland, California 94612 (510) 893.7800 Fax (510) 893.1321 BARAKAT (C CHAMBERLIN, INC. Oakland Washington, D.C. Toronto Portland, OR Boulder Son Diego Dallas Portland, ME the quality of service provided by the Company to the Jurisdictions rate payers." After consideration of these factors, the report states on page 14, "We believe that a ninety -one (91 %) pre -tax operating ratio, applied to operating expenses excluding disposal and franchise fees, provides a reasonable profit to the Company under the terms of its franchise agreements with the Jurisdictions." GVD disagrees strongly with the profit recommendation of HF &H for the following reasons: 1. The Contract: The HF &H recommendation is admittedly contrary to the terms of the contract. The contract between GVD and the Jurisdictions has been in place for over ten years and runs to the year 2003. As stated on page 7 of the report, the contract between GVD and the Jurisdiction's states "When determining the profit level, use the operating ratio method with a five (5) percent after tax return (excluding tax credits and operating losses) as a guideline." The HF &H recommendation results in approximately a 2.5% after tax return. Given the language in the contract, GVD, does not understand how the HF &H report can state on page 14, "We believe that a ninety -one (91 %) pre -tax operating ratio, applied to operating expenses excluding disposal and franchise fees, provides a reasonable profit to the Company UNDER THE TERMS OF ITS FRANCHISE AGREEMENTS WITH THE JURISDICTIONS." An after tax return of 2.5% is definitely not consistent with the 5% after -tax guideline established by the contract. 2. Past Practice: The HF &H recommendation is not in keeping with past practice. The HF &H recommendation provides an after -tax return of approximately 2.5 %. However, historical records indicate that in all years prior to fiscal year 92 -93, the allowable profit for GVD was established as 5% after tax. In fiscal year 92 -93, the Jurisdictions took unilateral action to change the allowed profit from the 5% after tax to an amount that was less than the 5% after tax. This action was formally objected to by Jesse Jack, as corporate counsel. The HF &H report recommends treating the disposal fees and franchise fees as "pass - through costs" which are not eligible for the profit calculation. As noted on page 5 of the report, the contracts between GVD and the jurisdictions do not contain any references to "pass through" costs. Furthermore, the 3 18O0 Harrison Street BARAKAT CHAMBERLIN, INC. Oakland 18th Floor Washington, D.C. Oakland, Colifomio 94612 Toronto (510) 893.1800 Portland, OR Fax (510) 693.1321 Boulder San Diego Dallas Portland, ME jurisdictions have NEVER excluded all of disposal fees and franchise fees from the calculation of allowable profit. As stated previously, in FY 1992 -93 the jurisdictions UNILATERALLY adjusted the allowed profit by excluding franchise fees and a portion of disposal fees. This action was formally objected to by GVD and can in no way be considered to be a mutually agreed to modification of the contract or its proper interpretation. At the November 7, 1994 meeting with the RRC, several RRC members expressed different opinions regarding the fact case surrounding the 1992 -93 rate action. In an effort to work together with the RRC to resolve this contractual issue, GVD provided the RRC with a legal opinion obtained by GVD from its attorney, Mr. Stephen Lankes. In his letter to GVD, Mr. Lankes points out that when the court system is faced with resolving a contractual dispute, the courts look to the actions of the parties prior to the dispute in order to determine the contractual intent of the parties. Clearly in this case, the pre- dispute past practices of GVD and the Jurisdictions have confirmed the contractual intent of allowing profits of 5% after -tax. The report correctly states that historically the return allowed by the jurisdictions has been guaranteed through the use of a balancing account. HF &H reviewed the actual. results of operations from FY 1986 -87 through FY 1992 -93, in order to calculate the cumulative balance in the balancing account. The final report states on page 15, "We reviewed the Company's calculation, and, although we disagreed with their use of a marginal tax rate, we concluded that, over the same period of time, use of the effective tax rate resulted in an amount that differed only slightly from the Company's calculation. Therefore, we have added $910,000 to the revenue requirement for FY 1993 -94." It is important to note that the calculation of the $910,000 utilizes the 5% after -tax method for calculating profit for the years 1986 -87, 1987 -88, 1988 -89, 1989- 90, 1991 -92, and 1992 -93. The confirmation of the balancing account total by HF &H further supports the fact that the 5% after -tax on all costs method has been used to establish the appropriate profit for GVD for ALL prior rate reviews. 3. Industry Comparison: The HF &H recommendation is not supported by general industry standards. The HF &H report included a review of the operating ratios earned by fourteen publicly -held waste management 4 1800 Harrison Street BARAKAT CHAMBERLIN, INC. Oakland 1 Bth Floor Washington, D.C. Oakland, California 94612 Toronto (510) 893.7800 Portland, OR Fax (510) 893.1321 Boulder Son Diego Dallas Portland, ME companies, the average operating ratio earned by 266 companies included in the Robert Morris Associates (RMA) survey, and the operating ratios allowed by 12 other jurisdictions. The report states on page 13 that the range of profit earned or allowed in 1992 -93 was between (87 %) to ninety five percent (94.6 %) It is interesting to note that the operating ratios calculated for all 14 publicly traded waste management firms, and all 266 firms in the RMA study were computed using an expense base that includes all disposal fees and all franchise fees. In addition, 10 of the 12 other jurisdictions surveyed by HF &H allow operating ratios that are applied to all or a portion of disposal fees. Despite the fact that the overwhelming majority, 290 out of 292, of the comparable operating ratios were computed using an expense base that includes all or a portion of disposal fees, HF &H has recommended that a 91 % operating ratio be applied to an expense base that excludes franchise fees and disposal costs. GVD provided numerous pieces of correspondence addressing the inappropriateness of the HF &H recommendation. GVD pointed out numerous times that the HF &H recommended approach of applying an operating ratio to a cost base that excludes franchise fees and disposal fees is inconsistent with the data which HF &H provided as support. GVD provided documentation showing that if the comparative jurisdictional operating ratio data provided by HF &H were adjusted to be on a basis consistent with the recommended approach of excluding franchise fees and disposal fees, the average operating ratio of 90.16% shown in the HF &H survey would be 86.8%. It is inaccurate, inconsistent, and inappropriate to recommend that the operating ratio that will be applied to approximately 50% of total costs, and then attempt to support the recommended operating ratio with comparative operating ratios that have been applied to all costs. At a meeting with the Jurisdictions on November 7, 1994, GVD and its consultants verbally questioned Mr. Hobson regarding the inappropriateness of his recommendation. Mr. Hobson acknowledged that while his recommendation was not consistent with the majority of the comparative data provided in his report, he believed his recommendation was entirely consistent with apparently just ONE of the 292 comparisons provided in his report. In Mr. Hobson's judgement, he believed the South Bayside Transfer Station 5 1800 Hanison Street BARAKAT CHAMBERLIN, INC. Mond , 18th Floor Washington, D.C. Oakland, California 94612 Toronto (510) 893.1800 Portland, OR Fox (510) 893.1321 Boulder San Diego Dallas Portland, ME Authority (SBTSA) provided an example of a regulatory situation most comparable to the Jurisdictions and GVD. Mr. Hobson stated that, similar to his recommendation for GVD, the SBTSA allows its collection company a 91 % operating ratio applied to a cost base that excludes disposal and franchise fees. GVD's consultants pointed out that the SBTSA collection contract was negotiated simultaneously with the transfer station contract. Although the hauler and operator, Browning Ferris Industries (BFI), accepted a 91 % operating ratio applied to the limited cost base on the collection side, they also were also allowed a 10.25% return on assets at the transfer station. Due to the fact that the contracts were negotiated at the same time, it is useful to evaluate the returns or profit allowance resulting from the combined collection and transfer operations. The profits allowed on the combined collection and transfer operations are equivalent to an 89.75% operating ratio applied to the combined expense base that includes disposal fees. Although Mr. Hobson has accurately described the collection portion of the, contracts, he has not presented the entire picture. Given the inconsistency of Mr. Hobson's recommendation with 291 of the 292 comparisons provided in his report, and the questionable comparability of the SBTSA example, GVD has questioned the basis of Mr. Hobson's recommendation. At the November 7, 1994 meeting, Mr. Hobson stated that his recommendation was not intended to be statistically accurate, the recommendation was based upon judgement. If judgement is the basis of the HF &H recommendation, GVD believes the recommendation is based upon very poor judgement. GVD believes the issues surrounding the determination of appropriate profits can be easily resolved by returning to the steps outlined on page 2. The contract and past practice have clearly established 5% after tax as the appropriate profit allowance for GVD. 6 4 1800 Harrison Street BARAKATO CHAMBERLIN, INC. Oo1brd 18th Floor Washington, D.C. Oakland, California 94611 Toronto (510) 893.1800 Portland, OR Fax (510) 893.1321 Boulder Son Diego Dallas Portland, ME CONSULTING FEES GVD requested reimbursement of $73,500 of consulting fees paid by the company to consultants to provide assistance in responding to the unreasonable recommendations contained in the draft report. The HF &H final report states that the RRC determined that according to section 6D of the franchise agreements, the company was precluded from recovering any costs associated with the preparation of the rate application. The report states that the RRC directed HF &H to exclude the consulting fees from the Company's allowed costs. The consultant fees incurred by GVD had nothing to do with the preparation of the rate application. GVD did not engage any consultants until after the receipt of the HF&H draft report on January 19, 1994. As mentioned previously, unlike any previous performance audits, the draft HF &H report recommended the disallowance of $1,063,292 of costs, and recommended a profit margin that was contrary to the contract, past practice and general industry standards. Given the magnitude of the recommended disallowances and the presentation of supposed "industry standards" GVD believed it was necessary to seek professional assistance in'responding to the inappropriate recommendations contained in the HF &H report. GVD's consultants have assisted in the restoration of all but $12,154 of the original recommended disallowance. GVD believes strongly that it could have avoided the need for professional consulting assistance if the original draft recommendation had been prepared in an accurate, reasonable, and responsible manner. GVD believes the consulting fees were a reasonable and necessary cost incurred as a result of the HF &H recommendation, and believes the cost should be included in rates. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. a AGENDA ITEM MEETING DATE: _December 7; 1994 CITY MANAGER f r44- ORIGINATING DEPT. Office of the City Manager Paula Reeve, Public Services Assistant SUBJECT: Rubbish Rate Adjustments to go into Effect on February 1, 1995. RECOMMENDED MOTIONS(S): 1. Hold the public hearing. 2. Approve recommendation to increase Drop Box rates by 15.5 %. 3. Direct the preparation of a resolution setting rates to be acted upon by the City Council at the January 4, 1995 meeting. BACKGROUND Based upon the City Manager's September 7, 1994 report, the City Council awarded the Contract for Yard Waste and Expanded Recycling Services to Green Valley Disposal Company. These services are scheduled to begin on February 1, 1995. The firm of Hilton Farnkopf & Hobson has completed the performance audit to the extent necessary for the City staff to calculate the rubbish rates which go into effect on February 1, 1995. Analysis and Discussion As a result of the performance audit three major factors have served to impact rates as they apply to the various service sectors of the franchise which are residential, commercial and debris boxes. 