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members of the individual PARTIES ( including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.
VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee ( IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District( SCVWD). The PARTY' S IC representative is usually also the PARTY' S TAC representative.
Each PARTY and the SCVWD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission.
B. Quorum, Voting and Meetings. A quorum of the IC is nine ( 9) voting members. ( Note: the City of San Jose representative counts as two ( 2) voting members toward the IC quorum.) The affirmative vote of at least eight( 8) voting members of the IC, including PARTIES collectively representing at least forty percent ( 40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. ( For purposes of calculating whether or not the forty percent( 40%) figure has been reached, the population of each PARTY shall be counted; however, no population shall be attributed to the SCVWD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two ( 2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. All IC meetings are open to the public and to all TAC members. Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission, and also makes an informational report to the TAC on the recommendations forwarded to the Commission. The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event the Chair will report the recommendation of the IC along with the dissenting opinion( s) and viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Chair may, in the Chair' s sole discretion, re-agendize the item for Resolution 43- 13 Page 11
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another IC meeting.
C. Use of Outside Contractors. The IC is responsible for selecting any consultant( s) or contractor( s) (" Outside Contractors") to perform tasks included in the Commission- approved Annual Workplan and Budget and who are to be paid from County-wide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors, including the scope( s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors.
The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor( s).
VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times throughout the year as needed.
B. Membership and Meetings. Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates. There is no maximum size for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee. A quorum is two ( 2) or more Subcommittee members.
Subcommittees may elect a Vice-Chair to serve in the Chair's absence.
Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC. Subcommittee chairs shall strive to achieve consensus among members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event the Chair will report the recommendation of the Subcommittee along with the dissenting opinion( s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative the Subcommittee Chair, in consultation with the TAC Chair, may decide to reagendize the item for discussion at another meeting.
C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems. The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcommittees shall follow the same operating procedures as the standing issue and policy subcommittees. The TAC Chair shall monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished.
VIII. TAC ADMINISTRATOR
A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan. Duties of the Administrator Resolution 43- 13 Page 12
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include but are not limited to: scheduling meetings of the TAC and all committees, subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; completing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.
B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. The IC will receive and evaluate proposal( s) and make a recommendation to the Commission on selection of an Administrator, as further described in Attachment 2.
C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division (" County IWMD"). The initial staff provided is described on Attachment 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event.the IC detemmines there is a need for a change in the Administrator in the future ( due to costs, availability of designated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed.
D. IfAdministrator is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/ IC representative whose function is to represent the PARTY' s point of view on issues, policy and fiscal matters. The PARTY' S TAC/ IC representative shall be a person who is not be involved in the work of the Administrator. This designation shall be made in writing on the PARTY' S letterhead to the Chair of the TAC. The person( s) fulfilling the duties of the Administrator shall act as staff to the TAC, TAC committees and subcommittees, and to the IC.
E. Contract With Administrator. All duties and responsibilities of the Administrator, and a list and description of all staff assigned to provide Administrator services, shall be included in a contract between the Contracting Agent and the Administrator. The contract term may befor a single year or for multiple years, at the discretion of the IC. In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator, containing all of the duties, responsibilities, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter agreement will include the Annual Workplan and costs for the Administrator' s services. The letter agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator, the first letter agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY Resolution 43- 13 Page 13
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2014/ 15. If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff person designated to represent the Contracting Agent.
F. Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placedin the Annual Workplan for the upcoming fiscal year. Beginning with preparation of the Annual Workplan and Budget for fiscal year 2014/ 15 the following schedule will apply. In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.
The Administrator shall submit the final draft of the proposed Annual Workplan. and Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget on or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February.
Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget ( for the Administrator) and the approved costs and duties ( for the Fiscal Agent and the Contracting Agent) as described in Sections VIII. E, IX D and X C. The agreements will be signed by designated representatives of the Administrator, the Fiscal-Agent and the Contracting Agent. In theevent the Administrator, the Fiscal Agent and/ or the Contracting Agent are the same PARTY, that. PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.
G. Annual Reporting and Evaluation. The Administrator shall prepare a selfevaluation/ audit report to the IC including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and, discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC.' The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback will be used by the Administrator to make any required changes in operations, procedures and/ or work tasks for the next fiscal year. In addition to the annual, review of the Administrator the IC may, at any time, Resolution 43- 13 Page 14
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discuss questions, concerns or issues of performance with the Administrator.
IX. FISCAL AGENT
A. Duties. The Fiscal Agent serves as the treasurer of the County-wide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non- disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments.
The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep County-wide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing County- wide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otherwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer County- wide Funds to the Contracting Agent as directed by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.
B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future ( due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to. serve, the following procedures for selection of a new Fiscal Agent shall be followed.
C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY. The nominated PARTY(IES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent including all employee and overhead costs and all proposed expenses. If the same PARTY is also already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified.
The IC will hold discussions with representatives of the nominated PARTY( IES) as needed. The recommendation of the IC will be forwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.
D. Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Fiscal Agent is also serving as the Administrator, the Contracting Resolution 43- 13 Page 15
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Agent, or both, the proposed costs to perform each function shall: be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the ( separate) designated employee of the PARTY serving as the Contracting Agent.
E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the. IC every three ( 3) months, and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item ( i. e. numerical reference and narrative description). The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests.
F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm ( CPA) to be conducted every other year beginning with an audit of the 2013/ 14 fiscal year.. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY' s annual audit. In such event, the results of the audit of the County- wide Funds and accounts shall be clearly and separately called out in the CPA' s audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.
G. Evaluation ofthe Fiscal Agent. Each year the Fiscal Agent shall prepare a self-evaluation, along with the Year- End Budget Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non- planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year- End Budget Report. The IC will review the report at-a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from.the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/ or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of Resolution 43- 13 Page 16
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performance with thedesignated representative of the Fiscal Agent.
X. CONTRACTING AGENT
A. Duties. The Contracting Agent executes contracts with Outside Contractors, including the Administrator and the Fiscal Agent (where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurement process for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY, any TAC member, and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its ° discretion,, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.
In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive County-wide Funds transferred to the.Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all County-wide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep County- wide Funds segregated fromall other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as County- wide. Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard 9 to return of unexpended P or unencumbered funds to the Fiscal Agent. 9 The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.
B. Initial Contracting Agent: The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future( due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.
C. Payment For Services. The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent, or both, the proposed costs to perform each function shall be separately Resolution 43- 13 Page 17
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specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs the,Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues. Upon approval of the.Annual Workplan and Budget by the IC and the Commission, the Administrator willreP P are an agreement g to be signed 9 bythe Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.
D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts ( listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount( s) of funds encumbered for contracts, and the amount( s) of funds that are unspent and unencumbered. The IC may, at any time, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests.
E. Audits. The. Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi- annual audit described in Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the. IC' may. perform an audit of the County- wide Funds received and expended by the Contracting Agent. In such event the Contracting Agent shall cooperate fully, and in a timely manner, with persons performing the audit.
F. Evaluation of the Contracting Agent. Each year the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non- planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Contracting Agent. The self- evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent.
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Xl. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC (" Legal Counsel") as provided for in the Commission- approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel ( i. e. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq but may provide such services under separate contract with any PARTY. or PARTIES.
XII.. OTHER AGREEMENTS OF THE PARTIES
A. Term ofAgreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight ( 8) or more PARTIES containing more than fifty percent ( 50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY' S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.
B. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC- sponsored ethics training every other year beginning in FY 2013/ 14.
The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted.
C. Counterparts. This Agreement may be executed and delivered in any number of copies (" counterparts") by the PARTIES, including by means of facsimile and e-mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original, and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.
D. Non- Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in. the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended Resolution 43- 13 Page 19
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Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.
E. Indemnification. In lieu of andnotwithstanding the pro rata risk allocation which might otherwise be imposed between the PARTIES pursuant to Government Code Section 895. 6, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI. Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895. 4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury ( as defined by Government Code Section 810. 8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement.
F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including but not limited.to the TAC Rules of Procedure dated May 22, 2006, but does not:supersede any other agreements between any of the PARTIES.
G. Amendments. This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendments to this Agreement to their Council or Board, as applicable, within three ( 3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015. The IC may recommend amendments on a more frequent basis if desired.
H. Venue. In the event that suit shall be brought by any PARTY to this Agreement, the PARTIES agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.
I. Attachments. Attachments 1 through 5 are attached hereto and incorporated Resolution 43- 13 Page 20
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herein by this reference.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California Date: APPROVED AS TO FORM:
By: By:
Chair, Board of Supervisors Deputy County Counsel
ATTEST:
Date:
By:
CITY OF
Date: APPROVED AS TO FORM:
By: By:
Name : Name :
Title: Title:
CITY OF
Date: APPROVED AS TO FORM:
By: By:
Name : Name :
Title: Title:
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CITY OF
Date: APPROVED AS TO FORM:
By: By:.
Name : Name :
Title: Title:
CITY OF
Date: APPROVED AS TO FORM:
By: By:
Name : Name : :
Title: Title:
CITY OF
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Date:
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Name : Name :
Title: Title:
CITY OF
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By: By:
Name : Name :
Title: Title:
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CITY OF
Date: APPROVED AS TO FORM:
By: By:
Name : Name :
Title: Title:
CITY OF
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Name : Name :
Title: Title:
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Title: Title:
CITY OF
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By: By:
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CITY OF
Date: APPROVED AS TO FORM:
By: By:
Name : Name :
Title: Title:
CITY OF
Date: APPROVED AS TO FORM:
By: By:
Name : Name :
Title: Title:
CITY OF
Date: APPROVED AS TO FORM:
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Title: Title:
CITY OF
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By: By:
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CITY OF
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ATTACHMENT 1
INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:
Staff Person FTE Committed % FTE Committed
To Administrator To County
Duties Unincorporated
Duties
Elizabeth Constantino, Program Manager II 0. 82 FTE 0. 18 FTE Provides oversight of all Annual Workplan
Tasks and all functions of the Administrator.
Lisa Rose, Senior Management_ Analyst 0. 87 FTE 0. 13 FTE Coordinates the Green Business Program,
Serves as staff to the Commission, and
performs various other duties.
Clifton Chew, Management Analyst 0. 80 FTE 0. 20 FTE
Serves as staff to the TAC, prepares state
Reporting and DRS, and performs various
other duties.
Zachary DeVine, Management Analyst 0. 67 FTE 0.33 FTE
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.
Sue Sherrin, Associate Management 0. 98 FTE 0. 02 FTE
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst 1. 0 FTE 0. 00 FTE
Home Composting Education Program
Coordinator
Joanna Chapa, Office Specialist Ill 0. 94 FTE 0.06 FTE
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ATTACHMENT 2
SELECTION PROCESS FOR THE ADMINISTRATOR
1. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate( s) shall submit a proposal to the IC for providing Administrator services.
The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as welt as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach,` legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. TheICwill review the proposal( s). and conduct interview( s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.
2. Change in Administrator Staff. In the event any member of the Administrator' s staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced.
Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC' s sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.
3. Key Employee. A. "key employee" includes, but is not limited to, any one of the following:
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a. An employee who is performing twenty percent ( 20%) or more of the work hours in the Annual Workplan.
b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/ or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/ or in work for public agencies, d. An employee whose work tasks involve a high level of interaction with the public ( e. g. in trainings, liaison with businesses or non- profit organizations, etc.).
e. An employee whose work tasks involve presentations or testimony to public agencies ( e. g. City Councils, the Board of Supervisors) and/or community organizations ( e. g. service organizations, community groups, homeowner' s associations, etc.).
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ATTACHMENT 3
ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET
1. Scope of Work. The proposed Annual Workplan and Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name( s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent FTE) and the cost therefor, as long as the position ( such as ' Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.
2. Administrative Tasks. The Workplan shall include a task for providing administrative - support for the TAC including work hours to prepare meeting agendas, to schedulemeetings, attend meetings, prepare minutes and correspondence, and carry out the
direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, i t and carryout the direction of the Commission, its Committees and Subcommittees.
3.Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee ( other than the work to be performed as Administrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross- check ( regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.
4. Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such . costs shall be clearly and separately identified for each function ( and identified separately from those of the Administrator) and shall include the costs for employee time, expenses ( such as bank fees), overhead charges and all other proposed costs.
5. Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail Resolution 43- 13 Page 30
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about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current Contracting Agent, and other potential providers of these services.
6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting.Agent if any) and the amount of such funds already encumbered for contracts in progress.
The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one- time transfer of funds, quarterly transfer of funds, or other recommended timing.)
7. Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potentialconflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent.
Examples include proposed sale of recycling containers or other goods at less than the purchase price ( i. e. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for each. If solutions cannot be found, the issue may be presented to the IC for further consideration and/orthe IC Chair maydirect the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval.
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ATTACHMENT 4
CODE OF ETHICAL CONDUCT
1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.
2. All members shall remain aware that the activities of the TAC are funded by feesraised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the publicwhen. making fiscal and policy decisions.
3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where any one of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue- being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by the TAC or by any program funded by the TAC.
d. A charity, community group or non- governmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step- children, grandchildren and step- grandchildren, as well as siblings and parents of the member and the member' s spouse.
4. A member recusing themselves shall mean ( a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and ( c) not returning to the room until after discussion and any vote on the matter is concluded.
5. Members shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counsel or legal counsel for the member' s own agency.
6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room.
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7. Members shall not engage in financial transactions using non- public information nor allow the improper use of such information to further any personal or private interest.
8. Members shall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section:
9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAC to take any type of action or to approve any contract, program or other commitment.
10. Members shall not use their membership on the TAC for private gain.
11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.
12. Members shall not seek or accept any contract to provide services to the TAC for a period of at least six (6) months after termination of their membership on the TAC.
13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.
14. AII members shall participate in a TAC- sponsored Ethics Training biennially.
15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment.
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S
TAC MEMORANDUM OF AGREEMENT
ATTACHMENT 5
PROCEDURES FOR TRANSFER OF COUNTY-WIDE FUNDS FROM FISCAL
AGENT TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES.
1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.
2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following:
A. Direct the Fiscal Agent to transfer specific amount( s) of County- wide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual, quarterly, or more frequent transfers, as needed for the fiscal year.
B. Adjust the timing and/ or the amount( s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstances change during the year, or if there are other reasons to' do so.
C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work.
3. In the event the Fiscal Agent is also serving as the Administrator, the IC shall direct the fiscal Agent to transfer funds to the Contracting Agent for payment of the Administrator.
The Contracting Agent shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the.Administrator.
4.. If a single PARTY is serving as the Fiscal Agent and the, Contracting Agent, the IC may direct that PARTY to retain a specified amount of County-wide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.
5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the Administrator, the Fiscal Agent and the Contracting Agent, as well as carrying out the dutiesofeach.
6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.
7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.
8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the Resolution 43- 13 Page 34
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TAG MEMORANDUM OF AGREEMENT
Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred.
9. At the end of the fiscal year the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the followingfiscalyear. The ContractingAgent 9 will promptly comply with the directions of the IC.
10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of such funds to the Contracting Agent andshall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures.
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TOWN OF LOS ALTOS HILLS
StaffReport to the City Council
AGENDA ITEM #4.B
September 19, 2013
SUBJECT: CONSIDER APPROVAL OF AN AGREEMENT CREATING THE
SANTA CLARA COUNTY RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE
FROM: Richard Chiu, City Engineer/Public Works Director ld..
APPROVED: Carl Cahill, City Manager e.C- .
RECOMMENDATION: That the City Council:
Adopt the attached resolution and authorize the City Manager to execute the Memorandum of Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee.
EXECUTIVE SUMMARY:
For over two decades, City staffhave participated with colleagues from other Santa Clara County cities on the County Solid Waste Technical Advisory Committee (TAC) to jointly guide countywide solid waste programs, share information, and initiate countywide policies. Throughout this time, staffservices have been provided by the County utilizing countywide planning fee revenues.
For the past two years, stafffrom several communities have been engaged in a process to better align and defme how staff support services are provided and to better identify potential conflicts ofinterest. As described below, the attached proposed agreement is the result ofthese efforts. The agreement's main purposes are:
1. To define staffroles and the process for determining how staffsupport is selected;
2. To separate out fiscal and administrative decision making in order to avoid conflicts ofinterest; and
3. To better define how nongovernmental organizations are appointed to the TAC.
The Agreement has been reviewed and discussed with resident Jay Shideler and GreenWaste Recovery staff who both have considerable knowledge on matters of recycling. Both support the concept of a regional committee to address recycling and waste reduction including demolition, construction, and drop off. GreenWaste Recovery staff has been involved with the TAC Board for many years and supports the proposed agreement. .
The attached agreement has been approved by the City Attorney's Office. Staff recommends adoption ofthe resolution.
BACKGROUND:
Countywide coordination of mandated and discretionary recycling and solid waste planning and service provision is provided by the Santa Clara County Recycling and Waste Reduction Commission (R&WRC). The R&WRC, chartered by the Board of Supervisors, is made up of elected officials representing cities or groups of cities, the County and the Santa Clara Valley Water District.
A Technical Advisory Committee (TAC) advises the Commission. The TAC is made up ofstafffrom the 15 cities and the County, plus representatives ofthe solid waste industry, recyclers, San Jose State University and environmental organizations.
Staff support for the R&WRC and the TAC is provided by the County Integrated Waste Management Division (IWM), part of the County's Department of Agriculture and Environmental Management. Funding for this work comes from a Plan Fee charged by Santa Clara County on all disposed waste originating in the county.
The IWM staff also provides recycling and waste management services for the County unincorporated area, using County-specific funding, primarily from franchise fees charged on refuse collection companies serving customers in the unincorporated area.
This study issue arose from a desire to update the decades-old structure governing the TAC and its support from IWM staff. The roles ofTAC and the IWM staff broadened as the jurisdictions implemented many new state requirements, including those of the California Integrated Waste Management Act (AB 939).
The IWM Division contracted with a consulting firm, Arroyo Associates, to study the current organizational structure and recommend alternatives. Arroyo interviewed current and former members of the Commission, TAC and IWM staff to identify the strengths and weaknesses of the current organizational structure. The consultant researched the advantages and disadvantages of organizational structures used by similar bodies elsewhere in California. In its November 5, 2010 report, Arroyo recommended that the jurisdictions select from among three options:
1. The existing organizational structure (while noting that the needed improvements would essentially require the establishment of a formal and documented Memorandum ofUnderstanding or Agreement).
2. Establishment of a Memorandum of Understanding or Agreement that would address these key components, at a minimum:
• Mission, purpose and objectives ofthe MOUIMOA
• Rights and duties of participating jurisdictions to address meeting attendance, termination ofparticipation, and other terms ofthe agreement • Timeframe, if any, ofthe MOUIMOA
• Composition ofthe management committee, as well as voting rights and terms ofmembers
2
• Management controls and self-audit procedure
• Budget monitoring and reporting requirements
• Process in the selection of consultants, individual managers and contractors, as well as the roles and responsibilities ofthe fiscal agent • Process and parameters involved in the determination, allocation and management of landfill disposal surcharges and monies collected from late fees and/or fmes
3. A Joint Powers Agreement/Authority, i.e. a separate governmental entity Arroyo recommended either Option 1 or Option 2, but noted that, "the current situation does not appear to necessarily require the establishment of a separate, independent organization through a JPA arrangement that would require more time and resources to develop and implement. Furthermore, it would likely be more difficult to obtain unanimous agreement among the jurisdictions, including the County, to form a JPA." Staff presented Arroyo's fmdings in a presentation to the R&WRC in December 2010, and on February 28, 2011, the Recycling and Waste Reduction Commission directed IWM staff to work collaboratively with the TAC members to prepare a memorandum of agreement (MOA) that addressed the issues and recommendations identified by the Arroyo study.
Throughout 2011, an ad-hoc TAC subcommittee met, and with the assistance of IWM staff defined the scope of work and outlined an MOA document that addressed governance and representation issues. The MOA outline reflected many concepts from the agreement that governs the multi-jurisdictional Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). The jurisdictions participating in SCVURPPP appear to be satisfied with how Sunnyvale performs the host agency role, which aided discussions on how the roles and duties of the Administrator, Fiscal Agent and Contracting Agent are described in the MOA.
On July 16,2012, an R&WRC committee comprised ofthree commissioners (past Chair Jamie McLeod, current Chair Jim Griffith and Commissioner Mike Wasserman) reviewed the outline, gave direction on key issues and selected from among alternatives presented by the TAC subcommittee and IWM staff With that direction, the subcommittee and IWM staff developed an MOA structure that addressed the issues and was generally acceptable to the participants.
The IWM Division then hired consultant Cerene St. John ofIt's a Natural Product, Inc., to expand the structure into the form of an MOA suitable for adoption. The R&WRC reviewed and commented on a preliminary draft in December 2012. At its February 2013 meeting, it approved the fmal document, shown in Attachment A, and directed IWM staff to distribute the MOA and a sample resolution to all 16 jurisdictions with a request that they be approved.
3
DISCUSSION:
Key provisions ofthe MOA include:
• Identifies the four key roles currently played by Santa Clara County and allows for the possibility that one or more could be played by another entity ifthe parties so desire in the future:
o Fiscal Agent
o Contracting Agent
o Administrator
o Legal Counsel
• If the County continues to play all four roles, requires clarity and disclosure on which staffer is playing which role.
• Requires an annual work plan and year-end reporting on progress. • Requires a fmancial audit every other year.
• Non-governmental organizations (NGOs) participating in the TAC are identified by category, not name.
• R&WRC determines TAC NGOs, NGOs determine their representatives. • NGOs can serve as TAC subcommittee chairs (culTently this is reserved for jurisdiction representatives).
• Separate TAC and Implementation Committee (modeled after SCVURPP Management Committee).
• Implementation Committee includes 16 jurisdictional "Parties," plus the Santa Clara Valley Water District. San Jose gets two votes, all others, one vote. • A jurisdiction that has difficulty attending meetings can appoint an Alternate (e.g.
Morgan Hill represents Gilroy).
• All 16 Parties must approve the MOA for it to take effect. • The MOA may be terminated by eight Parties that represent 50%+ of county population (i.e. San Jose plus seven others).
• An individual Party may withdraw but not withdraw Plan Fee revenue.
The MOA addresses the issues that prompted TAC members to initiate the study and results in more effective and transparent countywide coordination on recycling and solid waste issues; as well as appropriate accountability on the part of those doing the work.
While it does not provide a Joint Powers Authority, the MOA does formalize the relationships of the jurisdictions in a way that would make it easier to move to a JPA anangement, should they desire to do so in the future.
The MOA is a significant improvement over the cUtTent anangements for coordinating countywide recycling and solid waste management planning and services.
The attached agreement has been approved by the City Attorney's Office. Staff recommends approval ofthe attached resolution creating the TAC. 4
FISCAL IMPACT:
There is minimal fiscal impact associated with this recommendation. Allocation of Town stafftime will be needed to attend meetings and participate on the TAC.
