10 (aaa) “Solid Waste” has the same meaning as defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semi-solid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code Section 40141. (2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
(bbb) “Source Separated” means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the Chapter, Source Separated shall include separation of materials by the generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Mixed Compostables or other Solid Waste for the purposes of collection and processing.
(ccc) “Source Separated Recyclable Materials” means any material designated to be separated from the waste stream for purposes of recycling. This designation shall be made by the Exclusive Franchised Hauler via a franchise agreement or similar documentation. (ddd) “Source Separated Yard Trimmings” means any material designated to be separated from the waste stream for purposes of yard trimmings composting. This designation shall be made by the Exclusive Franchised Hauler via a franchise agreement or similar documentation (eee) “State” means the State of California.
(fff) “Tier One Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Supermarket.
11 (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider.
(4) Food Distributor.
(5) Wholesale Food Vendor.
(ggg) “Tier Two Commercial Edible Food Generator” means a Commercial Edible Food Generator that is one of the following:
(1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
(2) Hotel with an on-site Food Facility and 200 or more rooms. (3) Health facility with an on-site Food Facility and 100 or more beds. (4) Large Venue.
(5) Large Event.
(6) A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
(7) A Local Education Agency facility with an on-site Food Facility. (hhh) “Town” means the Town of Los Altos Hills.
(iii) “Town Enforcement Official” means the City Manager or his or her designee, the City Attorney, or the individual or entity duly authorized by the Town, as applicable, who is/are partially or wholly responsible for enforcing the requirements of this Chapter. (jjj) “Wholesale Food Vendor” means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination.
6-8.04. Requirements For Single-Family Generators.
Single-Family Organic Waste Generators shall:
(a) Subscribe to Town’s Organic Waste collection services for all Organic Waste generated as described below in subsection (b) below. Town shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single-Family generators shall adjust its service level for its collection services as requested by the Town. Generators may additionally manage their Organic Waste by preventing or
12 reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(b) Participate in the Town’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
(1) Generator may place Source Separated Yard Trimmings in the Green Container.
Generator shall not place materials designated for the Gray Containers in the Green Containers.
(2) Generator shall place Source Separated Recyclable Materials in the Blue Container; and Mixed Compostables in the Gray Container. Generator shall not place materials designated for the Blue Containers in the Gray Containers. 6-8.05. Requirements For Commercial Businesses.
Generators that are Commercial Businesses shall:
(a) Subscribe to Town’s collection services and comply with requirements of those services as described below in subsection (b). Town shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collection services as requested by the Town.
(b) Participate in the Town’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
(1) Generator may place Source Separated Yard Trimmings in the Green Container.
Generator shall not place materials designated for the Gray Containers in the Green Containers.
(2) Generator shall place Source Separated Recyclable Materials in the Blue Container; and Mixed Compostables in the Gray Container. Generator shall not place materials designated for the Blue Containers in the Gray Containers. (c) Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Sections 6(d)(1) and 6(d)(2) below) for employees, contractors, tenants, and customers, consistent with Town’s Blue Container, Green Container, and Gray Container collection service. (d) Provide containers for the collection of Source Separated Yard Trimmings and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials
13 that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers.
Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
(1) A body or lid that conforms with the container colors provided through the collection service provided by Town, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first. (2) Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
(e) To the extent practical through education, training, Inspection, and/or other measures, prohibit employees from placing materials in a container not designated for those materials per the Town’s Blue Container, Green Container, and Gray Container collection service. (f) Periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and of the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). (g) Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Yard Trimmings and Source Separated Recyclable Materials.
(h) Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Yard Trimmings and Source Separated Recyclable Materials separate from Mixed Compostables (when applicable) and the location of containers and the rules governing their use at each property.
(i) Provide or arrange access for Town or its agent to their properties during all Inspections conducted in accordance with Section 6-8.13 of this Chapter to confirm compliance with the requirements of this Chapter.
(j) Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
(k) Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to 6-8.07 and 6-8.08.
14 6-8.06. Waivers For Generators.
(a) Physical Space Waivers. The Town may grant a physical space waiver to a Commercial Business for complying with the recyclable materials and/or Organic Waste collection service requirements of this Chapter, if the Town receives evidence from its own staff, its Designee, the Commercial Business requesting a waiver, a licensed architect, or a licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section 6-8.05.
The number of requirements that may be waived pursuant to a waiver granted by the Town shall be determined by the Town based on the particular operational circumstances of each Commercial Business as demonstrated by the foregoing evidence or the submittals described below.
A Commercial Business or property owner may request a physical space waiver through the following process:
(1) Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver.
(2) Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers including documentation from its hauler, licensed architect, or licensed engineer.
(3) Provide written verification to Town that it is still eligible for physical space waiver every five years, if Town has approved application for a physical space waiver. (b) Collection Frequency Waiver. The Town, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment or industry that subscribes to the Town’s three-container Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen days, rather than once per week. Notwithstanding the grant of an exception under this subsection, however, containers containing putrescible materials must be collected once every seven days.
(c) Review and Approval of Waivers by Town. The City Manager or his or her designee shall have the authority to review and approve waivers described in the foregoing sections. 6-8.07. Requirements For Commercial Edible Food Generators. (a) Tier One Commercial Edible Food Generators must comply with the requirements of this Section 6-8.08 commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. (b) Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
15 (c) Commercial Edible Food Generators shall comply with the following requirements:
(1) Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
(2) Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self-hauls to the Food Recovery Organization for Food Recovery. (3) Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
(4) Allow Town’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4. (5) Keep records that include the following information, as required in 14 CCR Section 18991.4:
(A) A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
(B) A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
(C) A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self-hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self-hauled. (iv) The quantity of food, measured in pounds recovered per month, collected or self-hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
(d) Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code,
16 relating to food safety, as amended, supplemented, superseded and replaced from time to time).
6-8.08. Requirements For Food Recovery Organizations And Services. (a) Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
(2) The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
(3) The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
(4) The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. (b) Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
(1) The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. (2) The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
(3) The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. (c) Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the Town and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the Town it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). This report shall be submitted quarterly, or at the discretion of the Town or its Designee, less frequently, and shall cover the activity that occurred since the period of the last submission.
(d) Food Recovery Capacity Planning
17 (1) Food Recovery Services and Food Recovery Organizations. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the County, Town, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the Town shall provide information and consultation to the Town, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the Town and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the Town shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the Town.
6-8.10. Requirements For Haulers And Facility Operators. (a) Requirements for Haulers
(1) Exclusive Franchised Hauler providing residential, Commercial, or industrial Organic Waste collection services to generators within the Town’s boundaries shall meet the following requirements and standards as a condition of approval of a contract, agreement, or other authorization with the Town to collect Organic Waste:
(A) Through written notice to the Town annually as provided in the franchise agreement with the Exclusive Franchised Hauler, which shall not be less than annually, identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostables.
(B) Transport Source Separated Recyclable Materials, Source Separated Yard Trimmings, and Mixed Compostables to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2.
(C) If authorization is not otherwise provided in the Exclusive Franchise Agreement, obtain approval from the Town to haul Organic Waste, unless it is transporting Source Separated Yard Trimmings to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 6-8.12 of this Chapter, Chapter 1.10 under Title 8 of this Code, and other applicable Town C&D requirements under this Code.
(2) Exclusive Franchised Hauler authorized to collect Organic Waste in the Town shall comply with education, equipment, signage, container labeling, container color, contamination monitoring, reporting, and other requirements contained within its franchise agreement, permit, license, or other agreement entered into with Town. (b) Requirements for Facility Operators and Community Composting Operations (1) Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in-vessel digestion facilities, and publiclyPage 659 of 704 18 owned treatment works shall, upon Town request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the Town shall respond within 60 days. (2) Community Composting operators, upon Town request, shall provide information to the Town to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation. Entities contacted by the Town shall respond within 60 days.