1. The time and motion study indicates that the cost to hard to serve areas is 57% greater than for flat land service. The City has historically only charged a 40% rate differential per can. 2. The distribution of cost among the sectors: Based on the cost analysis in the audit there has been a major shift in cost away from the residential and commercial sectors to the debris box sector. Green Valley Disposal Company believes that the cost allocation model is not sophisticated enough to accurately spread some costs appropriately. The result of this is inflated costs for the debris box sector of the franchise. It is the company's position that if the model is applied as recommended, that the cost of debris box service, some 1,640 boxes were ordered throughout the City last year, will exceed the competitive market rate resulting in potential users finding alternative, means of disposal. Such alternative means are currently available to potential users if price becomes the overriding factor. In addition, because the rate adjustments to the drop -off box sector are significant, due in part to the cost of providing 85 "free" boxes to the City, the audit recommends recovering this cost by allocating a portion of the expense to the residential and commercial sectors. In an effort to resolve this problem, we have shifted the cost of the free boxes from being fully paid for by the drop -off box sector, by allocating 81% of the cost to residential and 19% to the commercial sector. 3. The calculation of profit for the company: The audit recommends a gross profit based upon a 91% operating ratio exclusive of rubbish rates and franchise fees which are treated as pass through items for profit calculation purposes. The company disputes this approach indicating that it is, in their view, inconsistent with the intent of the franchise agreement which calls for a 5% net profit as a guideline to be used in setting rates. The 91% operating ratio method results in a 5.8% net profit on operating costs minus pass through expenses. An example of how a change in the operating ratio affects the required amount of profit paid to Green Valley Disposal is listed below: Operating Ratio Resulting Profit to Green Valley, Disposal 91% $174,744 90% $194,356 89% $214,008 In summary, for every 1% decrease in the operating ratio, an approximate $20,000 increase in profit occurs. In addition, a fourth item not related to the performance audit is the calculation of the tipping fee allowed to be charged by the Guadalupe Rubbish Disposal Company (Guadalupe) under the 20 year landfill agreement with the four west valley jurisdictions. The disposal rate in effect for FY93 -94 was $43.55/ton ($27.19 /ton base fee + $16.36/ton as surcharges). In June 1994, Guadalupe requested an increase in the tipping fee to $46.83 per ton. The tipping fee is being disputed by the Rate Review Committee. The Committee is presently working with Guadalupe representatives to determine an appropriate disposal fee based on the evaluation of surveyed data compiled from comparable landfills. The Rate Review Committee maintains that the landfill should be calculating the rates using the contracted fees paid by other jurisdictions as specified in the Landfill Agreement, rather than the posted gate rates paid by the general public at the disposal site. It is believed that the rate allowed under the agreement should be no less than $36.84 a ton, including surcharges, but may be as much as 10% higher, i.e. $40.52 once the issue is resolved. Saratoga's annual projected tonnage by sector is: SECTOR TONS Residential 9,000 Commercial 3,000 Debris Boxes 7,000 19,000 In summary, a one dollar increase in the landfill tipping fee results in an approximate $21,000. required revenue increase. This is due to a 10% Franchise Fee being added on to the additional cost. Therefore, a $1.00 increase in tipping fees results.in a $1.10 cost to the customer. Rate Structure In an attempt to balance these factors and also account for the cost of expanded curbside recycling, the staff has been able to work out rates which will be sufficient to cover anticipated costs through July 1, 1996. In applying these rates, the above factors were taken into account. As a result, the only rate which needs to be changed is the debris box rate. The basic flat land curbside rate for residential service will remain at $15.27 per can. The 40% surcharge presently levied to cover the extra cost of providing service to the hard to serve areas of the City will be raised to 57 %. Commercial rates for both containers and dumpsters will remain unchanged. The rate for debris boxes will increase by 15.5% from the current rate to meet the total revenue requirement for Green Valley Disposal Company, based upon the cost distribution model developed by the consultant. These rates are inclusive of the additional costs for the expanded recycling program. In order to cover the possibility of an increase in the Guadalupe Rubbish tipping fee or a decrease in the Green Valley Disposal Company operating ratio, resulting in increased profit, a shortfall reserve has been built into the rate structure. As a result of our analysis, it is recommended that the City Council conduct the hearing, approve the increase in drop box rates, and direct the preparation of a resolution with findings to be approved at the January 4, 1995 City Council meeting. The issue of the operating ratio and the disposal costs are still under review by the Rate Review Committee. However, in setting the rates, we are assuming that any affect on the rates by these two variables will be covered within the parameters of the established contingency fund,. FISCAL IMPACT The Fiscal Year 94 -95 Operating Budget assumes that all solid waste management costs are borne by the rate payers. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. Z 5�a AGENDA ITEM O MEETING DATE: December 7, 1994 CITY MGR. / ORIGINATING DEPT. City Clerk SUBJECT: 'Resolution Ordering Abatement of a Public Nuisance by Removal of Hazardous Weeds Recommended Motion: Adopt resolution ordering abatement. Report Summary: The attached resolution represents the second abatement- process for this season. The Co owners of the parcels requiring weed abatement them that the weeds must be abated, either by the County. The notice also informed them that objections at tonight's public hearing. Follow -up Actions: step in the weed anty has sent the notices informing the owners or by they may' present The final steps take place next summer, when the County presents the Council with a list of properties whose abatement bills have not been paid, and the Council, after hearing any objections, passes a resolution declaring liens on those properties. Fiscal Impacts: None to City. County recovers costs from administrative portion of fee charged. Consequences of Not Acting on the Recommended Motions: Weed abatement could not be performed by the County. It would be necessary to depend upon property owners to take care of their own abatement. Attachments: Resolution. (List of parcels requiring weed abatement is available at City Clerk's office.) SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. S� AGENDA ITEM y4e7 MEETING DATE: DECEMBER 7, 1994 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD: SUBJECT: Joint Alternative Fueling Facility Project with West Valley College Recommended Motion(s) : 1. Move to adopt the resolution authorizing City participation in the joint project with West Valley College. 2. Move to direct staff to enter into necessary agreements to complete the project. Report Summary: As part of a continuing effort to improve the'air quality in the San Francisco Bay area, the Bay Area Air Quality Management District ( BAAQMD) allocates.AB 434 vehicle registration fees (Clean Air funds) to local sponsors of projects which promote clean air. Sixty percent of the fees are allocated on a competitive basis to project sponsors from throughout the region. The remaining forty percent of funds are allocated proportionally to each county. In Santa Clara County, the Congestion Management Agency serves as the program manager for the 40% funds returned to the County. Earlier this year, the BAAQMD announced the recipients of the 60% funds for the FY 94 -95 funding cycle. Among the projects funded is an Alternative Fuel Vehicle Demonstration project sponsored by a consortium of cities in the County along with several school districts including the West Valley /Mission Community College District. The project proposes to convert a number of fleet vehicles to Compressed Natural Gas (CNG) fuel and to create several satellite CNG fueling stations throughout the County. One of the satellite fueling stations was envisioned to be located on the campus of West Valley College. Since the announcement of the grant for the project, West Valley College staff has acknowledged difficulties in locating a suitable site on the campus for the fueling station. Each of the potential locations evidently carries with them high site preparation costs which would not be eligible for reimbursement under the grant program. As a result, College District staff has approached City staff to explore the possibility of locating the fueling station on City owned property. If a feasible site can be located, the City would assume ownership of and operate the station, and would build the station using the grant funds allocated to the College. After researching the physical, mechanical and operational requirements of a CNG fueling station, staff believes that the City can support such a facility at the Corporation Yard. Representatives from the College, PG &E and a company which manufactures CNG fueling equipment have all seen the proposed Corp. Yard site and believe that it is well suited to accommodate a satellite CNG fueling facility. The station would be readily accessible to the College, which plans to initially convert 16 of their fleet vehicles to CNG fuel, as well as to the Post Office which, in the near future, plans to convert as many as 25 of their vehicles to CNG fuel. Of course, it is envisioned that -the City would use the fueling station too as older vehicles are surplused and new CNG fueled vehicles are acquired. In fact, the City has been earmarked for at least one alternative fuel vehicle in FY 94- 95 (CNG or electric) by the CMA as part of a similar Alternative Fuel Vehicle Demonstration Project financed by the 40% funds and administered by the CMA. . At this time staff is requesting Council's conceptual approval to proceed with the project as outlined above. If the Council supports the project, the Council should adopt the attached resolution which would add the City as a co- sponsor of the project with the College. This would enable the BAAQMD to release the AB 434 funds directly to the City to build the fueling station. It is estimated that the fueling station equipment would cost $91,500 to purchase and that this entire amount would be reimbursed with AB 434 funds. It is also recommended that the Council authorize the City Manager to enter into any necessary agreements with the BAAQMD, the College and possibly PG &E to complete the project. Fiscal Impacts: Not fully known at this time. There will be some site preparation costs for the fueling station which would not be reimbursable through the grant funds, but which the College has indicated that they would be willing to share with the City. The City would purchase bulk fuel from PG &E, but would sell the. fuel at a mark -up to cover administrative and operational costs, plus a potential profit.factor. Long term vehicle maintenance costs may decrease as the City's fleet is converted to CNG fuel. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The City would not participate in the project with the College. The City would most likely acquire an electric vehicle as part of the CMA's project. Follow Up Actions: The resolution will be forwarded to the BAAQMD. Design development efforts for the fueling station would continue. Any implementing agreements between the various entities involved in the project would be executed. Attachments: 1. BAAQMD resolution. (TO BE DISTRIBUTED AT MEETING) 2. South Bay Clean Cities MOU. 3. Letter proposal from PCI dated November 14, 1994. 11 E1r:YQ {/ IYy4 SOUTH BAY CLEAN CITIES COALITION 1 MEMORANDUM OF UNDERSTANDING This non - binding Memorandum of Understanding (MOU) is between the City 1 of Saratoga and thle South Bay: Clean Cities Coalition (SBCCC). 1 The members of the SBCCC,�i consisting of federal,. state, and local agencies and private businesses, join together in the interest of: 1 1. Reducing the South Bay Region's dependence on petroleum based fuels, particularly for fleets ofl vehicles, as specified in the Federal Energy 1 Policy Act of 1992. 2.. Maintaining the outstanding quality of life in the Bay Region by supporting and sustainir>g environmentally sound programs. 3. ..Complying with the alternative fuel fleet provisions of the Federal Energy Policy of 1992. 