ATTACHMENTS
1. Resolution
2. Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee
3. Frequently Asked Questions About the TAC Memorandum ofAgreement (MOA)
4. Changes made to MOA based on attorney comments
5
Attachment 1
RESOLUTION NO. __
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
CREATING THE SANTA CLARA COUNTY RECYCLING AND WASTE
REDUCTION TECHNICAL ADVISORY COMMITTEE
WHEREAS, the California Integrated Waste Management Act, known as "AB 939" (Public Resources Code Section 40000 et seq.) enacted in 1989 required jurisdictions to divert 50% ofwaste from disposal by 2000, and as amended by Assembly Bill 341 in 2011 now establishes a statewide goal of diverting 75% ofsolid waste by 2020; and
WHEREAS, in 1992 the Santa Clara County Board of Supervisors established the Solid Waste Commission of Santa Clara County to advise city councils and the Board of Supervisors on countywide solid waste and recycling issues, and in 2001 revised the name ofthe Commission to the "Recycling and Waste Reduction Commission of Santa Clara County" ("the Commission"); and
WHEREAS, the bylaws ofthe Commission included establishment ofthe Recycling and Waste Reduction Technical Advisory Committee ("the TAC") to provide technical advice to the Commission on solid waste management and policy, to bring together a wide spectrum ofviewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions and to assist in development ofpolicies, and programs as well as revisions to the County Solid Waste Management Plan/County Integrated Waste Management Plan; and
WHEREAS, in accordance with the AB 939 provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and collects the Countywide Solid Waste Planning Fee ("SWPF") on each ton ofsolid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the County and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County, and the revenues from the SWPF, along with grants and voluntary contributions from agencies are used to fund the work ofthe Commission and the TAC; and WHEREAS, the field ofsolid waste management and recycling has become much more complex since the TAC was originally established, and the City has found it useful and cost-effective to work jointly with other local jurisdictions through the Commission and the TAC in order to comply with the increasing number of new laws and regulations; and
WHEREAS, the responsibilities ofthe TAC have evolved over time to include recommending, implementing, monitoring, and auditing the funding for existing and new countywide programs included in the Commission-approved Annual Workplan and Budget and these enhanced duties need to be formalized by the cities and the County; and 6
"VHEREAS, in 2009 the Commission and the TAC appointed an Organizational Study Committee and an Organizational Study Subcommittee, respectively, and retained the services ofArroyo Associates to evaluate the organizational structure ofthe countywide integrated waste management system, programs, staffing and services; and WHEREAS, the Commission held a public meeting in May 2012 to discuss the recommendations ofthe Organizational Study with the TAC and members ofthe public and directed the TAC to prepare an agreement between all the agencies in Santa Clara County that are responsible for AB 939 compliance (all cities and the County) to clarify, enumerate and memorialize the expanded duties ofthe TAC and to streamline the decision-making and reporting functions ofthe TAC; and
WHEREAS, the Commission reviewed and approved the attached "Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee" and has recommended the Agreement to the County and to all ofthe cities in Santa Clara County for consideration and approval; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the approval ofthe attached agreement is categorically exempt pursuant to Section 15308; and
WHEREAS, the City Council ofthe Town ofLos Altos Hills has considered the agreement at a regularly noticed meeting held on August 15,2013; NOW, THEREFORE, the City Council ofthe Town ofLos Altos Hills does RESOLVE as follows:
1. The "Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee", attached as Attachment A hereto, is hereby approved; and the City Manager is hereby authorized and directed to execute the Agreement on behalf ofthe Town ofLos Altos Hills.
2. The Town finds that, with regard to CEQA, the approval ofthe attached agreement is categorically exempt pursuant to Section 15308.
3. Town Staffis directed to appoint a representative to serve on the TAC and to notify the Commission that the Agreement has been approved.
PASSED AND ADOPTED this _ day of , 2013.
BY:
Gary Waldeck, Mayor
ATTEST:
Deborah L. Padovan, City Clerk
2116992.1
7
AttachInent 2
AGREEMENT
CREATING THE SANTA CLARA COUNTY
RECYCLING AND WASTE REDUCTION
TECHNICAL ADVISORY COMMITTEE
THIS AGREEMENT, is made and entered into this day of
_____2013 by and between the COUNTY OF SANTA CLARA, a political subdivision of the State of California; CITY OF CAMPBELL, a municipal corporation of the State of California; CITY OF CUPERTINO, a municipal corporation of the State of California; CITY OF GILROY, a municipal corporation of the State of California, CITY OF LOS ALTOS, a municipal corporation of the State of California; TOWN OF LOS ALTOS HILLS, a municipal corporation of the State of California; TOWN OF LOS GATOS, a municipal corporation of the State of California; CITY OF MILPITAS, a municipal corporation of the State of California; CITY OF MONTE SERENO, a municipal corporation of the State of California; CITY OF MORGAN HILL, a municipal corporation of the State of California, CITY OF MOUNTAIN VIEW, a municipal corporation of the State of California; CITY OF PALO ALTO, a municipal corporation of the State of California; CITY OF SAN JOSE, a municipal corporation of the State of California; CITY OF SANTA CLARA, a chartered municipal corporation of the State of California; CITY OF SARATOGA, a municipal corporation of the State of California; and CITY OF SUNNYVALE, a municipal corporation of the State of California.
All of the above-mentioned entities are hereinafter collectively referred to as "PARTIES" or individually as "PARTY."
RECITALS:
A. In 1989 the California Legislature passed and enacted the California Integrated Waste Management Act, known as "AB 939", (Public Resources Code Section 40000 et. seq) requiring jurisdictions to divert 25% of waste from disposal by 1995 and 50% of waste from disposal by 2000. AB 939 required each County to develop and periodically update a County Integrated Waste Management Plan and to appoint an AB 939 Local Task Force.
B. Prior to 1992 the Solid Waste Committee of the Santa Clara County Intergovernmental Council advised the cities and the County on solid waste and recycling issues. The Technical Advisory Committee, also originally convened by the Intergovernmental Council, provided technical advice to the Solid Waste Committee on solid waste and recycling issues.
C. On or about February 1992, the Santa Clara County Board of Supervisors and the cities in Santa Clara County designated the Solid Waste Committee of the Intergovernmental Council as the AB 939 Task Force for Santa Clara County.
D. On February 4, 1992 the Santa Clara County Board of Supervisors replaced the Solid Waste Committee of the Intergovernmental Council with the Solid 5/6/13 1
TAG MEMORANDUM OF AGREEMENT
Waste Commission of Santa Clara County ("Commission") in order to streamline the decision-making process on solid waste and recycling issues. (Ordinance No. NS-300.495) The powers and duties of the Commission are defined in Chapter XVII, Division A6 of the County of Santa Clara Ordinance Code.
E. On December 4, 2001 the Santa Clara County Board of Supervisors approved Ordinance No. NS-300.658 changing the name of the Commission to the Recycling and Waste Reduction Commission of Santa Clara County.
F. The Commission advises city councils and the Board of Supervisors in Santa Clara County on countywide solid waste and recycling planning issues and on the County Solid Waste Management Plan/County Integrated Waste Management Plan.
G. The By-Laws of the Commission (also approved by the County Board of Supervisors on February 4, 1992) continued the existence of the Recycling and Waste Reduction Technical Advisory Committee (the "TAC"). The purpose of the TAC was to provide technical advice to the Commission on solid waste management and policy; to bring together a wide spectrum of viewpoints and expertise on countywide solid waste and recycling issues affecting individual jurisdictions; and to assist in development of policies, programs and revisions and amendments to countywide plans.
H. On an annual basis, the TAC prepares and submits an Annual Workplan and Budget for review and approval by the Commission. The Commission-approved Annual Workplan is then implemented by the TAC using funds in the Commission-approved Annual Budget.
I. In accordance with the AB 939 provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and collects the Countywide Solid Waste Planning Fee ("SWPF") on each ton of solid waste disposed at landfills located within the County, on tons taken to non-disposal facilities located within the county and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County.
The current SWPF of $0.78 per ton was established by the County Board of Supervisors on May 19, 2009. Funds from the SWPF are used to fund the activities and programs of the Commission and the TAC. In addition, funds from grants, voluntary contributions from other agencies and other revenue sources are used to fund these activities and programs. Such funds, including monies from the SWPF, are referred to herein as "County-wide Funds".
J. In 2011 Assembly Bill 341 ("AB 341") was signed into law establishing a statewide goal of diverting 75% of solid waste from disposal by 2020 and requiring The California Department of Resources, Recycling and Recovery to prepare and submit a plan to the Legislature on or before January 1, 2014 on how to achieve this goal.
K. Since the TAC was originally established, the field of solid waste management and 5/6/13 2
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recycling has become much more complex and the PARTIES must comply with an increasing number of laws and regulations. In order to achieve the statewide goal of 75% diversion, many materials currently disposed in landfills must be segregated and processed at new facilities, and channeled into useful purposes. New infrastructure, diversion systems and enhanced producer responsibility measures must be implemented in order to accomplish this goal.
L. Commensurate with changes in the breadth and complexity of the solid waste and recycling field, the work and functions of the TAC have evolved over time to encompass not only providing advice to the Commission, but also recommending, implementing and monitoring county-wide public education and diversion programs included in the Commission-approved Annual Workplan and Budget where it is costeffective for the PARTIES to jointly provide such programs.
M. The TAC requires expanded powers and authority to monitor ongoing staffing support for programs in the Commission-approved Annual Workplan as well as the power and authority to recommend, monitor and audit the funding for these programs, at the levels contained in the Commission-approved Annual Budget.
N. In order to address these issues the Commission appointed the Ad Hoc Committee for TAC Organizational Study and the TAC appointed the TAC Ad Hoc Organizational Study Subcommittee. Pursuant to recommendations from these Committees, the County retained Arroyo Associates in 2010 to conduct an independent Organizational Study. The study evaluated the countywide integrated waste management programs and services and provided operational and organizational recommendations to enhance the efficiency and effectiveness of the countywide solid waste management system. The Commission's Ad Hoc Committee held a meeting on May 29, 2012 with representatives of the TAC and the public to discuss the recommendations of the Organizational Study and options for restructuring the operating parameters of the TAC.
O. The purpose of this Agreement is to implement the recommendations of the Commission's Ad Hoc Committee and the TAC Ad Hoc Subcommittee to revise the functions, powers, membership, structure and duties of the TAC to make these consistent with the manner in which the TAC currently functions; and to simplify the reporting relationship between the Commission and the TAC. Such changes are desired by the PARTIES in order to facilitate county-wide and regional approaches for meeting the statewide goal of 75% diversion articulated in AB 341; remaining in compliance with the existing requirements of AB 939, SB 1016 and all other state and federal laws and regulations, and planning for the goal of zero waste in the future.
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
I. PURPOSES AND FUNDING
The Santa Clara County Recycling and Waste Reduction Technical Advisory 5/6/13 3
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Committee (UTAC") is hereby established to replace the Recycling and Waste Reduction Technical Advisory Committee referred to in Article V of the Commission Bylaws dated October 2001.
A. Purposes. The purposes of the TAC are:
1. To implement the Commission-approved Annual Workplan and Budget;
2. To advise the Commission and the decision-making bodies of all PARTIES on technical and policy issues related to solid waste management and recycling including plans to achieve the statewide AB 341 goal of 75% diversion by 2020 and plans for working toward the goal of zero waste;
3. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management, issues affecting individual communities, and solid waste and recycling issues affecting public environmental health;
4. To assist in development of policies, programs and revisions and amendments to countywide plans that can meet countywide needs and thus receive countywide approval;
5. To provide a forum for exchange of solid waste, recycling, composting and other diversion information;
6. To inform the PARTIES' respective agencies and jurisdictions about issues and recommendations of the Commission, and perform follow-up actions, as necessary;
7. To recommend Commission approval of countywide programs to maximize the effectiveness of local funds spent for public education and recycling programs, and to implement and monitor such programs.
8. To assist with future master planning for facilities and infrastructure, as requested by the Commission.
9. To perform technical and policy review and make technical and policy recommendations to the Commission and technical recommendations to the PARTIES concerning best practices in solid and hazardous waste management; recycling, composting, diversion programs, source reduction; litter reduction on land; reduction of litter that originates from the storage, collection, transportation, and processing of solid waste, recyclable materials and organic materials that affects water quality in local creeks, San Francisco Bay, and oceans; and 'cradle to cradle' extended producer responsibility for products and packaging from creation through use and ultimate recycling or other disposition, with regard to:
a. The feasibility of technical proposals;
b. Analysis of issues and problems in solid waste management; c. Proposed and/or needed national and state legislation and policies; d. New infrastructure required to achieve countywide goals, and; e. Financing and management options for creation of such infrastructure.
10. To perform other duties as directed by the Commission.
B. Funding. The TAC is funded by the Solid Waste Planning Fee ("SWPF") that is charged to customers by the operators of all disposal and non-disposal facilities located within the County of Santa Clara, and remitted, by those facility operators, to the County of Santa Clara. The SWPF is also charged on tons of solid waste that are hauled directly to out-of-county disposal facilities. The amount of the SWPF is 5/6/13 4
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established by the Board of Supervisors based upon input and recommendations from the Commission and the TAC Implementation Committee. Additional revenues come from grants, voluntary contributions of other agencies and other sources. These, together with the SWPF funds constitute the County-wide Funds used to fund the Commission-approved Annual Workplan and Budget.
II. COMPOSITION
A. Voting members, not to exceed 27 in number, shall include:
1. One (1) staff person from each City or Town that is a PARTY
2. Three (3) staff persons from the County as follows:
a. One (1) to represent the Unincorporated Area
b. One (1) to represent County interests related to environmental health c. One (1) to represent County interests related to integrated waste management
3. One (1) staff person from the Santa Clara Valley Water District
4. Up to eight (8) persons from non-governmental organizations appointed by the Commission as follows:
a. No more than three (3) representing for-profit industry groups and/or business organizations (however no member shall represent a single forprofit company) b. No more than four (4) representatives of non-profit groups that advocate for source reduction, recycling programs, sustainability, and/or producer responsibility
c. No more than two (2) representatives of institutions of higher learning located within Santa Clara County
B. Appointment ofMembers. All members representing a public agency shall be re-designated annually via a letter on agency letterhead addressed to the TAC Administrator ("Administrator"). The Commission will accept requests and nominations for non-governmental organizations to serve on the TAC. The Administrator will publish a notice in a daily local newspaper of general circulation to a minimum of two-hundred fifty thousand (250,000) people in September of every other year announcing that nominations and requests to serve are being accepted. The Administrator will take other reasonable and cost-effective measures to distribute the announcement via other media, including but not limited to, web sites, local publications and social media, to reach persons who might not see the notice in a daily newspaper. The Commission will select the non-governmental organizations to be represented on the TAC. Those organizations will, in turn, submit a letter to the Administrator designating a member and an alternate. Members representing nongovernmental organizations shall serve for a period of two (2) years beginning in January. At the end of that time the Commission shall select the non-governmental organizations to be represented on the TAC for the new two (2) year term. The initial group of non-governmental organization representatives will be selected by the Commission on or before December 31 , 2013 and will begin serving their terms on January 1, 2014. The Administrator will publish a notice in the newspaper, and distribute the notice via other suitable media, in September 2013 announcing that the 5/6/13 5
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Commission will consider nominations and applications for non-governmental organizations to be represented on the TAC.
C. Alternates. Each PARTY may designate one or more alternate representative(s) to serve in the absence of the regular member. The alternate(s) will be designated in writing as described in Section II B. Alternates may serve on TAC committees, subcommittees, and ad hoc subcommittees.
D. Vacancies. Each PARTY is responsible for designating a replacement for its member if the member can no longer serve. In the event of a vacancy, the Chair shall, by letter, request that the PARTY designate a new member. If a vacancy occurs with regard to a representative of a non-governmental organization, the Administrator shall notify the non-governmental organization to designate a new member. In the event the non-governmental organization declines, the TAC shall notify the Commission and request that a new non-governmental organization be selected to fill the remainder of the term created by the vacancy.
E. Attendance. Attendance at meetings is vital to the proper and effective functioning of the TAC. Three (3) consecutive absences or a member missing over fifty percent (50%) of the TAC meetings in a calendar year are sufficient grounds for the Administrator to notify the member and request their attendance. Should a PARTY be unable to send its representative to meetings for an extended period of time, the PARTY shall notify the Chair in writing on letterhead and a replacement representative will not be requested from that PARTY.
III. QUORUM AND VOTING
A. Quorum. A quorum consists of thirteen (13) voting members physically present at a meeting.
B. Voting. Actions of the TAC shall be taken by a majority vote of the members present at the meeting. Each member has one vote. (See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC.)
C. Attendance From A Remote Location. In the event of an unavoidable schedule conflict, a member may participate in a meeting from a remote location via telephone or video-conference provided that all requirements of the Brown Act (Government Code Section 54950, et seq.) are met and further provided that the scheduled meeting room has the technical capability to accommodate the request. In such event the member will notify the Administrator at least ten (10) days in advance of the meeting and ask to attend from a remote location. The Administrator will advise the member if this is possible. If so, the Administrator will comply with all Brown Act requirements including stating the alternate location in the meeting notice. The member shall also comply with all Brown Act requirements in Government Code Section 54953 (b), including, but not limited to, posting a meeting notice and agenda on the door of the remote location for the duration of the meeting, and allowing 5/6/13 6
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members of the public to participate in the meeting from the remote location along with the member. The member's vote will be counted; however, the member will not be included in the count to determine a quorum. Attendance from a remote location is to be used only in rare cases of unavoidable schedule conflicts. In-person attendance and participation at meetings is strongly preferred and encouraged.
D. Bylaws. The TAC may, as necessary, recommend adoption of Bylaws for its governance to the Commission for approval, and operate according to Bylaws approved by the Commission. In the event revisions to Commission-approved Bylaws are desired, the TAC may recommend such revisions to the Commission.
IV. OFFICERS AND THEIR RESPONSIBILITIES
A. Officer Positions. The officers of the TAC shall be the Chair, Vice Chair, and the Subcommittee Chairs. The Chair and Vice Chair of the TAC must be voting members or alternates representing a PARTY.
B. Election and Term. Each officer shall be elected by majority vote of a quorum of the voting membership at the last meeting of each calendar year or as soon thereafter as possible. All officer's terms begin with the first meeting of each calendar year.
C. Duties. The Chair of the TAC shall be responsible for chairing all meetings of the TAC and the Implementation Committee (lC), and representing the TAC and the IC at Commission meetings. The Chair shall approve the draft agendas for TAC and IC meetings, except that any agenda item proposed by two (2) or more voting members must be placed on the next available agenda. The Vice Chair shall serve as the Chair in the Chair's absence. The Chairs of the Subcommittees shall be responsible for calling meetings of their respective Subcommittees and chairing those meetings. The Subcommittee Chairs shall approve the draft agendas for their respective Subcommittees except that any items proposed by two (2) or more voting members of a Subcommittee shall be placed on the next available Subcommittee agenda.
V. MEETINGS
A. Meetings. The TAC shall meet monthly at the time and place published on the agendas. Additional meetings may be called as needed. The Chair shall provide every member of the TAC with seventy-two (72) hours written notice of regular and additional TAC meetings. The agenda for each meeting shall be developed by the Administrator in consultation with the TAC Chair, and shall be approved by the Chair.
B. Conduct ofMeetings. All meetings of the TAC, including all Committees, Subcommittees, Ad Hoc Committees and Subcommittees and any closed sessions with legal counsel, shall be properly noticed and conducted in accordance with the "Brown Act" (Government Code Section 54950 et seq.) Except for official meetings of the TAC and its Committees, Subcommittees and Ad Hoc Committees and Subcommittees, nothing herein shall be interpreted to require meetings between staff 5/6/13 7
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members of the individual PARTIES (including designated representatives of the PARTIES) to be subject to the Brown Act, where the Brown Act would not otherwise apply. Each PARTY is individually responsible for ensuring it complies with the Brown Act. Wherever this Agreement is silent with regard to procedure, Robert's Rules of Order shall apply.
VI. IMPLEMENTATION COMMITTEE
A. Composition and Duties. The TAC Implementation Committee (IC) is comprised of one voting member from each PARTY to this Agreement plus one voting member from the Santa Clara Valley Water District (SCVWD). The PARTY'S IC representative is usually also the PARTY'S TAC representative.
Each PARTY and the SCVWD may also designate an alternate. The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC. The IC selects, monitors and provides oversight of the Administrator, the Fiscal Agent, the Contracting Agent, and legal counsel to the TAC. The IC recommends the level and setting of the SWPF to the Commission.
B. Quorum, Voting and Meetings. A quorum of the IC is nine (9) voting members. (Note: the City of San Jose representative counts as two (2) voting members toward the IC quorum.) The affirmative vote of at least eight (8) voting members of the IC, including PARTIES collectively representing at least forty percent (40%) of the population of the incorporated and unincorporated areas of the County of Santa Clara, is necessary to approve any measure brought before the IC. (For purposes of calculating whether or not the forty percent (40%) figure has been reached, the population of each PARTY shall be counted; however, no population shall be attributed to the SCVWD due to the fact that it encompasses such a large percentage of the population of the entire incorporated and unincorporated County.) Each member of the IC shall have one vote, with the exception of the City of San Jose which shall have two (2) votes. The IC shall meet at least annually to consider and recommend approval of the Annual Workplan and Budget to the Commission for the upcoming fiscal year. The Chair may call other meetings of the IC as needed. AIIIC meetings are open to the public and to all TAC members. Participation and discussion by all TAC members and by members of the public is encouraged. The Chair of the IC forwards all recommendations made by the IC directly to the Commission, and also makes an informational report to the TAC on the recommendations forwarded to the Commission. The Chair shall strive to achieve consensus among IC members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event the Chair will report the recommendation of the IC along with the dissenting opinion(s) and viewpoints, to the Commission and to the TAC. In the event of a tie, the Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative, the Chair may, in the Chair's sole discretion, re-agendize the item for 5/6/13 8
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another IC meeting.
C. Use of Outside Contractors. The IC is responsible for selecting any consultant(s) or contractor(s) ("Outside Contractors") to perform tasks included in the Commission-approved Annual Workplan and Budget and who are to be paid from County-wide Funds, using a process created in consultation with the Contracting Agent. The IC is responsible for reviewing and approving the parameters of any contracts with Outside Contractors, including the scope(s) of work, schedules of performance, use of subcontractors, and compensation for such Outside Contractors.
The IC then directs the Contracting Agent to conduct the procurement process for Outside Contractors and to execute contracts with the selected Outside Contractor(s).
VII. TAC SUBCOMMITTEES
A. Issue and Policy Subcommittees. Issue and policy subcommittees shall be established as needed by the TAC. The TAC will evaluate and establish standing Subcommittees in December of each year. Additional Subcommittees may be established at other times throughout the year as needed.
B. Membership and Meetings. Membership on all issue and policy Subcommittees is open to all TAC voting members and designated alternates. There is no maximum size for each Subcommittee. The TAC shall appoint a Chair for each Subcommittee. A quorum is two (2) or more Subcommittee members.
Subcommittees may elect a Vice-Chair to serve in the Chair's absence.
Subcommittee chairs shall be responsible for calling and chairing meetings. The Subcommittee chairs shall approve the draft agenda and report the activities and recommendations of the Subcommittee to the TAC. Subcommittee chairs shall strive to achieve consensus among members. Consensus is defined as general agreement in sentiment or belief. If clear consensus cannot be reached, the Chair will call for a vote of the voting members present. In such event the Chair will report the recommendation of the Subcommittee along with the dissenting opinion(s) and viewpoints, to the TAC. In the event of a tie, the Subcommittee Chair will report that outcome and the viewpoint(s) expressed that led to that outcome. In the alternative the Subcommittee Chair, in consultation with the TAC Chair, may decide to reagendize the item for discussion at another meeting.
C. Ad Hoc Subcommittees. The TAC may establish Ad Hoc Subcommittees as needed to address specific issues or problems. The TAC shall appoint a Chair for each Ad Hoc Subcommittee. All Ad Hoc Subcommittees shall follow the same operating procedures as the standing issue and policy subcommittees. The TAC Chair shall monitor the work of all Ad Hoc Subcommittees, and all such Subcommittees shall be promptly disbanded by the TAC once their tasks have been accomplished.
VIII. TAC ADMINISTRATOR
A. Duties. The TAC Administrator provides administration and management services to the TAC and carries out the Annual Workplan. Duties of the Administrator 5/6/13 9
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include but are not limited to: scheduling meetings of the TAC and all committees, subcommittees, and ad hoc subcommittees; preparing agendas and meeting minutes; maintaining all TAC records and files; notifying the TAC of correspondence received and preparing outgoing correspondence; completing all tasks in the Annual Workplan; providing monthly reports at TAC meetings on the status of the Workplan; and other duties as directed by the IC. The Administrator reports to the Chair of the TAC. The Administrator shall work cooperatively and collaboratively with the IC, the Fiscal Agent and the Contracting Agent. The Administrator is paid from funds in the adopted TAC budget.
B. Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. ThelC will receive and evaluate proposal(s) and make a recommendation to the Commission on selection of an Administrator, as further described in Attachment 2.
C. Initial Administrator. The initial Administrator for the TAC shall be the County of Santa Clara, Integrated Waste Management Division ("County IWMD"). The initial staff provided is described on Attachment 1. In the event of a change in the initial staff, the procedures described in Attachment 2 shall be followed. In the event the IC determines there is a need for a change in the Administrator in the future (due to costs, availability of designated employees or for other reasons), or in the event the County IWMD is unable or unwilling to serve, the procedures for selection of a new Administrator in Attachment 2 shall be followed.
D. IfAdministrator Is Also A PARTY. In the event the Administrator is a PARTY, that PARTY shall appoint a TAC/IC representative whose function is to represent the PARTY's point of view on issues, policy and fiscal matters. The PARTY'S TAC/IC representative shall be a person who is not be involved in the work of the Administrator. This designation shall be made in writing on the PARTY'S letterhead to the Chair of the TAC. The person(s) fulfilling the duties of the Administrator shall act as staff to the TAC, TAC committees and subcommittees, and to the IC.
E. Contract With Administrator. All duties and responsibilities of the Administrator, and a list and description of all staff assigned to provide Administrator services, shall be included in a contract between the Contracting Agent and the Administrator. The contract term may be for a single year or for multiple years, at the discretion of the IC. In the event that the Administrator is a PARTY, a letter agreement will be prepared between the Contracting Agent and the Administrator, containing all of the duties, responsibilities, staffing commitments and costs for the Administrator to serve for the upcoming fiscal year. The letter agreement will include the Annual Workplan and costs for the Administrator's services. The letter agreement shall state that the Administrator agrees to provide the described services at the approved costs for the upcoming fiscal year and that all employee and overhead costs will be maintained at the levels specified in the agreement for that fiscal year. With regard to the initial Administrator, the first letter agreement shall be prepared and executed prior to July 1, 2014 to reflect the costs and the scope of work to be performed for FY 5/6/13 10
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2014/15. If the Administrator and the Contracting Agent are the same PARTY, the letter agreement will be prepared and signed by a staff person designated to represent the Administrator and also signed by a separate staff person designated to represent the Contracting Agent.
F. Annual Workplan and Budget. As the work of the TAC progresses each year, the Administrator will maintain a list of potential work items to be placed in the Annual Workplan for the upcoming fiscal year. Beginning with preparation of the Annual Workplan and Budget for fiscal year 2014/15 the following schedule will apply. In November of each year, the IC will review the list of potential work items compiled by the Administrator, add additional items as needed, and direct the Administrator to prepare a proposed Workplan and Budget for the upcoming fiscal year. The proposed Annual Workplan will contain the elements described in Attachment 3.
The Administrator shall submit the final draft of the proposed Annual Workplan and Budget to the IC no later than December 15 of each year. If required, the IC will provide revisions and comments to the Administrator who will then revise and finalize the Annual Workplan and Budget. The IC will approve the Annual Workplan and Budget on or before January 31 of each year and forward it to the Commission for approval. Commission approval is anticipated to be during the month of February.
Upon approval by the Commission, the Contracting Agent will prepare agreements with the Administrator, the Fiscal Agent and the Contracting Agent that include the approved Annual Workplan and Budget (for the Administrator) and the approved costs and duties (for the Fiscal Agent and the Contracting Agent) as described in Sections VIII E, IX D and X C. The agreements will be signed by designated representatives of the Administrator, the Fiscal Agent and the Contracting Agent. In the event the Administrator, the Fiscal Agent and/or the Contracting Agent are the same PARTY, that PARTY shall designate separate representatives to execute the agreements on behalf of the Administrator, the Fiscal Agent and the Contracting Agent. Said agreements shall be fully executed and in place prior to July 1 of each year.
G. Annual Reporting and Evaluation. The Administrator shall prepare a selfevaluation/audit report to the Ie including significant accomplishments, work items planned but not accomplished, work items not planned but completed, and the status of all work items in the Annual Workplan. The report will include recommendations and suggestions for improving the work of the Administrator and will be submitted on or before September 15 each year. The IC will consider the report at a regular meeting and discuss and provide recommendations and feedback to the Administrator. The IC will rate the overall implementation and effectiveness of the Workplan and, in turn, rate the performance of the Administrator based upon the ability of the Administrator to meet the timelines and budget in the Workplan and to effectively support the Commission and the TAC. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Administrator. This feedback will be used by the Administrator to make any required changes in operations, procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Administrator the IC may, at any time, 5/6/13 11
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discuss questions, concerns or issues of performance with the Administrator.
IX. FISCAL AGENT
A. Duties. The Fiscal Agent serves as the treasurer of the County-wide Funds and is responsible for collecting the SWPF from all solid waste disposal facilities and non-disposal facilities located within Santa Clara County. The Fiscal Agent also collects and receives grant funds and revenues from other sources. The Fiscal Agent shall diligently pursue collection of all SWPF funds and shall keep the IC apprised of the amount and entity owing delinquent payments, as well as of the status of collection activity initiated by the Fiscal Agent regarding the delinquent payments.
The Fiscal Agent shall manage all funds in accordance with generally accepted government accounting procedures. The Fiscal Agent shall keep County-wide Funds segregated from all other funds administered by the Fiscal Agent in separately numbered and coded accounts that are readily identifiable as those containing County-wide Funds; shall credit appropriate interest income earned on such funds in each fiscal year; and shall not expend, use or transfer any funds except in accordance with the Annual Workplan and Budget approved by the IC and the Commission, or as otherwise directed by the IC. In the event the Fiscal Agent is not also the Contracting Agent, the Fiscal Agent shall transfer County-wide Funds to the Contracting Agent as directed by the IC, in accordance with the procedures in Attachment 5. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.
B. Initial Fiscal Agent. The initial Fiscal Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Fiscal Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the following procedures for selection of a new Fiscal Agent shall be followed.
C. Selection. Any PARTY willing to serve as the Fiscal Agent may be nominated by another PARTY. The nominated PARTY(lES) will submit a letter proposal to the IC containing the costs for performing the services of the Fiscal Agent including all employee and overhead costs and all proposed expenses. If the same PARTY is also already serving, or is proposing to serve, as the Administrator, the Contracting Agent, or both, the proposed costs to perform each function shall be separately specified.
The IC will hold discussions with representatives of the nominated PARTY(IES) as needed. The recommendation of the IC will be forwarded to the Commission for approval. Upon receipt of Commission approval, the Contracting Agent will execute an agreement with the new Fiscal Agent that includes the approved costs for the PARTY to provide Fiscal Agent services for the upcoming fiscal year.
D. Payment For Services. The Fiscal Agent shall provide the Administrator with proposed costs to perform the duties of TAC Fiscal Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Fiscal Agent is also serving as the Administrator, the Contracting 5/6/13 12
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Agent, or both, the proposed costs to perform each function shall be separately specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs the Chair of the IC and the Administrator will meet with the Fiscal Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Contracting Agent will prepare an agreement to be signed by the Fiscal Agent and the Contracting Agent to perform services for the new fiscal year. In the event that the Contracting Agent and the Fiscal Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Fiscal Agent and the (separate) designated employee of the PARTY serving as the Contracting Agent.
E. Quarterly and Annual Budget Status. The Fiscal Agent shall prepare and submit quarterly budget updates to the IC every three (3) months, and shall provide a Year-End Budget Report. These reports shall be formatted in a clear and concise manner such that all expenditures, revenues, movement of monies, reallocation of funds and adjustments to the budget are detailed by project and line item (Le. numerical reference and narrative description). The Year-End Budget Report shall be submitted to the IC on or before October 31 each year. The IC may, at any time, request additional budget information, detail, documentation and updates. The Fiscal Agent shall respond promptly to all such requests.
F. Biennial Audit. The Fiscal Agent shall arrange for an audit by an independent third party Certified Public Accounting Firm (CPA) to be conducted every other year beginning with an audit of the 2013/14 fiscal year. The Fiscal Agent may utilize the CPA firm retained by the jurisdiction of which the Fiscal Agent is a part, to perform that PARTY's annual audit. In such event, the results of the audit of the County-wide Funds and accounts shall be clearly and separately called out in the CPA's audit report. The results of the audit shall be reported to the IC on or before January 15 every other year.
G. Evaluation of the Fiscal Agent. Each year the Fiscal Agent shall prepare a self-evaluation, along with the Year-End Budget Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Fiscal Agent. The self-evaluation shall be submitted at the same time as the Year-End Budget Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Fiscal Agent based upon the ability of the Fiscal Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Fiscal Agent. This feedback will be used by the Fiscal Agent to make any required changes in operations and procedures and/or work tasks for the next fiscal year. In addition to the annual review of the Fiscal Agent, the IC may, at any time, discuss questions, concerns or issues of 5/6/13 13
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performance with the designated representative of the Fiscal Agent.
X. CONTRACTING AGENT
A. Duties. The Contracting Agent executes contracts with Outside Contractors, including the Administrator and the Fiscal Agent (where applicable) that have been requested and approved by the IC. The Contracting Agent consults with the IC to establish a procurementprocess for Outside Contractors, and then conducts that process once the IC has approved a scope of work, schedule, budget and other parameters of the contract that will be awarded by the Contracting Agent. The Contracting Agent shall conduct the procurement process and execute all contracts within a reasonable period of time after being directed to do so by the IC. The Contracting Agent shall provide a copy of any contract executed on behalf of the TAC to any PARTY, any TAC member, and to any PARTY or person designated by any PARTY or the IC upon request. The governing body of the Contracting Agent, at its discretion, may delegate authority to execute agreements and contracts approved by the IC to a designated employee. Notice of any such delegation of authority shall be provided in writing to the Chair of the IC and to the Administrator.
In the event the Contracting Agent is not also the Fiscal Agent, the Contracting Agent shall receive County-wide Funds transferred to the Contracting Agent by the Fiscal Agent on a periodic basis as described in Attachment 5. The Contracting Agent shall manage all County-wide Funds in accordance with generally accepted government accounting procedures. The Contracting Agent shall keep County-wide Funds segregated from all other funds administered by the Contracting Agent in separately numbered and coded accounts that are readily identifiable as County-wide Funds, and shall not expend, use or transfer any funds except as specifically directed by the IC. At the close of the fiscal year, the Contracting Agent shall, pursuant to the procedures in Attachment 5, comply with all directions from the IC with regard to retention of funds for contracts with Outside Contractors that are still in effect, and with regard to return of unexpended or unencumbered funds to the Fiscal Agent. The Fiscal Agent shall work cooperatively and collaboratively with the IC, the Administrator, and the Contracting Agent.
B. Initial Contracting Agent. The initial Contracting Agent shall be the County of Santa Clara. The specific contact person shall be designated in writing to the Administrator and to the TAC Chair. In the event the IC determines there is a need for a change in the Contracting Agent in the future (due to costs, lack of availability of designated employees or for other reasons), or in the event the County is unable or unwilling to serve, the procedures for selection of a new Contracting Agent shall be the same as those for selection of a Fiscal Agent as described in Section IX C.
C. Payment For Services. The Contracting Agent shall provide the Administrator with proposed costs to perform the duties of TAC Contracting Agent for the upcoming fiscal year upon request. The proposed costs shall be at the level of detail described in Attachment 2. If the Contracting Agent is also serving as the Administrator, the Fiscal Agent, or both, the proposed costs to perform each function shall be separately 5/6/13 14
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specified. The proposed costs will be reviewed by the IC as part of review of the Annual Workplan and Budget. If there is a question or concern about the proposed costs the Chair of the IC and the Administrator will meet with the Contracting Agent concerning the issues. Upon approval of the Annual Workplan and Budget by the IC and the Commission, the Administrator will prepare an agreement to be signed by the Contracting Agent and the Administrator to perform services for the new fiscal year. In the event that the Administrator and the Contracting Agent are the same PARTY, the agreement shall be signed by the designated employee of the PARTY serving as the Contracting Agent and the (separate) designated employee of the PARTY serving as the Administrator.
D. Annual Contract Status Report. The Contracting Agent shall prepare and submit an annual report to the IC on the status of all contracts (listing all contracts in progress, expired, terminated, and the amount of work and budget remaining in each) on or before October 31 each year. The report shall also note the amount of Countywide Funds held by the Contracting Agent, and specify the amount(s) of funds encumbered for contracts, and the amount(s) of funds that are unspent and unencumbered. The IC may, at any time, request additional information, detail, documentation and updates on any or all contracts. The Contracting Agent shall respond promptly to all such requests.
E. Audits. The Contracting Agent shall cooperate with and provide all information and documentation required in order to complete the bi-annual audit described in Section IX F. In the event the IC decides that any actions or activities of the Contracting Agent are not in compliance with this Agreement, or if the IC determines there are other reasons for an audit to be performed, the IC may perform an audit of the County-wide Funds received and expended by the Contracting Agent. In such event the Contracting Agent shall cooperate fully, and in a timely manner, with persons performing the audit.
F. Evaluation of the Contracting Agent. Each year the Contracting Agent shall prepare a self-evaluation, along with the Annual Contract Status Report, for submittal to the IC. The self-evaluation will include a description of key work tasks performed, any duties or tasks not completed, and any non-planned work tasks completed. The report will include recommendations and suggestions for improving the services of the Contracting Agent. The self-evaluation shall be submitted at the same time as the Annual Contract Status Report. The IC will review the report at a regular meeting and discuss any suggested or needed changes or improvements. The IC will rate the overall performance of the Contracting Agent based upon the ability of the Contracting Agent to perform its duties in a timely manner and in accordance with all requirements of this Agreement. The final recommendations and feedback of the IC will be recorded in the minutes and also in a letter from the IC Chair to the Contracting Agent. This feedback will be used by the Contracting Agent to make any required changes in operations and procedures for the next fiscal year. In addition to the annual review of the Contracting Agent, the IC may, at any time, discuss questions, concerns or issues of performance with the designated representative of the Contracting Agent. 5/6/13 15
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XI. LEGAL COUNSEL
A. Selection. The IC may select an attorney or firm that is experienced in solid waste, recycling and municipal law to research legal issues, proposed legislation, and to provide legal advice to the TAC ("Legal Counsel") as provided for in the Commission-approved Annual Workplan and Budget. Legal Counsel may be a City Attorney or County Counsel (Le. an employee of one of the PARTIES) or may be an outside attorney or law firm. The IC will interview and select Legal Counsel as needed, and direct the Contracting Agent to prepare a contract with Legal Counsel for the provision of legal services. The IC shall direct the work of Legal Counsel. The Administrator may assist in coordination of activities with Legal Counsel, but shall not give direction without prior authorization from the IC. Legal Counsel shall not be responsible for providing legal advice to individual PARTIES related to their individual compliance with Public Resources Code Section 40000 et. seq but may provide such services under separate contract with any PARTY or PARTIES.
XII. OTHER AGREEMENTS OF THE PARTIES
A. Term ofAgreement. The term of this Agreement shall commence on the date the last duly authorized representative of the PARTIES executes it. This Agreement shall remain in effect until terminated by the PARTIES or until eight (8) or more PARTIES containing more than fifty percent (50%) of the population of the incorporated and unincorporated areas of County of Santa Clara withdraw from the Agreement, whichever occurs first. A PARTY may withdraw from the Agreement by providing written notice to the Administrator, stating the effective date of the PARTY'S withdrawal. The withdrawal of a PARTY shall not entitle that PARTY to receive or retain any portion of the SWPF.
B. Ethical Code of Conduct. All TAC members and Alternates shall adhere to the Ethical Code of Conduct in Attachment 4. All TAC members and Alternates shall attend a TAC-sponsored ethics training every other year beginning in FY 2013/14.
The Administrator shall arrange for this training and include the cost in the Annual Workplan and Budget for each year the training is required to be conducted.
C. Counterparts. This Agreement may be executed and delivered in any number of copies ("counterparts") by the PARTIES, including by means of facsimile and e-mail of PDF copies. When each PARTY has signed and delivered at least one counterpart to the Administrator, each counterpart shall be deemed an original, and taken together, shall constitute one and the same Agreement, which shall be binding and effective as to the PARTIES hereto.
D. Non-Compliance With State and Federal Laws. No PARTY shall, by entering into this Agreement, participating in the TAC or the IC, or agreeing to serve as Administrator, Fiscal Agent, Contracting Agent, and/or Legal Counsel, assume or be deemed to assume responsibility for any other PARTY in complying with the requirements of state and federal solid waste and recycling laws, including but not limited to, the California Integrated Waste Management Act of 1989 as amended 5/6/13 16
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(Public Resources Code Section 400000 et seq). This Agreement is intended solely for the convenience and benefit of the PARTIES hereto and shall not be deemed for the benefit of any third party and may not be enforced by any third party, including, but not limited to, the United States Environmental Protection Agency and the California Department of Resources, Recycling and Recovery, or any person acting on their behalf or in their stead.
E. Indemnification. 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, the PARTIES agree that all losses or liabilities incurred by a PARTY, or by the Santa Clara Valley Water District in carrying out its duties under Section VI. Implementation Committee shall not be shared pro rata, but instead the PARTIES agree that pursuant to Government Code Section 895.4, each of the PARTIES hereto shall fully defend, indemnify and hold harmless each of the other PARTIES, and the Santa Clara Valley Water District in the carrying out of its duties under Section VI. Implementation Committee, from any claim, expense or cost, damage or liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of the negligent acts or omissions or willful misconduct of the indemnifying PARTY, its officers agents or employees, or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement. No PARTY, nor any officer, board member, employee or agent thereof, shall be responsible for any damage or liability incurred by reason of the negligent acts or omissions or willful misconduct of the other PARTIES hereto, their officers, board members, employees or agents under or in connection with or arising from any work, authority or jurisdiction delegated to such PARTY under this Agreement.
F. Entire Agreement. This Agreement supersedes any prior arrangement or agreement among the PARTIES regarding the composition, structure, duties and powers of the TAC including but not limited to the TAC Rules of Procedure dated May 22, 2006, but does not supersede any other agreements between any of the PARTIES.
G. Amendments. This Agreement may be amended by unanimous written agreement of the PARTIES. All PARTIES agree to bring any proposed amendments to this Agreement to their Council or Board, as applicable, within three (3) months following acceptance by the IC. The IC shall, on a biennial basis, evaluate this Agreement and determine if any amendments are needed. The first biennial evaluation shall be in 2015. The IC may recommend amendments on a more frequent basis if desired.
H. Venue. In the event that suit shall be brought by any PARTY to this Agreement, the PARTIES agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court, Northern District of California, San Jose, California.
I. Attachments. Attachments 1 through 5 are attached hereto and incorporated 5/6/13 17
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herein by this reference.
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IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement as of the dates shown below.
COUNTY OF SANTA CLARA, a public entity of the State of California Oate: APPROVED AS TO FORM:
By: _
Chair, Board of Supervisors
CITY OF _
Oate: _
By: _
Name : _
Title: _
CITY OF _
Oate: _
By: _
Name:--------- Title:. _
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By: _
Deputy County Counsel
ATTEST:
Oate: _
By: _
APPROVED AS TO FORM:
By: _
Name:--------- Title: _
APPROVED AS TO FORM:
By: _
Name:--------- Title: _
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CITY OF _
Date: _
By: _
Name:-------- Title: _
CITY OF _
Date: _
By: _
Name:-------- Title:, _
CITY OF --'--- _
Date: _
By: _
Name :
Title:'---------
CITY OF _
Date:----------
By: _
Name:-------- Title:---------
5/6/13
APPROVED AS TO FORM:
By:------------ Name:-------- Title:---------
APPROVED AS TO FORM:
By: _
Name:-------- Title: _
APPROVED AS TO FORM:
By: _
Name:-------- Title:---------
APPROVED AS TO FORM:
By: _
Name:-------- Title: _
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CITY OF _
Date:----------
By: _
Name:-------- Title: _
CITY OF _
Date: _
By: _
Name:-------- Title: _
CITY OF _
Date: _
By: _
Name : _
Title: _
CITY OF _
Date: _
By: _
Name:-------- Title: _
5/6/13
APPROVED AS TO FORM:
By: _
Name : _
Title: _
APPROVED AS TO FORM:
By: _
Name:-------- Title: _
APPROVED AS TO FORM:
By: _
Name : _
Title: _
APPROVED AS TO FORM:
By: _
Name:-------- Title: _
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CITY OF _
Date:----------
By: _
Name : _
Title: _
CITY OF _
Date: _
By: _
Name : _
Title: _
CITY OF _
Date: _
By: _
Name:-------- Title: _
CITY OF _
Date:----------
By: _
Name:-------- Title: _
5/6/13
APPROVED AS TO FORM:
By: _
Name : _
Title:---------
APPROVED AS TO FORM:
By: _
Name : _
Title:---------
APPROVED AS TO FORM:
By: _
Name:-------- Title: _
APPROVED AS TO FORM:
By: _
Name:-------- Title:. _
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CITY OF _
Date:----------
By: _
Name:-------- Title:. _
5/6/13
APPROVED AS TO FORM:
By: _
Name:--------- Title: _
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ATTACHMENT 1
INITIAL STAFFING OF ADMINISTRATOR
The following is the initial staff complement for the Administrator:
Staff Person % FTE Committed
To Administrator
Duties
% FTE Committed
To County
Unincorporated
Duties
Elizabeth Constantino, Program Manager II 0.82 FTE 0.18 FTE Provides oversight of all Annual Workplan
Tasks and all functions of the Administrator.
Lisa Rose, Senior Management Analyst 0.87 FTE 0.13 FTE
Coordinates the Green Business Program,
Serves as staff to the Commission, and
performs various other duties.
Clifton Chew, Management Analyst 0.80 FTE 0.20 FTE
Serves as staff to the TAC, prepares state
Reporting and DRS, and performs various
other duties.
Zachary DeVine, Management Analyst 0.67 FTE 0.33 FTE
Contracts monitoring, budget tracking,
Outreach Specialist, and various other
duties.
Sue Sherrin, Associate Management 0.98 FTE 0.02 FTE
Analyst B, Green Business Specialist
Sarah Smith, Management Analyst 1.0 FTE 0.00 FTE
Home Composting Education Program
Coordinator
Joanna Chapa, Office Specialist III 0.94 FTE 0.06 FTE
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ATTACHMENT 2
SELECTION PROCESS FOR THE ADMINISTRATOR
1.Selection. The IC shall select a PARTY or an Outside Contractor to serve as the Administrator for the TAC. As part of the selection process, the potential candidate(s) shall submit a proposal to the IC for providing Administrator services.
The proposal shall include: a detailed scope of work for the upcoming fiscal year, detailed costs and work hours for the completion of each task, and a list of the employees proposed to perform each part of the Annual Workplan, as well as the administrative and management duties of the Administrator. The proposal shall also include a resume and description of the education, experience and expertise of each proposed staff member highlighting experience in solid waste management, recycling, diversion programs, producer responsibility, public education and outreach,' legislative analysis, budgeting, public sector management, administration and policy development. It is of great importance that each member of the Administrator staff possess a high level of experience and expertise in the listed areas. The proposal shall designate the duties and activities to be carried out by each employee. The IC will review the proposal(s) and conduct interview(s) with the potential Administrator(s). The IC will select an Administrator and recommend approval to the Commission.
2.Change in Administrator Staff. In the event any member of the Administrator's staff is unable or unavailable to serve in the capacity indicated in the original proposal, the IC shall work with the Administrator to determine if an acceptable alternate staff member is available. This shall include, if desired by the IC, having representatives from the IC participate in the selection process for the alternate staff person; review the resumes, references and writing samples of proposed candidates; attend and participate in interviews; and provide input to the decision-making process for selection of the proposed alternate staff member. If the proposed alternate staff person is not acceptable to the IC, and the IC determines that the employee who is unavailable is a key employee, the IC may give written notice to the Administrator that the TAC will seek another Administrator, and the IC may recommend to the Commission that the selection process for a new Administrator be commenced.