6-8.11. Self-Hauler Requirements.
(a) Self-Haulers shall source separate all recyclable materials and Organic Waste generated onsite from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
(b) Self-Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste. Alternatively, Self-Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
(c) Commercial Business Self-Haulers shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be subject to Inspection by the Town or its Designee. If requested in writing, the Commercial Business Self-Hauler shall provide the record to Town or its Designee. The records shall include the following information:
(1) Delivery receipts and weight tickets from the entity accepting the waste. (2) The amount of material in cubic yards or tons transported by the generator to each entity. (3) If the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the Self-Hauler’s vehicle in a manner that allows it to determine the weight of materials received, the Self-Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. 6-8.12. Compliance With Calgreen Recycling Requirements. (a) Any individual or entity submitting an application for a building permit from the Town shall comply with the requirements of this Section and all required components of the California Green Building Standards Code, 24 CCR, Part 11, known as CALGreen, as amended and adopted by reference under Title 8 of this Code. If the requirements of CALGreen are more stringent then the requirements of this Section, the CALGreen requirements shall apply.
19 (b) Applicants with projects subject to CALGreen requirements must, as a condition of building permit issuance, must :
(1) Comply with CALGreen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. (2) Comply with Town’s C&D regulations under Title 8 of this Code, and all written and published Town policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. 6-8.12. Procurement Requirements For Town Departments, Direct Service Providers, And Vendors.
(a) The Town’s departments, and direct service providers to the Town, as applicable, must comply with the Town’s Recovered Organic Waste Product procurement policy most recently in effect and as may be amended from time to time, and Recycled-Content Paper procurement policy most recently in effect and as may be amended from time to time. The Town’s City Manager shall have the authority to adopt and amend as necessary administrative instructions to effectuate the procurement policies described herein. (b) All vendors providing Paper Products and Printing and Writing Paper shall:
(1) If fitness and quality are equal, provide Recycled-Content Paper Products and Recycled-Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non-recycled products whenever recycled Paper Products and Printing and Writing Paper are available at the same or lesser total cost than non-recycled items.
(2) Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standard as defined in 16 Code of Federal Regulations (CFR) Section 260.12.
(3) Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the Town. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
(4) Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the Town is eligible to be labeled with an unqualified recyclable label as defined in 16 Code of Federal Regulations (CFR) Section 260.12 (2013).
(5) Provide records to the Town’s Recovered Organic Waste Product procurement recordkeeping Designee in accordance with the Town’s Recycled- Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper
20 purchases within thirty (30) days of the purchase (both recycled content and nonrecycled content, if any is purchased) made by any division or department or employee of the Town. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in subsections (b)(3) and (b)(4) above for recycled-content purchases, (including products that contain none), and if non-recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled-Content Paper Products or Printing and Writing Papers were not provided. 6-8.13. Inspections And Investigations By Town.
(a) The Town or its Designee are authorized to conduct Inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads during unloading, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi-Family Residential Dwellings), property owners, Tier One and Tier Two Commercial Edible Food Generators, haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section shall not be construed to allow the Town or its Designee to enter the interior of a private property for Inspection.
(b) Regulated entity shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the Town’s employee or its designated entity/Designee during such Inspections and investigations. Such Inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter described herein. Failure to provide or arrange for: (i) access to an entity’s premises; or (ii) access to records for any Inspection or investigation is a violation of this Chapter and may result in penalties described.
(c) Any records obtained by a Town during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.
(d) Town representatives, its designated entity, and/or Designee are authorized to conduct any Inspections or other investigations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
(e) The Town or its Designee shall receive written complaints from persons regarding an entity that may be potentially non-compliant with SB 1383 Regulations, including receipt of anonymous complaints. Complaints shall be received and processed as follows:
a. Complaints shall be submitted in writing and shall include the following information:
i. If the complaint is not anonymous, the name and contact information of the complainant.
21 ii. The identity of the alleged violator, if known.
iii. A description of the alleged violation including location(s) and all other relevant facts known to the complainant.
iv. Any relevant photographic or documentary evidence to support the allegations in the complaint.
v. The identity of any witnesses, if known.
b. The Town or its Designee shall review the complaint for compliance with the foregoing requirements of subsection (e)(1) and determine whether the allegations, if proven true, would constitute a violation of this Chapter. If so, the Town or its Designee shall commence an investigation within 90 days of receiving the complaint. The Town or its Designee may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to it.
c. If the identity and contact information of the complainant are known, the Town or its Designee shall provide notice to the complainant upon conclusion of the investigation the status or results of their complaint. d. The Town shall maintain records of all complaints and responses pursuant to this section as required by 14 CCR Section 18995.2, as may be amended. The records shall include the complaint as received and the Town's determination of compliance or notice of violations issued.
(f) The City Manager is authorized to adopt administrative regulations to further implement or effectuate the requirements of this subsection.
6-8.14. Enforcement.
(a) Violation of any provision of this Chapter shall be subject to the administrative citation process set forth under Title 1, Chapter 2 of this Code by a Town Enforcement Official or Regional Agency (as defined in Public Resources Code Section 40181) or County Agency Enforcement Official, except that any lien procedure that may be described under that chapter or elsewhere under this Code shall not apply to violations under this Chapter. Non-Local Entities and Local Education Agencies are not subject to the Town’s enforcement authority. (b) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. Town may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. Town may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of Town staff and resources. (c) Responsible Entity for Enforcement
(1) Enforcement pursuant to this Chapter may be undertaken by the Town Enforcement Official.
22 (2) Enforcement may also be undertaken by a Regional or County Agency Enforcement Official, designated by the Town, in consultation with Town Enforcement Official. (A) Town Enforcement Official(s) will interpret Chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met. (B) Town Enforcement Official(s) may issue Notices of Violation(s). (d) Process for Enforcement
(1) Town Enforcement Officials will monitor compliance with the Chapter randomly and through Compliance Reviews, Route Reviews, investigation of complaints, and an Inspection program. Section 6-8.13 establishes Town’s right to conduct inspections and investigations.
(2) Town may issue an official notification to notify regulated entities of its obligations under the Chapter.
(3) Issuance of a Notice of Violation.
(A) For incidences of Prohibited Container Contaminants found in containers, Town will issue a Notice of Violation to any generator found to have Prohibited Container Contaminants in a container.
(B) Such notice will be provided via a cart tag or other communication immediately upon identification of the Prohibited Container Contaminants or within twenty-four hours after determining that a violation has occurred.
(C) If the Town observes Prohibited Container Contaminants in a generator’s containers on more than two (2) consecutive occasion(s) or more than three (3) times in any twelve (12) month period, the Town Enforcement Official may assess contamination processing fees or contamination penalties on the generator. (4) With the exception of violations of generator contamination of container contents addressed under Section 6-8.14(d)(3), Town shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice. (5) Absent compliance by the notice recipient within the deadline set forth in the Notice of Violation as described above, Town shall commence an action to impose penalties, via an administrative citation and fine, pursuant to Title 1, Chapter 2 or any other remedy available to the Town.
Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the Town or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collection services, depending upon available information
23 (e) Penalty Amounts for Types of Violations
The penalty levels are as follows:
(1) For a first violation, the amount of the base penalty shall be $50 to $100 per violation. (2) For a second violation, the amount of the base penalty shall be $100 to $200 per violation.
(3) For a third or subsequent violation, the amount of the base penalty shall be $250 to $500 per violation.
(f) Factors Considered in Determining Penalty Amount
The following factors shall be used to determine the amount of the penalty for each violation within the appropriate penalty amount range:
(1) The nature, circumstances, and severity of the violation(s). (2) The violator’s ability to pay.
(3) The willfulness of the violator's misconduct.