4. Complying with the California Clean Air Act which sets an agg.ressive program for the introduction of Zero and Low Emission Vehicles. I 5. Cooperating with the entire Bay Region in compliance with the alternative fuel fleet provisions of the California Clean Air Act, and J the regulations of the Bay ay Ar ea Air Quality Management District (BAAQMD) in continued `improvement of the air quality of the region. S. Educating fleet operators, businesses, and the public on alternative 1 fuels and available vehicies while encouraging their.usage. I7. Exploring through the SBCCC cost effective opportunities to com I PY with environmental mandates. I � 8. Minimizing g,fle_et � conversion and operating costs for all fleet owners. I9. Stimulating the economic vitality of this region by encouraging the 9 9 use of the high tech skills of the area in the development and Iproduction J of improved transportation methods. I - 10. E f stablishing self sustaining markets for alternative fuels that will. provide the infrastructure to enable the general public to join in the to 1 emission efforts starteo .by the fleet owners, w 71. Showcasing the South Bay's readiness to join with the o metropolitan areas of North' other ern California in continuing improvement of the air quality of this half of the state. The undersigned enter into this nonbinding MOU in order to join SBCCC in 1 a coordinated effort to promote and accommodate the acquisition and use alternative fueled vehicle in the City of Saratoga of the South Bay Region, includingg the establishment and joint usage ofout refueling, training and servicing sites and facilities; to assit in collection and analysis of environmental, economic, and perfor n mance data on alternative fuel vehicles;; to apply for funding or services from federal government and other appropriate the Cl Clean Cities Project; and to'seekadditional resources o Sustain the SBCCC 1 recruitment of other public and private entities not the SBCCC. be of the This Memorandum of Understanding is non - binding and is not intened and does not create any contractual rights or obligations with respectto the signatories or any other parties. CITY OF SOUTH BAY CLEAN CITIES COALITION by the Executive Committee: City Manager Approved as to form: City Attorney zez Attested: - -= _� • �0�� ----- - --- -- City Clerk represent nc r resenting representing __Qgx F)c I 2311 Magnolia Street Oakland, CA 94607 (510) 444 -8081 November 14, 1994 Mr. Larry Perlin City of Saratoga Public Works Dept. 13777 Fruitvale Ave. Saratoga, CA, 95070 Subject: CNG Satellite Fuel Station Dear Mr. Perlin: Thank you for the opportunity to review your proposed CNG fuel station site. It would appear to be an ideal location for both the City of Saratoga and the neighboring fuel users. The fuel itself is environmentally very safe,.and we are excited about the potential for CNG as a motor fuel. This is an unusual opportunity for the City to access the BAAQMD funds and to gain some experience with the fuel. The Satellite Station that PG &E is willing to lend in the interim, prior to funds being released, is identical to the unit described below. The PCI Satellite Station consists of 1) a mobil storage module (a tube trailer), and 2) station ground equipment. 1. Tube trailer is a reconditioned /recertified DOT regulated trailer. Pressure rating is 2400psi. Capacity is 67,000 scf, or about 670 therms. Pricing is subject to availability and current market price of the used tubes. Current Coalition price is $54.000.00. 2. The complete set of ground equipment includes the sequencing /control panel, dispenser(card lock compatible), air driven gas booster, 25 HP Nema 1 air compressor, and a remote ESD. Coalition price for the above is $37,500.00. Leases are also available on the trailers, which might be preferable if availability of the used assets becomes a problem. Hopefully this information helps. We are currently having some literature printed, and will forward it to you next week. Sincerely, J nglish, Sales Manager m z . . . . . . . . . . . . . 7- 7 �W 'all 41, ....... ..... F,- P. . . . . . . . . . . . . 1 A, AM 40 SIM* EXECUTIVE SUMMARY NO. SARATOGA CITY COUNCIL a TA3 MEETING DATE: December 7, 1994 ORIGINATING DEPT. City Clerk AGENDA ITEM / CITY MGR. SUBJECT: Amendments to City of Saratoga Conflict of Interest Code Recommended Motion: Adopt resolution. Repoi t summary: As directed by the Council on September 16, staff has prepared a revised Conflict of Interest Code. The attached resolution will adopt the State model code, thus automatically incorporating any State law changes into Saratoga's code. Employees who were previously required to file Statements of Economic Interests are also designated in the new code. In addition, consultants who participate in making decisions which could foreseeably have a material effect on a financial interest are also designated as now required by law. Appendix A: Designees - Consultants specifically designated are the City Geotechnical Consultants, the City Surveyor, the City Arborist, and the Solid Waste Program Manager. There is also a special category to cover certain short -term consultants. The law allows the City Manager make the decision on reporting requirements for these consultants, and that is the procedure staff recommends adopting. Appendix B: Disclosure Categories - These have been set up to correspond with schedules filed with Form 730, the Statement of Economic Interest for Designated Employees. Fiscal Impacts: None. Follow Up Actions: Statement of Economic Interest forms will be provided to the newly designated consultants, who will have 30 days to file the forms. In addition, their contracts may need to be amended to include the filing requirement. This may result in their charging the City for the time required to fill out the forms, which would then be a State - mandated cost for which the staff will attempt to obtain reimbursement from the State. Consequences of Not Acting on the Recommended Motions: Saratoga would not be in compliance with State law. Attachments: 1. Resolution adopting model code. 2. FPPC Regulation 18730 (Provisions of Conflict of Interest Codes) P. APPENDIX A DESIGNATED POSITIONS Administration Assistant to the City Manager Public Works Department Public Works Director Street Superintendent Parks and Buildings Superintendent Community Development Department Community Development Director City Codes Administrator DISCLOSURE CATEGORY A through H -3 A through H -3 A through H -3 ( o n l y those investments, business positions and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Saratoga) A through H -3 (only those investments, business positions and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Saratoga) A through H -3 A through H -3 (only those investments, business positions and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the_ City of Saratoga or which are subject to the regulatory, permit or licensing authority of the City of Saratoga or which engage in land d e v e l o p m e n t, construction or the acquisition or sale of Recreation Department Recreation Director Finance Department Finance Director Consultants City Arborist City Geotechnical Consultant City Surveyor real property; interests in real property in the jurisdiction, including within a two -mile radius of any property owned or used by the City of Saratoga) A through H -3 A through H -3 A through H -3 (only those investments, business positions and sources of income which are subject to the regulatory y, permit or licensing authority of the City of Saratoga) A through H -3 (only those investments, business positions, and sources of income of the type which engage in land development, construction .or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two -mile radius of any property owned or used by the City of Saratoga) A through H -3 (only those investments, business positions, and sources of income of the type, which engage in nd la development, construction or the acquisition or sale of real property; interests in real property in the jurisdiction, including within a two -mile radius of any property owned or used by the City of Saratoga) Solid Waste Program Manager A through H -3 (only those investments, business positions and sources of income of the type which provide services, supplies, materials, machinery or equipment of the type utilized by the City of Saratoga; interests in real property in the jurisdiction, including within a two mile radius of any property that is or may be used as a disposal site, transfer station or resource recovery facility in which the consultant provides planning or technical assistance or has enforcement branch responsibilities) Other Consultants* *Consultants shall disclose pursuant to the broadest disclosure category in the code subject to the following limitation: The City Manager may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with. the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. Officials Who Manage Public Investments: It has been determined that the position listed below manages public investments. In accordance with Fair Political Practices Commission Regulation 18720, adopted March 3, 1994, that person will file the Form 721 Statement of Economic Interests rather than Form 730, beginning with the statement which is due April 1, 1995. Finance Director R APPENDIX B DISCLOSURE CATEGORIES Category A: Investments not held through a business entity or trust Category B: Interests in Real Property not held through a business entity or trust Category C -1:. Interests in.Real Property Held by a Business Entity or Trust Category C -2: Investments held by a Business Entity or Trust Category D: Income (other than loans, gifts and honoraria) Category D -1: Income (travel payments, advances, reimbursements) Category E: Income - Loans received or outstanding during reporting period Category F: Income - Gifts Category G: Business Positions Category H -1: Commission Income Received by Brokers, Agents and Salespersons Category H -2: Income and Loans to Business Entities or Trusts Category H -3: Income from Rental Property ATTACHMENT 2 (Regulations of-the Fair Political Practices Commission, Title 2, Division 6 of the California Code of Regulations) 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code Section 87300 or the amendment of a conflict of interest code within the meaning of Government Code Section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 81000, et sea. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1-)--Section 1.­­-Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. Sections 18100, et sees.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. 1 18730 (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on financial interests. (3) Section 3. Disclosure Categories._,. .This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their financial interests pursuant to Article 2 of Chapter 7 of the Political Reform Act, Government Code Sections 87200, et sea. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; B) The disclosure assigned in the code of the other agency is the same as that-required-under-Article 2 of Chapter 7 of the Political Reform Act, Government Code Section 87200; and 2 18730 ' r C) The filing officer is the same for both agencies.l Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of financial interests are reportable. Such a designated employee shall disclose in.his or her statement of economic interests those financial interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the financial interests set forth in a designated employee's disclosure categories are the kinds of financial interests which he or she foreseeably can affect. materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.2 1 Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under Article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code Section 81004. 2 See Government Code Section 81010 and 2 Cal. Code of Regs. Section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3 18730 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and.approved by the code reviewing body, shall file statements within 30 days after.the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State-Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or-within 30 days of the date of notice provided by the filing officer to file an assuming office 4 18730 statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement..._.. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: power; and (1) File a written resignation.with the appointing (2) File a written statement with the filing officer. declaring under penalty of perjury that during the period between appointment and resignation he or -she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. 61 18730 (B) Contents of Assuming Office Statements. Assuming office'statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income.received during the 12 months prior to the date of assuming office.or the.date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests-in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business. positions held,or received during the period between the closing.date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information:- 6 18730 (A) Investments and Real Property Disclosure. When an investment or an interest in real property is required to be reported,4 the statement shall contain the following: interest; 1. A statement of the nature of the investment or 2. The name of.the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; property; 3. The address or other precise location of the real 4. A statement whether the fair market value of the investment or interest in real property exceeds one thousand . dollars ($1,000), exceeds ten thousand dollars ($10,000), or exceeds one hundred thousand dollars ($100,000). (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4 Investments and interests in real property which have a fair market value of less than $1,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata. share of any investment or interest in real.,,property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 7 18730 1. The name and address of each source of income aggregating two hundred fifty dollars ($250) or more in value or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), or greater than ten thousand dollars ($10,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which.the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: b Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. 