Upon receipt of Commission approval, the IC will begin that process. The Administrator shall serve until such time as either a replacement Administrator is selected and approved by the Commission, or (if the Administrator is not a PARTY) until the current contract for the services of the Administrator expires, whichever occurs first. In the IC's sole discretion, the services of the Administrator may be terminated prior to the selection of a new Administrator. In the event the Administrator is not a PARTY, an early termination clause shall be placed in the contract with the Administrator for use by the IC in the event a key staff person becomes unavailable.
3. Key Employee. A "key employee" includes, but is not limited to, anyone of the following:
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a. An employee who is performing twenty percent (20%) or more of the work hours in the Annual Workplan.
b. An employee whose work tasks require a high level of technical expertise and experience in recycling, solid and/or hazardous waste management programs and practices.
c. An employee whose work tasks require a high level of professional judgment that is the product of numerous years of experience in recycling, solid and hazardous waste management, and/or in work for public agencies, d. An employee whose work tasks involve a high level of interaction with the public (e.g. in trainings, liaison with businesses or non-profit organizations, etc.).
e. An employee whose work tasks involve presentations or testimony to public agencies (e.g. City Councils, the Board of Supervisors) and/or community organizations (e.g. service organizations, community groups, homeowner's associations, etc.).
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ATTACHMENT 3
ELEMENTS TO BE CONTAINED IN THE ANNUAL WORKPLAN AND BUDGET
1.Scope of Work. The proposed Annual Workplan and Budget will contain a detailed scope of work for each proposed task, the employee work hours estimated to complete each task, the name(s) of the specific employees that will perform the work for each task, the cost of the work hours for each task, all proposed overhead costs for the Administrator and all other projected costs. If the Administrator is a public agency, the costs may be shown as a percentage of each Full Time Equivalent (FTE) and the cost therefor, as long as the position (such as 'Analyst I') and the name of the employee filling that position are indicated, along with the fully burdened cost of the specified percentage of each FTE. The proposed Annual Workplan shall contain a list of key milestones for each task.
2.Administrative Tasks. The Workplan shall include a task for providing administrative support for the TAC including work hours to prepare meeting agendas, to schedule' meetings, attend meetings, prepare minutes and correspondence, and carry out the direction of the TAC and all Committees and Subcommittees. The Workplan shall also include a separate task for providing administrative support to the Commission including work hours to prepare agendas, attend Commission meetings, prepare minutes, and carry out the direction of the Commission, its Committees and Subcommittees.
3.Other Staff Commitments. The proposed Workplan will contain a listing of the other duties and responsibilities of each assigned employee (other than the work to be performed as Administrator for the TAC and the Commission) including the work hours and a general description of the key tasks and projects to be performed. This will serve as a cross-check (regardless of whether the Administrator is a public agency or a private firm) to ensure that the time of each employee is not overcommitted, and that sufficient time exists for each employee to complete all their assigned tasks.
4.Fiscal Agent and Contracting Agent Costs. The Administrator shall consult with the Fiscal Agent and with the Contracting Agent (in the event they are separate PARTIES) and shall incorporate the proposed costs for the services of each into the proposed Workplan and Budget. Such costs shall be clearly and separately identified for each function (and identified separately from those of the Administrator) and shall include the costs for employee time, expenses (such as bank fees), overhead charges and all other proposed costs.
5. Cost Detail For Comparison. The budget shall be formatted in a clear and concise manner such that all projected expenditures and revenues are detailed by project and line item. The proposed Workplan and Budget shall contain sufficient detail 5/6/13 27
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about proposed work hours and costs such that a comparison can be made between the proposed costs for the current Administrator, the current Fiscal Agent and the current Contracting Agent, and other potential providers of these services.
6. Projected Amount of Fund Transfer From Fiscal Agent to Contracting Agent. In the event the Fiscal Agent and the Contracting Agent are different PARTIES, the budget shall include the projected amount of funds to be transferred from the Fiscal Agent to the Contracting Agent in order to pay for contracts with Outside Contractors that will be awarded by the Contracting Agent in the upcoming year. Such projections shall take into account all funds currently held by the Contracting Agent (if any) and the amount of such funds already encumbered for contracts in progress.
The projection shall be accompanied by a recommendation as to the frequency of fund transfers from the Fiscal Agent to the Contracting Agent that will be required to fund contracts awarded by the Contracting Agent for the upcoming year (e.g. annual one-time transfer of funds, quarterly transfer of funds, or other recommended timing.)
7.Discussion Concerning Potential Conflicts. Once the initial draft of the proposed Annual Workplan is prepared, the IC Chair, the Administrator, the Fiscal Agent and the Contracting Agent shall meet to review and discuss the Workplan and shall work cooperatively to identify and address any potential conflicts that could arise with regard to policies of the Administrator, the Fiscal Agent or the Contracting Agent.
Examples include proposed sale of recycling containers or other goods at less than the purchase price (Le. subsidized cost of compost bins for the home composting program); provision of recycling grants, prizes, incentives; and other such items. At the direction of the IC Chair, the Administrator shall further investigate any potential conflicts that have been identified, and shall, in consultation with the Fiscal Agent and the Contracting Agent, research and propose solutions for each. If solutions cannot be found, the issue may be presented to the IC for further consideration and/or the IC Chair may direct the Administrator to revise the Workplan and Budget to remove the items creating the potential conflict. In this event the IC Chair will inform the IC of such action when the Annual Workplan and Budget are considered for approval.
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ATTACHMENT 4
CODE OF ETHICAL CONDUCT
1. Members shall strive to conduct all meetings, discussions and deliberations in a spirit of collaboration and partnership. Members shall treat all persons with respect and courtesy. In the course of discussions, members shall make their arguments on the merits of the issue rather than engaging in personal remarks or attacks on persons holding positions other than their own.
2. All members shall remain aware that the activities of the TAC are funded by fees raised from the public; and that the TAC is recommending expenditures of public funds. Members shall act prudently and in the best interest of the public when making fiscal and policy decisions.
3. Members shall voluntarily recuse themselves from all discussions and votes, and shall refrain from expressing any opinion to other members on issues where anyone of the following apply:
a. The member holds a financial interest such that the member could financially benefit from the action or issue being considered. b. The member is an owner or investor of a business the TAC is considering doing business with.
c. The member owns land that is being considered for purchase or lease by the TAC or by any program funded by the TAC.
d. A charity, community group or non-governmental organization to which the member belongs or contributes funds would receive funds from the TAC for projects or services.
e. A person in the member's family could benefit financially from the action or issue being considered. Family includes the members' spouse, children, step-children, grandchildren and step-grandchildren, as well as siblings and parents of the member and the member's spouse.
4. A member recusing themselves shall mean (a) announcing the member has a conflict of interest when the item is opened for discussion, (b) leaving the meeting room before discussion on the matter commences, and (c) not returning to the room until after discussion and any vote on the matter is concluded.
5. Members shall periodically conduct a self-assessment and inventory of any potential conflicts of interest they may have and, if the member is unsure whether or not a conflict exists, the member shall discuss the issue with the TAC Chair, the Administrator, TAC Legal Counselor legal counsel for the member's own agency.
6. In the event a member fails to recuse him or her self during discussion of an issue where the member appears to have a conflict of interest, the Chair of the meeting shall ask the member to recuse him or her self and shall halt discussion about the issue until the member has left the room. 5/6/13 29
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7. Members shall not engage in financial transactions using non-public information nor allow the improper use of such information to further any personal or private interest.
8. Members shall not solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the TAC, or whose interests may be substantially affected by actions of the TAC. Gifts do not include coffee, tea, donuts, discounts available to the general public, greeting cards or plaques of minor intrinsic value. It is appropriate and prudent for members to decline even items of minor intrinsic value from sources described in this section.
9. Members shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the TAG to take any type of action or to approve any contract, program or other commitment.
10. Members shall not use their membership on the TAC for private gain.
11. Members shall always act impartially and objectively and not give preferential treatment to any organization or individual.
12. Members shall not seek or accept any contract to provide services to the TAC for a period of at least six (6) months after termination of their membership on the TAC.
13. Members shall adhere to, and be vigilant that the TAC adheres to, all applicable state, federal and local laws and regulations.
14.AII members shall participate in a TAC-sponsored Ethics Training biennially.
15. Members shall endeavor to avoid any actions or statements that violate, or that create the appearance that they are violating, the law or any ethical standards set forth in this Attachment.
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ATTACHMENT 5
PROCEDURES FOR TRANSFER OF COUNTY-WIDE FUNDS FROM FISCAL
AGENT TO CONTRACTING AGENT
The following procedures shall be used in the event the Fiscal Agent and the Contracting Agent are different PARTIES.
1. As part of its review and approval of the Annual Workplan and Budget, the IC shall establish the amount of funds and the schedule for transfer of funds from the Fiscal Agent to the Contracting Agent for the upcoming fiscal year.
2. Upon approval of the Annual Workplan and Budget by the Commission, the IC may take appropriate actions consistent with the Annual Workplan and Budget, including but not limited to, the following:
A. Direct the Fiscal Agent to transfer specific amount(s) of County-wide Funds to the Contracting Agent on a specified schedule. The schedule may call for annual, quarterly, or more frequent transfers, as needed for the fiscal year.
B. Adjust the timing and/or the amount(s) of funds to be transferred by the Fiscal Agent to the Contracting agent if circumstances change during the year, or if there are other reasons to do so.
C. In the event the IC directs a change in the scope of work for an existing Outside Contractor that will increase the cost of the work, the IC may direct the Fiscal Agent to transfer additional funds to the Contracting Agent to pay for the amended scope of work.
3. In the event the Fiscal Agent is also serving as the Administrator, the IC shall direct the Fiscal Agent to transfer funds to the Contracting Agent for payment of the Administrator.
The Contracting Agent shall pay the Administrator pursuant to the contract executed between the Contracting Agent and the Administrator.
4. If a single PARTY is serving as the Fiscal Agent and the Contracting Agent, the IC may direct that PARTY to retain a specified amount of County-wide Funds to pay the PARTY for performing the services of Fiscal Agent and Contracting Agent.
5. In the event a single PARTY is serving as the Fiscal Agent, the Administrator and the Contracting Agent, the IC will direct the PARTY to implement the Annual Workplan and Budget as approved by the IC and the Commission. This includes paying the costs specified in the approved Budget for the PARTY performing the duties of the Administrator, the Fiscal Agent and the Contracting Agent, as well as carrying out the duties of each.
6. If the Contracting Agent is, at any time, running out of funds or projects a shortfall in funds due to changed conditions or circumstances, the Contracting Agent shall immediately inform the IC and the Fiscal Agent and proceed according to the directions of the IC.
7. When making transfers of funds to the Contracting Agent, the Fiscal Agent shall make the required arrangements for an electronic transfer of funds or for preparation of a check made payable to the Contracting Agent.
8. If the Contracting Agent does not receive funds from the Fiscal Agent pursuant to the schedule directed by the IC, the Contracting Agent shall promptly inform the 5/6/13 31
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Fiscal Agent and the Fiscal Agent shall promptly arrange for the funds to be transferred.
9. At the end of the fiscal year the IC will review the Year End Contract Status Report from the Contracting Agent, the Year-End Budget Report from the Fiscal Agent, and the Year-End Report from the Administrator. The IC may direct the Contracting Agent to transfer unspent, unencumbered funds to the Fiscal Agent or to retain such funds for use in the following fiscal year. The Contracting Agent will promptly comply with the directions of the IC.
10. If the IC directs the Contracting Agent to transfer unspent funds to the Fiscal Agent, the Fiscal Agent shall acknowledge receipt of such funds to the Contracting Agent and shall note the transfer in the accounting records of the Fiscal Agent pursuant to generally accepted government accounting procedures. 5/6/13 32
Attachment 3
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Frequently Asked Questions About the TAC Memorandum of
Agreement (MOA)
1. Why is the quorum for the TAC only 13 members out of 27? The quorum was derived based upon historical TAC meeting attendance. Unfortunately, due to staff workloads and downsizing at several jurisdictions, some members cannot attend TAC meetings on a regular basis. The quorum of 13 was established so that meetings can be held and the work of the TAC can proceed on a monthly basis despite absences of several members. For historical reference, in 1988 the TAC consisted of 36 members with a quorum of 12 members. In 2006 this was changed to a TAC with 28 members and a quorum of 9 members. So the quorum of 13 is actually an increase over the current requirement of9. (See Section III A for rules on TAC quorum.)
2. Section II E on Attendance says that if a TAC member is unable to attend meetings for an extended period of time the jurisdiction can notify the TAC in writing and the TAC will not request that another representative be appointed. Is this a typo? Shouldn't it read"...the TAC will request that another representative be appointed"?
No, it is not a typo. As noted above, some jurisdictions support the work and programs of the TAC and the Commission, but due to workloads and staffing issues, cannot send a TAC representative to all meetings. The language in Section II E acknowledges this current reality and indicates that the TAC Administrator will not continue to request that another TAC representative be appointed, when the jurisdiction has stated in writing that it is currently unable to send a representative.
3. How are the government members (the "Party's" representatives) on the TAC selected? Why doesn't the MOA describe how this process is to be conducted? Each Party's representative on the TAC is a staff person appointed by the jurisdiction.
Historically each jurisdiction has used its own method of appointing its representative. In some jurisdictions it is informal, with the TAC representative appointed by a department head or the City Manager. Other jurisdictions might have a more formal process with the appointment being reviewed by the City Council. With so many possible methods for appointment ofthe government representatives to the TAC it was thought that the MOA should be silent on this and allow each jurisdiction to utilize its own selection process. (See Section II A for composition ofthe TAC)
4. Why does a vote of the Implementation Committee require both 8 votes and that those 8 votes must represent at least 40% of the population? In order to approve any measure brought before the TAC Implementation Committee (IC), a vote of 8 members is required and those 8 members must represent at least 40% of the population ofthe incorporated and unincorporated areas of Santa Clara County. This 1
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is a concept that is familiar to those who work with the County-wide Integrated Waste Management Plan. State law requires that the Plan be approved by the County plus a majority ofthe cities in the county representing a majority ofthe incorporated population.
This concept was designed in state solid waste law as a protection against either one large jurisdiction controlling the outcome due to having a very large population, or several very small jurisdictions controlling the outcome ifthe outcome were based solely upon a vote count. In the MOA this concept from state solid waste law is borrowed and modified slightly to require the 2-part requirement for (a) 8 votes (out of 17 total members on the IC) and (b) that the jurisdictions voting in favor cumulatively contain at least 40% ofthe population in Santa Clara County. (See Section VI B for Implementation Committee voting rules.)
Note: the City of San Jose has 2 votes on the IC and all other jurisdictions have 1 vote each. (Therefore, ofthe 8 votes required for approval, 2 ofthose votes can be cast by the City of San Jose.) This is in recognition of the fact that San Jose has such a large population and also has several of the County's largest solid waste facilities within its boundaries.
5. How does "Striving For Consensus" in the Implementation Committee and Other TAC Committees and Subcommittees work? Do these Committees still vote? Section VI B of the MOA states that the "Chair shall strive to achieve consensus among committee members. Consensus is defmed as general agreement in sentiment or belief." If consensus is not achieved, the Chair is required to report the recommendation of the .committee along with the dissenting opinions and viewpoints to the TAC. As a clarification, the committee will still vote and the decision may be unanimous. Ifthe vote is not unanimous, the Chair is required to communicate the differing opinions and viewpoints. This is in recognition ofthe TAC's purpose (contained in Section I A (3)) to bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management and recycling issues. The TAC, and the Santa Clara County Recycling and Waste Reduction Commission (to whom the TAC makes recommendations) value the diverse opinions and viewpoints expressed during discussion ofissues and desire that those be carried forward to the full TAC and to the Commission. (See Sections VI B and VII B)
6. Are all TAC meetings, including the Implementation Committee and other Committee, Subcommittee and Ad Hoc Subcommittee meetings open to the public? Are they subject to the Brown Act?
Yes. All TAC meetings, including all committee and subcommittee meetings, as well as all ad hoc subcommittee meetings, are subject to the Brown Act, publically noticed, and open to the public. (See Section V B.)
7. Is each jurisdiction actually owed their share of the Solid Waste Planning Fee (SWPF)? Have jurisdictions given their share of the funds to the County to run these programs? Or do all the SWPF funds go to the County anyway? 2
5/6/13
Section XII A ofthe MOA says that if a jurisdiction chooses to withdraw from the MOA, such withdrawal does not entitle the jurisdiction to retain or obtain any portion of the SWPF. The SWPF is imposed by an ordinance of the County Board of Supervisors and the funds are used to fund the county-wide activities and programs developed and implemented by the Santa Clara County Recycling and Waste Reduction Commission ("Commission") and the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee (the TAC). A jurisdiction is not entitled to individually receive any portion of the SWPF. The statement in Section XII A of the MOA was included to clarify this in case a jurisdiction was unfamiliar with the County ordinance that established the SWPF and might have mistakenly thought a jurisdiction would be entitled to some of the SWPF funds if it withdrew from the MOA. (See Recital "I" for a description ofthe current SWPF)
8. If a vacancy on the TAC occurs regarding an NGO and the NGO declines to replace their representative, the Administrator will notify the Commission and request that a new NGO be selected to rill the remainder of the term created by the vacancy. How is that replacement selected by the Commission? Assuming this occurs in the middle of the 2-year term of the NGO member, the Commission will likely use the list of applicants from their last selection process and select an organization from that list. In the alternative, if the vacancy occurs in the autumn of the biennial cycle when the Commission receives applications for new NGO members, then the selection ofthe new NGO member would occur as part ofthat biennial process. Ultimately it will be up to the Commission to decide how to fill the vacancy. (See Sections II B and D)
9. Who can serve on TAC subcommittees and how big are those subcommittees? Is there a maximum or minimum size? Why is a quorum only 2 members? Subcommittee membership is open to all TAC members and alternates. The number of members on a subcommittee can vary from very small to very large, depending upon the topic and issues addressed and the number of people that desire to serve on the subcommittee. Therefore there is no minimum or maximum number for subcommittee membership. This gives the TAC flexibility in forming needed subcommittees to address both relatively short-term, uncomplicated issues as well as forming subcommittees to address larger more complex issues that may involve having a larger number of subcommittee members. Historically the TAC subcommittees have tended to be fairly small; therefore the quorum is only 2 members so that the work ofthe subcommittee can be accomplished and meetings can be held without delaying in order to get a larger number ofsubcommittee members for a quorum. (See Section VII)
10. What is required to amend the MOA?
Any amendment requires unanimous agreement of all the Parties. (See Section XII G) 3
• An individual Party may withdraw but not withdraw Plan Fee revenue.
The MOA addresses the issues that prompted TAC members to initiate the study and results in more effective and transparent countywide coordination on recycling and solid waste issues, as well as appropriate accountability on the part of those doing the work.
While it does not provide a Joint Powers Authority, the MOA does formalize the relationships of the jurisdictions in a way that would make it easier to move to a JPA arrangement, should they desire to do so in the future.
The MOA is a significant improvement over the current arrangements for coordinating countywide recycling and solid waste management planning and services.
The attached agreement has been approved by the City Attorney's Office. Staff recommends approval ofthe attached resolution creating the TAC.
FISCAL IMPACT:
There is no fiscal impact associated with this recommendation.
ATTACHMENTS
1. Resolution
2. Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee
3. Frequently Asked Questions About the TAC Memorandum ofAgreement (MOA)
4. Changes made to MOA based on attorney comments
4
Attachment 4
5/6/13
THE FOLLOWING CHANGES HAVE BEEN MADE TO THE MEMORANDUM
OF AGREEMENT BASED UPON ATTORNEY COMMENTS
1. List of Parties: inserted "charter" so the text reads: "the City of Santa Clara, a charter municipal corporation" (Comment from City of Santa Clara)
2. Section I (9) (TAC Purpose) Campbell commented that "cradle to cradle" should be defined. Inserted the following: ...extended producer responsibility "for products and packaging from creation through use and ultimate recycling or other disposition." with regard to .....
3. Section II A (1) inserted "One from each City or Town" (Comment from Los Altos Hills)
4. Section II A (2) New wording inserted listing what County interests each ofthe 3 County members shall represent. (Comment from Campbell)
5. Section II A Inserted clarifying language that TAC representatives ofthe Parties are staffpersons. (Comment from Los Altos Hills)
6. Section II B Added clarification that the "Administrator" is the TAC Administrator and is referred to in the document as "Administrator". Since this is the first reference to the Administrator in the document. Deleted the reference to the TAC Administrator being referred to as "Administrator" in Section VIII since it was now redundant. (Comment from Campbell)
7. Section III B Added the following: "Each member has one vote. (See Section VI B for voting and quorum requirements for the Implementation Committee that differ from those for the full TAC.)" (Comment from Cupertino and County Counsel)
8. Section III C Inserted reference to section of Government Code where the Brown Act appears. (Comment from County Counsel)
9. Section IV B (Implementation Committee). Language changed to "The IC shall meet at least annually" instead of "the IC meets at least annually". (Comment from Campbell)
10. Section V A (Meetings) Changed meeting notice requirement to 72 hours in advance (instead of 7 days) to conform with the Brown Act minimum requirement. (Comment from Los Altos Hills)
11. Section V B (Conduct ofMeetings). Added reference to TAC Committees and Ad Hoc Committees and Subcommittees being subject to the Brown Act (Issue identified by Cupertino, Los Altos Hills and others)
12. Section VI A (Implementation Committee Composition and Duties) Spelled out "Santa Clara Valley Water District" (Comment from County Counsel.)
13. Section VI A (Composition of the IC) Inserted the following: "The IC representative is usually the PARTY'S TAC representative" (Comment from Los Altos Hills)
14. Section VI B (IC Voting) Inserted a clarification saying: "(Note: the City of San Jose representative counts as two (2) voting members toward the IC quorum.)" (Comment from County Counsel)
15. Section VII B inserted "The TAC shall appoint a Chair for each Subcommittee." (Comment from County Counsel)
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16. Section VIII E added "of each year" after the date, January 1 (Comment from County Counsel)
THE FOLLOWING COMMENTS AND IDEAS WERE REVIEWED AND WERE
NOT INCLUDED FOR THE REASONS DESCRIBED BELOW
(Also See the Attached Frequently Asked Questions Where Several Comments and Questions Are Addressed)
1. Section V B (Conduct ofMeetings) Campbell recommended use of "Rosenberg's Rules of Order" as being simpler, and therefore more appropriate, than Robert's Rules of Order. The TAC has operated using Robert's Rules of Order for a number of years and the decision was made to continue that practice.
2. Section VI B (Quorum and Voting ofIC) Cupertino inquired about the following sentence "If a clear consensus cannot be reached, the Chair will call for a vote of the voting members present." and felt this conflicted with the earlier description of IC voting requirements for a vote of 8 representing at least 40% of the population. The decision was made not to change the language. See the FAQ for more background on this section.
3. Section VI B. Monte Sereno and Saratoga Goint comments) asked why is the 40% figure so high? The rationale for the 40% is addressed in the FAQ.
4. Section II B (Appointment of Members) Los Altos Hills recommended that after the sentence "The Commission will select the non-governmental organizations to be represented on the TAC" we should explicitly state how governmental members are selected. The first sentence of this section says they are to be designated in writing by each jurisdiction on an annual basis. The decision was made not to include such a description. See the attached FAQ for more information on the reasons for this decision.
5. County Counsel asked is there any interest in limiting the number of terms someone can serve as a TAC officer, or limiting the number of consecutive terms? Historically the TAC officers have not wanted to serve for more than a single term, so the decision was made to leave the language "as is".