(4) Whether the violator took measures to avoid or mitigate violations of this chapter. (5) Evidence of any economic benefit resulting from the violation(s). (6) The deterrent effect of the penalty on the violator. (7) Whether the violation(s) were due to conditions outside the control of the violator. (g) Compliance Deadline Extension Considerations
The Town may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with Section 6-8.14 if it finds that there are extenuating circumstances based on evidence presented in the record before it that are beyond the control of the respondent that make compliance within the deadlines impracticable, including but not limited to the following:
(1) Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
(2) Delays in obtaining discretionary permits or other government agency approvals; or, (3) Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the Town is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
(h) Appeals Process
Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation. A hearing will be held only if it is requested within the time prescribed and consistent with Town’s procedures in the Town’s codes for appeals of administrative citations. Evidence may be presented at the hearing. The Town will appoint a hearing officer who shall conduct the hearing and issue a final written order. (i) Education Period for Non-Compliance
24 Beginning January 1, 2022 and through December 31, 2023, Town will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance, and if Town determines that Organic Waste Generator, Self-Hauler, hauler, Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by January 1, 2022, and that violations may be subject to administrative civil penalties starting on January 1, 2024. (j) Civil Penalties for Non-Compliance
Beginning January 1, 2024, if the Town determines that an Organic Waste Generator, SelfHauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service, or other entity is not in compliance with this Chapter, it shall document the noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to Section 6-8.14, as needed. 5044023.3
MY GREENWASTE SERVICE
Cart set-out locations and available collection services vary based on the accessibility of your property and whether you subscribe to On-Premise collection.
Street Accessibility
GRAY, BLUE and GREEN carts may be set out along
streets accessible by STANDARD vehicles.
GRAY and BLUE carts may be set out along streets
accessible by SMALL vehicles.
GREEN carts must be taken to a road accessible by
STANDARD vehicles (Curbside).
On-Premise Service (additional charge)
On-Premises service, a concierge private property
� service, is available to all customers for an
- additional charge. Only GRAY and BLUE carts are
collected On-Premise.
BASE SERVICES include:
one (l) 20-, 32-, 64- or 96-gallon GRAY cart
+ one (l} 96-Gallon BLUE cart
+ up to two (2) 96-gallon GREEN carts
(Note: GREEN carts are only collected Curbside)
On-Premise & Small Truck Only customers may
trade their two (2) GREEN carts for one (l)
96-gallon GRAY cart
Restrictions apply.
CART SET-OUT GUIDELINES
I Weekly collection requires the use of GreenWaste-issued carts. 0 Please set carts out by 8am on your service day.
d!III & Contents cannot exceed the weight limits listed on the cart or 150 lbs. (whichever is less).
•
r
5 It from cars 2 It from carts
HOLIDAYS
Batteries
on top
of cart
Oil/filters next to carts
Collection will not occur on New Year's Day (January l ), Thanksgiving (4th Thursday in November) or Christmas (December 25).
If your regular collection day falls on or after one of these holidays, your collection will be moved to the next day.
HOLIDAY TREES
On service day, place unornamented trees (cut to no longer than live (5) foot lengths) Curbside, next to your service carts for Yard Trimmings collection. Trees are collected for no additional charge in the first twenty-eight (28) calendar days following December 26th.
DIVERTING WASTE FROM LANDFILL
GreenWaste owns and operates a Materials Recovery Facility in San Jose, where all of Los Altos Hills's material is processed. The end results of processing include separated recyclables, landscape compost, and OMRI certified compost.
Public Art (2nd Mon/month - 5:00 PM) Schmidt
Community Relations (4th Tues/month - 7:00 PM) Schmidt
Education (Feb, May, Aug, Nov 2019 - 7:00 PM) Mok
Emergency Communications (1st Tues/month - 7:00 PM) Schmidt Environmental Design & Protection (2nd Tues/month - 5:45 PM) Tankha Environmental Initiatives (2nd Thur/month - 6:30 PM) Mok Finance/Investment (1st Mon/month - 4:00 PM) Tankha/Tyson Tyson/Swan History (3rd Tues/month - 3:30 PM) Swan
LA/LAH Jt. Comm. Vol. Service Awards (As Needed) Swan
LA/LAH Senior Commission (1st Mon/month - 3:30 PM) Swan LA/LAH Library Commission Schmidt
Open Space (2nd Thur/month - 9:00 AM) Tyson
Parks & Recreation (3rd Mon/month - 5:30 PM) Mok
Pathways (4th Mon/month - 7:00 PM) Swan
Technology Committee (Time/Date TBD)
LAH Emergency Council (Ordinance 550 states:
(3) The Mayor, or as an alternate, the Vice Mayor who shall be the Liaison) Tankha/Tyson Tyson/Swan Association of Bay Area Governments (ABAG) (3rd Thur/month every other month) Tankha North County Library Authority (no fixed schedule 4X/year) Schmidt/Swan Joint Powers Authority Board (Library) Schmidt/Swan
Valley Transportation Authority (VTA) Board (Group 2) (1st Thur/month 5:30 PM) Mok VTA Policy Advisory Group (2nd Thur/month 4:00 PM) (Alternate is okay) SCVWD Water Commission (4th Wed/month every quarter 12:00 PM) Schmidt Santa Clara County Cities Assn. Board (2nd Thur/month 7:00 PM, no meeting in July) Mok/Schmidt Los Altos Hills County Fire District (3rd Tues/month 7:00 PM) Tyson/Tankha Tyson/Tankha CHAC JPA (4thWed/month 4:30 PM-no meeting July & Dec) Tyson Silicon Valley Clean Energy Authority (2nd Wed/month 6:00 PM) Tyson/Schmidt (Alt) updated: 1/2022
2022 Council Liaison
2021 Council Liaison 2022 Council Liaison
2021 Council Liaison
Outside Agencies
Town Standing Committees
AGENDA ITEM #7.A
Public Art (2nd Mon/month - 5:00 PM) Schmidt Schmidt (2) Community Relations (4th Tues/month - 7:00 PM) Schmidt Schmidt (2)Education (Feb, May, Aug, Nov 2019 - 7:00 PM) MokEmergency Communications (1st Tues/month - 7:00 PM) Schmidt Schmidt (1)Environmental Design & Protection (2nd Tues/month - 5:45 PM) Tankha TankhaEnvironmental Initiatives (2nd Thur/month - 6:30 PM) Mok Mok (1)Finance/Investment (1st Mon/month - 4:00 PM) Tankha/Tyson Tyson/SwanHistory (3rd Tues/month - 3:30 PM) Swan Swan (2) LA/LAH Jt. Comm. Vol. Service Awards (As Needed) Swan Swan (2)LA/LAH Senior Commission (1st Mon/month - 3:30 PM) Swan Swan (2) LA/LAH Library Commission Schmidt Schmidt (2)Open Space (2nd Thur/month - 9:00 AM) Tyson Tyson (2)Parks & Recreation (3rd Mon/month - 5:30 PM) Mok Mok (1)Pathways (4th Mon/month - 7:00 PM) Swan Swan (1) Technology Committee (Time/Date TBD)
Mok (1), Swan (2); Schmidt (1)
LAH Emergency Council (Ordinance 550 states:
(3) The Mayor, or as an alternate, the Vice Mayor who shall be the Liaison) Tankha/Tyson Tankha/Tyson Association of Bay Area Governments (ABAG) (3rd Thur/month every other month) Tankha TankhaNorth County Library Authority (no fixed schedule 4X/year) Schmidt/Swan Schmidt (2) Joint Powers Authority Board (Library) Schmidt/Swan Schmidt (2)Valley Transportation Authority (VTA) Board (Group 2) (1st Thur/month 5:30 PM) Mok VTA Policy Advisory Group (2nd Thur/month 4:00 PM) (Alternate is okay)SCVWD Water Commission (4th Wed/month every quarter 12:00 PM) Schmidt Schmidt (2) Santa Clara County Cities Assn. Board (2nd Thur/month 7:00 PM, no meeting in July) Mok/Schmidt Mok Los Altos Hills County Fire District (3rd Tues/month 7:00 PM) Tyson/Tankha Tyson/Tankha CHAC JPA (4thWed/month 4:30 PM-no meeting July & Dec) Tyson Tyson (1)Silicon Valley Clean Energy Authority (2nd Wed/month 6:00 PM) Tyson/Schmidt (Alt) Tyson(1)/Schmidtupdated: 1/2022 2022 Council Liaison
2021 Council Liaison 2022 Council Liaison2021 Council Liaison Outside AgenciesTown Standing Committees
AGENDA ITEM #7.AProposed for Discussion PurposesUpdated and Posted 1/20/22
TOWN OF LOS ALTOS HILLS January 20, 2022
Staff Report to the Town Council
SUBJECT: DISCUSSION AND POSSIBLE ACTION TO FORM A COUNCIL AD HOC COMMITTEE TO REVIEW THE UPCOMING SHERIFF’S CONTRACT
FROM: Cody Einfalt, Management Analyst II
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council
Discuss and consider forming a council ad hoc committee with the intent to review the Sheriff’s contract in preparation for the 2024 renewal.