8 18730 r 1. The-name, address,- and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal.to or greater than ten thousand dollars ($10,000). _ (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in-which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. State Agency Prohibition on Receipt of Honoraria. No member of a state board or commission, and no designated employee of a state agency, shall accept any honorarium from any source, if the member or employee- -would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part -time member of the governing board of any public institution of higher education, unless the member is also an elected official. 9 18730 Subdivisions (b), (c), (d), and (e) of Government Code Section 89502 shall apply to the prohibitions in this section. (8.1) Section 8.1 State Agency Prohibition on Receipt of Gifts of $250 or More. No member of a state board or commission, and no designated employee of a state agency, shall accept gifts with a total value of more than two - hundred fifty dollars ($250) in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement.of economic interests. This section shall not apply to any part- time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subsections (b), (c), (d), and (e) of Government Code Section 89504 shall apply to the prohibitions in this section. (9) Section 9.. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth one thousand dollars ($1,000) or more; 10 18730 (B) Any real property in which the designated employee has a direct or indirect interest worth one thousand dollars ($1,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating two hundred fifty dollars ($250) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $250 or more in value provided to; received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make hi-s or her participation legally required for purposes of this section. 11 18730 n (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of Section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative. official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($1,000) or more. (10) Section 10. Manner of Disqualification. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act must be accompanied by disclosure of the disqualifying interest. In the case of a voting body, this determination and disclosure shall be made part of the agency's official record; in the case of a designated 12 . 18730 employee who is the head of an agency, this determination and disclosure shall be made in writing to his or her appointing authority; and in the case of other designated employees, this determination and disclosure shall be made in writing to the designated employee's supervisor. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code Section 83114 or from the attorney for his or her.agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code Sections 81000 - 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code Section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code Section 91003. Note: Authority: Section 83112, Gov. Code Reference: Sections 87300 - 87302, 89503, and 89504, Gov. Code 13 18730 -is History (1) New section filed 4 -2 -80 as an emergency; effective upon filing. Certificate of Compliance included. (2) Editorial correction. (3) Amendment of subsection (b) filed 1 -9 -81; effective thirtieth day thereafter. (4) Amendment of subsection (b)(7)(B)l. filed 1- 26 -83; effective thirtieth day thereafter. (5) Amendment of subsection (b) (7)(A) filed 11- 10 -83; effective thirtieth day thereafter. (6) Amendment filed 4- 13 -87; effective thirtieth day.thereafter. (7) Amendment of subsection (b) filed 10- 21 -88; effective thirtieth day thereafter. (8) Amendment filed 8- 28 -90; effective thirtieth day thereafter. (9) Amendment filed 8 -7 -92; effective thirtieth day thereafter. (10) Amendment filed 2 -5 -93; effective upon filing. 14 18730 SARATOGA CITY COUNCIL. EXECUTIVE SUMMARY NO. �`�O�`� AGENDA ITEM (04%,a DL' &M 3e 7 % MEETING DATE: 4 eyember--� , 1994 CITY MANAGER_h!�//A'&O��, ORIGINATING DEPT. Office of the City Manager . Paula Reeve, Public Services Assistant SUBJECT: Adoption of County of Santa Clara Countywide Nondisposal Facility Element RECOMMENDED MOTIONS(S): 1. Hold the public hearing. 2. Adopt Resolution approving the County of Santa Clara Countywide Nondisposal Facility Element (NDFE) as the City of Saratoga's NDFE. BACKGROUND In 1989 the State adopted AB 939 which requires municipalities to adopt plans identifying strategies to reduce landfilled waste by 25% in 1995 and 50% by the year 2000. These plans are called Source Reduction Recycling Elements (SRREs), and Household Hazardous Waste Elements (HHWEs). The Elements are included in a Countywide Integrated Waste Management Plan. Public Resource Code Section 41730 et seq, 'requires cities and counties to prepare and adopt another Element, the Nondisposal Facility Element (NDFE), for all existing or proposed nondisposal facilities which are required to implement local SRREs. To assist the jurisdictions of Santa Clara County to meet this requirement, the Santa Clara County Integrated Waste Management Program staff has prepared the attached NDFE for adoption.. The NDFE identifies recycling and yard waste composting facilities and transfer stations necessary to implement local diversion goals. A nondisposal facility does not include landfills. In some cases, however, these facilities are located at landfill sites. Table I identifies the facilities currently utilized by each jurisdiction. When approving and adopting an NDFE, the City is not required to receive approval from other jurisdictions, nor is the City required to revise its previously adopted SRRE to make these documents consistent with subsequently adopted NDFEs. The NDFE will be incorporated into the SRRE at the time of the first five -year revision. State law requires that at least one public hearing be held prior to adopting the NDFE. A notice was placed in the Mercury News advising the public of this hearing, in accordance with state regulations. FISCAL IMPACT There is no fiscal impact as a result of this action. Attachments: Resolution;. Sept. 6, 1994, Memo from County of Santa Clara; Sept. 1, Local Task Force Letter; NDFE TABLE I. NONDISPOSAL FACILITIES UTILIZED BY JURISDICTIONS IN SANTA CLARA COUNTY ;<rtrss.. Flr< t .::.:::.::.:.....:..................... ............................... .::::::::. . ; .: :.;;::<;.;:.::;,• >;. ....... ;:«:> : � ::...._ I .....MRSI? ............... . New .....:..... ............................... .......R . Martt .......... CAMPBELL UPERTINO CR YW 1LROY CR CR LOS ALTOS CR YW LOS ALTOS HILLS " CR YW LOS GATOS ILPITAS Cl, CR ONTE SERENO ORGAN HILL CR CR OUNTAIN VIEW CR MW YW PALO ALTO YW MW AN JOSE YW YW YW SANTA CLARA CI, CR ARATOGA YW SUNNYVALE MW UNINCORPORATED T CR I CR YW KEY: CI= COMMERCIAL INDUSTRIAL RECYCLABLES CR= CURBSIDE RECYCLABLES MW= MIXED MUNICIPAL SOLID WASTE YW= YARD WASTE NOTES: 1. Jurisdictions currently rely on facility indicated for recyclables processing: 2. All facilities have permitted available capacity for additional quantities of materials. 3. All facilities are permitted to accept nonhazardous materials (as specified in their permit) from throughout Santa Clara County. 4. City of Palo Alto Compost Facility accepts only yard waste that is generated within city limits. 5. Owens Corning Landfill is a proposed site. 6. Guadalupe, Newby, and Zanker Road Landfills divert materials from debris box loads delivered by franchised and independent haulers operating throughout Santa Clara County. 6/30/94 Page 1 Fact Sheet #9 Zanker Road Class III Landfill San Jose, California TYPE OF FACILITY: The Zanker Road Class III Landfill (Facility) began operations in 1985 on a site formerly known as the Nine -Par Disposal Site (from 1934 - 1977). The 70 -acre Facility (46 acres permitted for landfilling) is owned and operated by Zanker Road Resource Manageinent Limited. The Facility is permitted to accept an unlimited amount of non - hazardous and non - liquid solid wastes (except wet garbage) for processing each day. These wastes consist mainly of construction and demolition debris, (such as soil, asphalt, concrete, rebar and wood waste) yard waste, metals, glass, plastic, and paper. The primary activities conducted at the Facility involve extensive resource recovery and recycling. Currently, there are five recycling operations that take place at the Facility: (1) sorting, splitting, chipping, screening, composting, stockpiling, and resale of wood waste; (2) separating, crushing, stockpiling, and resale of concrete waste; (3) separating recyclable materials from the incoming waste stream. (4) remediation of contaminated soils to reduce contamination to acceptable levels so the soils can be used for on -site construction or daily cover; (5) processing, screening, composting, and resale of yard waste compost products. The Facility also uses a portable picking line when necessary to assist in recovery operations. The residual solid waste after processing is landfilled using an area fill method. FACILITY CAPACITY: The Facility is permitted to landfill a maximum of 350 tons of inert waste per day. In 1993, approximately 50 tons of inert waste were landfilled each day. ESTIMATED DIVERSION RATE: Based on 1993 gate records, the Facility received approximately 675 tons of waste per day for processing. In 1993, over 90% (usually between 92% and 96 %) of the material was diverted from landfilling. JURISDICTIONS SERVED: The Facility serves all of Santa Clara County. FACILITY LOCATION: The Facility is located on Los Esteros Road, off of Highway 237, in north San Jose, near the southeastern end of the.San Francisco Bay (see the attached map). r RESOLUTION NO. RESOLUTION OF THE COUNCIL OF THE CITY OF ADOPTING THE COUNTY OF SANTA CLARA COUNTYWIDE NONDISPOSAL FACILITY ELEMENT AS THE CITY OF 'S NONDISPOSAL FACILITY ELEMENT PURSUANT TO PUBLIC RESOURCES CODE SECTION 41730 ET SEQ WHEREAS, California Public Resources Code Section 41730 et seq. requires the City of (City) to prepare, adopt and transmit to the County of Santa Clara (County) a Nondisposal Facility Element (NDFE) that identifies all existing, expansion of existing, and proposed nondisposal facilities which will be needed to implement the City's source reduction and recycling element; and WHEREAS, the County of Santa Clara Countywide Nondisposal Facility Element has been prepared by County staff in accordance with requirements of Public Resources Code Section 41730 et seq, and said NDFE identifies all existing, expansion of existing, and proposed nondisposal facilities necessary to implement the Source Reduction and Recycling Element of the City; and WHEREAS, pursuant to Public Resources- Code Section 41734 the NDFE has been reviewed by the Solid Waste Commission of Santa Clara County, acting as the Local Task Force; and WHEREAS, pursuant to Public Resources Code Section 41735, the adoption of the NDFE is not subject to the environmental review requirements of the California Environmental Quality Act; and WHEREAS, pursuant to Section 18766 of Title 14, Chapter 9, Article 7.0, of the California Code of Regulations, the City has conducted a public hearing on the final draft of the NDFE, and after testimony was presented, and upon a review of all evidence in the record; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City that the County of Santa Clara Countywide Nondisposal Facility Element is hereby approved and adopted. NOW, THEREFORE, BE IT ALSO RESOLVED that the City Council of the City hereby authorizes the County of Santa Clara to submit a copy of this resolution and the NDFE to the California Integrated Waste Management Board on the City's behalf. Page 1 of 2 PASSED AND ADOPTED by the City Council of the City of County of Santa Clara, State of California, on by the following vote: AYES: NOES: ABSTENTIONS: ABSENT: ATTEST: City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Mayor Page 2 of 2 City Manager f. County of Santa Clara Environmental Resources Agency Integrated waste Management Program (408) 441 -1 198 Pollution Prevention Program (408) 441-1195 1735 North First Street. Suite 275 San Jose. California 951 12 FAX (408) 441 -0365 September 6, 1994 TO: City Representatives Technical Advisory Committee FROM: Michael Perry Solid Waste Program Analyst SUBJECT: ADOPTION OF COUNTY OF SANTA CLARA COUNTYWIDE NONDISPOSAL FACILITY ELEMENT RECOMMENDATION Recommend that your city or town council approve and adopt the attached County of Santa Clara Countywide Nondisposal Facility Element (NDFE) as your jurisdiction's NDFE to meet the requirements of California Public Resources Code (PRC) Section 41730 et seq. Formal approval requires adoption of the NDFE by each city or town council as the NDFE for its jurisdiction. Please note that NDFEs must be submitted to the California Integrated Waste Management Board (CIWMB) by December 31, 1994. The legal requirements for city /town approval and adoption of the NDFE are as follows: • Submit NDFE to Local Task Force (LTF) for review and comment (LTF has reviewed the NDFE: a copy of the comment letter is attached) • Conduct at least one public hearing on the NDFE document • Have city /town council approve and adopt the NDFE by resolution (a sample adoption resolution for use by city /town staff is attached) • Send copy of city /town council approval/ adoption resolution to County Please assure that your jurisdiction takes action by mid - November, so that executed resolutions can be provided to the County on or about December 1, 1994. The County Integrated Waste Management Program will submit 3 copies of the Countywide NDFE, a copy of the LTF comment letter, and all of the city /town adoption resolutions to the CIWMB on behalf of all jurisdictions that adopt the element. CIWMB staff has informed the County that this process will meet the requirements of PRC Section 41730 et seq. The