6. Section VI A. IC Composition and Duties - The Section states: "The purpose of the IC is to make decisions and recommendations on all fiscal, management and administrative issues of the TAC." County Counsel asked "Which is it? Decisions or recommendations? Suspect it is 'recommendations". The decision was made to leave the language as it is. Not all decisions are so significant that they rise to the level of the Commission. For example, the IC might be making a decision about where or when to hold a meeting.
2
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7. Section VII E. Administrator. This subsection does not say who at the County designates the person to represent the Administrator and the person to represent the Contracting Agent. The decision was made to leave this up to the County staffto decide who these representatives are. (Comment from County Counsel)
8. Section IX C Selection of Fiscal Agent. Instead of, or in addition to saying a party can be nominated by another party to serve as Fiscal Agent, why not say "any party can submit a proposal and be considered to serve as Fiscal Agent"? Decision made to leave the language "as is" since the Party that may serve in this function should have at least the support of one other Party. (Comment from Gilroy)
9. Section XII G Amendments of MOA. Morgan Hill made the observation that to amend the MOA all jurisdictions will have to vote, and this could be very cumbersome. This is an accurate observation. However, the decision was made to leave the language "as is". This is also addressed in the FAQ.
10. Attachment 4 (Code of Ethical Conduct) Perhaps a more stringent set of rules such as those City commissions must adhere to pursuant to the Political Reform Act regulations set forth by the FPPC should be used (Gilroy). What about having all TAC members fill out Form 700? (County Counsel) No change was made for the following reasons, which may not have been apparent from the initial reading of the MOA: (a) the TAC is comprised of staff persons from all the Parties (not elected officials); (b) the Code ofEthical Conduct was compiled from federal and state ethics rules for employees and from other sources including the Markkula Center for Applied Ethics at Santa Clara University; (c) all fiscal decisions are made by the TAC Implementation Committee (IC) which consists only of representatives of the Parties (i.e. local government agencies), thus NGO members of the TAC will not be voting on fiscal matters. This should reduce the probability of conflicts ofinterest; and (d) the final fiscal and policy decisions are all made by the Commission (after reviewing recommendations from the TAC).
The Commission is comprised of elected officials so the ultimate decision-making authority concerning the TAC's Annual Workplan and Budget does not rest with theTAC.
3
1 TOWN OF LOS ALTOS HILLS August 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING REVISED POSITION DESCRIPTIONS FOR
THE JOB CLASSIFICATIONS OF ADMINISTRATIVE SERVICES
DIRECTOR AND ASSISTANT TO THE CITY MANAGER
FROM: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council should:
Adopt the attached resolution approving revised position descriptions for the job classifications of Administrative Services Director and Assistant to the City Manager.
BACKGROUND:
Periodically, position descriptions need to be updated to ensure they reflect the duties of that particular job classification, which can evolve over time. In some cases, position descriptions need to be updated to reflect the actual work being done by an incumbent in the position, and in other cases, a vacancy, or pending vacancy, creates an opportunity to review and potentially revise a position description.
DISCUSSION:
There are two position descriptions recommended for revision at this time, the Administrative Services Director and the Assistant to the City Manager. The revisions to the Administrative Services Director position description are relatively modest and were made to clarify the roles and responsibilities of this position. The revisions to the Assistant to the City Manager position description, however, are more substantive and better reflect the key duties of the job. Both positions are discussed in more detail below.
Administrative Services Director:
The Administrative Services Director position, which is currently vacant, oversees the financial services, human resources, and other general administrative operations of the Town. The position description, included as Attachment 2, was updated to clarify specific duties, particularly as they relate to the human resources function. The prior version of the position description referenced the Administrative Services Director planning and directing the Town’s financial services and “the internal administrative activities of the City.” While there were references in other areas of the position description to the human resources function, the updated description more explicitly indicates that the human resources function is the responsibility of the Administrative Services Director. Additionally, while information services were not specifically called out as a duty of the Administrative Services Director, those responsibilities, including the management of the contract of the information technology services provider, had historically been handled by the incumbent in this position. Going forward, these duties have been transitioned to the Assistant to the City AGENDA ITEM #4.O
P.P.
Staff Report to City Council Page 2
Position Description Revisions
August 17, 2023
Manager, and that position description has been updated to reflect that change and others, as discussed below.
Assistant to the City Manager
The Assistant to the City Manager position is currently being filled on a provisional basis.
According to Section 4.16 of the Employee Handbook, if there is a position being filled provisionally, an employment list shall be established within six months of the provisional appointment, with the option for the City Manager to extend the appointment for no more than 90 days. Including an extension at the City Manager’s discretion, an employment list for the Assistant to the City Manager position will need to be established by November 2023. With Council approval of the revised position description, the next step will be to initiate a hiring process and establish an employment list.
With the position being filled provisionally, the opportunity exists to review and update the position description. The Assistant to the City Manager position is one with broad job responsibilities that will change over time with the needs of the organization. Currently, one of the main operational gaps facing the Town is adequate work on emergency preparedness, and this is one of the primary changes in this position description (Attachment 3). The updated description specifically indicates that this position will oversee all aspects of emergency preparedness and will serve as the Town’s Assistant Director of Emergency Services. The other significant change is to move information services-related functions to this position, including managing the contract of the information technology services provider. Putting these duties under the Assistant to the City Manager better aligns with the overall broad scope of duties for this position and allows the Administrative Services Director to focus on financial services and human resources.
ENVIRONMENTAL REVIEW:
Approving the revised position descriptions is exempt from California Environmental Quality Act (CEQA) due to this work not being defined as a “project” under CEQA. 2023 CITY COUNCIL WORK PLAN
Adopting the resolution to approve revised position descriptions for the Administrative Services Director and Assistant to the City Manager job classifications supports three aspects of the 2023 City Council Work Plan:
1. Continue emergency preparation;
2. Improve employee attraction and retention; and
3. Review the Town staff classification structure and plan for growth.
FISCAL IMPACT:
Approving the revised position descriptions does not make any additional financial commitment to the Town, as the salary range for each job classification is not changing.
Staff Report to City Council Page 3
Position Description Revisions
August 17, 2023
ATTACHMENTS:
1. Resolution Adopting Revised Position Descriptions
2. Revised Position Description – Administrative Services Director
3. Revised Position Description – Assistant to the City Manager
Resolution __ -23 Page 1
RESOLUTION __ -23
RESOLUTION APPROVING REVISED POSITION DESCRIPTIONS FOR THE JOB
CLASSIFICATIONS OF ADMINISTRATIVE SERVICES DIRECTOR AND
ASSISTANT TO THE CITY MANAGER
WHEREAS, periodically updating position descriptions is necessary to ensure they reflect the duties of that job classification; and
WHEREAS, with a vacancy in the Administrative Services Director position and the Assistant to the City Manager currently being filled on a provisional basis, the opportunity exists to review and update those position descriptions; and
WHEREAS, the Administrative Services Director position description was updated to clarify job responsibilities, particularly as it relates to the human resources function; and WHEREAS, the Assistant to the City Manager position description was updated to, among other things, add responsibilities of emergency preparedness and information services.
NOW THEREFORE, the City Council of the Town of Los Altos Hills hereby approves revised position descriptions for the job classifications of Administrative Services Director and Assistant to the City Manager.
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 17th of August 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Linda Swan, Mayor
ATTEST:
__________________________
Deborah L. Padovan, City Clerk
Attachment 1
POSITION DESCRIPTION
TOWN OF LOS ALTOS HILLS
Rev. 07/23
ADMINISTRATIVE SERVICES DIRECTOR
Reports To: City Manager FLSA: Exempt
Supervises: Administrative Services Staff
Position Description
Under the general direction of the City Manager, the Administrative Services Director oversees, plans, and directs the Town’s financial services, human resources, and other general administrative functions. This includes the maintenance and monitoring of financial and accounting systems; preparation and analysis of complete financial statements; administration of personnel, employee benefits, and related contracts; data processing; treasury functions; and preparation of the Town’s operating and capital budgets. The Director supervises a staff of three and is a key member of the Town’s executive management team.
Examples of Duties
• Plans, organizes, and directs all financial management services including accounting, accounts payable, accounts receivable, cash receipting, financial planning, investments, and record-keeping.
• Oversees the preparation and maintenance of payroll and personnel records, including all required reports and the regular disbursement of payroll on a bi-weekly basis. • Collects and analyzes financial and other data; prepares or reviews and approves statistical, financial, and narrative reports; prepares and submits various financial reports required by law; coordinates timing and assists with financial audits. • Plans and recommends the Town’s operating and capital budget processes; provides financial data to departments for budget planning; analyzes budget requests and prepares reports and recommendations; participates in the management review of the budget and the Town’s reserve levels; presents budgets to the City Council; administers the approved budget.
• Oversees the general administrative functions of the Town including personnel, employee relations, contract administration, data processing, and other support services. • Works with the City Manager to develop and manage employee classification, recruitment, employee relations, and benefit programs.
Attachment 2
• As Treasurer for the Town, plans and administers the investment of idle funds; coordinates transactions with financial institutions; prepares periodic reports to the City Council of the investment program as prescribed by law.
• Reviews, evaluates, and recommends improvements to the Town’s administrative and internal control systems and procedures; ensures compliance with audit findings. • Works with other municipal, county, state, and federal agencies on various financial and other issues.
Knowledge and Abilities
• Knowledge of the principles and practices of municipal accounting and financial reporting and operations.
• Knowledge of the principles and practices of human resources management and operations.
• Ability to manage and invest the Town’s funds.
• Ability to organize and administer operating and capital improvement budgets. • Ability to compile, review, and analyze financial data from a variety of resources. • Ability to organize and direct staff in the financial services and human resources functions of the Town.
• Ability to establish and maintain effective working relationships with Town officials, other governmental officials, the public, and other stakeholders. • Ability to operate a personal computer, including word processing and database management, and other office equipment, including copy and fax machines and telephone equipment.
Qualifications
• Graduation from an accredited four-year college or university, with major course work in business, public administration, and/or related fields. • Five years of progressively responsible accounting experience, with at least 3 years’ experience in municipal accounting.
• Familiarity with computer networks; experience in computer applications used for accounting and other administrative functions.
• Possession of a valid Class C California driver’s license.
Physical and Environmental Requirements
Environmental Conditions: Employees work in an office environment with moderate noise levels and controlled temperature conditions.
Physical Conditions: While performing the duties of this job, the employee is regularly required to sit for extended periods of time. The employee is frequently required to use hands and fingers to use a computer keyboard, file, write, and answer phones. The employee is frequently required to communicate verbally with others. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. May be expected to lift and/or move up to 25 pounds.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
POSITION DESCRIPTION
TOWN OF LOS ALTOS HILLS
Rev. 07/23
ASSISTANT TO THE CITY MANAGER
Reports To: City Manager FLSA: Exempt
Supervises: At the discretion of the City Manager
Position Description
Under the general direction of the City Manager, the Assistant to the City Manager performs a wide variety of highly responsible, complex, and confidential advanced-level professional duties involved in providing administrative, analytical, technical, operational, and supervisory support to the Town. This position plans, coordinates, and participates in various programs, operations, and activities, including those having a significant community impact such as emergency preparedness, as well as provides information and assistance to Town staff, City Council, and committee members. The Assistant to the City Manager also fosters cooperative working relationships with Town committees, intergovernmental agencies, and Town staff; represents the Town in the community and at professional meetings; and serves as the Town’s Assistant Director of Emergency Services.
Examples of Duties
• Supports the City Manager in their responsibilities, duties, and activities. • Serves as the Town’s Assistant Director of Emergency Services and oversees all facets of emergency preparedness, including coordination with the Los Altos Hills County Fire District on Community Emergency Response Team (CERT) training and initiatives and the annual CERT program certification with the Federal Emergency Management Agency (FEMA).
• Analyzes and develops solutions for special problems and projects as assigned by the City Manager; assists in planning and implementation of special programs and events; performs complex research of new programs and services. • Analyzes Town operations, organizational structures, functions, services, procedures, policies, and practices; develops strategic plans, identifies opportunities, and makes recommendations to improve quality and efficiency; creates implementation plans. • Oversees, assesses, plans, and implements operations and activities in the functional areas of communications and outreach; develops and/or tracks relevant department budgets; participates in the development and implementation of goals, objectives, and priorities for assigned functions and programs.
• Assists in the development, communication, and coordination of the Town’s budget as a representative of the City Manager’s Office.
• Oversees the Town’s information systems and policies and manages the professional Attachment 3
services contract with the information technology services provider; oversees and administers other contracts as assigned by the City Manager. • Conducts complex and sensitive administrative, operational, and management analyses, studies, and research projects; selects, adapts, and applies appropriate research and analytical techniques; gathers and analyzes data and information from various sources on a variety of topics.
• Researches and prepares technical and administrative reports and prepares presentations of issues to the City Council, committees, and community groups. • Works with other municipal, county, state, and federal agencies on various issues of common interest.
• At the discretion of the City Manager, supervises various members of staff, including but not limited to analysts, technicians, assistants, and interns. • Coordinates grant administration activities; prepares, writes, reviews, and monitors grant applications; monitors existing programs for compliance with regulations.
Knowledge and Abilities
• Knowledge of operational characteristics, services, and activities of a California municipal agency.
• Knowledge of principles of municipal government administration, organization, budget, and personnel management/supervision.
• Knowledge of principles and practices of program, policy, project, and procedure evaluation, development, and management.
• Knowledge of advanced methods and techniques of data collection, research, and report preparation.
• Knowledge of principles and practices of state and local legislative processes, codes, and regulations.
• Knowledge of basic principles of risk management.
• Knowledge of principles and practices of designing effective environmental programs and policies, including sustainability related to water conservation, energy efficiency, waste management, recycling, and transportation. • Knowledge of the principles and practices of emergency management and preparedness.
• Ability to perform a wide range of highly responsible, complex, and diverse advancedlevel professional duties involved in providing administrative, analytical, operational, and technical support to the City Manager requiring the use of independent judgment and personal initiative.
• Ability to identify, evaluate, and implement software, programs, and tools, as well as to
manage contracted providers of these services.
• Ability to analyze problems and processes, identify alternative and/or more efficient solutions, and implement recommendations in support of goals. • Ability to develop, implement, and interpret Town policies, procedures, regulations, and codes.
• Ability to prepare clear and concise technical and administrative reports and assist with budget preparation.
• Ability to establish and maintain effective working relationships with Town officials, other governmental officials, the public, and other various stakeholders. • Ability to operate a personal computer, including word processing and database management, and other office equipment, including copy and fax machines and telephone equipment.
Qualifications
• Graduation from an accredited four-year college or university, with major course work in business, public administration, and/or related fields. • Five years of progressively responsible experience.
• Familiarity with computer networks; experience in computer applications used for administrative functions.
• Possession of a valid Class C California driver’s license. • Pursuit of or credits towards a specialist certificate in emergency management from the California Governor’s Office of Emergency Services, courses from the FEMA Emergency Management Institute, or any other emergency preparedness-related program, is considered desirable.
Physical and Environmental Requirements
Environmental Conditions: Employees work in an office environment with moderate noise levels and controlled temperature conditions.
Physical Conditions: While performing the duties of this job, the employee is regularly required to sit for extended periods of time. The employee is frequently required to use hands and fingers to use a computer keyboard, file, write, and answer phones. The employee is frequently required to communicate verbally with others. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee may be expected to lift and/or move up to 25 pounds.
Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.
TOWN OF LOS ALTOS HILLS August 17, 2023
Staff Report to the City Council
RE: AUTHORIZE THE CITY MANAGER TO ENGAGE IN DISCUSSIONS
FOR FUTURE LAW ENFORCEMENT SERVICES FOR THE TOWN OF
LOS ALTOS HILLS
FROM: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Motion to authorize the City Manager to engage in discussions with law enforcement entities for future law enforcement services for the Town of Los Altos Hills.
BACKGROUND AND ANALYSIS:
In June 2014, the Town of Los Altos Hills (“Town”) entered into an agreement with the County of Santa Clara (“County”) for law enforcement services (hereinafter “Agreement”). The Agreement establishes that the County will provide law enforcement services within Town limits. The term of the Agreement began June 19, 2014, and terminates on July 1, 2024. The Town and County are both authorized to terminate the Agreement at an earlier time with one hundred and eighty (180) days written notice, with some remaining financial commitments of the Town. At the expiration of the Agreement, the Town and County may renew the Agreement for an additional five (5) year period upon written notice of renewal at least one hundred and eighty (180) days prior to the expiration of the Agreement.
At this time, the Town continues to receive law enforcement services from the County. The Town may eventually choose to renew the Agreement with the County, or the Town may elect to allow the Agreement to expire without renewal. If the Town were to seek out a law enforcement entity, other than the County, to provide law enforcement services within the Town, staff would be required to comply with procurement procedures for professional services as established in the Los Altos Hills Municipal Code.
Los Altos Hills Municipal Code Section 2-4.04 establishes, in part, that all procurement of services, including but not limited to professional services, the cost of which is in excess of sixty thousand dollars ($60,000) must be made through either informal or formal procedures, as established in Section 2-4.04. All procurement of services, the cost of which is more than two hundred thousand dollars ($200,000), must be based upon specifications or a scope of work approved by the City Council. When entering into a contract for services, the skill, ability, and expertise of the entity or person performing the services is a key component of the selection criteria. The services selection should therefore be on the basis of demonstrated competence, overall value to the Town, and on the professional qualifications necessary for the satisfactory performance of the services required. Cost is only one factor in determining the selection. In accordance with Section 2-4.04, the procurement of services may be made by soliciting requests AGENDA ITEM #4.P
P.P.
Staff Report to City Council Page 2
Law Enforcement Services
August 17, 2023
for proposals or requests for quotations to prospective vendors.
At this time, if the Town were to issue a request for proposals or a request for quotation for law enforcement services staff believe that only the County may respond to the Town’s request. In order to explore all options for law enforcement services, prior to issuing a request for proposals or a request for quotations for future law enforcement services, Town staff would like to have discussions with multiple law enforcement entities about the law enforcement service needs of the Town. Therefore, staff are asking the City Council to authorize the City Manager or his designee to engage in discussions with other law enforcement entities that may be interested in providing law enforcement services within the Town. At this time, staff plan to engage in discussions with both the City of Los Altos and the County of Santa Clara to discuss the law enforcement needs of the Town. At the time that staff believe the Town is ready to issue a request for proposals or request for quotations then staff will bring an item back to the City Council with the request, the scope of services and draft agreement for law enforcement services for Council approval prior to soliciting responses.
ENVIRONMENTAL REVIEW:
This action does not qualify as a “Project” as defined in California Government Code Section 15378(b) of the Guidelines for California Environmental Quality Act. 2023 CITY COUNCIL STRATEGIC PRIORITIES:
Promoting Public Safety is identified in the 2023 Work Plan.
FISCAL IMPACT:
Currently, there is no fiscal impact. This request seeks authorization to initiate discussions with Los Altos.
5382747.1
TOWN OF LOS ALTOS HILLS August 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2023 SANITARY SEWER REPAIR AND REPLACEMENT
PROJECT AND AUTHORIZE STAFF TO ADVERTISE THE PROJECT
FOR BIDS
FROM: WooJae Kim, Public Works Director
Daniel Liang, Utility Engineering Manager
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt the attached resolution approving the project specifications for the 2023 Sanitary Sewer Repair and Replacement Project and authorize staff to advertise the project for bids.
BACKGROUND:
Per the Annual Sanitary Sewer Placement and Rehabilitation Project approved in the FY2024-2028 Five-year Capital Improvement Plan, the Public Works Department compiles a list of sanitary sewer segments with significant defects to be improved each year with a project budget of $1,050,000 funded through the Sewer Fund. The main objective of the annual sanitary sewer repair and rehabilitation program is to repair and replace defective sewer pipes in the Town's sanitary sewer system to maintain uninterrupted conveyance of wastewater to the Palo Alto Regional Water Quality Control Treatment Plant through the collection systems of the Cities of Palo Alto and Los Altos.
These repairs reduce the risk of sewer collapse and sinkholes forming in roadway, pathway, and easements.
Per the Town’s Municipal Code section 2-4.04, titled “Formal and informal procedures for the purchase and procurement of goods, services, and public projects in excess of sixty thousand dollars ($60,000)”, all purchases or procurements of goods, services (including professional, special, and personal), and public projects, the cost of which is in excess of sixty thousand dollars ($60,000.00) shall be made through either informal or formal procedures as provided for in this section. All purchases or procurements of goods, services, and public projects, the cost of which is more than two hundred thousand dollars ($200,000.00), shall be based upon specifications or a scope of work approved by the City Council.
Article (2) of Municipal Code section 2-4.04 says “Formal Bid Procedures for Procurement of Public Projects. Procurement of public projects valued at more than two hundred thousand dollars ($200,000.00) shall be submitted for formal bidding. The notice inviting bids shall be advertised upon authority of the City Council, and such advertisement shall be published two (2) times in a newspaper of general circulation published nearest to the AGENDA ITEM #4.Q
W.K.
D.L.
P.P.
Staff Report to City Council Page 2
2023 Sewer Repair and Replacement Project
August 17, 2023
Town, and in addition, invitations to bid may be mailed to prospective vendors at the discretion of the City Manager. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (14) calendar days before the date of opening the bids.
The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or e-mail and mailed to all construction trade journals specified in Public Contract Code Section 22036. The notice shall be sent at least fifteen (15) calendar days before the date of opening the bids. The bids submitted shall be received by the City Clerk, to be opened by the City Manager at the time designated.” DISCUSSION:
Project Description
The project will improve sanitary sewer mains by replacing and upsizing existing defective vitrified clay pipes (VCP) with HDPE or PVC pipes. The defects of existing VCP pipes include cracks, fractures, joint separations, joint offsets, root intrusions, and sags. These sewer segments are located under the streets within the public right-of-way or in the public utility easements on private properties within the Town limits. The sewer segments were selected by reviewing CCTV recordings and inspection reports, and by reviewing monthly maintenance reports provided by West Bay Sanitary District, the Town’s sewer maintenance vendor. The selection process also considered the sewage flow volume and the cleaning frequency of these sewer pipes. The goal is to reduce the occurrence ofsanitary sewer overflows (SSO’s), reduce the overall maintenance cost and increase flow capacity of sewer pipes.
For sewer segments currently on the high frequency cleaning schedule of 6 months or 12 months, these sewer segments will be removed from the high frequency cleaning schedule and placed on the preventative maintenance cleaning schedule after the sewer pipes have been improved.
This project will replace fourteen sewer segments and will provide an emergency sewer bypass at the O’Keefe Lane pump station. Project Plans and Specifications can be viewed on the Town’s website at https://www.losaltoshills.ca.gov/579/City-Council-MeetingDocuments. The fourteen segments comprise of 2,213 linear feet of sewer pipes. The trenchless in-line pipe bursting method will be used to replace 2,092 linear feet of existing sewer pipes, and the open trench excavation method will be used to replace the remaining 121 linear feet of the existing sewer pipes. For the emergency sewer bypass at the O’Keefe Lane pump station, 220 linear feet of new 8-inch sewer pipes, one new cleanout, and one backflow valve will be installed. In an event of power outage, the 8-inch emergency sewer bypass will allow sewage from the wet well to drain naturally into a downstream gravity manhole once the sewage level reaches up to a certain level in the wet well.
Authorize Advertising Bid Process
Staff prepared the bid documents, including project plans, specifications, and the engineering estimate in-house. A Notice to Bidders will be published twice in the Los Altos
Staff Report to City Council Page 3
2023 Sewer Repair and Replacement Project
August 17, 2023
Town Crier and posted on the Town's website. Similar to last year’s advertisement process, staff will send the Notice to Bidders to the 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 twice via telephone calls and emails to notify them of the project and remind them of the pre-bid meeting.
Staff recommends that the City Council approve the specifications and authorize staff to advertise the project and inspection services for bids on the 2023 Sanitary Sewer Repair and Replacement Project. If the recommended actions are approved, staff would return to Council in October to request award of the construction contract to the lowest responsible bidder.