BACKGROUND:
On July 1, 2014 the Town of Los Altos Hills entered into an agreement with the Santa Clara County Office of the Sheriff for law enforcement services (Attachment 1). The term of the agreement was set for ten (10) years and will expire on July 1, 2024.
DISCUSSION:
Staff recommends that the City Council form an ad hoc committee with the purpose of reviewing the provisions of the existing contract and consider options for improvement or reconsideration in advance of the 2024 contract expiration.
The ad hoc committee may choose to hold public forums or accept online comments to solicit community ideas and perspectives about the proposed contract renewal.
Following research and discussion, the ad hoc committee will bring back recommendations to the entire Council on how to direct staff to proceed with the expiring law enforcement contract with the County.
ATTACHMENTS:
1. Current contract between the Town and SCC Sheriff’s Office (dated: 7/1/2014) AGENDA ITEM #7.B
C.E.
P.P.
LAW ENFORCEMENT CONTRACT
THIS IS AN AGREEMENT between the County of Santa Clara, State of California, hereinafter referred to as " County," and the Town of Los Altos Hills, hereinafter referred to as Town."
WHEREAS, County has the legal authority to render law enforcement services and criminal justice administrative services to incorporated cities in the County of Santa Clara and is equipped and willing to do so to the extent and in the manner hereinafter provided; and WHEREAS, Town is primarily responsible for providing law enforcement services within Town limits and is desirous of contracting with the County for the rendition of such services; and
WHEREAS, County and Town desire to enter into an agreement providing for said services, specifying the nature and extent thereof and establishing compensation to be paid therefore;
NOW, THEREFORE, the parties hereto agree as follow:
I. LAW ENFORCEMENT SERVICES
A. Law Enforcement Services
1. Within the corporate limits of Town, County shall provide police protection through its Sheriff's Office as may be required by Town and as within the capability of the Sheriff to provide. Services to be performed under this section ( A)( 1) include patrol of established beats, responses to emergency calls, investigative services, and other law enforcement services. The cost of such services shall be set forth in Exhibit A attached.
2. The rendition of such services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services shall remain in the discretion of the Sheriff.
3. In the event of a disagreement as to the performance or amount of the services to be provided pursuant to this section ( A)( 1), the Sheriff or his/her designee shall meet with the representative( s) of Town to review the manner ofperformance of such services.
B. Supplemental Services
1. Within the corporate limits of Town, County shall, through its Sheriffs Office, provide supplemental services as requested by the Town. The cost of such services shall be at the rate set forth in Exhibit A. Services to be 7 Z --4D3 DMUCCATH 0RXQ10L JUN 2 4 20%1.
Attachment 1
performed under this section ( 13)( 1) shall be provided exclusively within the Town limits of Town except in an emergency. These services may include, if requested by Town, traffic law enforcement beyond the basic services, crime prevention patrols, and other law enforcement services that are acceptable of being scheduled and within the capability of the Sheriff to provide.
2. The plan of patrol, the hours of coverage and other similar details shall be determined, insofar as it is possible to do so, by the mutual consent of the Sheriff and the City Manager of Town.
3. The level of requested supplemental services shall be determined by mutual written agreement between the County and the Town prior to the beginning of the fiscal year. The agreed upon level of supplemental service shall remain constant in the fiscal year, except upon sixty ( 60) days written notice by either party. Town may, at any time during the term of this contract, request supplemental services from the Sheriff for a specific period within any fiscal year. Said Agreement for Supplemental Services shall be an addendum to this agreement and shall provide for the type, cost, level and time of such services.
4. Regional assets shall provide services to Town on the same basis as these regional asset services are provided to other law enforcement agencies as provided in mutual aid protocol.
C. Supplemental Reserve Services
These services are provided by reserve sheriff' s deputies. Their primary responsibility is the transportation of arrestees from the arrest location to the appropriate jail facility, and additional services as requested by Town and approved by the Sheriff' s Office.
D. Plan for Service
1. Prior to March 1" of each contract year, Town shall provide to the Sheriff a written statement of the level of law enforcement service to be provided during the coming contract year. IfTown fails to request a specific level of service of the coming fiscal year not less than thirty ( 30) days prior to the start of the fiscal year, County may provide the same level of service as was provided during the previous fiscal year, but for a period of time not to exceed thirty (30) days.
2. Prior to March 15th of each contract year, Town and Sheriff shall develop a plan which specifies the level and amount of services to be provided in the ensuing fiscal year.
E. Assignment and Transfer Policy
Sheriffs deputies assigned to provide Law Enforcement Services and Supplemental Services as herein described shall be assigned to Town for a period of not less than three years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff.
Special Assignment personnel ( e. g. SRO) shall be assigned to Town for a period of not less than five years except when a person is reassigned because of promotion or layoff, because a transfer is requested by the individual, or by the Town and concurred with by the Sheriff.
F. Designation of Chief of Police
If Town shall so desire, and County and the Sheriff shall so agree, nothing in the agreement prevents or limits Town from designating the Sheriff or his designee as its Chief of Police in order to satisfy the provisions of Part I, Division 3, Title 4 ofthe California Government Code ( sections 36501, et seq.). However, this shall not affect the authority ofthe Sheriff to control and direct employees of this Office in carrying out duties and obligations pursuant to this contract and shall not increase any liability to the County arising from this agreement.
G. Disaster Contingency Plan
In the event of a major disaster that necessitates the activation of an Emergency Operations Center in Town, a Sheriffs representative shall immediately be dispatched and report to the Director of Emergency Services (City Manager).
2. Initial response by a Deputy Sheriffmay be the nearest patrol unit or able bodied officer available.
3. A pre -designated Sheriffs Emergency Operations Center liaison officer shall be notified as soon as possible to respond to the Emergency Operations Center and coordinate law enforcement responsibilities.
4. The pre -designated Emergency Operations Center liaison officers maintained on the active call list shall be available to the Director of Emergency Services.
5. Responsibility for personnel instruction and any specialized training in the Emergency Operations Center shall be provided by Town.
6. In the event a major disaster occurs, the Sheriff' s Office shall provide support as required to comply with the Town' s emergency operations cost recovery efforts.
H. Booking and Processing Services
County shall provide booking and processing services to those arrested persons within the Corporate limits ofTown, and who are brought to the County jail for booking or detention.
I. Communication Services
The County shall, through its Communication Department, provide for emergency communication services in support ofthe Sheriff' s Office and Town' s operations. Services will include 24 hour per day 9- 1- 1 telephone answering and radio dispatching of Sheriffs personnel. Services will be provided in accordance with the existing departmental operational procedures.