NDFE is not subject to the environmental review requirements of the California Environmental Quality Act (CEQA). Board of Supervisors: Michael M. Honda. Zoe Lotgren. Ron Gonzales. Rod Diridon, Dianne McKenna 8-013 BACKGROUND The California Integrated Waste Management Act (AB 939) requires cities and counties to prepare, adopt, and implement Source Reduction and Recycling Elements (SRREs) and Household Hazardous Waste Elements (HHWEs). It also requires counties to prepare a Countywide Siting Element. All of these Elements are to be included in a Countywide Integrated Waste Management Plan. In 1992, the California legislature enacted Assembly Bill 3001 (Cortese) which amended the Act. "114 RC Section 41730 et seq, requires California cities and counties to prepare and adopt another Element, the Nondisposal Facility Element (NDFE), for all existing or proposed nondisposal facilities which will be needed to implement local SRREs. A nondisposal facility is defined as any solid waste facility required to obtain a solid waste facility permit except a disposal facility or transformation facility (PRC Section 40151). To assist the jurisdictions of Santa Clara County to meet this requirement, County Integrated Waste Management Program staff has prepared the attached County of Santa Clara Countywide NDFE for adoption by all of the jurisdictions in Santa Clara County except Palo Alto. The City of Palo Alto has prepared and adopted its own NDFE. The NDFE identifies the transfer stations, material recovery facilities, and yard waste composting facilities necessary to implement local waste diversion goals. Please note that these facilities or operations are often located at disposal facility sites. Prior to adopting or amending an NDFE, a city or county is required to submit its NDFE to the LTF for review and comment. The LTF comment letter is required to be submitted to the California Integrated Waste Management Board (CIWMB) within 90 days of the date the LTF receives the NDFE for comment. The NDFE has been reviewed by the LTF. A copy of the LTF comment letter is attached. Prior to adopting the NDFE a jurisdiction must conduct at least one public hearing on the NDFE in accordance with Section 18766 of Title 14, Chapter 9, Article 7.0, of the California Code of Regulations. When approving and adopting an NDFE, a jurisdiction is not required to receive approval by any other jurisdiction(s). Cities and counties are not required to revise their previously adopted SRREs to make these documents consistent with subsequently adopted NDFEs. The NDFEs shall be incorporated into the SRREs at the time of the first five -year revision. Dianne McKenna Supervisor, Fiftb District September 1, 1994 Margaret J. Rands, Program Manager Integrated Waste Management Program County of Santa Clara 1735 North First Street, Suite 275 San Jose, Ca. 95112 Dear Ms. Rands: The Solid Waste Commission of Santa Clara County, acting as the County Local Task Force (LTF), has reviewed the County of Santa Clara Nondisposal Facility Element (NDFE), as required by Public Resources Code Section 41734 (a) and (b). LTF review and. comment focuses on: potential regional impacts of the NDFE. This document has been prepared to serve as the NDFE for fifteen jurisdictions: the cities of Campbell; Cupertino; Gilroy; Los Altos; Milpitas; Monte Sereno; Morgan Hill; Mountain View; San Jose; Santa Clara; Saratoga; and Sunnyvale; the Towns of Los Altos Hills and Los Gatos; and the County of Santa Clara. The nondisposal facilities described in the County of Santa Clara's NDFE should assist all jurisdictions in the County in their efforts oto :- meet or exceed state mandated waste stream reduction goals. The LTF believes that the facilities will positively impact the region, and does not foresee any negative impacts in the County of Santa Clara. Sincerely, Dianne McKenna, Chair Solid Waste Commission of Santa Clara County cc Michelle Lawrence, California Integrated Waste Management Board Board of Supervisoff, Santa Clara County, 70 West Hedding Street, San Jose, CA 95110, 408/299 2323, 415/965 -87.37 COUNTY. OF SANTA CLARA COUNTYWIDE NONDISPOSAL FACILITY ELEMENT e Prepared by: County of Santa Clara Environmental Resources Agency Countywide Integrated Waste Management Program 1735 North First Street, Suite 275 San Jose, CA 95112 408 441 -1198 September 1994 Printed on recycled paper COUNTY OF SANTA CLARA COUNTYWIDE NONDISPOSAL FACILITY ELEMENT TABLE OF CONTENTS Introduction 1 City of Palo Alto Green Composting Facility Map: City of Palo Alto Green Composting Facility 2 Fact Sheet #1: Palo Alto Green Composting Facility 3 Guadalupe Landfill Map: Guadalupe Landfill 4 Fact Sheet #2: Guadalupe Landfill 5 Material Recovery Systems Facility Map: Material Recovery Systems Facility 6 Fact Sheet #3: Material Recovery Systems Facility 7 Newby Island Compost Facility Map: Newby Island Compost Facility 8 Fact Sheet #4: Newby Island Compost Facility 9 Owens- Corning Landfill Map: Owens - Corning Landfill 10 Fact Sheet #5: Owens - Corning Landfill 11 The Recyclery at Newby Island Map: The Recyclery at Newby Island 12 Fact Sheet #6: The Recyclery at Newby Island 13 San Martin Transfer Station Map: San Martin Transfer Station 14 Fact Sheet #7: San Martin Transfer Station 15 Sunnyvale Materials Recovery and Transfer Station (SMaRT) Station Map: SMaRT Station 16 Fact Sheet #8: SMaRT Station 17 Exhibit A: SMaRT Station Annual City Minimum Tonnage Commitment 18 Zanker Road Class III Landfill Map: Zanker Road Class III Landfill 19 Fact Sheet #9:. Zanker Road Class III Landfill 20 Nondisposal Facilities Utilized in Santa Clara County Table I COUNTY OF SANTA CLARA COUNTYWIDE NONDISPOSAL FACILITY ELEMENT Introduction The California Integrated Waste Management Act (AB 939) requires cities and counties to prepare, adopt, and implement Source Reduction and Recycling Elements (SRREs) and Household Hazardous Waste Elements (HHWEs). It also requires counties to prepare a Countywide Siting Element.. All of these Elements are to be included in a Countywide Integrated Waste Management Plan. In 1992, the California legislature enacted Assembly Bill 3001 (Cortese) which amended the Act. California Public Resources Code (PRC) Sections 41730 et seq, requires California cities and counties to prepare and adopt another Element, the Nondisposal Facility Element (NDFE) for all existing or proposed nondisposal facilities which will be needed to implement local SRREs. A nondisposal facility is defined as any solid waste facility required to obtain a solid waste facility permit except a disposal facility or transformation facility (PRC Section 40151). - The County of Santa Clara's Countywide Integrated Waste Management Program has prepared this Countywide NDFE for adoption by the cities of: Campbell; Cupertino; Gilroy; Los Altos; Milpitas; Monte Sereno; Morgan Hill; Mountain View; San Jose; Santa Clara; Saratoga; and Sunnyvale; the towns of Los Altos Hills and Los Gatos; and the County of Santa Clara Unincorporated Area. The City of Palo Alto has prepared and adopted its own NDFE. This NDFE identifies transfer stations, material recovery facilities, yard waste composting facilities, and landfills necessary to implement local waste diversion goals. Table I, attached, identifies the facilities currently utilized by each jurisdiction of to implement its SRRE and meet the solid waste diversion requirements of PRC Section 41780. A draft of this NDFE was submitted to the County of Santa Clara Local Task Force for review and.comment regarding the regional impacts of the Nondisposal facilities identified in this Element, in accordance with the requirements of PRC Sections 41734 (a) and (b). As indicated by PRC Section 41735 (a), the adoption or amendment of this NDFE is not subject to environmental review under the California Environmental Quality Act (CEQA). FIGURE I - - 0 �� .♦ ••` `�.• - - I __,; , \� PALO ALTO .y•\ . LANDFILL 6 � 1 /vim �. �' ; rte' l:� . n• r� /o_. �._�� \,�C�j a r � �T�.Oi .e•rn L/ � - ^;� —�° -- - la �\ � it .�,__:. PALO ALTO �: �'9il >� •: ; \'•�� GREEN COMPOSTING FACILITY ...j:; ScS� \T c °j ` � \•.. -. \':rte �� •;. � ��\ Z _ __:.. _..\\ _ �� -,,�� \i� , � • Q' t''�: � moo'..::::._ -.:� •�'� --- CD Anza schT .... _ ,p•_` n Al ;ro rJ . 7 Grp\ s Itt)UNDAF1' I.I DRAWN BY: GREEN COMPOSTING FACILITY APPROVED BY: DATE: CHEC'D BY: LOCATION MAP PE NO. DATE: DATE: SCALE: NONE City of . Palo Alto DRA\\'ING N0. Paste 2 Fact Sheet #1 City of Palo Alto Green Composting Facility Palo Alto, California TYPE OF FACILITY: The Palo Alto Green Composting Facility (Facility) is owned and operated by the City of Palo Alto (City). The Facility began operation in 1979, with the goal of extending the life of the Palo Alto Landfill by diverting yard waste brought to the landfill. The Facility accepts yard waste from City residents, non - residents, private gardeners, City crews, tree and landscape contractors working for the City,, and county and state crews working on freeway landscaping within City limits. In 1990, the City began operating a full scale curbside yard waste collection program for its residents. Acceptable yard waste includes leaves, grass clippings, plant and shrub trimmings, ivy, and tree parts. Once delivered to the Facility, the yard waste is ground up, cured in windrows, screened after completion, and stored ` on -site before being transported to markets. The finished compost was used as a topsoil amendment in the City's landfill closure and is being made available to the public. FACILITY CAPACITY: Approximately 34 tons per day of yard waste were accepted for processing at the Facility during'1993. The Facility has an estimated maximum processing capacity of 30,00.0 tons annually (about 84 tons per day). ESTIMATED DIVERSION RATE: In 1993, approximately 12,190 tons of yard waste was accepted at the Facility for processing. In 1993, total waste generated in the City was 144,567 tons (from City Source Reduction and Recycling Element). Based on these figures, the 1993 diversion rate for the facility was approximately 8.5% of the total City waste stream. JURISDICTIONS SERVED: The Facility serves both residents and non - residents of the City of Palo Alto, within the County of Santa Clara. FACILITY LOCATION: The Facility is located in Santa Clara County within the footprint of the City of Palo Alto Landfill at 2380 Embarcadero Road, Palo Alto (see the attached map). 1: Va e`�• � `. 1.3 ] ca : 6 .3 b Fr' 3 ,i• ��y 4 (. 8v e s _J o 1`4` AIRPORT • \rQ� 7 00` G % �l�p 1.6 J .4 5 •,.8 3 4 .6 c 4y/ c 0or� cl REAL .6 s wrA rN b uYlc� °!s .4 _• °a 7 s "3- cFJrrER1 m y�. •4 �o�` ,y� t 5 .9 I.4 s. a 1 c• 6 ' ''I G21 �` Plff Si to Ciara t EL w 7 i` d? '8J�'�Pa ss• p►• g E O 1.4 1.1 1.6`x. 3 �dy ®m EJ{ C 'r 2 �. )* STATE '8 '4 4M' 15 tP' ° MASTERS N Pp. �° W .5 +�zo7Fl .8 Sti. \ E 5� ti SuNrv�ERarrr 4 4 EL � .S ss''�,, m � 1.5 Ano \ •� .8 � �By 1�r 1.3 W i 9 rIF FL 9W I (►pLAYEDA 0�.r CAS '°! r\ OQ{ B MILLYIEM�` 1 LAXE 3 v =s E� 11 .J I� ' 4 ::' I 5 5 W. 1 SAN CARLOS n 8 e, s.7 8 het ` �;�`ri s 1.5 yo9F v� a s�• 3 WAFCNESTE BLYU' - - - 3 5 �4 �s� �E+E' df. 1 mySTSE • Y 5 /..I J !. 5 .4 mil• �Q 01A � '- 1 % :^ 6 _.... y 5_•::� 'O. 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Rea. •� !y A,� ` -_ v - 1 RD,. _ _ rr. u.AN+Rr l • EL 230 FERN PK IY fy _ 0 ADJ �� EL a.+e �`' win Creeks, a EL rno 7��C C>` < �!�` `• CANYON } --A,.\ P aq e 4 �� Fact Sheet #2 Guadalupe Landfill Material Recovery and Compost Processing Facility San Jose, California TYPE OF FACILITY: The Guadalupe Landfill (Facility) is owned and operated by Guadalupe Rubbish Disposal Company, Incorporated. The Facility began operations as a sanitary landfill in 1956. The permitted Class III landfill has ongoing material recovery and compost processing operations. The Facility receives waste from all over Santa Clara County. Material recovery operations are conducted on the active face of the landfill. The compost processing facility area is currently undergoing environmental review and permitting procedures. The proposed compost facility would consist of a 7 -acre yard and wood waste processing area and an 11 -acre windrow composting area. The Facility currently accepts yard waste and clean wood waste from residential self - haulers, gardeners and landscapers, government landscape maintenance and road crews, and franchised and non - franchised municipal waste haulers. Once delivered to the Facility, yard waste is ground up and sold immediately to land application markets. The proposed compost facility permit would allow yard waste to be ground up, cured aerobically in windrows, screened after completion, and transported to markets. Wood waste is kept separate, ground up, and transported to wood fuel markets. All materials are received on a tipping fee basis. The Facility also recycles construction and demolition debris (soil, concrete, and asphalt) which is used on- site as construction materials and daily landfill cover. FACILITY CAPACITY: The Facility has a maximum permitted disposal capacity of 3,375 tons per day. In 1993, the Facility landfilled approximately 356 tons per day. In the currently proposed permit, the maximum processing capacity of the compost facility is 672 tons of yard and wood waste per day. ESTIMATED DIVERSION RATE: In 1993, the Facility had a diversion rate of approximately 39.6% (129,919 tons of the 328,361 tons received at the landfill gate). U . JURISDICTIONS SERVED: The Facility serves all of Santa Clara County. FACILITY LOCATION: The Facility is located in Southwestern San Jose, off of Guadalupe Mines Road, in a canyon immediately north of the Guadalupe Mines (see the attached map). 