Schedule
The following is the tentative schedule for this project. The actual schedule will be developed and confirmed with the contractor based upon completion of the required contract documents, approval of pre-submittals, and their availability.
Award Construction Contract October 2023
Begin Construction November 2023
Construction Completion January 2024
ENVIRONMENTAL REVIEW
Repair and maintenance of publicly owned utilities used to provide sewerage is defined under California Environmental Quality Act (CEQA) Section 15301(b) as Categorically Exempt.
2023 CITY COUNCIL WORK PLAN:
This action was not identified on the 2023 City Council Work Plan, but it supports the council priority to Maintain Quality of Life and protect and maintain infrastructure.
FISCAL IMPACT:
The total estimated project cost is as follows:
Construction (including contingency) $ 900,000
Town Administration and Inspection $ 20,000
Total Estimated Project Cost $ 920,000
There is no fiscal impact associated with the recommendation. As part of the FY2023-24 Capital Improvement Program budget, a total of $1,050,000 was allocated to the Annual Sanitary Sewer Replacement and Rehabilitation Project. There is also approximately
Staff Report to City Council Page 4
2023 Sewer Repair and Replacement Project
August 17, 2023
$725,000 in carry forward funds from previous fiscal years. No additional appropriation is needed for this project.
ATTACHMENTS
1. Resolution
2. List of Pipe Segments
RESOLUTION -23
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING THE PLANS AND SPECIFICATIONS FOR THE 2023
SANITARY SEWER REPAIR AND REPLACEMENT PROJECT AND
AUTHORIZE STAFF TO ADVERTISE THE PROJECT FOR BIDS
WHEREAS, the Town of Los Altos Hills has appropriated $1,050,000 for the FY2023-24 Annual Sanitary Sewer Placement and Rehabilitation Project; and WHEREAS, the Engineer’s Estimate for the 2023 Sanitary Sewer Repair and Replacement Project is $900,000 plus additional $20,000 for construction management services by Town staff or third-party consultant; and
WHEREAS, the Utility Engineering Manager recommends that the City Council approve the project specifications for the 2023 Sanitary Sewer Repair and Replacement Project; and
WHEREAS, the Utility Engineering Manager recommends that the City Council authorize staff to advertise the project for bids.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that:
1. The project plans and specifications described in the City Council Agenda Summary for this Resolution are hereby approved.
2. The Public Works Department is authorized to advertise the 2023 Sanitary Sewer Repair and Replacement Project and inspection services for bids.
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 17th day of August 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
BY: _______________________________
Linda G. Swan, Mayor
ATTEST:
______________________________
Deborah Padovan, City Clerk
Attachment 1
2023 Sanitary Sewer Repair and Replacement Project
Drawing Location USMH DSMH
Repair
Length
(ft)
Method Nearest Street
C-101 1 BMH1027 BMH1028 156 Pipe Bursting Palo Hills Drive C-101 2 BMH1028 BMH1029 140 Pipe Bursting Palo Hills Drive C-102 3 EMH1040 EMH1039 201 Pipe Bursting Esperanza Drive C-102 6 EMH1029 EMH1228 76 Pipe Bursting Fremont Road
C-103 4 EMH1064 EMH1062 206 Pipe Bursting Camino Medio Lane C-104 5 EMH1028 EMH1027 290 Pipe Bursting Ascension Drive C-105 7 EMH1161 EMH1160 91 Pipe Bursting Anacapa Drive
C-106 10 IMH1051 IMH1050 115 Pipe Bursting Wildflower Lane C-107 12 KMH1025 KMH1026 206 Pipe Bursting Moody Road
C-108 13 KMH1064 KMH1065 136 Pipe Bursting Altamont Road C-108 14 KMH1065 KMH1049 136 Pipe Bursting Altamont Road C-109 15 KMH1085 KMH1086 178 Pipe Bursting Altamont Road C-110
Alternate 1 8 EMH1165 EMH1164 121 Open Trench Anacapa Drive C-111
Alternate 2 9 HMH1026 HMH1025 161 Pipe Bursting &
Open Trench Viscaino Road
C-112, 113
Alternate 3
O’Keefe
Lane Wetwell LMH1079 220 Pipe Bursting & Open Trench O’Keefe Lane Attachment 2
TOWN OF LOS ALTOS HILLS August 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION ACCEPTING TWO PATHWAY EASEMENT SEGMENTS AT 13781 CICERONI LANE; LANDS OF VISTA GRANDE LLC; FILE #ER22- 0009.
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) accepting the granting of two pathway easement segments at 13781 Ciceroni Lane; the Lands of Vista Grande LLC.
BACKGROUND:
The subject property is a 1.27-acre lot located on Ciceroni Lane at the southwesterly corner of the Ciceroni Lane and Robleda Road intersection. The property is relatively flat with an average slope of 8.6%, resulting in a Lot Unit Factor (LUF) of 1.268 and Maximum Development Area (MDA) of 19,050 square feet and Maximum Floor Area (MFA) of 7,620 square feet. An application for site development permit for a new residence, detached garage, and accessory dwelling unit was submitted to the Town on November 10, 2020, and approved at the February 16, 2021, Fast Track public hearing with additional conditions of approval. The applicant filed an appeal of the conditions of approval on March 11, 2021, which was denied by the Planning Commission on April 1, 2021.
DISCUSSION:
The dedication of a pathway easement to the Town was not required as a condition of approval for the new residence and associated improvements as would be typical for a site development permit application. The property was already encumbered by a 5-foot-wide pathway easement along the southerly property line. However, a typical pathway easement not located along the side of a public right-of-way is generally 10-feet-wide to accommodate topography or obstructions. Within the existing five-foot-wide pathway easement is a heritage oak tree and a PG&E utility pole which would make construction of a standard five-foot-wide pathway impossible. The applicant and Pathway Committee met to discuss potential easement configurations and eventually agreed upon limiting pathway easement dedications to the minimum width and length necessary to accommodate the obstructions. In this case, a three-foot-wide by 30-foot-long segment would be required to accommodate the heritage oak tree and a two-foot-wide by 22-foot-long segment would be required to accommodate the utility pole. These two segments would allow for the construction of a standard five-foot-wide pathway without removal of the heritage oak tree and the utility pole.
AGENDA ITEM #4.R
J.L.
P.P.
City Council Page 2
13781 Ciceroni Lane Grant of Pathway Easements
August 17, 2023
The pathway easement is consistent with the General Plan Pathways Element Goals 1, 2 and 3, included as attachment 2, and is consistent with the Town’s Master Path Plan.
ENVIRONMENTAL REVIEW:
The pathway easement dedication qualifies for the commonsense exemption outlined in CEQA Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. 2023 CITY COUNCIL STRATEGIC PRIORITIES:
This is not part of the 2023 City Council Strategic Priorities as easement dedications are, depending on applicability, part of the standard site development approval process.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of easement dedications, agreements, or grant documents as the Town requires payment of a deposit of $3,500.00 to cover staff and consultant time. The deposit is generally not exceeded, and the remaining amount refunded, conversely, if the deposit is ever exceeded, additional funds would be requested to cover staff and consultant time. The recordation of the open space easement agreement with the County of Santa Clara requires payment of a recordation fee of $5.00.
CONCLUSION:
The pathway easement dedication is consistent with the goals of the Town’s General Plan Pathways Element. The requirement for a pathway easement along the southerly property line is consistent with the Town’s Master Path Plan and would allow for construction of a dedicated pathway rather than utilizing the shared driveway. The new pathway easement segments will allow future pathway construction to avoid the heritage tree and utility pole. Staff recommends that the Council accept the granting of two pathway easements to the Town at 13781 Ciceroni Lane.
ATTACHMENTS
1. Resolution Accepting Grant of Pathway Easement Segments
2. General Plan Pathways Element Goal 1, Goal 2, and Goal 3
Resolution ____-23 Page 1
RESOLUTION ____-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
ACCEPTING A GRANT OF PATHWAY EASEMENT SEGMENTS
(LANDS OF VISTA GRANDE LLC)
WHEREAS, the Vista Grande LLC (“Owner”) owns the property commonly known as 13781 Ciceroni Lane, Los Altos Hills, California (APN 175-23-032); and WHEREAS, the Town has adopted a General Plan and Master Path Plan and, pursuant thereto, may accept grants of pathway easements on privately owned lands lying within the Town; and WHEREAS, the Owner has offered to grant a pathway easement attached to this Resolution as Attachment A (“Grant of Pathway Easement to the Town of Los Altos Hills”) to allow for the installation and maintenance of a future roadside path; and WHEREAS, the Town finds the Grant of Pathway Easement to be consistent with the Town’s General Plan Pathways Element and in the best interests of the Town; and WHEREAS, the Owner and the Town recognize that the land subject to the Grant of Pathway Easement is essentially unimproved and is wide enough to accommodate an unobstructed pathway which is an asset to the Town and the surrounding area; and NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby accepts on behalf of the public, and for the purposes therein described, the Grant of Pathway Easement attached to this Resolution as Attachment A.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of August, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: _______________________________
Linda Swan, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
Attachment 2
TOWN OF LOS ALTOS HILLS August 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING A TIME EXTENSION OF AN APPROVED SITE
DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR A NEW RECREATIONAL FACILITY (GYM) AT 13891 CICERONI LANE; LANDS OF CAMPO VISTA LANE LLC; FILE #EX23-0005, SD20-0086 & CUP21-0001.
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) approving a Time Extension to Site Development Permit #SD20-0086 and Conditional Use Permit #CUP21-0001 for a new recreational facility at 13891 Ciceroni Lane; the Lands of Campo Vista Lane LLC.
BACKGROUND:
The subject property is a large lot located at the end of Ciceroni Lane, a private road located off Robleda Road and near Fremont Road. The subject property is part of several adjacent lots under the same ownership totaling approximately 11.7 acres.
An application for Site Development Permit and Conditional Use Permit was submitted to the Town on January 9, 2019, a public hearing was held on March 4, 2021 by the Planning Commission and was approved. The Planning Commission meeting staff report and minutes are included as Attachments 2 and 3, respectively. The application was for a 10,016 square-foot gymnasium with a 1,301 square-foot basement. The structure had a 5,072 square-foot first-floor footprint with a 1,247 square-foot second floor and a 3,697 square-foot internal area over 17 feet in height. A Conditional Use Permit was required as a recreational facility is defined as a conditional use in the Town’s R-A Zoning District. The proposed recreational facility will be for private use only and is subject to reasonable conditions of approval. The approval resolution, with original conditions of approval, is included as Attachment 4.
DISCUSSION:
Site Development Permit approvals are valid for a period of one year, during which time the applicant must obtain any necessary Building Permits. There may be multiple reasons preventing an applicant from obtaining their Building Permits in that time. Typical reasons include funding issues, family/health issues, or plan check issues. In this instance, the Site Development Permit and Conditional Use Permit was approved on March 4, 2021 and was set to expire on March 4, 2022. The applicant submitted an application for a time extension on February 16, 2022 which was approved administratively as it was submitted prior to the permit expiration date. Approval of AGENDA ITEM #4.S
J.L.
P.P.
City Council Page 2
13891 Ciceroni Lane Time Extension
August 17, 2023
EX22-0001 extended the expiration date to March 4, 2023. The time extension request currently under consideration (EX23-0005) was submitted to the Town on July 19, 2023 to allow for building permit submittal. As the submittal date is after the expiration date, City Council approval is required. The applicant cited the Covid-19 pandemic as the reason for the first time extension request and the current time extension request. The cost of construction for such a large structure was infeasible until now. It is worth noting that the framing and construction type would be atypical of residential construction and would likely require extensive use of steel and commercial techniques. Recognizing the difficulty of constructing such a project during the last two (2) years, Staff recommends approval of a one-year time extension. Granting of a time extension would set the new expiration date at March 4, 2024.
CODE REQUIREMENTS
As stated in Section 10-2.1309 of the Site Development Ordinance, Site Development Permit approval shall expire if the work authorized by such permit has not commenced within one calendar year from the date of approval. Staff has taken this to mean the Building Permit must be issued within one year of the Site Development Permit approval. The Planning Director or designee may grant a reasonable extension of time if requested prior to the expiration date.
However, requests for a time extension submitted after the expiration date shall only be granted by the City Council.
Worth noting is the Code does not specify how long the time extension would be for. As a general practice, time extensions are for periods of one year per time extension. The City Council could approve longer time extensions if deemed reasonable. Staff’s recommendation is for a one-year time extension.
ENVIRONMENTAL REVIEW:
A Time Extension request qualifies for the commonsense exemption outlined in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. The original approval of the new residence is categorically exempt outlined in CEQA Guidelines Section 15303(a), as the proposal was for a new single-family residence. 2023 CITY COUNCIL WORK PLAN:
This is not part of the 2023 City Council Work Plan as time extensions are, depending on applicability, part of the standard site development approval and building permitting processes.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of time extensions as the Town requires payment of a fixed fee of $1,140 to cover staff time. This fee is adequate as there is limited staff time commitment due to there being no additional plan review, no public hearing, and only a memo.
City Council Page 2
13891 Ciceroni Lane Time Extension
August 17, 2023
ATTACHMENTS
1. Resolution Approving Time Extension
2. March 4, 2021 Planning Commission Staff Report
3. March 4, 2021 Planning Commission Meeting Minutes
4. Resolution 04-21
Resolution ____-23 Page 1
RESOLUTION ____-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A TIME EXTENSION OF AN APPROVED SITE DEVELOPMENT PERMIT
AND CONDITIONAL USE PERMIT FOR A NEW RECREATIONAL FACILITY (GYM) AT 13891 CICERONI LANE
(LANDS OF CAMPO VISTA LANE LLC)
WHEREAS, Campo Vista Lane LLC (“Owner”) owns the property commonly known as 13891 Ciceroni Lane, Los Altos Hills, California (APN 175-23-034); and WHEREAS, the site development permit (SD20-0086) and conditional development permit (CUP21-0001) for a new recreational facility was approved at a duly noticed Planning Commission public hearing on March 4, 2021 with reasonable conditions of approval; and WHEREAS, the permit was set to expire on March 4, 2022 as the Town has adopted a Site Development Ordinance and, pursuant thereto, sets an expiration date for Site Development Permits at one (1) calendar year; and
WHEREAS, pursuant to the Site Development Ordinance, the Planning Director, or designee, has the authority to grant reasonable extensions of time for Site Development Permits that have expired; and
WHEREAS, the Owner submitted a request for a Time Extension (EX22-0001) to SD20-0086 and CUP21-0001 on February 16, 2022; and
WHEREAS, the Town administratively approved the time extension request of one (1) calendar year and the permit was then set to expire on March 4, 2023; and WHEREAS, pursuant to the Site Development Ordinance, the City Council has the authority to grant reasonable extensions of time for Site Development Permits that have expired; and WHEREAS, the Owner has submitted a request for a Time Extension (EX23-0005) to SD20-0086 and CUP21-0001 on July 19, 2023; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX23-0005) of an approved Conditional Use Permit (CUP21-0001) and Site Development Permit (SD20-0086) subject to the originally adopted findings contained in Exhibit “A” and the conditions contained in Exhibits “B” and “C” and incorporated herein by reference.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attachment 1
Resolution ____-23 Page 2
BY: _______________________________
Linda Swan, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Resolution ____-23 Page 3
EXHIBIT A
FINDINGS
13891 Ciceroni Lane – File # CUP21-0001 and SD20-0086
1. With regard to the Conditional Use Permit (CUP21-0001) to allow for a new recreational facility at 13891 Ciceroni Lane, the Planning Commission finds in accordance with Section 10-1.1007(1) of the Los Altos Hills Municipal Code as follows:
a. The proposed use or facility is properly located in relation to the community as a whole, land uses, and transportation and service facilities in the vicinity.
The proposed facility is surrounded by residential land uses. As conditioned, the structure will be reserved for private use only, effectively making it an enclosed sports court. Given the limitations on use, it is appropriate to consider the structure an accessory residential use, albeit a large one. The proposed facility is located on a property at the end of a cul-de-sac with two neighboring properties and three properties across the Fremont Road right-of-way. The structure is proposed with a 48-foot setback from the Ciceroni Lane right-of-way, which places it over 160 feet from Fremont Road, a main arterial into the Town. As the property is at a higher elevation than surrounding properties and the structure being located 48 feet from the Ciceroni Lane, it will be visible to several neighboring properties; however, the structure is designed to appear single-story from Ciceroni Lane. This location off a Ciceroni Lane, which serves only five other properties will not impact transportation or service facilities, especially as conditioned.
b. The site for the proposed use is adequate in size and shape to accommodate the proposed use and all yards, open spaces, walls and fences, parking, loading, landscaping, and such other features as may be required by this chapter or, will be needed to assure that the proposed use will be reasonably compatible with land uses normally permitted in the surrounding area.
The large size of the property and moderate slopes within the building envelope result in a site with ample room to accommodate the structure and comply with all requirements of the Zoning Code. The required setbacks to the structure provide adequate room for reasonable landscape screening to ensure that the proposed use will be compatible with the surrounding land uses.
c. The site for the proposed use will be served by streets and highways or adequate width and pavement to carry the quantity and kind of traffic generated by the proposed use.
The property is currently served by a street of adequate width for the existing land uses on the subject property and neighboring properties. The proposed use will be restricted to private, residential use and, therefore, will not generate a significant increase in traffic as there is currently a single-family residence on the property.
d. The proposed use will not adversely affect the abutting property of the permitted use thereof.
The visual impact of the structure to the abutting properties has been minimized to the extent possible based on the design of the structure, which has been sunken into the slope, and will be further reduced by the required landscape screening. The structure is designed in
Resolution ____-23 Page 4
compliance with the Municipal Code, making its visual impact similar to other large residences in the greater area.
2. With regard to the Site Development Permit (SD20-0086) to allow for a new recreational facility at 13891 Ciceroni Lane, the Planning Commission finds in accordance with Section 10-2.102 of the Los Altos Hills Municipal Code as follows:
a. The proposed development is in compliance with all regulations and policies set forth in the Site Development ordinance.
The proposed new recreational building and associated improvements comply with all applicable regulations and policies set forth in the Site Development Ordinance because the project does not exceed maximum floor area and development area, is within the building height limit, exceeds the required building setbacks and is in compliance with the Town’s Grading Policy and all other applicable requirements in the Site Development Ordinance.
Resolution ____-23 Page 5
EXHIBIT B
CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL
13891 Ciceroni Lane – File # CUP21-0001
1. No other modifications to the approved plans or use of the structure are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes.
2. A review of this Use Permit shall be conducted two (2) years from the date of final inspection and every ten (10) years thereafter or upon ownership transfer to assure compliance with conditions and all conditions shall be subject to amendments and/or additional conditions as necessary.
3. The Planning Director may, at any time, schedule an inspection of the property to confirm compliance with the Conditional Use Permit. If the facility is being used inconsistently with the approved Use Permit or is not complying with any of the conditions, a public hearing before the Planning Commission may be required. Additionally, any alteration, demolition, reconstruction or additions to the structure may require an amendment to the Use Permit.
4. The facility shall be limited to private, residential use by the owner and guests only. The facility is not permitted to be used for commercial purposes or otherwise rented.
5. The facility’s hours of operation, use by individuals who do not reside on the property, shall be between 8:00 am and 10:00 pm on weekdays and between 9:00 am and 10:00 pm on weekends, and all use of the facility shall be consistent with the limitation on persons and sound-producing or amplifying devices during the “nighttime” as defined in the Town’s Noise Ordinance (Chapter 2 of Title 5).
6. The facility’s exterior lights shall be turned off between the hours of 10:00 pm and 8:00 am on weekdays and 10:00 pm and 9:00 am on weekends consistent with the hours of operation listed herein.
7. Events or parties hosted at the facility shall be for private use by the owner and shall not be commercial or for-profit.
8. No parking is allowed on Ciceroni Lane for gym activities.
Project approval may be appealed if done so in writing within 23 days of the date of the approval.
Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.
Resolution ____-23 Page 6
Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval.
NOTE: The Site Development permit is valid for one year from the approval date (March 4, 2024).
All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years.
Resolution ____-23 Page 7
EXHIBIT C
SITE DEVELOPMENT PERMIT CONDITIONS OF APPROVAL
13891 Ciceroni Lane – File # SD20-0086
PLANNING DEPARTMENT
1. No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes.
2. The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the new residence shall be 36 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees.
3. The property owner shall dedicate to the Town a pathway easement wide enough to accommodate a Type 2B pathway along Fremont Road. Easement width to be determined by Planning Department and Pathways Committee in cooperation with the property owner. The property owner shall provide plat map and legal description prepared by a registered civil engineer or licensed land surveyor and the Town shall prepare the dedication document. Plat map and legal description of agreed upon easement shall be submitted to and approved by the Town prior to Building Permit Issuance and recorded prior to final inspection.
4. All existing Blue Gum (E. globulus), Pink Ironbark (E. sideroxylon rosea), River Red Gum (E. camaldulensis), Swamp Gum (E. rudis), Honey Gum (E. melliodora), or Manna Gum (E. viminalis) eucalyptus trees on the property located within 150’ of any structures or roadways shall be removed prior to final inspection of the new residence. Removal of eucalyptus trees shall take place between the beginning of August and the end of January to avoid disturbance of nesting birds protected under the Federal Migratory Bird Treaty Act (MBTA) and California Department of Fish and Game Code Section 3500 et seq unless a nesting bird survey is first conducted and there is a determination that there are no active nests within the tree.
5. The property owner shall remove all Stinkwort (Dittrichia graveolens) plants from the entire property and in the road right-of-way by manual pulling or use of herbicide by October 1st of each year until the final approval of the project.
6. North facing windows shall have automatic coverings or window tinting. Automatic coverings shall be shown on building permit plan set. Window tinting shall be noted on building permit plan set.
7. Skylights shall have automatic coverings to reduce light emission at night. Automatic coverings shall be shown on building permit plan set.
8. Remove three (3) wall sconces on eastern wall at bocce ball court to one (1) for the doorway.
9. Remove five (5) recessed lights at northern roof overhang to two (2) over the rock climbing wall.
Resolution ____-23 Page 8
10. Pathways within setbacks shall not exceed four feet in width. Stairways are not permitted within setbacks.
11. Roof eaves of all structures shall not encroach into the required side and rear yards. The roof eaves shall be shown on the site plans in the set of construction drawings.
12. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material). No lighting may be placed within skylight wells.
13. Fire retardant roofing (Class A) is required for all new construction.
14. All space heating and water heating systems installed in a new residence and/or detached habitable building shall be all-electric systems. Gas or propane heating systems are not permitted. If gas cooking or clothes drying appliances are installed, then dedicated electrical receptacles and circuits will be required to allow for future electric appliances. Fireplaces and all outdoor gas appliances are excluded from these requirements.
15. All construction shall comply with Section R337 of the 2019 California Residential Code (Materials and Construction Methods for Exterior Wildfire Exposure).
16. No new fencing is approved as shown on the plans. Any additional or modified fencing or gates shall require review and approval by the Planning Department prior to installation.
17. All exterior lighting fixtures shall be down directed or shielded non-movable fixtures. Exterior lighting on the new residence is approved as shown on the plans. Landscape lighting is not approved at this time and shall be submitted with the required landscape screening plan. Any changes to the approved lighting plan shall be approved by the Planning Department prior to installation. No lighting may be placed within setbacks except two driveway or entry lights.
18. All construction shall comply with 2019 California Green Building Standards Code, Part 11, Title 24 mandatory measures. The property owner shall provide a 2019 CalGreen Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal.
19. Prior to beginning any grading operation, all significant trees, particularly any heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chainlink) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period.
20. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof materials shall have a light reflectivity value of 40 or less, per manufacturer specifications. All color samples shall be submitted to the Planning Department for approval prior to issuance of the building permit. All applicable structures shall be painted in conformance with the approved color(s) prior to final inspection.