II. COMPENSATION
A. Compensation for Law Enforcement Services Provided by Sheriff
1. The Town shall compensate the County utilizing the Fiscal Year 2014/ 2015 base rate established for general law enforcement and county communications ( hereinafter " law enforcement"). The parties agree that the annual increase to law enforcement service costs shall be limited to the base rate times the percentage increase in total compensation ( exclusive of PERS) provided to all patrol deputies of the Sheriff' s Office as set forth in a calculation formula agreed and attached hereto as " Exhibit B" and incorporated herein by reference, or the annual average for the 12 month period of December to December of the US Department of Labor, Bureau of Labor Statistics, Urban Wage Earners and Clerical Workers Consumer Price Index (CPI/W) for the San Francisco -Oakland -San Jose region hereinafter " CPI/ W") plus 2%, whichever is less. For years in which compensation is increased in a multi- year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/ W plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the life of the agreement. In addition, the Town agrees to
compensate the County for any PERS cost increases charged to the County. These contractual costs may be adjusted only one ( 1) time per year to be effective at the start of each fiscal year on July 1.
2. If, during the course of a fiscal year, it appears that the Sheriff will exceed the planned level of service, Town or Sheriff shall as soon as possible notify the other party and propose amendments or modifications to the plan of services for the balance of the fiscal year. Town or Sheriff shall review any such proposed modifications but is not obligated to approve them. If Town does not approve them, the Sheriff is not obligated to provide such services over and above the level of services provided in the plan. Town is not obligated to pay for services in an amount greater than the total that has been approved in the plan. The County agrees that it will not unilaterally reduce the level of law enforcement services without prior consultation with the Town.
3. In those years during which a contract is to be negotiated between the County of Santa Clara and the Deputy Sheriffs Association, and has not been settled for the purpose of computing increases in this agreement, the county shall utilize the average CPI/ W plus 2% for computation of said increases plus any additional PERS contribution increases. County will subsequently notify Town of any increases in rates resulting from the new contract terms, within thirty (30) days of the date of such contract resolution. For years in which compensation is increased in a multi- year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPVW plus 2% for each individual year. The increase over the life of the agreement will not exceed the actual cumulative average of CPI/W plus 2% for the ten year agreement.
4. County shall specify to Town, not less than ninety ( 90) days prior to the start of Town's fiscal year, the new projected budget annual contract amount.
a. Town shall compensate County at the primary rate, for the Activity" and " Patrol" time expended in the Town. Additionally, County shall charge Town for meal periods, "beat preparation" time and " securing from beat" time at the rate often percent ( 10%) of the above referenced hours.
b. " Activity" and " Patrol" times are identified through the County Patrol Activity Network Analysis ( COPANA) and Patrol Activity
Report (PAR). A listing of items and their designations as Activity" or "Patrol" are to be set forth in the attachment to the yearly plan for service. The COPANA and PAR software
applications may be updated or exchanged for newer software applications during the life of the agreement.
B. Supplemental/ Reserve Service
Compensation for all services within Sections A., B. and C. to be rendered pursuant to this agreement shall be based upon one of the following five 5) rates per hour of service:
a. Primary Rate. This rate is calculated to reflect the average full cost of a single Deputy with patrol vehicle.
b. Supplemental Day Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is not payable to the deputy who operates the vehicle.
C. Supplemental Night Rate. This rate is calculated according to the cost of a single Deputy with patrol vehicle during periods when the night shift differential salary increment is payable to the deputy who operates the vehicle.
d. Supplemental Reserve Rate. This rate is calculated according to the cost oftwo Reserve Deputy Sheriffs with patrol vehicle. e. Investigative Service Rate. This rate is calculated to reflect the average full cost per hour of an investigator' s time.
2. Town shall compensate County monthly for each hour of Supplemental Service at the rates described above and specified in Exhibit A.
C. Base Rent and Operating Costs of Westside Substation
1. Town and County shall share the costs of renting and operating the West Valley Division Substation as follows:
a. The Town' s share of the base rent and operating cost will be based upon the lease agreement between the County and Dollinger Properties, LLC. The monthly base rent will increase 2. 5% each year commencing November 8, 2015 and Town shall be
responsible for its share of this base rent increase. Town shall be responsible for any increase in operating expenses and real estate
taxes allocated to the building to the extent that such expenses exceed costs incurred in the FY2014/2015 Base Year. Yearly increases in controllable operating costs ( other than insurance, taxes and utilities) shall be capped at 5%. These operating costs maybe adjusted only one ( 1) time per year to be effective at the start of each fiscal year on July 1.
The Town's share of the operating cost and base rent will be a prorated amount based upon the actual billable hours as indicated in the COPANA reports. For budgeting purposes estimates are provided in the plan of execution of law enforcement services contract provided each year.
b. Town shall pay to County monthly that portion of the substation operating costs attributable to Town. Any change to the location of the substation, or the cost of the facility over and above the contract language as set forth in II.C. I. a., shall be mutually agreed to by the parties to this agreement.
C. For the purposes of this provision of the Agreement ( 1) " Operating Costs" are defined as the cost ofrent, janitorial services, minor repairs, and utilities and all other costs the County is required to pay under the lease agreement for the substation.
d. Pro rata share to Town for substation costs will not be changed during the term of this agreement due to the loss of any contracting city unless mutually agreed to by the remaining parties to the agreement.
D. Compensation for Criminal Justice Administrative Services The criminal justice administrative fee is based upon an approved County of Santa Clara Ordinance No. NS - 300.470.
E. Method of payment for all Services
Compensation for all services shall be paid by Town to County in the following manner:
1. The Town shall pay to County an amount equal to one -twelfth ofthe annual projected budget amount as calculated in Exhibit B. First payment is due on the tenth day following the last day of each month of the contract year.
2. Adjustment to the law enforcement annual projected budget -amount shall be performed every year of the contract as follows:
a. The difference between the actual cost of police services for the previous year, as shown by the COPANA report and the amount actually paid by Town to County for those services shall be added to, or subtracted from, the amount paid for the prior year. b. Other police services not included in COPANA Reports shall be reconciled every year for those specific services.
3. Payments, or any portion thereof, not made by Town to County within thirty (30) days ofthe due date shall accrue interest at the rate of ten percent( 10%) per annum until paid. Interest so accrued shall be payable to county on the last day ofthe month in which it accrued.
4. By September 30 following the end of each ofthe contract reconciliation years, County shall provide to Town the COPANA report for the entire contract years. If the amount actually paid by Town to County exceeds the cost of law enforcement services and operating costs of the West Valley Station as set forth in the COPANA report, County shall pay to Town the amount of such excess by October 1 following the end ofthe contract year.
Within twenty-one ( 2 1) days ofreceipt of such final COPANA report, Town shall pay to County the full amount, if any, by which the costs of police services, as set forth in all COPANA reports for the contract year, exceeds the amount actually paid by Town for such services. For purposes of calculating the final amount due to County from Town, Town' s credit for the amount actually paid by Town shall not include any interest paid by Town due to late monthly payments.
III. REPORTS
A. Monthly Reports
County shall provide to Town on a monthly basis report( s) on the incidence of crime within Town. Said report( s) shall differentiate between " law enforcement services" and supplemental services," and shall be in a format as agreed upon between County and Town.
1. County shall provide such month end reports to Town within thirty (30) days ofthe last day of that month.
2. By September 30 following the end of the contract year, County shall provide to Town the COPANA report for the entire contract year.
3. Special additional reports requested by Town may be provided at cost.
IV. HOLD HARMLESS CLAUSE
A. The County shall indemnify, defend, and hold harmless the Town, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance ofthe duties and obligations ofthe County and its employees set forth in this agreement.
B. The Town shall indemnify, defend, and hold harmless the County, its officers, agents and employees from any loss, liability, claim, injury or damage arising out of, or in connection with, performance of the duties and obligations ofthe Town and its employees set forth in this agreement.