140789 TkfWf PAAK 7 A Al A MINA 5. w -A 10i CEUTRAL' [XPAESSVVAf A, 3t SITE LOCATION AV ffprr A x" a L "ArA ul 'LLo :A 4. AV 3:1 sl a, SAN JOSE AV A Iz f so: INTERNATIONAL 12! sumo usT CANXILL0 -XTRPORT ".L !oA I IV— -o XCI 's wt, ;J z; to •nil c—c \ct"If. Lt., • i2i AV -1, - N W�s.so. AV % CAMN EL gi I A, ii Ilf -wc,o D. 114 o —ID o av ST cAr .,.f SANTA CLAM C4 ST FM ST umf As 11A Scale: 0 1000 2000 3000 4000 Feet I I MISSION TRAIL WASTE SYSTEMS 1100 RICHARD AVENUE SANTA CLARA, CALIFORNIA SITE LOCATION MAP Page 6 FIGURE 2 PROJECT NO. 479 - 02.02 v- A 'Fact Sheet #3 Material Recovery Systems Facility Santa Clara, California TYPE OF FACILITY: The Material Recovery Systems Facility (Facility) is owned by Rinauro Investment Properties and operated by Material Recovery Systems, Incorporated. The Facility began operation in December of 1991. The Facility is a permitted 21,252 square foot (half -acre) transfer station that began operation in December of 1991. The Facility receives and processes recyclables from residential curbside and multi - family collection programs and from commercial/ industrial recycling programs. The owners of the Facility are proposing to expand operations to include a drop -off center open to the general public. Under the proposed expansion, the Facility would accept the following materials from the general public: construction and demolition debris, wood waste, glass, metals, plastics, paper, and any other commercial and industrial solid wastes. Materials are conveyer -fed through a sorting line and into a conveyer -fed baler. Materials recovered are shipped to brokers and markets which use them for manufacturing into new products. Residual materials and debris are transported and landfilled at a permitted disposal facility. FACILITY CAPACITY: The Facility is permitted to process a maximum of 375 tons of waste per day. The Facility currently processes approximately 24 tons per day. The proposed expansion would increase the processing volume to approximately 75 -100 tons per day. ESTIMATED DIVERSION RATE: In 1993, the Facility diverted approximately 6,126 tons of recyclable materials, and had a diversion rate of approximately 94 %. The proposed expansion would increase the amount of recyclable materials recovered, but would decrease the rate of diversion to approximately 50 %. JURISDICTIONS SERVED: The Facility receives waste from trucks servicing the cities of Santa Clara and Jose. The proposed drop off center would'receive waste from both residents and non- residents of the City of Santa Clara. FACILITY LOCATION: The Facility is located at 1060 Richard Avenue, in an industrially zoned area of the City of Santa Clara (see the attached map). The Facility address (and access road) for the general public is located at 1313 Memorex Drive in Santa Clara. Paqe 8 Fact Sheet #4 Newby Island Compost Facility San Jose, California TYPE OF FACILITY: The Newby Island Compost Facility (Facility) is owned and operated by Browning Ferris Industries. The permitted Facility began operation in 1994, and consists of a 2- acre pre - processing area and a 10 -acre windrow composting pad. The Facility accepts yard waste and clean wood waste from residential self - haulers, private gardeners and landscape contractors, municipal and state government landscape maintenance and road crews, and franchised and non - franchised municipal yard waste haulers. Once delivered to the Facility, yard waste is ground-up, cured aerobically in windrows, screened after completion, and transported to markets. Some yard waste is ground up and sold immediately to land application markets. Wood waste is kept separate, ground up, and transported to wood fuel markets. FACILITY CAPACITY: The Facility is permitted to process a maximum of 500 tons of yard and wood waste per day. The Facility is currently processing approximately 300 tons of yard and wood waste per day. ESTIMATED DIVERSION RATE: The Facility is currently diverting 99% (approximately 297 tons per day) of the material received for processing. JURISDICTIONS SERVED: The facility currently serves the counties of Santa Clara, Alameda, and Contra Costa. FACILITY LOCATION: The Facility is located adjacent to the Newby Island Landfill and the Recyclery at Newby Island, at 1601 Dixon Landing Road in north San Jose, just west of Highway 880 (see the attached map). ro (D f-J C) 1. IZ co to ('—A) cn 0 > If rTl r– CD (D O El� Zanker =Road ad Class III Landf i I I Environmental Education Cnter""' San Francisco Bay ublic open] space •.....•........• ........ . ... hN . ........ . ... ........ . . . . . . . ..... INN. if C National wildlife me uga WPCP - �01-: �NYMF 0 IE; 4 V ..Reclaimed 5_� V )6 Water 2 : sta.— Project 14 own Site % �P-.�sm JOse/Sante Clara Private lzr� _,- ., -414� 0 Pam Space 0 4, /Control plant . IC, 11 Los ES t.eros Road % 0. t May" Bch Al *so V. Sta .... . ...... v Nri ...... C., 0 -Y C7 Agricultural 'Open Space Z Industrial Parks Wall$ SSG 10 U M 12, 1A - — - — ------- - --- --1 Well Pun I U Gas ar Termir \0 re lA Fact Sheet #5 Owens Corning Landfill San Jose, California TYPE OF FACILITY: The Owens Corning Fiberglas Landfill (Facility) is a "candidate solid waste facility" that is owned by Owens Corning Fiberglas Corporation and operated by Zanker Road Resource Management, Ltd. The 88 -acre Facility began operations in 1956. The Facility currently encompasses about 46 acres. The Facility owners are proposing changes that are being reviewed by the City of San Jose Planning Department. The proposed project would rezone the Facility from M -1 (Manufacturing) to A -PD (Planned Development). The proposed project would also permit, expand, and introduce resource recovery activities to the Facility. The proposed Facility permit would allow for: continued disposal of inert, non - recyclable solid waste from the Owens Corning manufacturing plant; acceptance and disposal of non - hazardous, non- putrescible mixed wastes; and deposition of dirt and other inert residues from on -site recycling activities. Resource recovery activities proposed for the Facility include: brush drying and grinding; aerated windrow composting; production of a high -grade soil amendment product using compost, loam, and sand made from crushed glass; storage and processing of concrete rubble into aggregate and baserock; glass processing; and short -term storage of recovered materials (less than 120 days). FACILITY CAPACITY: The proposed Facility will have an estimated maximum processing capacity of 1,250 tons per day and will process an estimated 800 tons per day. The proposed Facility will have an estimated maximum disposal capacity of 350 tons per day and will landfill an estimated 60 tons per day. ESTIMATED DIVERSION RATE: The proposed Facility is anticipated to divert 92% to 96% of the waste accepted at the gate. Estimated diversion is 740 tons of 800 tons accepted at the gate each day (92 %). JURISDICTIONS SERVED: The Facility would serve all of Santa Clara County. FACILITY LOCATION: The Facility is located at the east end of Los Esteros Road in north San Jose, adjacent to the Zanker Road Landfill (see the attached map). PROPERTY LINE. NEWBY ISLAND LANDFILL ®,r n V � GRAPMC 3CAL1r F E E T 50 0 600 1200 s bob -w0R ABANDONED AIR STRIP n 18" CMP, FOR SURFACE WATER CONVEYANCE FROM COMPOSTING FACILITY TO RETENTION BASIN Q 'Z c� WATER -- �l BASIN S.C.V.W.D. SLUDGE DRYING BEDS a IIII JAMES A. WYSE INC. T7 HAWIlCoft CO)MMUM OMPOSTIN-3 FACILITY -r LANDFILL ADMINISTRATION OFFICE Ijm) I am I ciao THE '�;•._, ( DIXON LAND OF M. STANDISH :: LANDING ROAD i APPROXIMATE PROPERTY LINE a Lrw TM NEWBY ISLAND RECYCLERY"RE BROWNING- FERRIS INDUSTRIES SAN JOSE, CALIFORNIA 2 LAND USE PLAN mo= 130 0-1.3 Page 12 - -_ Fact Sheet #6 The Recyclery at Newby Island San Jose, California TYPE OF FACILITY: The Recyclery at Newby Island (Facility) is an 80,000 square foot materials recovery facility. The Facility is owned and operated by Browning Ferris Industries. The permitted Facility began operation in 1991, and includes both a manual sorting system and a semi - automated sorting system. The Facility processes both commingled (mixed) and source separated loads from residential and commercial recycling programs. The Facility, also diverts loads of clean wood waste and concrete to other parts of the site to be ground up and either sold as wood fuel or used on site for road construction. The Facility also includes a public education center, observation deck, and public buy -back center. FACILITY CAPACITY: The Facility is permitted to process a maximum of 1,600 tons per day. The Facility is currently processing approximately 250 to 300 tons per day. DIVERSION RATE: In 1993, the Facility diverted approximately 86% of the material received for processing. In 1994, it is estimated that approximately 41,280 tons (86 %) will be diverted from the 48,000 tons accepted for processing. JURISDICTIONS SERVED: The Facility processes curbside and commercial recyclables for many jurisdictions in Santa Clara County. The Facility serves all of Santa Clara County and portions of Alameda, Contra Costa, and San Mateo counties. The buy -back and public education center is open to the general public. LOCATION: The Facility is adjacent to the Newby Island Landfill and is located at 1601 Dixon Landing Road in north San Jose, just west of Highway 880, near the southeastern end of the San Francisco Bay, (see the attached map). ��� �•' / / \\ REFERENCE: — Btil ( ( U.S.G.S. 7.5 Minute Series (Topographic). 113 California- Gilroy Quadrangle. 1000 2000 4000 Wo SCALE IN FEET NORTH ,l ? ` • Site Location Map q o _ Site \ � ., • ,• ,ra Location U, ° r+ loY.. � \� Res • �\ �= +. , 3�\ ' r ^L1b•• \ 'I � .��1f .• •• - ^� '•� "•� •' Airway\ SP. /' _ I Beacon+ // \ \• •'bunk ,+ •',� - i• -?''� S Martin ,. •\ �i s �P o�rAis �\ `✓ \ +' t rrta rlara r+ Cqu \�,. \ '`t\ •:r — f "" \• C q� �.' \n • )F �\ .`\. \ �� � [a1 X41•_ so Is ;- `fit' °� �V �•.2io �\i C� I . D` JLJ 254 ./ /}\ •` \,' C, ,-260 •• c� \ \Vi • `s - tc � -� G G 2so \\ S Ali Alm O w San Gn Drip s s nhrr a Hot All N,mdlo� i Nme, r _ I ,rce w.rns• {p t` San lose 1 0 -�7 Pesodera rr. ! Glo C L A R A c,�,- e. ! ,• `r I % d` . 'If A T In C1Us '�. Wyote` ..�. * Nn.r S = ✓ / \ J / 1•ro Rr o+oet 31 S .w Pt.'1 rz' 3 'A -NOIr Cd, M orrne Z _ �... `IOtf w S TA. Almaden Mogan Hill Gllrot _ �I •/,a16r Cnd ' 9mo•au •SIT • ' w s UZ +S SsiY,IIie R': +` ?s? " ✓� I /. �_r.. •� s..,e. '. ott Air Q of R o� .•� I �,: P�£% n Sgnt Conalios l _ a.enpart + APiss ,= Gilroy' 52 • �%' //• •p' /' F+ uc s.:. L.t .,;u Fre,do■ is, + ti ° 25 , \­­3. a c, tau �, . is tsonville ✓� �`1 " Santa Cruz 0 5 10 20 Site Vicinity Map o� tAp, NORTH SCALE IN MILES To GILROV Harding Lawson Associates Site Location flap PLATE Engineering and Report of Station Information Environmental Services San Martin Transfer Station % ' Santa Clara County, California DRAWN JOB NUMBER APPROVE DATE REVISED DATE RPS 21371.2 j� A 11/92 Page 14 MUG =-L1 9-101T Mel MOMM-MMUM-1 wwrz�� Fact Sheet #7 San Martin Transfer Station San Martin, California TYPE OF FACILITY: The San Martin Transfer Station (Facility) is owned and operated by South Valley Disposal and Recycling. The permitted 8 -acre Facility began operations in 1968 along with the San Martin Landfill, and continued to operate after the landfill closed in 1971. Wastes accepted at the Facility include residential and commercial refuse and recyclables, yard clippings, brush, stumps, wood, construction and demolition debris, and commercial wastes. All waste is accepted on a tipping fee basis. Used motor oil is accepted from residents, but is limited to 5 gallons per container and 20 gallons per delivery. The Facility salvages recyclable materials from the incoming waste stream. The Facility uses a weigh scale, stationary compactor with a 20 -cubic yard hopper, concrete dumping pad, and a baler. Materials can be fed directly into the compactor or dumped onto the pad and fed into the compactor by using a small tractor. Remaining refuse is compacted, loaded into trucks, and hauled approximately 10 miles to the Pacheco Pass Landfill located off of Highway 152 in south Santa Clara County. FACILITY CAPACITY: The Facility is permitted to process a maximum of 360 tons of material per day. The Facility currently processes approximately 112 tons of material per day. ESTIMATED DIVERSION RATE: The Facility currently diverts approximately 70% of the incoming material each day. In 1994, the Facility is expected to divert 70% of the waste accepted for processing and transfer the remainder to the Pacheco Pass Landfill. JURISDICTIONS SERVED: The cities of Gilroy and Morgan Hill, the unincorporated community of San Martin, and other unincorporated areas of southern Santa Clara County. FACILITY LOCATION: The Facility is located at 14080 Llagas Avenue, in the unincorporated community of San Martin in southern Santa Clara County (see the attached map). FIGURE 2 � rr N \ ( SUNNYVALE WATER SALT EVAPORATORS � P ❑LLUTI ❑N CONTROL PLANT SUNNYVALE ShfaRT STATION FACILITY LANDFILL CAR1BEAV;D:: SUNN`i`TALE BAYLANDS / COUNTY PARK J,'J'A AR. VIS ROPID 237 N. Bq ySHORE FREE wq y `' x > � Li w Q > w A DUANE AVE. v Z Q ° 3 CENTRAL ExPWy J Q e UNNYVALE LOCATION MAP N N BY .lA S M O R T STATION FACILITY APPR ❑VED I3Y: : BY: LOCATION MAP PE : DATE LE NINE City of Palo Alto DRAWING N❑. Page 16 Fact Sheet #8 The Sunnyvale Materials Recovery and Transfer Station Sunnyvale, California TYPE OF FACILITY: The cities of Palo Alto and Mountain View are partners with the City of Sunnyvale for the development and operation of the Sunnyvale Materials Recovery and Transfer (SMaRT) Station (Facility). Sunnyvale managed the design and construction, and oversees the operation of the Facility. Palo Alto and Mountain View pay a proportionate share of the construction and operating costs based on the amount of municipal solid waste delivered to the Facility by the cities designated haulers. Completed in 1993, the permitted Facility is being used by the three cities to meet the state mandated goal of 50% waste reduction by the year 2000. When in full operation (scheduled for 1994), the Facility's primary function will be as a materials recovery facility. The Facility will receive and process curbside recyclables from the cities of Sunnyvale and Mountain View and will include a buyback recycling center. The Facility will also receive and process loads of municipal solid waste and recover materials from the incoming waste stream for the three participating cities. Recovered materials will be sent to brokers and markets which will use them for manufacturing into new products and uses. The remaining waste will be compacted, loaded, and hauled 27 miles south to the Kirby Canyon Recycling and Disposal Facility in south San Jose. FACILITY CAPACITY: The Facility is permitted to process a maximum of 1500 tons of material per day. The Facility currently processes approximately 900 tons of material per day. Allocation quantities for delivery of waste to the Facility are shown in Exhibit A. EXPECTED DIVERSION RATE: Based on the terms of the agreement between the City of Sunnyvale and the Facility operator, the guaranteed diversion rate for the Facility is 25 %. However, this guarantee is subject to adjustment based on the quantities of recyclable materials present in the municipal solid waste delivered to the Facility. JURISDICTIONS SERVED: The Facility serves the cities of Sunnyvale, Palo Alto and, Mountain View. LOCATION: The Facility is located in Santa Clara County, on Sunnyvale -owned property, north of Caribbean Drive and adjacent to the Sunnyvale Landfill, the Sunnyvale Water Quality Control Plant and the San Francisco Bay (see the attached map). SUNNYVALE MATERIAL RECOVERY AND TRANSFER STATION EXHIBIT A Annual City Minimum Tonnage Commitment YEAR Sunnyvale Mountain Palo Alto TOTAL View 1993' 72,465 39,403 26,011 137,879 1994 140,361 66,957 52,207 259,525 1995 135,7(X) 67,469 52,475 255,64' 1996 132,873 68-,277 50,949 252,099 1997 129,925 69,096 49,386 248,407 1998 126,922 69,926 47,787 244,635 1999 123,864 47,195 46,151 217,210 2000" 60,374 23,873 22,239 106,486 TOTAL 922,484 452,196 347,205 1,721,885 ' Assumes deliveries begin July 1, 1993 " Assumes deliveries end June 36, 2000 Page 18 -J. it ��''I''•- — -� Zanker Road5 Class III Ir Landfill V1. me Corning z Dis sal own site sch �-r--Alviso 4Y 10 0. -Y 0 Los Esteros Road X% a. A It 7 . ®. 5 ,,00 AM 5 Y1 IS I 0 WO LimpIn 0 fA 12. --ALNFISO 9M• 7 CITY. BM 7--- SAN JOSE C1 --------------- well 10 0 2,000 4,000 Base maw. U.S.G.S. 7.S minute series (ropwaphic) MIPW Ouadr"sa. Calitomis Scale in feet Dated 1961. photonrymod 1980. 7ANKER, Road Landfill ZanX&f Poad Reloums Msnsgsmenr, Ltd. Owens - Coming Disposal Site Zanker Road Resource Management, Ltd. Figure 1: Vicinity Map San Jose, California Page 19 4,) a 0 WO LimpIn 0 fA 12. --ALNFISO 9M• 7 CITY. BM 7--- SAN JOSE C1 --------------- well 10 0 2,000 4,000 Base maw. U.S.G.S. 7.S minute series (ropwaphic) MIPW Ouadr"sa. Calitomis Scale in feet Dated 1961. photonrymod 1980. 7ANKER, Road Landfill ZanX&f Poad Reloums Msnsgsmenr, Ltd. Owens - Coming Disposal Site Zanker Road Resource Management, Ltd. Figure 1: Vicinity Map San Jose, California Page 19 SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. � J�Q-I AGENDA ITE MEETING DATE: DECEMBER 7, 1994 CITY MGR.: ORIGINATING DEPT.: PUBLIC WORKS DEPT. HEAD SUBJECT: Abandonment of Slope Easement, Lot 14 - Tract No. 7761 Recommended Motion(s): Move to adopt the resolution abandoning the slope easement. Report Summary: The owner of Lot 14 in Tract No. 7761 (Mt. Eden Estates) is requesting the City abandon the slope easement across the front of the property. The easement was created at the time the final subdivision map was approved when it was envisioned that an easement for slope protection purposes would be needed. However, the as -built conditions of the subdivision do not include a slope at the location of the easement, and the easement therefore is no longer necessary. Because the easement was never used for its intended purpose, the Council can cause summary abandonment of the easement by adopting the attached resolution. Fiscal Impacts: Abandonment of the easement may result in an increase in the assessed value of the property (additional property tax revenues) and /or increased development potential of the property (additional building permit and construction tax revenues). Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The easement would remain intact. Follow Up Actions: The resolution will be recorded. Attachments: 1. Resolution abandoning easement with exhibit. 2. Letter from property owner requesting abandonment of easement. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. V� s-t�_ C) MEETING DATE: DECEMBER 7, 1994 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM CITY MGR.: DEPT. HEAD: SUBJECT: Resolution prohibiting right turns on red from Saratoga Avenue to Saratoga - Sunnyvale Road Recommended Motion(s): Move to adopt the Motor Vehicle Resolution prohibiting right turns on red from Saratoga Avenue to Saratoga- Sunnyvale Road. Retort Summary: Attached is a resolution which, if adopted, would prohibit motorists from making a right turn on red from Saratoga Avenue to Saratoga- Sunnyvale Road. This issue was brought to the attention of the Public Safety Commission in October during the Public Hearing to consider the proposed changes to the posted speed limits along Saratoga -Los Gatos Road. At the Commission's request, staff evaluated the situation and determined that a traffic safety problem indeed exists which warrants prohibiting the right turn on red movement. Staff's analysis documented a sight distance problem at the intersection compounded 'by pedestrian conflicts which support the. proposed right turn on red prohibition. The Commission unanimously concurred with staff's findings and voted to recommend Council adoption of the resolution at their November meeting. Fiscal Impacts: Approximately $250 to install the necessary signage. Advertising, Noticing and Public Contact: Nothing additional. Consequences of Not Acting on the Recommended Motions: The right turn on red movement would remain permissible. Follow Up Actions: Maintenance staff would install the necessary signage within the next two weeks. Attachments: 1. Motor Vehicle Resolution. 2. Staff report to Public Safety Commission. s 2. Right turn on red prohibition from Saratoga Avenue to Saratoga - Sunnyvale Road (Highway 85) - Upon conducting a field review of the intersection, staff supports the suggestion of Mr. Whetstone to prohibit the particular right turn on red movement for the reasons stated in the attached memo to me from Erman Dorsey dated November 2.. Assuming Commission concurrence, I will place the attached Motor Vehicle Resolution on the City Council's December 7 agenda for adoption. The prohibition would then become effective once the proper signage is installed, probably no'more than a week or so after adoption of the resolution. 3. Recommendations for monitoring Route 85 traffic impacts - The City Council unanimously adopted all of . the Commission's recommendations about monitoring Route 85 traffic impacts without comment on November 2. I've attached a copy of my staff report to the Council which includes the recommendations. Tentatively, I plan to agendize the 90 day status report on the monitoring efforts at your February meeting before placing it on the agenda for the Council's review at their second meeting in February. 4. Metler Court /Aspesi Drive stop sign - Also on November 2, the Council voted unanimously to approve the three -way stop at this intersection, although Councilmember Tucker expressed some reservations about the need for the multi -way stop. I have already signed the work order to install the signs and if they are not already in place, they will be within a matter of days. 5. Request for multi -way stop at McCoy Avenue /Villanova Avenue - Cindy Spina, a San Jose resident who lives on McCoy Ave., wrote to the Mercury News' Action Line on October 17 (see attached) requesting among other things, a multi -way stop at McCoy Ave. and Villanova Ave. The City Manager replied to Ms. Spina on November 7 (see attached). Saratoga only controls one - quarter of this intersection, the southbound approach, which is already controlled by a stop sign. The remaining three - quarters of the intersection is controlled by San Jose. The decision to place stop signs on McCoy Ave. therefor, rests with the City of San Jose. San Jose staff performed a warrant analysis of the intersection in June and determined that the intersection failed to meet warrants for a multi -way stop, (see first letter dated June 6). The residents in the vicinity of the intersection were notified of San Jose staff's determination, (see second letter dated June 6), and were also advised on how to appeal the determination to the City's Traffic Appeals Commission. Unless the Commission feels strongly about this matter, I intend to send a copy of the second letter to Ms. Spina and consider the matter closed. Printed on recycled paper. O� Qq O&UKLUQXB�L 016(5 13777 FRUITVALE AVENUE - SARATOGA, CALIFORNIA 95070 • ( 408 ) 867-3438 TO: Director of Public Works a FROM: Erman Dorsey, Sr. Engr. Tech G DATE: November 2, 1994 SUBJECT: Saratoga Avenue at Saratoga- Sunnyvale Road Prohibition of Right Turn on Red COUNCII. MEMBERS: Ann Mane Buroe• ********************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** The proposal to establish "NO TURN ON RED" (right turn) at the intersection of Saratoga Avenue at Saratoga - Sunnyvale Rd. is valid and would increase the safety at this intersection. This prohibition would be substantiated by the limited sight distance of vehicles approaching the intersection northwestbound on Saratoga - Los Gatos Rd. and the pedestrian movement across Saratoga Ave. Attached is a sample of the ptandard agn that would be used along with the applicable sections from the Vehicle Code. 7w Printed on recycled paper. I., --P dOLS'�� j v 1p v rPopo-ft=of I-J4 OI a, 444 /! 31987 SIGNS Traffic Manual POLICY R11 The DO NOT ENTER sign (R11) and WRONG WAY ..... sign (RI 1A) shall be used at the exit end of a one -way Y r road or ramp to inform motorists that an entrance thereto Is prohibited. The WRONG WAY sign (1411A) Is optional on streets and highways under local jurisdiction. Standard 36" The R11 and R11 A signs shall be placed In the head -on posltlon to a wrong -way movement, and at least R11A one set of R11A.and R11A signs should be visible from each decision point on each likely wrong -way approscIL is The 36" size R71 and R11A signs shall be used on exit romps facing wrong -way traffic. Standa '16"x2111 The 72" size R1 and R11A signs shall be used at the beginning of a freeway facing possible wrong -way move - ments. See Section 4.05, "Ramp Terminal Signing", and Figure 6.16, "Transition from Two-Lane to Four-Lane Divided," for details. R13 The NO TURN ON RED sign (R13) shall be used on the signal standard at Intersections where right or left turns N O on a red signal are prohibited. (See CVC 22101.) TURN Erect on the for right or left on the signal standard ON near the appropriate signal head. RED A supplemental sign may be used on the near right Standard 2411 x30" or left at intersections that are extremely wide or skewed The NO TURNS sign (R15) shall be used in advance R15 of an intersection to indicate that turns are prohibited. See CVC22101. NO. On a twowway street one sign should be used at the TURNS near right -rand comer and one sign at the far left -hand corner, facing approaching traffic. Standard 24" On a one -way street, signs should be placed on the near left and right comers facing approaching traffic. SARATOGA CITY COUNCIL EXECUTIVE SUMMARY NO. -� Is-I I MEETING DATE: DECEMBER 7, 1994 ORIGINATING DEPT.: PUBLIC WORKS AGENDA ITEM 91& SUBJECT: Policies regarding E1 Quito Park garden plot rentals Recommended Motion(s) : Move to establish recommended policies regarding recovery of water costs through rental fees, and use priorities for available plots. Report Summary: For the past decade, the City has set aside approximately one acre in E1 Quito Park for use as a community garden. The garden area contains 16 plots which range in size from 800 to 1100 square feet each. The annual' rental fee for a plot is $25 for senior residents, $30 for residents, and $35 for non- residents. Currently, there are 12 resident and 4 non - resident gardeners, most of whom have rented their plots for several years. Through word -of- mouth, a small waiting list of Saratoga residents who would like a garden plot has developed. Each December, the City renews the garden plot rental agreements for the succeeding year. Before renewing the agreements for 1995, staff is recommending the Council establish two policies regarding recovery of water costs through the rental fees, and use priorities when plots become available. Policy on recovery of water costs - It is not clear how or when the present fee schedule for garden plot rentals was established. What is clear is that the fees collected, approximately $500 per year, barely recoups staff's costs to administer the rental agreements and operate the community