Resolution ____-23 Page 9
21. All properties shall pay School District fees to either the Los Altos School District or the Palo Alto Unified School District, as applicable, prior to building permit issuance. The applicant shall take a copy of worksheet #2 to school district offices (both elementary and high school in the Los Altos School District), pay the appropriate fees and provide the Town with a copy of the receipts.
22. After completion of rough framing or at least six (6) months prior to scheduling a final inspection, the applicant shall submit landscape screening and erosion control plans for review by the Planning Commission. The application for landscape screening and erosion control shall be accompanied by the applicable fee and deposit. The plans shall be reviewed at a noticed public hearing. All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection of the new structure.
The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code.
23. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new structure. Two years after the project has been completed, staff will review the water usage for the property and conduct a site inspection to ensure installed landscape screening is still present and has been adequately maintained. Inadequate maintenance of installed landscape screening and/or water usage greater than the annual usage indicated on the approved parcel water budget worksheet, may result in complete forfeiture of this deposit.
24. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the location of the new gym and roof eaves, are no less than 40’ from the front property line and 30’ from the side and rear property lines.” The elevation of the new structure shall be similarly certified in writing to state that “the elevation of the new structure matches the elevation and location shown on the Site Development plan.” The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection.
25. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the height of the new structure complies with the 27’ maximum structure height, measured as the vertical distance at any point from the bottom of the crawl space or basement ceiling if excavated below natural grade, to the highest part of the structure directly above (including roof materials).” The overall structure height shall be similarly certified in writing and state that “all points of the building (including chimneys and appurtenances) lie within a thirty-five (35’) foot horizontal band based, measured from the lowest visible natural or finished grade topographical elevation of the structure along the building line and the highest topographical elevation of the roof of the structure.” The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection.
ENGINEERING DEPARTMENT
26. Any, and all, changes to the approved grading and drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading restriction (October 1st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.
Resolution ____-23 Page 10
27. All public utility services serving this property shall be placed underground. The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 6-8 months.
28. An encroachment permit shall be obtained from the Public Works Department for all work proposed in the public right-of-way. No work within the public right-of-way shall commence without an encroachment permit.
29. The property owner shall provide the Town with high-quality color photographs of the existing conditions of the roadways and pathways, at time of submittal for building permit.
30. The property owner shall be required to connect to the public sanitary sewer prior to final inspection. A sewer hookup permit shall be required by the Town’s Public Works Department, at time of submittal for building permit. An encroachment permit shall be required for all work proposed within the public right of way prior to start of work.
31. The property owner shall provide a copy of the Residential Service Design Load Information to the Public Works Department, at time of submittal for building permit.
32. Two copies of a Grading & Construction Operation plan shall be submitted by the property owner for review and approval by the City Engineer and Planning Director, prior to acceptance of plans for building permit plan check. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Ciceroni Lane and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits.
33. The property owner shall pay a pathway fee of $10,943, prior to building permit issuance.
34. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department.
35. Two copies of an Erosion and Sediment Control plan shall be submitted for review and approval by the Engineering Department. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control.
36. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town, prior to final inspection.
37. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted, prior to final inspection.
Resolution ____-23 Page 11
38. The property owner shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways, prior to final inspection.
FIRE DEPARTMENT
39. An automatic residential fire sprinkler system approved by the Santa Clara County Fire Department shall be included in all portions of the building. Three sets of plans prepared by a sprinkler contractor shall be submitted to the Santa Clara County Fire Department Fire Prevention Division (16795 Lark Avenue, Suite 200, Los Gatos, CA 95032) for review and approval. The sprinklers shall be inspected and approved by the Fire Department, prior to final inspection and occupancy of the new structure.
40. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard Detail and Specifications S1-7. Provide appropriate notations on subsequent plan submittals, as appropriate to the project.
41. Potable water supplies shall be protected from contamination cause by fire protection water supplies. The applicant and any contractors shall contact the water purveyor supplying the site of such project, and shall comply with the requirements of that purveyor. These requirements shall be incorporated into the design of any water-based fire protection systems, and/or fire suppression water supply systems or storage.
42. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that it is plainly visible and legible from the street or road fronting the property. Numbers shall be a minimum of four-inches high with a minimum stroke width of 0.5 inch (12.7 mm) and shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.
43. Provide an access driveway with a paved all weather surface capable of supporting apparatus weighing at least 75K pounds, a minimum unobstructed width of 14 feet, vertical clearance of 13 feet 6 inches, minimum circulating turning radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1.
Project approval may be appealed if done so in writing within 23 days of the date of the approval.
The building permit cannot be issued until the appeal period has lapsed. The applicant may submit construction plans to the Building Department after the appeal period provided the applicant has completed all conditions of approval required prior to acceptance of plans for building plan check.
Please refer to the Conditions of Project Approval set forth herein. If you believe that these Conditions impose any fees, dedications, reservation or other exactions under the California Government Code Section 66000, you are hereby notified that these Conditions constitute written notice of a statement of the amount of such fees, and/or a description of the dedications, reservations, and other exactions.
You are hereby further notified that the 90-day approval period in which you may protest such fees, dedications, reservations, and other exactions, pursuant to Government Code Section 66020(a), has begun. If you fail to file a protest within this 90-day period complying with all of the requirements of Section 66020, you will be legally barred from later challenging such exactions.
Resolution ____-23 Page 12
Upon completion of the construction, a final inspection shall be required to be set with the Planning and Engineering Departments two weeks prior to final building inspection approval.
NOTE: The Site Development permit is valid for one year from the approval date (March 4, 2024).
All required building permits must be obtained within that year and work on items not requiring a building permit shall be commenced within one year and completed within two years.
TOWN OF LOS ALTOS HILLS March 4, 2021
Staff Report to the Planning Commission
SUBJECT: 13891 Ciceroni Lane – File #CUP21-0001 and SD20-0086 – Lands of Campo Vista Lane LLC
Conditional Use Permit and Site Development Permit for a new 10,016 square-foot recreation building (gym) with a 1,301 square-foot basement and 2,015 square feet of new patios and walkways.
FROM: Jeremy Loh, Assistant Planner
APPROVED: Zachary Dahl, AICP, Planning and Building Director RECOMMENDATION: That the Planning Commission:
Adopt the Resolution (Attachment 1) to APPROVE the Conditional Use Permit and Site Development Permit, subject to the listed findings and conditions of approval.
BACKGROUND
The subject property is a 4.80-acre lot (4.77 acres net) that is located at the end of Ciceroni Lane, a cul-de-sac street, with the rear abutting Fremont Road. The lot is relatively flat near Ciceroni Lane, with more moderately slopes moving down to Fremont Road at the northerly and easterly property lines. The site is currently developed with a 1,940 square-foot single-family residence, multiple gravel driveways and walkways, and other improvements including vegetable beds.
The subject property was originally 1.26-acres in size, however a lot-line adjustment (LLA19- 0001) that included this site and two adjacent properties (13902 Campo Vista Lane and 13880 Ciceroni Lane) was reviewed and approved in October 2020. The lot-line adjustment resulted in the subject property merging with 13880 Ciceroni Lane (1.02-acres) and taking a 2.52-acre portion of 13902 Campo Vista Lane, which resulted in the current size of 4.80 acres.
The proposed recreation building is located on an area of the site that is currently developed with existing vegetable beds and was formerly within the 13880 Ciceroni Lane property. This location previously had a 9,051 square-foot single-family residence with a maximum height of 36’-7”. An addition and remodel to this residence was approved at the October 17, 2006 Fast Track public meeting and the approval was subsequently upheld by the City Council. However, the application was ultimately withdrawn, and the residence demolished in October of 2007 without a new structure ever being built.
CODE REQUIREMENTS
Per Section 10-1.703 of the Los Altos Hills Municipal Code, a recreational facility is a conditional use allowed in the R-A (Residential-Agricultural) Zoning District provided that it is not used commercially or for profit. The Planning Commission is the approving authority for conditional uses in the R-A District, including recreational facilities and buildings used for games or sports.
Attachment 2
Planning Commission Page 2
Recreational Facility at 13891 Ciceroni Lane
March 4, 2021
Per Section 10-2.301 of the Los Altos Hills Municipal Code, a site development permit is needed for the construction of any structure or additions to structures which equal over 1,500 square feet of floor area and shall be approved by the Planning Commission at a noticed public hearing.
Alternatively, such structures may be approved by the Planning Director at a noticed public hearing subject to the Fast Track process outlined in Section 10-2.1305.1.
DISCUSSION
Project Description
The applicant is requesting a Site Development Permit to construct a new 10,016 square-foot gymnasium with a 1,301 square-foot basement. The footprint of the structure is 5,072 square feet with a 1,247 square-foot second story element and 3,697 square feet of internal area over 17 feet in height. The proposed structure and hardscape are within the maximum floor area (MFA) and maximum development area (MDA) permitted on the property, and the structure meets the 27-foot height limit, the required setbacks, and the on-site parking requirements for a primary dwelling.
The following table is a summary of the requested floor area and development area and the current maximums allowed by the Zoning Ordinance:
Site Data
Gross Lot Area: 4.799 acres
Net Lot Area: 4.771 acres
Average Slope: 18.04 percent
Lot Unit Factor: 3.949
Floor Area and Development Area
Area (sq. ft.) Maximum Existing Proposed Increase Remaining Development 47,329 17,389 28,603 +12,002 18,726
Floor 22,107 1,940 11,956 +10,016 10,151
Basement 0 1,301
Site Design and Architecture
The proposed structure is designed using a contemporary architectural style, which features a lowpitched standing seam metal roof, vertical wood siding, and metal accents. The roof is asymmetric with a 3.25:12 pitch on one side and a 2.375:12 pitch on the other. Additionally, the roof features multiple skylights aligned with windows along the sides. The structure is located 35’-1” from the nearest easterly property line, 48 feet from the southern property line adjacent to Ciceroni Lane, 152 feet from the nearest northerly property line, and 252 feet from the western property line. As mentioned above, the structure has a footprint of 5,072 square feet with a 1,247 square-foot second story element. The structure is partially buried into existing grade so that the second-floor access is at existing grade, partially giving it a single-story appearance from the cul-de-sac. The 1,301 square-foot basement shares a stairwell with the second-floor element and features a media room and storage spaces.
The first floor features an indoor basketball court, storage and mechanical spaces, a half bathroom, wet bar, and cubby/locker space. The second floor features a mezzanine area to view the indoor basketball court, a full bathroom, a changing room with full bathroom, and a studio space.
Planning Commission Page 3
Recreational Facility at 13891 Ciceroni Lane
March 4, 2021
Site improvements include revised and expanded driveway area, gravel walkways, new lawn area, and new bocce ball court. Beneath the north facing roof overhang is a concrete patio area with rock climbing wall.
Conditional Use
While the Municipal Code defines an accessory structure or accessory use as a subordinate structure or use to the primary use (single-family residence), a recreational facility is defined as a conditional use. Structures associated with conditional uses within Los Altos Hills are often times larger than or within the primary use of the property. The list of conditional uses includes places of worship, large daycare homes, recreational facilities, commercial stables and even public libraries or schools. The properties within Los Altos Hills where conditional uses have been approved typically do not include a primary residence. Well known examples include Gardner Bullis Elementary School, Saint Luke’s Chapel In The Hills, and Fremont Hills Country Club.
The proposed recreational facility will be for private use only. The applicant provided a letter, included as Attachment 2, stating that the facility will not be for-profit or commercial and that it is intended for private use by the property owner and their family. As a conditional use, reasonable conditions of approval may be applied to the project to minimize impacts and ensure compliance with the private, residential use of the property. A landscape screening plan shall be required, as is standard for new structures. The Conditional Use Permit (CUP) conditions of approval include restricting the facility to private users and prohibiting commercial activities, and outlining the hours of use and noise generating activities. Any modifications or changes to use of the structure, if approved, would require additional review by the Planning Director and/or the Planning Commission. If the facility is used in a way that is inconsistent with the conditions or the Zoning Code, a public hearing before the Planning Commission would be scheduled to consider the issues and consider changes and/or potential revocation of the CUP. All of the conditions of approval for the CUP are listed in Exhibit B of the Resolution (Attachment 1).
Driveway & Parking
The site is currently accessed off Ciceroni Lane and the existing access will be unchanged. The existing driveway area will be extended to include an area for two additional parking spaces for the existing residence as required by the Town’s off-street parking requirement of four spaces with a minimum of two covered spaces. The existing residence has a detached two-car garage.
Fencing & Gates
No new fencing or gates are proposed with this application.
Outdoor Lighting
Outdoor lighting fixture locations are shown on Sheets A2.11 and A2.12 of the plan set. The proposed outdoor lighting consists of recessed ceiling lights, wall sconces and floor-mounted uplights. The four up lights are located within the second-floor entry walkway. The proposed uplights emit 28 lumens with a color temperature of 3000K. The seven recessed ceiling lights are located in the roof overhang to the north of the structure. Given the high ceiling height, the proposed recessed ceiling lights emit 2,240 lumens with a color temperature of 3000K. Seven wall scones are located around the perimeter of the structure, with four along the eastern wall. The
Planning Commission Page 4
Recreational Facility at 13891 Ciceroni Lane
March 4, 2021
proposed wall sconces emit 800 lumens with a color temperature of 3000K. Any new outdoor or landscape lighting beyond what is shown on these plans will be reviewed and approved by the Planning Department as part of the required landscape screening application.
Grading & Drainage
The proposed grading and drainage plan complies with the Town’s Grading Policy due to the relatively flat area selected for the new recreation structure. The project location was previously graded for a residence that has since been demolished. The proposed grading quantities include:
• 1,420 cubic yards of cut
• 385 cubic yards of fill
• 1,035 cubic yards export
The proposed drainage design directs water from all new development areas into earthen swales and area drains and conveys the water to one solid retention pipe with a volume of 503 cubic feet.
The system is designed to contain 114% of the calculated 441 cubic feet of runoff from the project.
As the retention pipe is solid, a sump pump is proposed to empty the pipe between storm events.
The remaining sheet flow patterns that existed on the site before development will be unaltered.
The Engineering Department has reviewed and approved the proposed project and their conditions are included in the Resolution (Attachment 1).
Geotechnical Review
The structure is located in Geotechnical Hazard Zone A on the Town’s Geotechnical Hazards Map prepared by Cotton, Shires & Associates. Geotechnical Hazard Zone A indicates standard constraints apply to the foundation design and a geotechnical report was not required as part of the Site Development Permit process.
Trees & Landscaping
The subject property is well-forested, with multiple heritage oak trees throughout the 4.78-acre site. The immediate project location within the property is relatively bare of existing trees and graded with minimal slope due to the demolition of a single-family residence. The topographic survey prepared by Lea & Braze Engineering shows multiple vegetable beds in the project location, but no heritage oaks or other trees that will need to be removed.
Fire Department Review
The Santa Clara County Fire Department reviewed the proposed plans and provided requirements which have been incorporated into the conditions of approval. These requirements include installation of an automatic fire sprinkler system throughout the structure, compliance with construction site fire safety criteria, separation of potable water and fire suppression water supplies, and provision of visible property address numbers.
Sanitation
The new structure will connect to the existing sewer line that is located within the Ciceroni Lane right-of-way. No additional easements are required for this connection.
Town Committee Review
Planning Commission Page 5
Recreational Facility at 13891 Ciceroni Lane
March 4, 2021
The Pathways Committee reviewed a new residence application (File #SD20-0022) at the neighboring property at 13902 Campo Vista Lane at their May 14, 2020 regular meeting. The minutes are included as Attachment 3. The Committee discussed the potential for future public paths along the Fremont Road and Campo Vista Lane frontages. While the motion to request a pathway along Campo Vista Lane did not pass, a motion to request a pathway along the south side of Fremont Road, the property’s frontage, did pass with a 4-2 vote. The request for a pathway along Fremont Road has potential to affect the subject property due to spatial and topographic constraints within the Fremont Road right-of-way. The Pathways Committee also requested that a future pathway alignment on the south side of Fremont Road be staked out to determine if a pathway easement adjacent to the public road right-of-way would be required on the subject property to provide sufficient area for a future pathway. Payment of a pathway fee ($10,943) will be required prior to building permit issuance.
As outlined in the Pathways Element of the Town’s General Plan, Fremont Road is identified as a road that should have pathways on both sides. With the exception of the segment between Campo Vista Lane and Robleda Road, Fremont Road currently has pathways on both sides. For this segment of Fremont Road, there is a pathway on the north side of Fremont Road that is wider than typically required, paved, and separated from vehicular traffic by a safety barrier. A pathway on the south side of Fremont Road (along the subject property’s frontage) would be very challenging to install due to the topography, off-center alignment of Fremont Road, and existing improvements and retaining walls at the edge of pavement at the bottom of the slope. The topography in this area, combined with the paved portions of the right-of-way being off-center and closer to the property line makes designing and locating a pathway difficult due to limited space. A pathway that meets the Town’s design standards and a new safety barrier would require dedication of a pathway easement on the subject property near the “S-curve”. Existing trees and vegetation would need to be cleared or the pathway would need to be located further up the slope (requiring additional easement dedication) to design a compliant and safe pathway. The retaining wall near the bottom of the slope poses another challenge to the design of a pathway as it transitions down to street level. It appears likely that the retaining wall would need to be modified and/or rebuilt to accommodate a new pathway that meets Town standards and provides appropriate pedestrian safety along this segment of Fremont Road. The existing pathway on the north side of Fremont Road adequately serves pedestrian traffic in the area and provides a safe connection to Robleda Road, where the pathway on the other side of Fremont Road resumes. Therefore, staff does not recommend seeking additional pathway easements or studying a potential pathway alignment along the southern side of Fremont Road on this segment.
The Environmental Design and Protection Committee conducted a site visit and provided a report to staff on December 4, 2020 (Attachment 4). The report included comments that the application should be reviewed by Planning Commission, that accessory buildings should be designed to be secondary to the primary dwelling, that a condition of approval should be included to restrict use of the recreational facility to the property owner and that exterior lighting should be reduced.
Replacement trees and visible impacts will be addressed through the required landscape screening application, which will be routed to the EDPC for review. Lighting was not reduced due to the majority of the fixtures facing away from the nearest property lines under the roof overhang and in the covered second-floor entry way. The four wall sconces located on the eastern face of the structure will be the most visible.
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Recreational Facility at 13891 Ciceroni Lane
March 4, 2021
The Open Space Committee provided comments to staff on December 9, 2020 (Attachment 5) and requested that an Open Space Easement be recorded over the sloped areas immediately adjacent to the Fremont Road right-of-way. While the portions of the property recommended for an open space easement are over 30 percent in slope, they are mostly within the required building setbacks, are not contiguous with other open space easements, are not located within a designated Open Space Conservation Area, and the entire property is currently fenced. Therefore, staff does not recommend dedication of an Open Space Easement over a portion of this property.
PUBLIC NOTICE AND COMMENT
On February 19, 2021, public hearing notices were sent to all property owners within a 500-foot radius of the project site and posted at the Ciceroni Lane cul-de-sac. To date, staff has not received any comments from any neighbors or members of the public.
ENVIRONMENTAL REVIEW
The proposed structure is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303, which allows for the construction of new accessory structures in single-family districts.
CONCLUSION
The proposed recreational building meets the Town’s requirements for floor area, development area, setbacks, and height. A separate Landscape Screening application will be required to be reviewed and approved at a Site Development public hearing. However, the Landscape Screening application can be brought back to the Planning Commission for approval if desired. Additionally, the recommended conditions of approval, which limit the use of the recreational facility as well as hours of operation, should minimize any potential impacts to the adjacent properties and surrounding neighborhood. Thus, there appears to be sufficient basis to approve the Conditional Use Permit and Site Development permit for the new recreational building and associated improvements.
ATTACHMENTS
1. Resolution with Findings and Conditions of Approval
2. Applicant Letter on Project Use
3. Pathways Committee Meeting Minutes, May 14, 2020
4. Environmental Design and Protection Committee Report
5. Open Space Committee Comments
6. Project plans (12 sheets) – Planning Commission only
Approved April 1, 2021
1 Planning Commission Regular Meeting March 4, 2021 Minutes Town of Los Altos Hills
Planning Commission Regular Meeting
March 4, 2021 Minutes
Council Chambers, 26379 Fremont Road, Los Altos Hills, California
1. ROLL CALL AND PLEDGE OF ALLEGIANCE
Via teleconference according to the Governor’s Executive Order N-29-20, Chair Patel called the Planning Commission meeting to order at 6:00 p.m.
Present: Commissioner Smith, Commissioner Couperus, Commissioner Waschura, ViceChair Indaco, Chair Patel, Staff: Planning Director Dahl, Assistant Planner Loh, Assistant Planner Yost, Management Analyst Einfalt, Planning Technician Brunner
2. PRESENTATIONS FROM THE FLOOR
No presentations from the floor.
3. APPROVAL OF MINUTES
3.1 Approval of February 4, 2021 Regular Meeting Minutes MOTION MADE AND SECONDED: Motion by Commissioner Waschura approve the February 4, 2021 Regular Meeting Minutes as presented. The motion was seconded by Commissioner Smith
AYES: Commissioner Couperus, Commissioner Smith, Commissioner Waschura, Vice-Chair Indaco, Chair Patel
NOES: None
ABSENT: None
ABSTAIN: None
MOTION: Carried 5-0
4. PUBLIC HEARINGS
Planning Commission Ex Parte
Commissioner Couperus had communications with Vice-Chair Indaco on Item 4.1.
Commissioners Smith and Waschura had no ex parte communications.
Vice-Chair Indaco had communications with Commissioner Couperus, Carol Gottlieb with the Environmental Design & Protection Committee (EDPC), Project Architect Heera Basi, Property Manager Patrick, Bob Elson & Judy Nagy with the Pathways Committee on Item
4.1; and the general contractor for Dennis Brothers on Item 4.2.
Chair Patel had communications with the Project Architect, Heera Basi, property manager Patrick, and exchanged an email with Bob Elson from the Pathways Committee on Item 4.1.
Attachment 3
Approved April 1, 2021
2 Planning Commission Regular Meeting March 4, 2021 Minutes Chair Patel proposed, and the Commission unanimously supported, consideration of Item 4.2 before Item 4.1.
4.1 13891 Ciceroni Lane – File #CUP21-0001 and SD20-0086 – Lands of Campo Vista Lane LLC
Request for a Conditional Use Permit and Site Development Permit for construction of a new 10,016 square-foot recreation center (gym) and 2,015 square feet of new patios and walkways.
CEQA Review: Categorical Exemption per Section 15303
Staff: Jeremy Loh
Chair Patel opened the PUBLIC HEARING.
Assistant Planner Loh presented the staff report.
Heera Basi, project architect, and Patrick Tremo, property manager, presented the project and use permit request for the proposed gym, noting that they were amenable to the suggested lighting modifications and that the property would be able to provide the necessary parking for the use on-site.
Public Comment
Bob Elson, Chair of the Pathways Committee, requested that pathway easement along the property’s Fremont Road frontage be dedicated to allow for the future development of a pathway on this die of Fremont Road and asked that a future pathway alignment be staked out.
Carol Gottlieb, a member of the EDPC, commented that the accessory building was not secondary to the main dwelling in terms of size, that the proposed exterior lighting would be too bright and suggested screening the skylights to minimize glare at night.
Judy Nagy, a member of the Pathways Committee, spoke in favor of developing a pathway along south side of Fremont Road adjacent to the property.
Alisa Bredo, a member of the Pathways Committee, spoke in favor of developing a pathway along south side of Fremont Road adjacent to the property.
Heera Basi, the applicant's architect, offered a rebuttal regarding the comments requesting a pathway easement along the property’s Fremont Road frontage.
Chair Patel closed the PUBLIC HEARING.
Commission Discussion
Vice-Chair Indaco shared a presentation, expressing concerns related to parking impacts, reducing exterior lighting, adding covers to the skylights, adding a pathway easement along Fremont Road and including an annual review of the conditional use permit in the future to ensure the use was not impacting the neighborhood.