C. This mutual indemnification agreement is adopted pursuant to Government code section 895. 4 and in lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government code section 895. 6.
V. INSURANCE AND LIABILITY
County and Town shall each maintain its own liability insurance coverage, through self-insurance or otherwise, against any claim of civil liability arising out of the performance of this agreement.
VI. TERM OF AGREEMENT
This agreement shall become effective on 7/ 1/ 14, and may be terminated without cause by County or Town upon the giving of one -hundred and eighty ( 180) days written notice of such termination to the other party. In the absence of such notice oftermination, this agreement shall be effective for a term of one hundred and twenty ( 120) months until 7/ 1/ 24, subject to any modifications which are made in accordance with the terms and conditions of this agreement. If Town elects to terminate this Agreement prior to the expiration of the ten- year term, the Town shall nonetheless pay the full amount ofits pro - rata share remaining on County tenant improvements, moving costs and remaining lease commitments for the West Valley Division substation.
At the expiration of this ten ( 10) year contract, this contract can be renewed for an additional five (5) year period upon written notice ofrenewal by Town and the County to the other parties at least one hundred eighty ( 180) days prior to the expiration of this contract.
The 2004 Law Enforcement Contract between the parties and any extension thereof is terminated upon the effective date of this Agreement.
This agreement may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one document.
COUNTY OF SANTA CLARA
Date: JUN 2 4 2014
Signed and certified that a copy ofthis
Document has been delivered by electronic
Or other means to the President, Board of
Supervisors.
By:.
VVnsserman; President " "..........
Board of Supervisors
Atte : Dated: JUN 2 4 2014
RegadaClerk
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Ch 1 Stevens, Deputy County Counsel ( Date)
Date: June 19, 2014
AS TO FORM AND LEGALITY:
Steven Mattas, City J
Dated: June 19, 2014
TOWN OF LOS ALTOS HILLS
r
By:
Carl Cahill, City Manager
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2014- 2015
LOS ALTOS
RATES CUPERTINO HILLS SARATOGA
GENERAL LAW ENFORCEMENT
Proposed Hours - Activity
Proposed Hours - Patrol
Total Hours
Proj Costs FY 2014- 2015 @ $ 164. 90
TRAFFIC ENFORCEMENT - DAYS:
Proposed Hours
Proj Costs FY 2014- 2015 @ $ 162. 43
Cupertino @ $ 162. 45
TRAFFIC ENFORCEMENT - NIGHTS:
Proposed Hours
UNINCORP.
38, 248. 0 5, 421. 0 20, 060. 0 14, 696. 0
6, 307, 095 $ 893, 923 $ 3, 307, 894 $ 2, 423, 370
7, 200. 0 43. 0 4, 195. 4 0. 0
6, 984 $ 681, 451 $ 0
1, 169, 640
0. 0 0. 0 0. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 166. 04 $ 0 $ 0 $ 0
Cupertino @ $ 166. 06 $ 0
INVESTIGATIVE HOURS:
Proposed Hours 7, 200. 0 600. 0 2, 400. 0 0. 0
Proj Costs FY 2014- 2015 @ $ 159. 02 $ 1, 144, 944 $ 95, 412 $ 381, 648 $ 0
EXHIBIT A
PROPOSED COSTS
FISCAL YEAR 2014- 2015
RATES CUPERTINO
RESERVES ACTIVITY HOURS:
Proposed Hours 1, 650. 0
Proj Costs FY 2014- 2015 @ $ 48. 70
OPERATING COSTS OF WEST VALLEY SUBSTATION:
Proj Hours FY 2014- 2015
89, 863
Percentage
Proj Costs July 2014 - Oct 2014
Proj Costs Nov 2014 - Jun 2015
Total Proj Costs of Substation
SUBTOTAL COSTS:
Proj Costs FY 2014- 2015
PROJECTED SPECIAL SERVICES
LOS ALTOS UNINCORP.
HILLS SARATOGA CITIES
22. 0 340. 0 0. 0
80, 355 $ 1, 071 $ 16, 558 $ 0
45, 448 5, 464 24, 255 14, 696
50. 5748% 6. 0804%
@ $ 418, 614 yr $ 70, 571 $ 8, 484
@ $ 418, 614 yr $ 141, 142 $ 16, 969
418, 614 $ 211, 713 $ 25, 453 $ 112, 989 $ 68, 459
26. 9911% 16. 3538%
37, 663 $ 22, 820
75, 326 $ 45, 639
8, 913, 747 $ 1, 022, 843 $ 4, 500, 540 $ 2, 491, 829
Projected Hours FY 2014- 2015 1, 815. 5 0 0 0
Cupertino Traffic Sergeant 189, 351 0 0 0
Saratoga School Resource Officer 0 0 100, 000 0
SCHOOLS RESOURCE OFFICER
Proj Costs FY 2014- 2015 @ $ 136. 23 395, 721 0 0 0
1 SRO @ 85% and 1 SRO @ 75%)
TOTAL SHERIFF LAW ENFORCEMENT COSTS
Projected Costs FY 2014- 2015 $ 9, 498, 819 $ 1, 022, 843 $ 4, 600, 540 $ 2, 491, 829 CAPPED COSTS 2014- 2015
Proj Costs Capped @ 4. 6% ( CPI+ 2%) Increase $ 9, 840, 602 $ 1, 060, 170 $ 4, 753, 605 $ 0 AMOUNTS BELOW CAP OF 4. 6% ($ 341, 783) ($ 37, 327) ($ 153, 065) $ 0
Law Enforcement Contract
Exhibit B
Compensation for Services
To calculate the annual projected budget increase to this contract, the following shall apply:
ANNUAL COST OF LIVING INCREASE IN TOTAL COMPENSATION:
Total compensation refers to the amount Santa Clara County Sheriff Department provides for total compensation ( salary and benefits) at top step for a 40 -hour patrol deputy.
2. At the subsequent July 1, the new total compensation amount ( exclusive of PERS) will be divided by the total compensation effective on the prior July 1 ( exclusive of PERS), to derive a percentage change in total compensation.
The annual projected budget increase in contract costs shall be computed as follows:
Fiscal Year 2014/ 2015:
Base Year 2014/ 2015 costs = costs as shown in Exhibit A to this Agreement.
Fiscal Years 2015/ 2016 through 2024/ 2025:
Preceding Base Year Costs
X
Lesser of Percentage change in total compensation or Consumer Price Index- Urban Wage Earners and Clerical Workers ( CPI/ W) plus 2% ( For years in which compensation is increased in a multi-year contract, the annual increase to law enforcement service costs shall be limited to the average compensation increase for each year of the contract, not to exceed CPI/ W plus 2% for each individual year.)
Plus
Percentage Change ( Increase/ Decrease) in Actual County PERS Costs
TOWN OF LOS ALTOS HILLS January 20, 2022
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE LEASE OF TOWN VEHICLES FROM: Oscar D. Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Staff recommends that the Council direct staff to lease two town vehicles. As an alternative the town can direct staff to purchase the same two vehicles.
BACKGROUND:
On November 20, 2019, staff selected the Kia Niro as the best electric vehicle for the town, and council approved the purchase of this vehicle.
The 2020/21 budget includes $120,000 for vehicle replacement and EV charging stations.
One of the recommended strategies in the Town’s climate action plan to reduce GHG emissions is to encourage the use of electric Vehicles.
DISCUSSION:
Average vehicle per year is approximately 5,000 miles this is less that the recommended 10,000 miles per year on the least expensive lease.
With one less vehicle in the inventory due to costly repairs town staff is often driving their POV for town business.
As the town moves to an EV fleet maintenance requirement for vehicles is expected to be less but is recommended that all be completed at the dealership because our staff is not trained for these more complex systems. This frees up some time for our staff to work in other areas.
When comparing the cost of the lease or buying the difference is negligible if choosing to purchase the vehicle at the end of the lease. This cost is about $660.00. This option in essence become a 3-year test period, if the vehicle has no issues, we will likely choose to buy it.
The benefit of leasing is mostly in the peace of mind that a lease provides. With rapid changing technologies in the EV industry, we will be assured that there are not problems with the vehicle we chose and if there are, at the end of the lease a different vehicle can be chosen.
AGENDA ITEM #7.C
O.A.
P.P.
Town Hall Vehicles lease
January 20, 2022
Pros and Cons of Vehicle lease
Pros Cons
Lower initial investment Mileage restriction
Low monthly payments Can't build equity
Warranty protection Excess mileage cost extra
Low or no maintenance cost
Need to get a new vehicle at end
of lease
Option to buy at end of lease
Pros and Cons of buying
Pros Cons
No mileage limits Higher initial investment
No wear-and tear charges Long-term maintenance costs
Ability to sell or trade the
vehicle Depreciation
Build equity
Cost per vehicle
Cost of 3-year lease $ 20,936.00
**Purchase Price $ 42,000.00
Other factors to consider:
• Leasing will expedite the transition to an EV fleet with low investment and contributes to the goal of reducing GHG
** Purchase price
subject to change
to include rebates
and other costs
associated with
the purchase.
Town Hall Vehicles lease
January 20, 2022
• Traditionally, vehicle depreciation is very high.
• The savings from leasing can be used to build the additional EV infrastructure FISCAL IMPACT:
$120,000 for purchase of town vehicles and EV stations is included in the FY 21/22 budget Cost of Leasing: $41,872
Cost of Buying: $84,000
ALTERNATIVES FOR CITY COUNCIL:
1. Approve resolution to lease 2 vehicles.
2. Approve the purchase of 2 vehicles.
ATTACHMENTS:
1. Lease proposal
2. Purchase proposal
Town Hall Vehicles lease
January 20, 2022
RESOLUTION -
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING THE LEASE OF TOWN
VEHICLES
WHEREAS, in 2019 the town completed an analysis of EV vehicles and selected the Kia Nero as the best option for the town; and
WHEREAS, in 2019 council approved the purchase of one EV vehicle; and WHEREAS, due to low inventory EV’s are hard to find, but staff was able to obtain reservations for vehicles delivered in late January or early February.
WHEREAS, adding two more EV’s to the town fleet move us closer to achieving the goals of the town climate action plan; and
WHEREAS, leasing the vehicles will reduce the long-range maintenance cost and free staff time to keep up with the increased maintenance requirements for town paths and facilities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
The lese of two EVs for the town is hereby approved.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of January 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George K. Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
Town Hall Vehicles lease
January 20, 2022
RESOLUTION -
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING THE PURCHASE OF TOWN
VEHICLES
WHEREAS, in 2019 the town completed an analysis of EV vehicles and selected the Kia Nero as the best option for the town; and
WHEREAS, in 2019 council approved the purchase of one EV vehicle; and WHEREAS, due to low inventory EV’s are hard to find, but staff was able to obtain reservations for vehicles delivered in late January or early February.
WHEREAS, adding two more EV’s to the town fleet move us closer to achieving the goals of the town climate action plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
The purchase of two EVs for the town is hereby approved.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of January 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George K. Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 2
JPA Name Vehicle # Type Year
Schedule Replacement Year Make Model License Actual Cash Value Replacement Cost Usage PLAN Town of Los Altos Hills LAH01‐2924 Mobile Equipment 1997 2010 CASE 580L LOADER/BACKHOE JB5R85 46962 46962 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH02‐3698 Mobile Equipment 2000 2013 Kubota L3010D TW3H88 16000 16000 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH03‐0510 Light Truck 2003 2016 Toyota TUNDRA FLATBED 1157581 22865 22865 Operations and Maintenance UsePLAN Town of Los Altos Hills LAH04‐6538 Light Truck 2003 2016 Dodge Dakota 1113163 28000 0 Operations and Maintenance UsePLAN Town of Los Altos Hills LAH05‐1015 Private Passenger 2004 2017 Ford Escape Hybrid 1182593 32989 32989 Operations and Maintenance UsePLAN Town of Los Altos Hills LAH06‐7870 Private Passenger 2004 2017 Ford Escape Hybrid 1182503 32989 32989 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH07‐2777 Light Truck 2007 2020 Ford F250 4x4 Super Cab Pickup 1206755 29329 29239 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH08‐6416 Light Truck 2008 2021 Ford Ranger Pickup 1285828 17696 17696 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH09‐1404 Mobile Equipment 2009 2022 John Deree 4720 TRACTOR/LOADER/MOWER/SCRAPER XB8A75 25099 25099 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH10‐7054 Contractors Equipment 2009 2022 Carlton Chipper NA 33000 33000 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH11‐4488 Mobile Equipment 2010 2023 JOHN DEERE 310SJ BACKHOE LOADER XF6S49 94945 94945 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH12‐1494 Mobile Equipment 2010 2023 New Holland Tractor T1510 AC9B37 8000 8000 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH13‐2298 Mobile Equipment 2010 2023 Kubota B2620 TRACTOR MS7M47 47250 47250 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH14‐2011 Contractors Equipment 2011 2024 Rear Boom Base & Brush Head NA 15348 15348 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH15‐1099 Contractors Equipment 2012 2025 Ride on Roller CK7N48 32182 32182 Operations and Maintenance Use PLAN Town of Los Altos Hills LHA16‐4333 Heavy Truck 2017 2030 Dodge Ram 550 Dump Truck 1499493 75626 75626 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH17‐0073 Mobile Equipment 2018 2031 GM GOF79 Mower NA 9450 9450 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH18‐2018 Mobile Equipment 2018 2031 CXR 60 NA 26814 26814 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH19‐1614 Mobile Equipment 2018 2031 CBS T‐BB‐18 Mower NA 69674 69674 Operations and Maintenance UsePLAN Town of Los Altos Hills LAH20‐0966 Tractor 2018 2031 KUB M6‐111DTC‐+ Tractpr ED5Y57 69167 69167 Operations and Maintenance Use PLAN Town of Los Altos Hills LAH21‐3308 Private Passenger 2019 2032 Kia Niro EV 1575227 41000 41000 Administrative Use VEHICLE SCHEDULE
Supplemental No. 1AGENDA ITEM #7.CDistributed 1/18/22
TOWN OF LOS ALTOS HILLS
26379 Fremont Road
Los Altos Hills, CA 94022
Phone: (650) 941~7222
www.losaltoshllls.ca.gov
Attachment 3
LOO ALTOS HILi]
• OALIFORNIA
Vehicle and Equipment Replacement Policy
Code Sections:
Approved by City Council **'*X/2016
o3h,i/:J.o/G
There is no Municipal Code reference that stipulates requirements for vehicle and equipment replacement.
Intent:
The purpose of this policy is to establish guidelines for replacement of vehicles and equipment in the City's fleet.
The replacement program is based on estimating the useful life of vehicles and equipment with consideration of age, mileage (or hours), and usage. Those vehicles scheduled for replacement are reviewed and analyzed for condition, cost, usage, safety history, and operating performance. Some vehicles or equipment may be replaced earlier than scheduled to ensure that operational needs are met; others may be replaced later than scheduled to accommodate budget limitations taldng into consideration the vehicle's condition.
Policy:
The following serves as a general guideline for replacing vehicles and equipment based on usage, age, operating costs, and downtime. Adjustments in time or miles will be made to replacement criteria for individual units as conditions warrant:
COMP ACT/INTERMEDIATE CARS
COMPACT/STANDARD PICKUPS
TRUCKS WITH DIESEL ENGINE
TRUCKS WITH AERIAL LIFTS
13 YEARS/I 00,000 MILES
13 YEARS/100,000 MILES
13 YEARS/100,000 MILES
13 YEARS/100,000 MILES
Vehicle and Equipment Replacement Policy
Page2
BACKHOE
TRACTORS
AIR COMPRESSOR
TOWED CHIPPER
MISCELLANEOUS CONSTRUCTION
EQUIPMENT, GENERATORS AND TRAILERS
15 YEARS/5,000 HOURS
15 YEARS/5,000 HOURS
13 YEARS/5,000 HOURS
13 YEARS/5,000 HOURS
5-15 YEARS/5,000 HOURS
TOWN OF LOS ALTOS HILLS January 20, 2022
Staff Report to the City Council
SUBJECT: RESOLUTIONS TO APPROVE AND AUTHORIZE STAFF TO NEGOTIATE
A NEW FIVE-YEAR CONTRACT WITH WEST BAY SANITARY DISTRICT (WBSD) OR TO ADVERTISE THE REQUEST FOR PROPOSAL (RFP) FOR
THE SANITARY SEWER SYSTEM OPERATIONS AND MAINTENANCE
SERVICE
FROM: Oscar D. Antillon, Public Works Director
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Either adopt the attached resolution approving and authorizing staff to negotiate a five-year contract extension with WBSD for the Sanitary Sewer System Operations and Maintenance Service, or adopt the other attached resolution to direct staff to advertise the request for proposal (RFP) for the sanitary sewer system operations and maintenance service.
BACKGROUND:
On August 1, 2014, the Town of Los Altos Hills executed an agreement with West Bay Sanitary District (WBSD) for providing operation and maintenance (O&M) services for the Town’s sanitary sewer systems and overflow emergency response services. The Town has extended the agreement with WBSD three (3) times, and the current agreement will expire on July 30, 2022.
Per the Town’s Municipal Code section 2-4.04, titled Bidding Procedures, “All purchases of public projects, the cost of which is one hundred twenty-five thousand dollars ($125,000.00) or more, shall be based upon specifications theretofore approved by the City Council and submitted for formal bidding. The notice inviting bids to be purchased shall be advertised upon authority of the City Council, and such advertisement shall be published one time in a newspaper of general circulation published nearest to the City, and in addition, invitations to bid may be mailed to prospective vendors at the discretion of the City Manager.” DISCUSSION:
The Council has the option to direct staff to negotiate a multiyear extension of the current Agreement with WBSD. Since this contract involves the provision of professional services, the Town has flexibility to make a determination that price is not the only consideration for this work, and that the value of WBSD’s service (such as its expertise and historical knowledge of the Town’s sewer system and O&M services) warrants further extension of the contract rather than invite other competitive proposals. Thus, the Council may direct staff to negotiate with WBSD.
AGENDA ITEM #7.D
O.A.
P.P.
Past performance is the best way to evaluate the value of a contract and over the last seven years, the operation of the sewer system has significantly improved. WBSD developed and established an efficient and reliable O&M program for the Town, upgraded the sewer system GIS database, and established a program to identify deficiencies before they become a problem. WBSD inspection reports are a key component to develop the annual sewer CIP.
There is a legitimate concern from the Town’s Finance and Investment Committee (FIC) that there is no way to know if the Town is receiving the most competitive price. Staff believes that the potential savings of competing this contract are insignificant as compared with the staff time that is required to solicit, award, and manage the potential transition of a new contract.
However, as it has been some time since the sewer O&M services were competitively advertised, the Council can alternatively choose to direct staff to issue an RFP in order to ensure the Town is receiving competitive service, instead of negotiating with WBSD for a contract extension.
There are some risks with selecting a new contractor. There are no guarantees on the quality and reliability of a new contract due to the complexity of the Town sewer system. A new contract with a different service provider initially requires significant time to establish the new O&M program and for new contracted staff to learn the system. It also requires significant Town staff time to manage the transition to ensure seamless continuity of services. Staff time is limited with many competing priorities. If staff is directed to solicit competitive bids this would be at the expense of other Town work that that would be engaged in.
If directed to re-negotiate the current contract, Town staff can work with WBSD to negotiate the best value in the new contract extension. Once staff returns to Council with a revised contract, Council can either approve the contract, or direct staff to extend the contract for a shorter term (i.e. 6 months) so staff can re-bid the contract or consider further contract extension to WBSD.
If Council prefers a competitive bid process, staff will advertise the RFP for the Sanitary Sewer System Operations and Maintenance as follows. The RFP will be published one time in the Los Altos Town Crier and posted on the Town's website. In addition, staff will send the RFP to Builders Exchanges, covering Alameda County, Santa Clara County, Contra Costa County, the Peninsula area, and the San Francisco Bay Area. Staff will also reach out to qualified contractors via telephone calls and emails to notify them of the RFP.
FISCAL IMPACT:
No impact, this is on the sewer budget with a current contract cost of $550,000 per year.
ATTACHMENTS
1. Resolutions (one authorizing re-negotiation, the other authorizing issuance of an RFP)
RESOLUTION -
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING STAFF TO
NEGOTIATE WITH WEST BAY SANITARY DISTRICT A FIVE YEAR CONTRACT
EXTENSION FOR THE SANITARY SEWER SYSTEM OPERATIONS AND
MAINTENANCE SERVICE
WHEREAS, On August 1, 2014, the Town of Los Altos Hills executed an agreement with West Bay Sanitary District (WBSD) for providing operation and maintenance (O&M) services for the Town’s sanitary sewer systems and overflow emergency response services; and WHEREAS, the Town has extended the agreement with WBSD three (3) times, and the current agreement will expire on July 30, 2022; and
WHEREAS, over the last seven years, the operation of the sewer system has significantly improved. WBSD developed and established an efficient and reliable O&M program for the Town, upgraded the sewer system GIS database, and established a program to identify deficiencies before they become a problem. WBSD inspection reports are also a key component to develop the annual sewer CIP; and
WHEREAS, the Public Works Director recommends that the City Council authorize staff to negotiate with West Bay Sanitary District a five year extension for the Sanitary Sewer Maintenance Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
1. The Public Works Department is authorized to begin negotiations with West Bay Sanitary District for a five-year contract extension for the Sanitary Sewer Maintenance Services.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of January 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George K. Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
RESOLUTION -
A RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING STAFF TO
ADVERTISE THE REQUEST FOR PROPOSAL (RFP) FOR THE SANITARY SEWER
SYSTEM OPERATIONS AND MAINTENANCE SERVICE
WHEREAS, On August 1, 2014, the Town of Los Altos Hills executed an agreement with West Bay Sanitary District (WBSD) for providing operation and maintenance (O&M) services for the Town’s sanitary sewer systems and overflow emergency response services; and WHEREAS, the Town has extended the agreement with WBSD three (3) times, and the current agreement will expire on July 30, 2022; and
WHEREAS, to ensure the Town receives competitive services, the Public Works Director recommends that the City Council authorize staff to issue a Request for Proposals (RFP) for the Sanitary Sewer Maintenance Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
1. The Public Works Department is authorized to advertise an RFP for the Sanitary Sewer Maintenance Services.
The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 20th day of January 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
George K. Tyson, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
5044996.1
AGENDA ITEM #8.A
8. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
A. Report by the Undergrounding Subcommittee (Vice Mayor Tyson) A presentation may be posted on or before January 20, 2022.
AGENDA ITEM #8.B
8. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
B. Report by the Fire Taskforce Subcommittee (Councilmember Schmidt) There is no report for this item.
AGENDA ITEM #8.C
8. REPORTS FROM COMMITTEES, SUB-COMMITTEES, AND
COUNCILMEMBERS ON OUTSIDE AGENCIES
C. Status Reports from All Councilmembers on Subcommittee and Outside Agencies Activities
There is no presentation for this item.