gardens. Late last year, the City installed a meter to monitor the water use of the gardeners. Since then, it appears that the cost of water is averaging approximately $100 per month. The policy issue before the Council is whether some or all of the water costs should be recovered from the rental fees. Assuming each gardener uses roughly the same quantity of water, the rental fee for each plot would need to be increased by $75 to recover the full cost of the water. Of course the Council can choose to subsidize some or all of the water costs by establishing a policy to recover less than the full cost of the water. It is staff's recommendation that the Council establish a policy that would set the annual rental fee at an amount which would recover the full cost of the water. Such a policy would be consistent with recent Council policies concerning full cost recovery for City services. It would also allow the fee to be adjusted each year based on adjustments in water rates as well as actual water usage which, in turn, could promote water conservation amongst the gardeners. Policy on use priorities - As stated above, a small waiting list of Saratoga residents who would like to rent one of the garden plots has developed. Currently however, there is no policy which sets priorities for use of the garden as plots become available. It is staff's recommendation that the Council establish a policy that would give first priority for available plots to existing gardeners wishing to relocate in the garden; second priority to Saratoga residents; and third priority to non - residents. Priority among gardeners would be based on the length of time -a gardener maintained a plot in the garden. Priority among residents would be based on the length of time which a resident remained on an official waiting list. Priority among non - residents would also be based on the length of time which a non - resident remained on an official waiting list. Staff does not recommend removing non- residents from the garden in favor of residents at this time. Many of the gardeners, residents and non - residents, have invested a considerable amount of time and money over the years to establish their plots thus it seems unfair to remove anyone from the garden involuntarily. The official waiting list would be maintained by Public Works staff. Because of the small number and lack of turnover of plots, no formal advertising of the garden is recommended at this time. Instead, the informal, word -of -mouth advertising seems appropriate for now. Fiscal Impacts: Depends on the Council's decision. Some or all of the cost of water used by the gardeners could be recovered under the new policy. Advertising, Noticing and Public Contact: The current gardeners and those on the waiting list have been notified of this item. Consequences of Not Acting on the Recommended Motions: The City would not recover any of the cost of water used by the gardeners, and /or the priority for use of available plots would remain on a first come first served basis. I Follow Up Actions: The gardeners will be notified of the new policies as part of the upcoming renewal process. Attachments: 1. Current garden plot rules. 2. Letter to gardeners regarding proposed policies. September 30, 1993 MEMO TO: EL QUITO PARR GARDENERS FROM: Garden Plot Administrator SUBJECT: 1994 GARDENING SEASON - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Welcome to the E1 Quito Park Community Gardens for the 1994 growing season. We have received many favorable comments from satisfied gardeners this past year, and as a result, our waiting list has grown rapidly. . We will accommodate all Saratoga residents this year but unfortunately may be forced to turn away residents of some of our neighboring cities. Enclosed is an application,. the Rules and Regulations and a rough map of the layout of the Gardens. Please read the Rules and Regulations as there have been a few clarifications and changes since last year. Assignment. of plots will be on a first -come, first - served basis as explained in the Rules and Regulations. A receipt for your fee and a verification of plot assignment will be sent to you once all allocations have been made. Water expenditures have been extremely high; therefore, in order to monitor usage, we will be installing a meter in the near future. If this same rate of use should continue', we may be forced to recover water cost from gardeners in future years. We do encourage the use of drip systems; however, we do not wish you to leave them unattended during the day or on all night. At your earliest convenience, please mail or bring in your application and fee to me at City Hall. I have moved from the Maintenance Yard and have included a small map. If you have any questions, please do not hesitate to contact me at 867 -3439, Extension 219. Sincerely, Marlene L. Tate, Garden Plot Administrator cc: Larry I. Perlin, Director of Public Works Bob Rizzo, Parks Superintendent Attachments CITY OF SARATOGA 1994 0Q V. ZN 15 COMMUNITY GARDEN PLOT PROGRAM APPLICATION FEES Saratoga Resident $30.00 Senior Saratoga Resident $25.00 Non - Resident $35.00 All family members using the plot must sign below and adhere to the following statement: I, we, the undersigned do hereby agree to indemnify and hold harmless the City of Saratoga, its officers and employees, from and against any and all liability for any injury which might be suffered by the under- signed or his agent, arising out of or in any way connected with the individual's participation in the Community Garden Plot Program. NAME OF FAMILY MEMBER SIGNATURE OF FAMILY MEMBER FAMILY MEMBER FAMILY MEMBER FAMILY MEMBER ADDRESS CITY TELEPHONE - DAY /EVENING PLOT: 1st Choice: 2nd.Choice: 3rd Choice: OFFICE USE ONLY: FEES PAID: $ DATE: PLOT #: RENTAL PERIOD: FROM: TO: Forward check and signed agreement to: City of Saratoga - Marlene Tate 13777 Fruitvale Avenue Saratoga, CA 95070. EL QUITO PARR COMMUNITY GARDEN PLOT PROGRM RULES AND REGULATIONS 1) All plots must be maintained in an acceptable manner, kept free of debris and weeds. You are responsible for assuring that the paths surrounding your garden remain clear at all times. Large piles of clippings, weeds, etc. are to be removed immediately and not left outside the gate. 2) Organic gardening techniques and fertilizers should be used. All pesticides must be non -toxic to humans and animals. Any deviation must be reviewed and approved by the garden administrator. 3) Should a plot be deemed neglected or abandoned, the plot holder will be given 15 days to correct the problem or make other arrangements or their fees and plot will be forfeited. 4) Plot holders should donate time for the general upkeep of the Garden. Anyone causing ruts or damage to the common areas is responsible for repairing that damage. 5) Trellises must be kept no higher than five feet. Plantings which attach to the perimeter fences are not permitted. Fencing around individual plots is not permitted. 6) Plot holders will supply their own tools and watering devices. 7) Water should be used only when needed and not in excess, and should not run off onto other plots. Gardeners are asked to turn off all watering systems when plots are unattended and are required to stay in the vicinity of their plots while watering. The use of drip systems are encouraged to conserve water. Adherence to ordinances. on water rationing hours and restrictions, when in effect, is mandatory. 8) Produce from the gardens is to be used for family consumption and not as a commercial commodity. 9) Only flowers, fruits, vegetables and herbs may be grown in the plots. Any trees planted already should be removed or pruned to assure that they do not shade your neighbors' crops. Animal husbandry is not allowed. 10) Each plot holder shall be considerate of other plot holders and should not engage in any activity that is deterimental to others. 11) Each plot holder will be issued a key to the gate which must be returned at the conclusion of the rental agreement period. Gate areas must be accessible at all times. Plots will be staked at the beginning of each season. These stakes are not to be moved or removed. 40' 1994 GARDEN PLOT ASSIGNMENTS EL QUITO PARK NOT TO SCALE, APPROXIMATE SIZES 16 PLOTS ATE November 14, 1994 M E M O R A N D U M TO: E1 Quito Park Community Gardeners FROM: Larry I. Perlin, Director of Public Works 1 W SUBJECT: 1995 Gardening Season ---------------------------------------------------------- - - - - -- This is to advise you that the applications for the 1995 season will be mailed to you in mid - December. The reason for the delay is two -fold. First, as you were made aware in last year's annual renewal letter, the City installed a meter to record water usage for the gardens. After recording ten months of water use, we have estimated that the cost of the water used by the gardeners for 1994 will be approximately $1,.300. The City Council must now decide if they wish to continue to subsidize the water use of the gardeners or whether some or all of the water cost should be recovered through the rental fees for the plots. Secondly, we have compiled a small waiting list of Saratoga residents who are interested in renting. garden plots. Our space is limited to 16. The present Rules and Regulations state that Saratoga residents have first priority over non- residents, but do not stipulate that you must be a resident to rent a garden plot. A staff report with recommendations will be submitted to the City Council at their meeting of December 7th. At that time, the Council will make decisions about whether to recover some or all of the water cost, and who should receive priority for the available plots. You are welcome to attend the Council Meeting to express your views and in any event, will be notified of the Council's decisions by mid - December. Until then if you have any questions, please contact Marlene Tate, the Garden,Plot Administrator, at 867 -3438, Extension 219. `i SARATOGA CITY COUNCIL f EXECUTIVE SUMMARY NO. �(� AGENDA ITEM S_ 8(q) MEETING DATE: 12/094 CITY MGR. All If ORIGINATING DEPT. City Manager's Office SUBJECT: Change of Security of City's loan for low- income housing at Saratoga Court in Saratoga Recommended Motion(s): 1. Approve both the termination of the Pledge Agreement and the execution of the Corporate Guaranty from Mid - Peninsula Housing Coalition for Saratoga Court in Saratoga. Report Summary: In July of 1984, the City of Saratoga loaned Mid - Peninsula Housing Coalition Housing Fund (MPCHF) the sum of $50,000, of CDBG funds, to assist in the acquisition of Saratoga Court. Saratoga Court is an affordable housing development in Saratoga by Crescent Terrace, Inc.(CTI), a nonprofit affiliate of MPCHF. During this same period, the, County of Santa Clara also loaned MPCHF $224,000 for the same purpose. As a result of a series will not have a documentE not be able to recover j Council is recommended t Pledge Agreement and the Corporate Guaranty will collateral in place of a if transactions described below, the City d interest in the stated property and may n the event of default. Therefore, the 3 approve the Termination of the current execution of a Corporate Guaranty. The pledge the assets of the corporation as deed of trust. In July of 1984 MPCHF executed a Promissory Note in the amount of $274,000 in favor of the Lenders. HUD was the primary lender and would not allow the Promissory Note to be secured by a Deed of Trust. As security for the $274,000 Note, CTI executed a Pledge Agreement for Lenders, assigning Lenders all of CTI's interest in a promissory note in the amount of $206,000 executed by Saratoga Court Associates in favor of CTI. The $206,000 Note was to terminate on December 30,1998, by its own terms. On March 23,1989, the Low Income Housing Fund (LIHF) loaned Saratoga Court,Inc. the sum of $271,000 which was in addition and unrelated to the $274,000 loan. As security for the $271,000 loan, a Deed of Trust on the property was executed and the Pledge Agreement was subordinated to this Deed of Trust. In February of 1992, as part of the transaction transferring Crescent Terrace, Inc.'s ownership of the Saratoga Court land to Saratoga Court, Inc., the $206,000 promissory note was extinguished. The Pledge Agreement apparently did not show up on the Preliminary Title Report during the Process of transferring of ownership. The LIHF loan in the original principal amount of $271,00 matured on March 23, 1993 and now Saratoga Court, Inc. desires to refinance the remaining balance of approximately $175,00. In order to refinance, the LIHF has requested that Mid - Peninsula Housing Coalition prepare the Corporate Guaranty for execution by Lenders as Substitute for the security described above, which no longer exists and execute the Termination of Pledge Agreement. This same item has been placed on the Board of Supervisor's Agenda for December 6th since the County had originally loaned MPCHF $224,000. The Board of Supervisors are being requested by County staff to also approve both the termination of the Pledge Agreement and the execution of the Corporate Guaranty from Mid - Peninsula Housing Coalition. Fiscal Impacts• None Advertising. Noticing and Public Contact: None Consequences of Not Acting . on the Recommended Motions: The City will not have a documented interest in the property and may not be able to recover in the event of default. Follow Up Actions: Staff will notify both the County and Mid - Peninsula Housing Coalition of the Council's decision and implement the proposed change. Attachments: -Copy of the Corporate Guaranty -Copy of the Termination of the Pledge Agreement