Commissioner Waschura expressed support for dedicating a pathway easement along Fremont Road and ensuring that there was sufficient on-site parking.
Approved April 1, 2021
3 Planning Commission Regular Meeting March 4, 2021 Minutes Commissioner Couperus expressed support for dedicating a pathway easement along Fremont Road and reviewing the amount of exterior lighting, noting that a pathway along the south side of Fremont Road was feasible to construct.
Commissioner Smith expressed support for dedicating a pathway easement along Fremont Road and noted the need to mitigate the gym’s exterior lighting.
Chair Patel agreed with Vice-Chair Indaco's concerns and suggestions, noting that the use permit should be reviewed two years after final to align with when the landscape screening would be reviewed, that an open space easement was not necessary, that a pathway easement along Fremont Road should be dedicated, and that the landscape screening pan should be approved by the Commission.
MOTION MADE AND SECONDED: Motion by Vice-Chair Indaco to ADOPT the Resolution (Attachment 1) to APPROVE the Conditional Use Permit and Site Development Permit, subject to the listed findings and conditions of approval with the following additional conditions:
1. The CUP shall be reviewed by the Commission two (2) years after the gym is finaled and reviewed on ten (10) year intervals or upon change of ownership after that.
2. The property owner shall dedicate to the Town a pathway easement wide enough to accommodate a 2B pathway along the south side of Fremont Road. The easement width will be determined by Planning department and Pathways Committee in cooperation with the property owner. Plat and legal description of agreed upon easement shall be submitted to and approved by the Town prior to Building permit issuance and recorded prior to final inspection.
3. Require window tinting or automatic window coverings for north facing windows, where the rock-climbing wall is located.
4. Require automatic window coverings for skylights to reduce light emanation at night.
5. Remove three (3) of the wall sconces on the eastern wall near the bocce court, leaving one (1) for the doorway.
6. Remove five (5) of the exterior recessed lights on the north-facing wall, leaving two (2) over the rock-climbing wall.
7. No parking on Ciceroni Lane for gym activities shall be permitted.
8. The landscape screening plan shall be reviewed and approved by the Planning Commission.
The motion was seconded by Commissioner Waschura.
AYES: Commissioner Couperus, Commissioner Waschura, Commissioner Smith, Vice-Chair Indaco, Chair Patel
NOES: None
ABSENT: None
ABSTAIN: None
MOTION: Carried 5-0
Approved April 1, 2021
4 Planning Commission Regular Meeting March 4, 2021 Minutes
4.2 13875 Mir Mirou Drive – File #SD20-0092 – Lands of Somekh Site Development Permit for landscape screening associated with a previously approved single-family residence with a main level and partial basement.
CEQA Review: Categorical Exemption per Section 15304(b) Staff: Krista Yost
Chair Patel opened the PUBLIC HEARING.
Assistant Planner Krista Yost presented the staff report.
John Aldrich, project landscape architect, presented the landscaping plan and addressed questions regarding the location of the pool equipment, the pool lighting, the retaining wall, and the landscaping plan.
Public Comment
Carol Gottlieb, a member of the EDPC, commented that the new fencing near the open space conservation easement should be wildlife friendly.
Chair Patel closed the PUBLIC HEARING.
Commissioner Discussion
Commissioner Waschura expressed general support for the project, noting that the amount of exterior lighting could be reduced, but that a certain amount is necessary to provide safety and visibility.
Vice-Chair Indaco shared a presentation, noting concerns related to the amount of exterior lighting proposed, that this location is very visible to surrounding properties and that the new oak trees should be move up the slope toward the house to improve the landscape screening.
Commissioner Couperus expressed general support for the project.
Commissioner Smith expressed general support for the project, noting that the number of exterior lights was appropriate to provide safety and visibility.
Chair Patel expressed general support for the project, noting that the number of exterior lights was appropriate and that box sizes of the new oak trees could be increased.
Commission discussion ensued regarding the number and placement of the proposed pathway lighting and if additional trees were necessary to provide appropriate screening.
FIRST MOTION MADE AND SECONDED: Motion by Vice-Chair Indaco to ADOPT the Resolution (Attachment 1) to APPROVE the Site Development Permit, subject to the listed findings and conditions of approval with the following additional conditions:
• Move the four new oak trees to the 30-foot setback line along the south property line.
• Plant two additional oaks trees at the southern corner of the pool for additional screening.
Approved April 1, 2021
5 Planning Commission Regular Meeting March 4, 2021 Minutes • Reduce the number of pathway lighting fixtures by 25%.
The motion was seconded by Commissioner Waschura.
AYES: Vice-Chair Indaco
NOES: Commissioner Couperus, Commissioner Waschura, Commissioner Smith, Chair Patel
ABSENT: None
ABSTAIN: None
MOTION: Failed 1-4
SECOND MOTION MADE AND SECONDED: Motion by Commissioner Couperus to ADOPT the Resolution (Attachment 1) to APPROVE the Site Development Permit, subject to the listed findings and conditions of approval with the following additional conditions:
• Move the four new oak trees to the 30-foot setback line along the south property line.
• Plant two additional oaks trees at the southern corner of the pool for additional screening.
• Plant additional shrubs along the exterior pathway adjacent to the southern property line to screen the path lights.
The motion was seconded by Vice-Chair Indaco.
AYES: Commissioner Couperus, Commissioner Waschura, Commissioner Smith, Vice-Chair Indaco, Chair Patel
NOES: None
ABSENT: None
ABSTAIN: None
MOTION: Carried 5-0
5. REPORTS FROM THE CITY COUNCIL MEETINGS
5.1 Upcoming Meeting Assignments
• March 18, 2021 – Vice-Chair Indaco
• April 15, 2021 – Commissioner Smith
• May 20, 2021 – Chair Patel
Chair Patel confirmed upcoming meeting assignments with the Commissioners.
5.2 Past Meetings Reviews
• February 5, 2021 (special meeting) – Commissioner Couperus • February 18, 2021 – Commissioner Waschura
Commissioner Couperus shared highlights of the past City Council special meeting.
Commissioner Waschura shared highlights of the past City Council regular meeting.
Approved April 1, 2021
6 Planning Commission Regular Meeting March 4, 2021 Minutes
6. REPORTS FROM FAST TRACK / SITE DEVELOPMENT MEETINGS
6.1 February 16, 2021
• 13781 Ciceroni Lane - File #SD20-0083 – Lands of Stalder Site Development Permit for a new 6,279 square-foot, two-story residence with an attached two-car garage, a 519 square-foot detached garage, and a 1,000 square-foot detached accessory dwelling unit (ADU). • 13902 Campo Vista Lane – File #SD20-0022 – Lands of Campo Vista Lane LLC
Site Development Permit for a new 3,554 square-foot, single-story residence with a 2,853 square-foot basement, a detached 660 square-foot carport, and a detached 1,181 square-foot accessory dwelling unit)
6.2 February 23, 2021
• 27985 Central Drive - File #SD20-0079 – Lands of Lewis-Kotadia Site Development Permit for landscape screening and new fencing for an approved two-story residence
• 13940 La Paloma Road – File #SD20-0077 – Lands of Wang Site Development Permit for a new tennis court and fencing in the rear half of the property
6.3 March 2, 2021
• 27161 Fremont Road – File #SD20-0094 – Lands of Wu
Site Development Permit for a new 1,485 square-foot basketball court located adjacent to Fremont Road and Barron Creek and a fence exception for a sixfoot tall wrought iron fence located adjacent to a conservation easement where an open split-rail design is required. This project was originally considered by the Site Development Committee on the January 19, 2021.
Planning Director Dahl provided a summary of the past Site Development / Fast Track Public Hearing.
Commissioner Couperus asked for additional details on the project located at 27161 Fremont Road.
7. PLANNING DIRECTOR REPORT
Planning Director Dahl provided an update regarding the upcoming Town Hall addition, the possibility of hosting a Los Altos Hills Fire District staff member in Town Hall addition, the annual housing report that will be submitted to the State, and discussions of re-adopting the Wildlife Urban Interface (WUI).
8. ADJOURNMENT
Meeting was adjourned at 10:08 PM.
Respectfully submitted,
Keren Brunner
Planning Technician
Attachment 4
TOWN OF LOS ALTOS HILLS August 17, 2023
Staff Report to the City Council
SUBJECT: RESOLUTION APPROVING A TIME EXTENSION OF AN APPROVED SITE DEVELOPMENT PERMIT FOR A NEW RESIDENCE AND ADU AT 13902 CAMPO VISTA LANE; LANDS OF CAMPO VISTA LANE LLC; FILE #EX23- 0006, SD20-0022.
FROM: Jeremy Loh, Associate Planner
APPROVED: Peter Pirnejad, City Manager
RECOMMENDATION: That the City Council:
Adopt a Resolution (Attachment 1) approving a Time Extension to Site Development Permit #SD20-0022 for a new residence and ADU at 13902 Campo Vista Lane; the Lands of Campo Vista Lane LLC.
BACKGROUND:
The subject property is a large, flat lot located alongside Campo Vista Lane, a private road located off Fremont Road. The subject property is part of several adjacent lots under the same ownership totaling approximately 11.7 acres.
An application for Site Development Permit was submitted to the Town on March 10, 2020, a Fast Track public hearing was held on February 16, 2021 by the Planning Director and was approved.
The Fast Track City Council Memo is included as Attachment 2. The application was for a 2,891 square-foot, single-floor residence with a 2,853 square-foot basement as well as a 1,181 squarefoot ADU, and a 660 square-foot carport. The applicant subsequently submitted two building permit applications, one for the new residence and one for the ADU on March 23, 2021. Due to financial constraints caused by the Covid-19 pandemic, the applicant withdrew the primary residence application and continued with just the ADU application now serving as the primary residence. The permit for the ADU and carport was issued on August 30, 2021.
DISCUSSION:
Site Development Permit approvals are valid for a period of one year, during which time the applicant must obtain any necessary Building Permits. There may be multiple reasons preventing an applicant from obtaining their Building Permits in that time. Typical reasons include funding issues, family/health issues, or plan check issues. In this instance, the Site Development Permit was approved on February 16, 2021 and was set to expire on February 16, 2022. The time extension request currently under consideration (EX23-0006) was submitted to the Town on July 19, 2023 to allow for building permit submittal. As the submittal date is after the expiration date, City Council approval is required. The applicant cited the Covid-19 pandemic as the reason for the time AGENDA ITEM #4.T
J.L.
P.P.
City Council Page 2
13891 Ciceroni Lane Time Extension
August 17, 2023
extension request. Recognizing the difficulty of constructing such a project during the last two (2) years, Staff recommends approval of a two-year time extension. A two-year time extension is recommended as a one-year time extension from the original expiration date would be February 16, 2023 and still be expired. Granting of a two-year time extension from the original expiration date would set the new expiration date at February 16, 2024. Alternatively, the City Council can set a new expiration date.
CODE REQUIREMENTS
As stated in Section 10-2.1309 of the Site Development Ordinance, Site Development Permit approval shall expire if the work authorized by such permit has not commenced within one calendar year from the date of approval. Staff has taken this to mean the Building Permit must be issued within one year of the Site Development Permit approval. The Planning Director or designee may grant a reasonable extension of time if requested prior to the expiration date.
However, requests for a time extension submitted after the expiration date shall only be granted by the City Council.
Worth noting is the Code does not specify how long the time extension would be for. As a general practice, time extensions are for periods of one year per time extension. The City Council could approve longer time extensions if deemed reasonable. Staff’s recommendation is for a two-year time extension. Alternatively, the City Council can set a new expiration date.
ENVIRONMENTAL REVIEW:
A Time Extension request qualifies for the commonsense exemption outlined in California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), as it can be found with certainty that the activity in question is not a project and, therefore, not subject to the provisions of CEQA. The original approval of the new residence is categorically exempt outlined in CEQA Guidelines Section 15303(a), as the proposal was for a new single-family residence. 2023 CITY COUNCIL WORK PLAN:
This is not part of the 2023 City Council Work Plan as time extensions are, depending on applicability, part of the standard site development approval and building permitting processes.
FISCAL IMPACT:
There is no fiscal impact to the Town for review of time extensions as the Town requires payment of a fixed fee of $1,140 to cover staff time. This fee is adequate as there is limited staff time commitment due to there being no additional plan review, no public hearing, and only a memo.
ATTACHMENTS
1. Resolution Approving Time Extension
2. February 16, 2021 Fast Track City Council Memo
Resolution ____-23 Page 1
RESOLUTION ____-23
RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS
APPROVING A TIME EXTENSION OF AN APPROVED SITE DEVELOPMENT PERMIT AND CONDITIONAL USE PERMIT FOR A NEW RESIDENCE AND ADU AT 13902
CAMPO VISTA LANE
(LANDS OF CAMPO VISTA LANE LLC)
WHEREAS, Campo Vista Lane LLC (“Owner”) owns the property commonly known as 13902 Campo Vista Lane, Los Altos Hills, California (APN 175-23-075); and WHEREAS, the site development permit (SD20-0022) for a new residence and accessory dwelling unit was approved through the Fast Track process at a duly noticed Site Development Committee Meeting on February 16, 2021 with reasonable conditions of approval; and WHEREAS, due to the Covid-19 pandemic and financial reasons, the Owner submitted a Building Permit Application BLD21-0130 for just the accessory dwelling unit; and WHEREAS, the site development permit was set to expire on February 16, 2023 as the Town has adopted a Site Development Ordinance and, pursuant thereto, sets an expiration date for Site Development Permits at one (1) calendar year; and
WHEREAS, pursuant to the Site Development Ordinance, the City Council has the authority to grant reasonable extensions of time for Site Development Permits that have expired; and WHEREAS, the Owner has submitted a request for a Time Extension (EX23-0006) on July 19, 2023 so that they may submit a Building Permit Application for the previously approved new residence (SD20-0022); and
NOW, THEREFORE, BE IT RESOLVED the City Council of the Town of Los Altos Hills does hereby approve on behalf of the Owners, a one (1) year Time Extension (EX23-0006) of an approved Site Development Permit (SD20-0022) subject to the originally adopted conditions contained in Exhibit “A” and incorporated herein by reference.
The above and foregoing Resolution passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on the 17th day of August 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
BY: _______________________________
Linda Swan, Mayor
ATTEST:
______________________________
Deborah L. Padovan, City Clerk
Attachment 1
Resolution ____-23 Page 2
EXHIBIT A
CONDITIONS OF APPROVAL
13902 Campo Vista Lane – File # SD20-0022
PLANNING DEPARTMENT
1. No other modifications to the approved plans are allowed except as otherwise first reviewed and approved by the Planning Director or the Planning Commission, depending on the scope of the changes.
2. The project is subject to the Town’s Construction Time Limit Ordinance (Chapter 10, Title VIII of the Municipal Code). The maximum time for completion of the new residence shall be 36 months from the date of Building Permit issuance. Failure to complete the project in the allotted time may result in substantial penalties and fees.
3. After completion of rough framing or at least six (6) months prior to scheduling a final inspection, the applicant shall submit landscape screening and erosion control plans for review by the Site Development Committee. The application for landscape screening and erosion control shall be accompanied by the applicable fee and deposit. The plans shall be reviewed at a noticed public hearing. Attention shall be given to plantings which will be adequate to break up the view of the new residence from surrounding properties and streets. All landscaping required for screening purposes and for erosion control (as determined by the City Engineer) must be installed prior to final inspection of the new residence. The landscape screening plan shall comply with Section 10-2.809 (water efficient landscaping) of the Los Altos Hills Municipal Code.
4. A $5,000 landscape maintenance and water usage deposit shall be paid to the Town prior to final inspection of the new residence. Two years after the project has been completed, staff will review the water usage for the property and conduct a site inspection to ensure installed landscape screening is still present and has been adequately maintained. Inadequate maintenance of installed landscape screening and/or water usage greater than the annual usage indicated on the approved parcel water budget worksheet, may result in complete forfeiture of this deposit.
5. Existing generator and propane tanks shall be relocated to meet Town building setbacks. The revised locations shall be reviewed and approved by the Planning Department during building permit plan check. The generator shall be located and/or enclosed to comply with the Town’s Noise Ordinance (Chapter 2, Title 5).
6. Prior to beginning any grading operation, all significant trees, particularly any heritage oak trees, are to be fenced at the drip line. The fencing shall be of a material and structure (chainlink) to clearly delineate the drip line. Town staff must inspect the fencing and the trees to be fenced prior to commencement of grading. The property owner shall call for said inspection at least three days in advance of the inspection. The fencing must remain throughout the course of construction. No storage of equipment, vehicles or debris shall be allowed within the drip lines of these trees. Existing perimeter plantings shall be fenced and retained throughout the entire construction period.
Resolution ____-23 Page 3
7. Prior to requesting the final inspection, a registered civil engineer or licensed land surveyor shall certify in writing and state that “the height of the new residence complies with the 27’ maximum structure height, measured as the vertical distance at any point from the bottom of the crawl space or basement ceiling if excavated below natural grade, to the highest part of the structure directly above (including roof materials).” The overall structure height shall be similarly certified in writing and state that “all points of the building (including chimneys and appurtenances) lie within a thirty-five (35’) foot horizontal band based, measured from the lowest visible natural or finished grade topographical elevation of the structure along the building line and the highest topographical elevation of the roof of the structure.” The applicant shall submit the stamped and signed letter(s) to the Planning Department prior to requesting a final inspection.
8. The property owner shall remove all Stinkwort (Dittrichia graveolens) plants from the entire property and in the road right-of-way by manual pulling or use of herbicide by October 1st of each year until the final approval of the project.
9. Roof eaves of all structures shall not encroach into the required side and rear yards. The roof eaves shall be shown on the site and civil plans in the construction drawings.
10. Exterior lighting is approved as shown on the plans. Any changes to the approved lighting plan shall be approved by the Planning Department prior to installation. All exterior lighting fixtures shall have non-transparent glass, or shall be down directed or shielded non-movable fixtures.
Light fixtures shall not exceed color temperature of 3000K and emit no more than 600 lumens.
No lighting may be placed within setbacks except two driveway or entry lights.
11. Exterior finish colors of all buildings shall have a light reflectivity value of 50 or less and roof materials shall have a light reflectivity value of 40 or less, per manufacturer specifications. All color samples shall be submitted to the Planning Department for approval at time of submittal for building plan check. All applicable structures shall be painted in conformance with the approved color(s) prior to final inspection.
12. Skylights, if utilized, shall be designed and constructed to reduce emitted light (tinted or colored glass, or other material). No lighting may be placed within skylight wells.
13. Fire retardant roofing (Class A) is required for all new construction.
14. All space heating and water heating systems installed in a new residence and/or detached habitable building shall be all-electric systems. Gas or propane heating systems are not permitted. If gas cooking or clothes drying appliances are installed, then dedicated electrical receptacles and circuits will be required to allow for future electric appliances. Fireplaces and all outdoor gas appliances are excluded from these requirements.
15. All construction shall comply with 2019 California Green Building Standards Code, Part 11, Title 24 mandatory measures. The property owner shall provide a 2019 CalGreen Residential Checklist demonstrating conformance with all applicable mandatory measures at time of building permit submittal.
16. All construction shall comply with Section R337 of the 2019 California Residential Code (Materials and Construction Methods for Exterior Wildfire Exposure).
Resolution ____-23 Page 4
17. All properties shall pay School District fees to either the Los Altos School District or the Palo Alto Unified School District, as applicable, prior to permit issuance. The applicant shall take a copy of worksheet #2 to school district offices, pay the appropriate fees and provide the Town with a copy of the receipts.
ENGINEERING DEPARTMENT
18. Any, and all, changes to the approved grading and drainage plan shall first be approved by the Town Engineering Department. No grading shall take place during the grading restriction (October 1st to April 30th) except with prior approval from the City Engineer. No grading shall take place within ten feet of any property line.
19. All public utility services serving this property shall be placed underground. The applicant should contact PG&E immediately after issuance of building permit to start the application process for undergrounding utilities which can take up to 6-8 months.
20. An encroachment permit shall be obtained from the Public Works Department for all work proposed in the public right-of-way. No work within the public right-of-way shall commence without an encroachment permit.
21. The property owner shall provide the Town with high-quality color photographs of the existing conditions of the roadways and pathways, at building permit submittal.
22. To ensure the existing sewer lateral is in good condition and watertight, the Town requires a water pressure test and a video inspection to be conducted on the entire section of existing lateral to sewer main. The inspection video (Windows media format or equivalent) and water pressure test shall be submitted to the Public Works Department for review and approval, at building permit submittal. The owner is responsible for providing necessary cleaning and/or repairs within the lateral and at the connection if the lateral is found in a defect condition. All related proof of repairs shall be submitted to the Public Works Department prior to final sign-off from the Public Works.
23. The property owner shall provide a copy of the Residential Service Design Load Information to the Public Works Department, at building permit submittal.
24. Two copies of a Grading & Construction Operation plan shall be submitted by the property owner for review and approval by the City Engineer and Planning Director. The grading/construction operation plan shall address truck traffic issues regarding dust, noise, and vehicular and pedestrian traffic safety on Campo Vista Lane and surrounding roadways; storage of construction materials; placement of sanitary facilities; parking for construction vehicles; and parking for construction personnel. A debris box (trash dumpster) shall be placed on site for collection of construction debris. Arrangements must be made with the GreenWaste Recovery, Inc. for the debris box, since they have a franchise with the Town and no other hauler is allowed within the Town limits.
25. The property owner shall pay a pathway fee of $10,943, prior to permit issuance.
26. Two sets of a final Grading and Drainage plan shall be submitted for review and approval by the Engineering Department. Final drainage and grading shall be inspected by the Engineering Department and any deficiencies corrected to the satisfaction of the Engineering Department.
Resolution ____-23 Page 5
27. Two copies of an Erosion and Sediment Control plan shall be submitted for review and approval by the Engineering Department. The contractor and the property owner shall comply with all appropriate requirements of the Town's NPDES permit relative to grading and erosion/sediment control.
28. The Engineer of Record shall observe the installation of the drainage system, construction of the energy dissipators, and completion of the grading activities and state that items have been installed and constructed per the approved plans. A stamped and signed letter shall be prepared and submitted to the Town, prior to final inspection.
29. All areas on the site that have the native soil disturbed shall be protected for erosion control during the rainy season and shall be replanted, prior to final inspection.
30. The property owner shall inform the Town of any damage and shall repair any damage caused by the construction of the project to pathways, private driveways, and public and private roadways, prior to final inspection.
FIRE DEPARTMENT
31. An automatic residential fire sprinkler system approved by the Santa Clara County Fire Department shall be included in all portions of the residence. Three sets of plans prepared by a sprinkler contractor shall be submitted to the Santa Clara County Fire Department Fire Prevention Division (16795 Lark Avenue, Suite 200, Los Gatos, CA 95032) for review and approval. The sprinklers shall be inspected and approved by the Fire Department, prior to final inspection and occupancy of the new residence.
32. Provide an access driveway with a paved all weather surface capable of supporting apparatus weight at least 75k pounds, a minimum unobstructed width of 14 feet, vertical clearance of 13 feet 6 inches, minimum circulating radius of 36 feet outside and 23 feet inside, and a maximum slope of 15%. Installations shall conform to Fire Department Standard Details and Specifications sheet D-1.
33. Potable water supplies shall be protected from contamination cause by fire protection water supplies. The applicant and any contractors shall contact the water purveyor supplying the site of such project, and shall comply with the requirements of that purveyor. These requirements shall be incorporated into the design of any water based fire protection systems, and/or fire suppression water supply systems or storage.
34. All construction shall comply with applicable provisions of the CFC Chapter 33 and Standard Detail and Specifications SI-7.
35. Approved numbers or addresses shall be placed on all new and existing buildings in such a position that it is plainly visible and legible from the street or road fronting the property.
Numbers shall be a minimum of four-inches high with a minimum stroke width of 0.5 inch (12.7 mm) and shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters.