HomeMy WebLinkAbout02-07 • •
RESOLUTION NO. 2-0 7
RESOLUTION OF THE CITY COUNCIL OF THE
TOWN OF LOS ALTOS HILLS
APPROVING AN AGREEMENT BETWEEN THE CITY OF LOS ALTOS AND THE
TOWN OF LOS ALTOS HILLS FOR TRANSPORTATION, TREATMENT AND
DISPOSAL OF SEWAGE
WHEREAS, the Town of Los Altos Hills, "Town," and the City of Los Altos, "City,"
are parties of an agreement, dated March 26, 1985 and amended June 24, 1993, that, in part,
provides for the transportation, treatment, and disposal of sewage emanating from a portion of
the Town known as the "Los Altos Basin" (collectively referred to as the"Previous
Agreement");
WHEREAS,the Town and the City desire to alter the arrangement made in the Previous
Agreement to, in part, allow the Town to discharge a larger number of gallons of sewage into the.
sanitary sewer system to accommodate a larger number of sewer connections and to allow the
Town to allocate capacity rights and sewer connections among the residents and property owners
in the Town;
WHEREAS, the Town and City desire to enter into an Agreement that reflects
alterations to the Previous Agreement and shall supersede all previous joint sanitary sewage
system maintenance and operations agreements and amendments thereto that have been entered
into between the Town and the City.
NOW,THEREFORE,the City Council of the Town of Los Altos Hills does
RESOLVE as follows:
That the Town hereby approves the proposed agreement between the City of Los Altos
and the Town of Los Altos Hills attached as Attachment A hereto; and that the City Manager is
hereby authorized and directed to execute the Agreement on behalf of the Town.
PASSED AND ADOPTED this da y o i1 ,,,,1z , !!
BY:
Mayor
ATT S :
/
City Clerk 40
LAB Reso Approving Agreement with Los Altos.DOC
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Attachment A
Agreement between the City of Los Altos and the Town of Los Altos Hills for Transportation,
Treatment and Disposal of Sewage
LAH Reso Approving Agreement with Los Altos.DOC
• •
AGREEMENT BETWEEN THE CITY OF LOS ALTOS AND THE TOWN OF LOS
ALTOS HILLS FOR TRANSPORTATION, TREATMENT AND DISPOSAL OF
SEWAGE
This agreement is made and entered into this Zjtay of January 2007 by and between
the CITY OF LOS ALTOS, hereinafter called "CITY," and the TOWN OF LOS ALTOS
HILLS,hereinafter called"TOWN."
RECITALS
A. CITY is a partner of the Palo Alto Regional Water Quality Control Plant,
hereinafter called "PARWQCP," and has constructed a sanitary sewer system within CITY, and
a trunk main from CITY to a flow metering station located at or near the former Los Altos
sewage treatment plant property at 1275 North San Antonio Road, Los Altos, CA.
B. CITY and.TOWN are parties to an agreement, dated March 26, 1985 and
amended June 24, 1993 (copies of which agreement and amendment are attached hereto as
Exhibit A and Exhibit B), that, in part, provides for the transportation, treatment, and disposal of
sewage emanating from a portion of the TOWN known as the "LOS ALTOS BASIN" ("the
Previous Agreement").
C. The Previous Agreement limited the number of residential sewer connections, or
"capacity units," to 1,100. A "capacity unit" was defined as the total flow generated from each
single-family residential connection, which was 300 gallons per day. Thus, it was estimated that
upon the connection of all 1,100 residential units the TOWN would discharge approximately
330,000 gallons per day.
D. All 1,100 capacity rights available to residents and property owners in the TOWN
have been acquired,but only approximately 900 connections to the system have been made.
E. When all 1,100 capacity rights had been acquired, it imposed a de facto
moratorium on new sewer connections, since no capacity rights were available. Therefore, on
March 13, 2001, and on February 15, 2006, the parties entered into agreements, which, as an
interim measure, allowed the TOWN to authorize, respectively, 125 capacity units and 25
capacity units, for a total of 1,250 capacity units. In exchange, TOWN agreed to accept
responsibility for any liability associated with the additional capacity rights acquired in the
TOWN
F. The parties now desire, pursuant to the terms and conditions set forth in this
Agreement, to alter their relationship to an arrangement whereby the TOWN is entitled to
discharge 339,900 gallons per day, as measured by to-be-installed flow meters, to the CITY's
sewer system (notwithstanding the number of capacity rights previously issued either by the
TOWN or the CITY) and whereby the TOWN will allocate capacity rights and sewer
connections among the residents and property owners in the TOWN.
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NOW, THEREFORE,IT IS HEREBY AGREED AS FOLLOWS:
1. Effect of Agreement; Term.
(a) The Previous Agreement had limited the amount of flow from the TOWN
by limiting the number of capacity units available. This agreement instead allocates a certain
amount of flow to the TOWN, which will be measured by to-be-installed flow meters, and
permits the TOWN.to allocate that flow among its customers in any manner it sees fit
(b) This agreement shall supersede all previous joint sanitary sewerage system
maintenance and operations agreements and amendments thereto that have been entered into
between the parties. Said agreements are hereby terminated as of the Effective Date.
(c) This agreement shall commence on January 76, 2007 ("the Effective
Date") and shall continue thereafter from year to year until termination by either party hereto.
Either party may terminate this agreement by providing notice. Termination will be effective
three (3) years from the date of notice.
2. TOWN'S Responsibilities Concerning Capacity Rights
(a) Under the Previous Agreement, some residents and property owners in the
TOWN had purchased capacity units from CITY. TOWN hereby accepts responsibility for, and
any liability associated with, all sewer capacity rights purchased and fees paid by customers in
the TOWN's Urban Service Area prior to the Effective Date, with the exception of any sewer
capacity.right within the area served by the Summerhill Avenue main- as shown on Exhibit C.
CITY shall provide copies to TOWN of all records in its possession relating to the sale of sewer
capacity rights to customers in TOWN's Urban Service Area. TOWN agrees to defend and hold
harmless CITY from allactions taken against CITY relating to the transfer of these capacity
rights to TOWN and for all claims arising from the prior issuance of permits and capacity rights
and fees collected. Following the Effective Date, TOWN shall be solely responsible for
allocating sewer capacity rights and issuing sewer connection permits for connections to
TOWN's sewer system. TOWN will provide a summary and supply CITY copies of all sewer
permits issued, including number of connections, number of living units for each connection, and
new second living unit permits issued for current connections.
3. Ownership, Maintenance, and Regulation of Collection Systems.
(a) Except as noted below, TOWN shall continue to own those portions of the
sewer system within TOWN and within its Urban Service Area , and ownership of all CITY-
owned sewer facilities (including pipes and other appurtenances) within TOWN and within its
Urban Service Area hereby transferred from CITY to TOWN. By July 1, 2007, CITY shall deed
(or otherwise provide a permanent right to use) any easements and rights-of-way in which the
CITY-owned facilities exist to TOWN. In the meantime, CITY hereby grants an irrevocable
license to TOWN for the purposes of operating and maintaining the existing sewer facilities.
(b) Notwithstanding the previous subsection, the following facilities within
the TOWN's Urban Service Area shall be owned by CITY and not by the TOWN, and to the
extent the facilities are presently owned by TOWN they shall be transferred to CITY.
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(i) •
The sewer mains and appurtenances thereto, exclusive of mains
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and laterals serving TOWN residents and entering from TOWN, that lie within Summerhill
Avenue and that portion of Magdalena Avenue between Summerhill Avenue and Hillview
Avenue shall vest in and be the property of CITY. The location and property served by these
sewer mains are shown on Exhibit C.
(ii) All easements and rights of way and the pipes and appurtenances
thereto, exclusive of laterals serving TOWN residents, in the El Monte Trunk Sewer as defined
by City Project No. 1959-8 running from University Avenue in CITY southerly through TOWN
to the intersection of Moody Road and Elena Road. The location and property served by these
sewer mains are shown on Exhibit D.
(iii) All easements and rights of way and the pipes and appurtenances
thereto, exclusive of laterals serving TOWN residents, in the Adobe Creek Sewer as defined by
City Project No. 1962-18 running generally along Adobe Creek downstream of O'Keefe Lane
and Upstream of West Edith Avenue, shall vest in and be the property of CITY. The location
and property served by these sewer mains are shown on Exhibit E.
(iv) The sewer mains and appurtenances thereto, exclusive of laterals
serving TOWN residents, that lie within O'Keefe Lane easterly of Adobe Creek shall vest in and
be the property of CITY. The location and property served by these sewer mains are shown on
Exhibit F.
(c) By July 1, 2007, TOWN shall deed (or otherwise provide a permanent
right to use) any necessary easements and rights-of-way in which the transferred TOWN-owned
facilities exist to CITY. In the meantime, TOWN hereby grants an irrevocable license to CITY
for the purposes of operating and maintaining the existing sewer facilities within the CITY.
The portions of the sewer collection system within TOWN's Sphere of Influence owned
by TOWN are hereinafter referred to as "the TOWN Collection System," and the portions of the
sewer collection system within TOWN's Sphere of Influence owned by City and the sewer
collection system within CITY and CITY's Sphere of Influence are hereinafter referred to as "the
CITY Collection System."
(d) CITY shall continue to be the sole provider of sewer service to Foothill
College and shall be responsible for all billings for said service. City will fund the design,
construction and maintenance of flow meters to measure flow emanating from Foothill College.
(e) Effective July 1, 2007, TOWN will assume responsibility for maintenance
and operation of the TOWN Collection System. Until July 1, 2007, CITY will bill TOWN for
the maintenance and operation of the TOWN Collection System based on the terms and
conditions of the Previous Agreement. CITY shall cease such billing upon TOWN's assumption
of maintenance responsibilities of the TOWN Collection System on July 1, 2007.
(f) Effective July 1, 2007, TOWN will assume responsibility for making all
necessary arrangements with Santa Clara County to distribute TOWN's sewer user fees to the
TOWN. Until such time, CITY shall make such arrangements as had been made under the
Previous Agreement and bill TOWN under the terms and conditions of the Previous Agreement.
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(g) TOWN shall be responsible for complying with all local, state, and federal
regulations related to the TOWN sewer collection system.
4. Right to Discharge. The TOWN's existing right to discharge into CITY's sewer
lines domestic sewage emanating from the LOS ALTOS BASIN, which is the territory shown on
Exhibit G, attached hereto and incorporated herein by reference, and which includes territory
both within and without the TOWN, shall continue and be subjected to all conditions,
limitations, restrictions, terms and provisions contained in this Section.
(a) Maximum Allowable Volume of Discharge. TOWN shall be allowed
339,900 gallons per day total flow ("the Maximum Daily Flow"), or 124.06 million gallons per
year ("the Maximum Annual Flow"), as measured by the combination of all flow meters in the
LOS ALTOS BASIN, excepting the flow meters installed by CITY to measure flow from
Foothill College. This total flow amount is inclusive of base sanitary flow, groundwater
infiltration, and rainfall dependent infiltration and inflow. When the sewage flow from the LOS
ALTOS BASIN reaches eighty percent (80%) of the allowable maximum volume of discharge,
TOWN agrees to notify CITY and to perform an engineering study (Master Plan) to address
future capacity needs, which shall include implementation systems to meet the future capacity
needs. TOWN and CITY shall agree upon the scope of work for the engineering study (Master
Plan)prior to beginning the study.
(b) Wet Weather Flow Allowance. TOWN will be allowed to exceed the
maximum allowable daily flow during wet weather periods in the same proportion as CITY wet
weather flow exceeds CITY dry weather flow during the wet weather flow periods. The
proportional allowance shall be determined by comparing CITY flow during the wet Weather
periods versus CITY dry weather flow from the previous summer months, both of which shall be
measured at the metering station at the PARWQCP. CITY dry weather flow base line will be
established by using the average flow volume during the months of July through September as
measured by the metering station at the PARWQCP.
(c) The formula used to determine the TOWN's wet weather flow allowance
shall be:
TOWN daily wet weather flow <or= CITY daily wet weather flow
TOWN'S Maximum Daily Flow CITY avg. daily flow(July through Sept.)
This wet weather flow allowance does not provide the TOWN with any additional right
to capacity, and TOWN is not permitted to exceed its Maximum Annual Flow of 124.06 million
gallons per year.
(d) TOWN Limitation on Sewer Connection and/or Sewer Connection
Permits if Maximum Allowable Flow is Exceeded. If TOWN exceeds (a) the Maximum Daily
Flow on any day during a non-wet weather period, (b) the Maximum Daily Flow plus the wet
weather flow allowance during a wet weather period, or (c) the Maximum Annual Flow, TOWN
will immediately suspend the issuance of sewer connections and/or sewer connection permits
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from the date the Maximum Daily Flow or Maximum Annual Flow is exceeded until the flow
volume is less than or equal to the maximum allowable flow. Financial penalties for exceeding
the Maximum Daily Flow or Maximum Annual Flow will not be assessed unless sewer
connections and/or sewer connection permits are allowed by TOWN during the period in which
the Maximum Daily Flow or Maximum Annual Flow is exceeded.
(e) Financial Penalty for Exceeding Maximum Allowable Volume of Flow. If
TOWN allows new connections to the sewer system and/or issues sewer connection permits
during the period in which the Maximum Daily Flow or Maximum Annual Flow is exceeded,
TOWN will pay a fine as outlined in the table below, and 100% of actual costs associated with
exceeding capacity including, but not limited to, additional treatment costs, entire cost of
upsizing mains, entire cost of fines and/or penalties from the PARWQCP, including any fines
and/or penalties from any state or federal agencies, and notwithstanding paragraph 12, TOWN
shall be responsible for indemnifying, defending and holding harmless CITY for claims arising
from overflows caused by TOWN's excessive sewage discharge. Penalties will begin accruing
from the date that the Maximum Daily Flow or Maximum Annual Flow is exceeded and will
cease when the flow volume is less than or equal to the Maximum Daily Flow or Maximum
Annual Flow.
Days of Exceeding Max.Allowable Flow Daily Financial Penalty
0-90 days Double the cost of sewage treatment' per day
90-180 days Four times the cost of sewage treatment' per day
More than 180 days Eight times the cost of sewage treatment' per day
Note 1. Cost of sewage treatment per day will be the total of sewage treatment costs for the
preceding six months divided by 182.5 days.
If the Town exceeds its maximum allowable flow volume at any time during the first six
months from the time that flow meter data is available from the metering stations, the City will
allow the Town to correct the flow violation and waive any financial penalties accrued during
this period. Financial penalties will be imposed if necessary following the initial six month
period that the flow meters are in operation.
(f) Notwithstanding the provisions of this Section 4d. above, TOWN will not
be assessed financial penalties for exceeding maximum allowable flow volume prior to January
1, 2009.
(g) Cost of Sewage Treatment. CITY shall bill TOWN for the actual costs of
treatment of TOWN flow based upon measured flow from metering stations ("TOWN Costs of
Treatment"). Actual costs of treatment shall include all costs that PARWQCP bills CITY
including, but not limited to plant operations and maintenance, minor and major capital
improvements, source control program, public outreach, permitting and enforcement, and bond
debt service ("Total Costs of Treatment"). TOWN Costs of Treatment shall be determined by
the following formula based on the billing period:
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TOWN Cost of Treatment= (TOWN flow/Total flow CITY and TOWN at master meter)
multiplied by(Total Cost of Treatment based on PARWCQP billings)
5. Acquisition of Additional Flow Capacity. In the event that TOWN requires
additional flow capacity, TOWN will be responsible for securing the additional capacity from
one or more of the partners in the PARWQCP, that is, the City of Palo Alto or the City of
Mountain View. Any agreement between TOWN and one or more of the PARWQCP partners
which transfers capacity for the TOWN's use will be accepted by CITY as part of their
PARWQCP partnership ratio. Said capacity will be added to the maximum allowable volume of
discharge established in Section 4 for the exclusive use of TOWN following mutual written
agreement of the PARWQCP partner cities and amendment of this agreement.
6. Measurement of Volume of TOWN Flow. TOWN Flow shall be measured
continuously at flow meter stations where TOWN sewage flow enters CITY's collection system.
(a) CITY will design, construct, operate and maintain flow metering stations
at the following locations:
(i) Eastbrook Avenue/Westbrook Avenue
(ii) Putter Way/Niblick Avenue at I-280,
(iii) O'Keefe Lane at El Monte Road,
(iv) Summerhill Avenue at Magdalena Avenue,
(v) Edith Avenue at City Limits,
(vi) West of Pine Lane Lift Station near Foothill Expressway. This
flow meter will be eliminated if TOWN transfers flow anticipated at this location to the City of
Palo Alto collection system.
CITY will provide TOWN with data from the meters and, upon request, provide TOWN
with the ability to verify calibration of meters.
(b) TOWN will fund costs of design, construction, operation, and
maintenance of the flow metering stations. Within 30 days of execution of this agreement,
TOWN shall deposit with CITY an amount not less than $50,000 for design of the flow metering
stations. Any unused portion of this amount will be used to fund the construction, inspection,
and contract administration of the flow meter installations. If there is a shortfall of funds for
design, CITY will notify TOWN of the shortfall. TOWN will remit shortfall to CITY within 30
days of notification. Within 30 days of construction contract bid opening, TOWN shall deposit
with CITY an amount equal to 100% of the lowest responsible bidder amount plus an additional
20% of the bid amount to fund construction contingencies (in an amount estimated at 10% of bid
amount) and construction inspection and administration (in an amount estimated at 10% of bid
amount). Any unused TOWN funds will be returned to TOWN following acceptance of the
project and release of retention. TOWN will remit any funding shortfall for total project costs to
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CITY within 30 days of notice and invoice. TOWN shall be permitted to inspect CITY project
accounting documents at TOWN's request.
(c) For each day TOWN fails to meet the schedule or milestones set forth in
Section 6.b above and Section 7.a.i below, TOWN shall be subject to the daily penalties set forth
below:
Schedule Lapse Daily Financial Penalty
0-90 days Two times the daily TOWN Cost of Treatment per day
90-180 days Four times the daily TOWN Cost of Treatment per day
More than 180 days Eight times the daily TOWN Cost of Treatment per day
7. Joint-Use and Parallel Mains. There currently exist a number of sewer
mains in
and owned by the City that carry flow of both CITY and TOWN. These sewer mains are
referred to as "Joint Use Mains." The term Joint-Use Main shall also include associated
appurtenances such as manholes.
(a) New or Parallel Sewer Mains. Parallel sewer mains or new sewer mains
will be installed to minimize the number of meter stations and separate CITY and TOWN flow
currently carried in Joint-Use Mains.
(i) Within 18 months of the Effective Date, TOWN shall install a
parallel and/or new sewer main at the following location:
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(1) Eastbrook Avenue between Mora Drive and southeast end
of Eastbrook.
(ii) CITY shall install parallel and/or new sewer mains at the following
locations
(1) Magdalena Avenue between Summerhill and easement
main west of Hillview Road.
(b) Maximum TOWN Flow in Joint Use Mains. If the capacity of a joint use
sewer main is exceeded as a result the flow contribution from TOWN, TOWN will be
responsible for 100% of costs for increasing the size of the joint use main to accommodate the
current and future projected flow from TOWN. TOWN flow will be determined by measuring
actual flow as determined by the nearest upstream meter(s). Maximum allowable TOWN flow
will be determined by calculating the maximum flow capacity of the main and subtracting the
calculated maximum future CITY flow, including peaking factor based on General Plan projects
for CITY "build out" (as of the Effective Date) at and upstream of the problem area. TOWN
shall hold CITY harmless for all claims and local, state, and federal regulatory penalties arising
from any sanitary sewer overflow resulting from TOWN's flow exceeding the capacity of a joint
use main.
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8. Operation, Repair, and Maintenance of City-Owned Facilities.
(a) Cost of Operation and Maintenance of CITY-Owned Facilities. When all
flow meter stations and parallel mains, required to be installed by Sections 6.a and 7.a, become
operational, operation and maintenance costs for the collection system within CITY that carries
sewage from CITY and TOWN (including flow meter stations) shall be invoiced on a quarterly
basis for remittance by TOWN. The amount invoiced shall be equal to fifty percent (50%) of
TOWN Costs of Treatment (as determined pursuant to Section 4 e above) during the billing
period. CITY shall have the right to renegotiate or terminate the agreement if CITY's operating
costs exceed 50% of TOWN Costs of Treatment. Prior to all flow meter stations and parallel
mains, required to be installed by Sections 6.a and 7.a, become operational, CITY shall bill
TOWN for operation and maintenance of CITY-owned facilities pursuant to the Previous
Agreement.
(b) Repair of Joint-Use Mains. CITY shall be responsible for the repair of
Joint-Use Mains. Repairs under $10,000 shall be considered minor, and the costs of such minor
repairs shall be deemed included in the fee collected pursuant to Section 8.a above. Repairs to
Joint-Use Mains over $10,000 will be considered Capital Improvements, and the costs of such
repairs will be shared in accordance with Section 8.d below.
(c) Maintenance and Repair of Lift Stations. Maintenance and repair of Pine
Lane lift station shall be the responsibility of CITY. Maintenance and repair of O'Keefe lift
station shall be the responsibility of TOWN. Costs for maintenance and repairs will be allocated
to CITY and TOWN based on proportion of connections of each jurisdiction entering the lift
station.'
(d) Capital Improvements. Capital Improvements are defined as repair or
construction work on sewer mains, manholes, or lift stations that are equal to or greater than
$10,000 in cost.
(1) CITY shall be responsible for design and construction of all capital
improvements for Joint-Use Mains within CITY's sewer system. TOWN's cost share for
improvements will be based on the proportion of metered flow of TOWN contribution as
determined by the nearest upstream meter(s) of TOWN flow contributing to the sewer main and
the total flow at the downstream location of the improvement. CITY will be responsible for
measuring flow and determining the duration that the meter will be in place for such
measurement. TOWN has the right to participate in the physical flow measurement and will be
provided data from the flow measurement. TOWN's cost share will include direct costs for
design, construction, inspection, and construction administration as well as CITY standard
overhead charge.
(ii) TOWN shall deposit with CITY its share of design costs within 30
days of notification by CITY. Any unused portion of this amount will be used to fund the
construction, inspection, and contract administration of the capital improvement. If there is a
shortfall of funds for design, CITY will notify TOWN of the shortfall. TOWN will remit
shortfall to CITY within 30 days notification. Within 30 days of construction contract bid
opening, TOWN shall deposit with CITY their share of the lowest responsible bid amount plus
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an additional 20% of their share of the bid amount to fund construction contingencies (in an
amount estimated at 10% of bid amount) and construction inspection and administration (in an
amount estimated at 10% of bid amount). Any unused TOWN funds will be returned to TOWN
following acceptance of the project and release of retention. TOWN will remit any funding
shortfall for total project costs to CITY within 30 days of notice and invoice. TOWN shall be
permitted to inspect CITY project accounting documents at TOWN's request.
(iii) TOWN's share of costs for all capital improvements related to the
PARWQCP will be paid for as part of the TOWN Costs of Treatment as determined in Section 4
e above.
(iv) If TOWN requests to increase the capacity of Joint-Use Sewer
Main(s) to accommodate TOWN flow through CITY's system, CITY will be responsible for
design and construction of the improvements. TOWN will fund 100% of capital improvement
costs. CITY will prepare a request for proposal (RFP) to retain a qualified design consultant
within 60 days of written notification by TOWN. If City fails to meet this schedule, CITY will
be subject to a penalty to the daily penalties set forth Section 6 c above.
(v) TOWN shall be responsible for design and construction of all
capital improvements.on TOWN's sewer system. TOWN shall be responsible for 100% of the
cost of capital improvements on sewer mains and manholes in the TOWN's sewer system.
(vi) CITY will provide TOWN a list of capital projects as it becomes
available for projects that involve Joint-Use Mains.
•
9. Funding from Outside Sources. Each party agrees to cooperate with the other in
applications for grants or funds from outside sources to cover expansion, repair, or maintenance
of facilities covered by this agreement.
10. Limited Rights. Except as expressly provided herein, nothing contained in this
agreement shall be deemed to give CITY or TOWN any ownership rights or any other right, title
or interest in or to the other party's sanitary sewer system, or any part thereof.
11. Insurance. CITY and TOWN shall, at its own expense, maintain a program of
self-insurance. CITY and TOWN shall be named as an additional insured.
12. Indemnification. In lieu of and notwithstanding the pro rata risk allocation which
might otherwise be imposed between CITY and TOWN pursuant to Government Code section
895.6, CITY and TOWN agree that all losses or liabilities incurred by CITY or TOWN shall not
be shared pro rata but instead CITY and TOWN agree that pursuant to Government Code
Section 895.4, CITY and TOWN shall fully indemnify and hold each other, its officers, board
members, employees and agents, harmless 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 CITY or TOWN, its officers, employees or
agents, under or in connection with or arising out of any work, authority or jurisdiction delegated
to such party under this Agreement. CITY or TOWN, or any officer, board, member, employee
or agent thereof, shall be responsible for any damage or liability occurring by reason of the
negligent acts or omissions or willful misconduct of CITY or TOWN, its officers, board
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members, employees or agents, under or in connection with or arising out of any work authority
or jurisdiction delegated to each other under this Agreement.
13. Notices. Any notices to be given under this Agreement by either party to the
other shall be in writing and may be effected either by personal delivery or by mail, registered or
certified, postage prepaid with return receipt requested. Mailed notices shall be addressed as
follows:
CITY:
City Manager
City of Los Altos
One North San Antonio Road
Los Altos, CA 94022
TOWN:
City Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
14. Partial invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will
nevertheless continue in fall force without being impaired or invalidated in any way.
15. Binding. This Agreement shall be binding upon and shall inure to the benefit of
the heirs, executors, administrators, assigns and successors-in-interest to the parties hereto.
16. No implied waivers. The failure of either party at any time to require
performance by the other party of any provisions hereof shall not affect in any way the full right
to require such performance at any time thereafter. Nor shall the waiver by either party of a
breach of any provision hereof be taken or held to be a waiver of the provision itself.
17. Applicable law and forum. This Agreement shall be construed and interpreted
according, to the laws of the State of California in any action to enforce the terms of this
Agreement or for the breach thereof, and shall be brought and tried in the County of Santa Clara,
California.
18. Construction. To the fullest extent allowed by law, the provisions of this
Agreement shall be construed and given effect in the manner that avoids any violation of statute,
ordinance, regulation or law.
19. Integration. This Agreement, including the Exhibits listed in Section 20 below,
supersedes any and all agreements, either oral or written, between the parties hereto with respect
to the rendering of services by CITY for TOWN, and contains all the covenants and agreements
between the parties with respect to the rendering of such services in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or
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agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any
party, which are not embodied herein, and that no other agreement, statement, or promise not
contained in this Agreement shall be valid or binding. Any modification of this Agreement shall
be effective only if it is in writing, signed by the party to be charged.
20. Exhibits. The exhibits to this Agreement consist of the following:
(a) Exhibit A. Sewer Agreement between the City of Los Altos and the City
of the Town of Los Altos Hills, dated March 26, 1985.
(b) Exhibit B. First Amendment to Sewer Agreement between the City of Los
Altos and the City of the Town of Los Altos Hills, dated June 24, 1993.
(c) Exhibit C. Diagram of TOWN area served by Summerhill Avenue Main
(d) Exhibit D. Diagram of TOWN area served by El Monte Trunk Sewer
(e) Exhibit E. Diagram of TOWN area served by Adobe Creek Sewer
(f) Exhibit F. Diagram of TOWN area served by O'Keefe Avenue Sewer
(g) Exhibit G. Diagram showing boundaries of Los Altos Basin within the
Town of Los Altos Hills and its Sphere of Influence.
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21. Quaterly Reports. TOWN shall continue to provide to CITY quarterly reports
certifying the number of sewer connections and/or sewer connections permits issued by the
TOWN.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed
as of the date first written above.
CITY OF LOS ALTOS: TOWN OF LOS ALTOS HILLS
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
P a a Works Director Public Works ►irector
• ' 'ROVED AS TO FORM APPROVED AS TO FORM
AND LEGALITY: AND LEG• a Y:
City Attorney City Attorney I
A ED AGREED
City Manager City Manager
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011207-13552001
• S .
Exhibit A(1 of 29)
• SEWER AGREEMENT
BETWEEN
THE CITY OF LOS ALTOS
(
AND
THE CITY OF THE TOWN OF LOS ALTOS HILLS
The following is an agreement between the CITY OF LOS ALTOS, a
Municipal Corporation, hereinafter referred to as "CITY" , and the
CITY OF THE TOWN OF LOS ALTOS HILLS, a Municipal Corporation,
hereinafter referred to as "TOWN" , specifying the terms by which CITY
shall maintain certain sanitary sewer facilities within the TOWN and
accept sewage from a portion of the TOWN:
RECITALS
1 . On or about July 11, 1961, CITY and TOWN entered into an
agreement providing for the transportation and treatment of
' sewage emanating from within a portion of the territorial limits
of TOWN and for the normal maintenance of a portion of TOWN's
system (herein called the "1961 AGREEMENT" ) .
1
,• . • Exhibit A(2 of 29)
2 . (a) CITY has purchased capacity in a Regional Waste Water
Treatment Plant and has constructed a sanitary sewer system
within CITY; and the plant and CITY system have sufficient
capacity to handle sewage effluent from a portion of TOWN.
(b) TOWN has the potential of ultimately having approximately
2 ,100 sewer connections in its "Los Altos" drainage basin
including unincorporated areas within this portion of TOWN's
sphere of influence, and TOWN projects 1,100 total residential
connections within said drainage basin during the next five
years . Provided, however, in the event of added capacity
becoming available as described hereinafter, connections up to a
total of 1, 500 could be committed .
3 . Theparties had authority to enter in to the 19.61 AGREEMENT and
have authority to enter into this substitute Agreement under the
Joint Exercise of Powers Act, Title 1, Division 7, Chapter 5,
Article 1 of the Government Code of California .
AGREEMENT
The parties hereby agree as follows:
1 . Administration This agreement shall be administered by CITY,
there being no necessity to establish a separate commission.
2 . Right to Use The TOWN's existing right to discharge into CITY's
2
. • • Exhibit A(3 of 29)
sewer lines domestic sewage emanating from within that portion of
TOWN shown on Exhibit "D", attached hereto and incorporated
herein by reference, shall continue and be subject to all
conditions , limitations, restrictions, terms and provisions
contained in this Agreement.
3 . Interim Limit on Connections In order to maintain sewage flow
from TOWN within limits of CITY's current capactiy_ rights at the
treatment plant, TOWN shall be permitted to connect a maximum of
• 1,100 residential units, or their equivalent, as an interim limit
of use . The total number of connections could be adjusted up to
1,500 if. the CITY's capacity rights are increased as a result of
the purchase of additional capacity rights or correction of
infiltration makes additional capacity available . This interim
limit may be adjusted by mutual agreement of both parties by a
written amendment to this Agreement . Under either or both; of the
• following circumstances the interim limit shall be reviewed for
adjustment• (1 ) when the number of residential units connected
reaches 900; and (2) whenever changes in the capacity of the
treatment plant are being proposed .
As of the execution of this agreement, of the 1100 units of
capacity rights available to TOWN, approximately 970 units of
capacity rights have already been acquired in CITY's sewer system
by property owners in TOWN. TOWN has made no separate purchase
of capacity rights from CITY and nothing in this agreement
obligates TOWN to purchase capacity rights .
3
• • • Exhibit A(4 of 29)
4 . Regulation With respect to said sewage, TOWN shall adopt and
enforce the regulations contained in Title 5, Chapter 5, Article
6 - Use of Public Sewers, of the City of Los Altos Municipal
Code, and anysubsequent revisions thereto.
5 . Ownership of Sewers All easements and rights-of-way for main
trunk sewers and collector systems and the pipes themselves and
appurtenances thereto that presently vest in CITY that lie within
the corporate limits of TOWN shall hereafter vest in and be the
property of TOWN, EXCEPTING THAT:
(a) The sewer mains and appurtenances thereto, exclusive of
laterals serving TOWN residents and exclusive of mains entering
from TOWN, that lie within Summerhill Avenue and that portion of
Magdalena Avenue northerly of Interstate 280 shall vest in: and be
the property of CITY.
(b) All easements and rights of way and the pipes and
appurtenances thereto, exclusive of laterals serving TOWN
residents, in the El Monte Trunk Sewer (City Project 1959-8)-
running from University Avenue in the City of Los Altos southerly
through the Town of. Los Altos Hills and Foothill College to the
intersection of South El Monte Avenue with Moody Road, shall vest
in and be the property of CITY.
4
• Exhibit A(5 of 29)
(c) All easements and rights of way and the pipes and
appurtenances thereto, exclusive of laterals serving TOWN.
residents, in the Adobe Creek Sewer (City Project •1962-18)
running generally along Adobe Creek downstream of O'Keefe Lane
and upstream of West Edith Avenue shall vest in and be the
property of CITY.
(d) The sewer mains and appurtenances thereto, exclusive of
laterals serving TOWN residents, that lie within O 'Keefe Lane
easterly of Adobe Creek shall vest in and be the property of
CITY.
TOWN shall assume ownership of any sanitary sewer system,
including easements, now or henceforth belonging to CITY in an
unincorporated area at such time as TOWN annexes such
unincorporated territory containing a CITY owned system excepting
as set forth in Subparagraphs (a) through (d) above . Upon such
annexation and assumption of ownership by TOWN, CITY shall
provide TOWN with copies of available construction plans and
other pertinent documents .
TOWN's sewer system within TOWN shall vest in and be the property
of TOWN except as noted above .
5
• Exhibit A(6 of 29)
6 . Foothill College CITY shall continue to be the sole provider of
sewer service to Foothill College and shall handle all billings
for said service . The volume of sewage generated by the College
shall not be included in computations relative to flow or
capacity rights of TOWN.
7 . Maintenance of Sewers CITY shall provide normal maintenance
• including, but not limited to, routine inspection, rodding,
unplugging or flushing of the TOWN's system which connects to the
CITY's system . Said normal maintenance shall pertain only to
sewer mains and manholes . CITY shall have no obligation to
maintain, repair or replace sewer laterals within TOWN.
8 . Lateral Rodding Service In those cases where CITY maintenance
forces have responded to a request to inspect a sewer main for
possible stoppage in TOWN, said CITY forces will furnish a
lateral rodding service provided that the following conditions
are met: .
(a) The request to rod the lateral is received while the CITY
forces are in the immediate Vicinity of the subject lateral .
(b) The lateral to be rodded is that portion within the street
right of way.
(c) A sewer cleanout exists that is to grade, is accessible and
is in immediate proximity to the street right of way line .
6
410
Exhibit A(7 of 29)
The purpose of the lateral rodding service shall be to determine
if the lateral within the street right of way contains a
blockage . If such a blockage is found and the rodding operation
does not eliminate the blockage, CITY shall notify TOWN and any
further action to eliminate the blockage shall be the
responsibility of TOWN. Exhibit E, attached hereto and
incorporated by reference, defines the' limits for the sewer
lateral rodding. service .
9 . Repair of Sewers The repair of sewer mains and manholes owned by
TOWN shall be. the obligation of TOWN. Whenever it is determined
by CITY that a problem exists within the TOWN's sewer main
system, exclusive of emergencies, which. requires more than normal
maintenance by CITY and which can be eliminated by performing the
appropriate repairs, CITY shall notify the TOWN in writing.,
describing the problem, its location and a recommended course of
action . Except in emergency situations, CITY shall have no
obligation to make repairs to TOWN owned sewers .. Only in
emergency situations affecting the operation of the TOWN's sewer
main system will CITY be obligated to perform repairs involving
excavations and pipe replacement . An emergency is defined as a
situation requiring immediate attention in order to keep the
• sewer line in service or to prevent a health hazard . CITY shall
be under no obligation to make emergency repairs in cases where
CITY has previously notified TOWN in writing of problems needing
repair and TOWN has not taken corrective action within 60 days of
receiving written notification .
7
111
I Exhibit A(8 of 29)
10 . Sewer Service Charge The annual sewer service charge shall
reimburse CITY for its costs incurred in transporting and
treating sewage emanating from TOWN and costs associated with
maintaining and operating a portion of TOWN's sewer system, Pine
Lane Lift Station, and certain shared sewer mains and truck
lines . For the service and use to be provided by the CITY under
terms hereof, CITY shall charge an annual sewer service charge to
properties within the corporate limits of TOWN in accordance with
Exhibit "C" attached hereto and incorporated herein by
reference . Upon determining the amount of the annual sewer
service charge for the next fiscal year, CITY shall notify TOWN
in writing no later than May 15th of each year . The CITY may
include the annual sewer service charges on the County property
tax billings for properties within TOWN by submitting the
individualcharges directly to the County Tax Collector by CITY
only after TOWN has had a reasonable opportunity to review the
proposed annual sewer service charge . If the TOWN hasnot
approved by resolution the amount of the proposed annual sewer
service charge by June 15, of any year,, CITY may process charges
to Tax Collector subject to a mutually agreed upon adjustment to
the following year 's sewer service charge .
8
111 111
Exhibit A(9 of 29)
(a) Calculation of Sewer Service Charge It is mutually agreed
that for each single family residential connection, a per
connection flow rate of 300 gallons per day, as shown on Exhibit
"C" , will be used in determining the volume of sewage generated
in the portion of TOWN served by CITY. The single family
residential connection shall be the basic unit for determining
annual charges . For all connections other than single family
residential, the annual volume of sewage will be mutually agreed
upon by CITY and TOWN, except where an agreement with the CITY
already exists stipulating the method for determining either the
annual charge or the annual volume of sewage . No later than
June 1, 1987, the City Engineers of CITY and TOWN shall jointly
review and establish criteria and methods to determine the
connection flow rate in gallons per day as shown in Exhibit "C"
per single family residential, connection and shall jointly,
determine if a different volume of flow should be used for
• computing subsequent annual. charges .
(b) Rate Adjustment Postponement Option CITY shall have the
option to postpone to the following year the adjustment of the
annual sewer service charge appliedto properties in TOWN.
However, any revenues lost or gained as a result of such a
postponement shall be carried over and used in the computation of
subsequent annual sewer service charges in such a manner that the
net revenues to the CITY are essentially the same as if a
postponement had not occurred.
9
•. - • 110 • Exhibit A(10 of 29)
11 . Sewer Reserve Fund The annual sewer service charge shall include
a charge for the TOWN'.s Sewer Reserve. Fund at the writtenrequest
of TOWN. The amount shall be established by TOWN and shall be
included by CITY in the annual sewer service charge . CITY may
decline to include reserve funds in years in which no rate
changes are proposed but in the third consecutive year with no
change, CITY shall include funds for reserve if so requested .
Funds received by CITY are to be paid to TOWN by January 31 and
May 31 in tax 'year collected . •
12 Pine Lane Lift Station All of the costs related to operating the
Pine Lane lift station shall be shared between CITY and TOWN
based on the number of single family residential connections and
equivalent single family connections served in each
jurisdiciton . TOWN's proportionate share shall be included in
the annual sewer service charge. In the event that TOWN is
eventually able to physically divert its sewage away from the
Pine Lane lift station, upon suchdiversion the TOWN' s obligation
to share in the costs of the lift station shall cease .
13 . Minor Capital Improvements Included in the calculation of the
above mentioned annual sewer service charge is an amount
representing the cost of "minor" capital improvements at the Palo
Alto Regional Water Quality Control Plant (RWQCP) . Minor capital
improvements are hereby defined as capital improvements which are
10
• • Exhibit A(11 of 29)
accomplished using funds shown in each year 's operating budget
for the Regional Water Quality Control Plant and identified as
being for Minor Capital Improvements .
14 . Major Capital Improvements Capital improvements at the RWQCP
that are billed to the CITY by Palo Alto separately from the
budgeted funds identified as being for Minor Capital Improvements
shall be considered to be Major Capital Improvments .
(a) Share Payable by TOWN TOWN shall share in the actual costs
to CITY of major capital improvements to the RWQCP as follows:
(1) When Revenue Bonds are used for financing capital
improvements, the annual debt service shall be included in
the annual Treatment Plant Expenses (Item 1 in Exhibit "C" ) .
(.2 ) For improvements that are financed by lump sum cash
payments, CITY and TOWN shall mutually agree on the amount
of TOWN's share and on the method of payment by a subsequent
written agreement .
(b) Funding from Outside Sources Each party agrees to cooperate
with the other in applications for grants or funds from outside
sources to cover expansion, repair, or maintenance of facilities
covered by this Agreement .
11
' • • Exhibit A(12 of 29)
15 . Approval of Sewer Main Extensions All sewer extensions involving
mains and manholes within TOWN that are to be maintained
pursuant
to this Agreement shall be constructed in accordance with the
CITY's Standard Specifications and in accordance with the minimum
design standards of the CITY. Engineering plans for such sewer
construction shall be sent by TOWN to CITY upon their receipt by
TOWN. The City's Engineering Department shall promptly review
such plans and submit comments thereon to the Los Altos Hills
City Engineer . Final engineering plans for such sewer
construction shall be approved by the Los Altos City Engineer
prior to approval by the Los Altos Hills City Engineer .
16 . Inspection of Sewer Main Extensions TOWN shall have the primary
responsibility for the inspection and acceptance of sewer main
extensions in TOWN. CITY retains the right to make construction
inspections and to witness the balling and testing of all
collector sewers constructed within TOWN if such sewers are to be
maintained by CITY. CITY is to be notified when construction
commences to assure the opportunity for inspections . CITY may
reject responsibility for maintenance of sewer mains constructed
without CITY's prior approval of construction plans or where the
opportunity for inspections was not provided by TOWN.
12
• . Exhibit A(13 of 29)
17 . Inspection of Sewer Lateral Construction TOWN shall have the
primary responsibility ns for the inspection of individual sewer
P
lateral construction in TOWN both on private property and in
public rights of way. For laterals constructed in public rights
of way or public sewer easements , TOWN shall provide CITY with
information regarding exact location, date, and type of
connection within ten (10 ) days of completion .
18 . Connections to Existing CITY Maintained Sewers CITY retains the
right to inspect all future direct connections to existing sewer
mains maintained by CITY when such connections are being made .
Not less than 24 hours advance notice of any proposeddirect
connection to a CITY maintained sewer main shall be furnished to
CITY by TOWN prior to commencement of work on any such connection
so as to provide CITY with the opportunity to inspect the actual
. connection to the sewer main.
19 . Connections to CITY Owned Sewers CITY shall have the primary
responsibility for the inspection of all connections made
directly to sewer mains owned by CITY. The inspection of the
sewer lateral construction, exclusive of the actual connection to
the main, shall be as set forth in Section 17 above .
20 . Backflow Prevention Devices TOWN shall 'require the installation
of backflow prevention devices for all new sewer connections
where the building served by the public sewer is so situated that
13
• • Exhibit A(14 of 29)
the lowest drain opening in the building is less than two (2)
feet above the rim of the nearest upstream manhole . Such devices
shall be installed so as to prevent the flow of sewage from
publicly owned and maintained sewer mains into any building or
structure .
21 . Sewer Connection Permits Before connecting any individual
dwelling or other structure in TOWN. to any sewer facility that is
or that eventually connects to a CITY maintained sewer, a CITY
sewer connection permit must first be obtained for said
connection from CITY. A sewer connection permit issued by the
• CITY shall be recognized as a TOWN sewer connection permit and
the obtaining of a separate sewer connection permit from the TOWN
shall not be required, except that the TOWN may notify the CITY
in writing that after a specific date TOWN sewer connection
permits must be obtained from the TOWN.
In order to obtain a CITY sewer connection permit,• applicants
must pay all appropriate fees established by CITY and TOWN. TOWN
shall furnish CITY with all of its established fee schedules
relating to sewers and shall send CITY written notification of
any revisions affecting TOWN' s sewer fees . CITY shall be
responsible for collecting only those TOWN sewer fees that are in
accordance with established fee schedules furnished to CITY by
TOWN. TOWN fees shall be forwarded to TOWN by CITY on a
quarterly basis . No administrative charge shall be applied to
TOWN's fees .
14
•
• Exhibit A(15 of 29)
in the area covered by this contract
TOWN shall send monthly reports of final building inspections, /
including sewer hook ups, on primary and secondary dwellings to
CITY to ascertain that all appropriate connections have obtained
permits from CITY.
CITY sewer permit fees shall be collected in accordance with the
Los Altos Municipal Code and this Agreement .
22 . Fees Due Prior to Connection In addition to the sewer fees
established by the TOWN, the following fees shall be paid to CITY
by property owners or developers prior to issuance of a CITY
sewer connection permit:
a. "Connection" fees shall be charged in accordance with
Section 5-6 .103 (a) (1) of the Los Altos Municipal Code plus
an additional ten percent (10%) . (Copy of current Municipal
Code Section attached as Exhibit "A" )
b . "Capacity Acquisition" fees shallbe charged in accordance
with City of Los Altos Resolution No. 84-52 (Exhibit "B"
attached hereto) and any subsequently adopted City
resolutions establishing a schedule of capacity acquisition
charges . CITY shall not adopt any schedule of acquisition
charges which would increase the charge unties--TOWN--ha-s hada
r-ea big--apportuLLiLi—to—rev iew dndZcsmntent on TKe-proposes
new--scared -u L tlia,.y e 5 . before the year 2000 without Town's prior
approval. Thereafter City shall not adopt any schedule of acquisition
charges until Town has had a reasonable opportunity to review and comment
on the proposed new schedule of charges.
15
• • Exhibit A(16 of 29)
c . "In Lieu of Assessment" fees shall be paid to CITY by
properties connecting to a CITY owned sewer main if that
property was either not in an assessment district or was
assessed for a lesser number of connections than is
subsequently proposed . The amount of the fee shall be
computed by the !Los Altos City Engineer based upon the share
of the cost of said sewer main and facilities the connecting
property would have paid had it been assessed by an
assessment district . Properties connecting to sewer mains
constructed by Town administered assessment districts shall
not be required to pay "In Lieu of Assessment" fees to CITY,
but may be required to pay such fees to the TOWN if such
fees have been established by TOWN.
23 . Unpaid Fees Upon learning that any person in TOWN has connected
to the sewer system without having paid all appropriate fees due
TOWN and/or CITY under the terms of this Agreement, either party
to this Agreement shall promptly notify the other and furnish any
information concerning the connection and the identity of the
person making the connection which the notifying party has
obtained .
TOWN and CITY shall cooperate in efforts to collect unpaid sewer
fees and TOWN shall make every reasonable effort to see that CITY
is paid all appropriate sewer fees due from persons in TOWN.
16
• • Exhibit A(17 of 29)
24.. Determination of Unreported Connections It shall be the
responsibility of TOWN to control and manage sewer connections
from properties within TOWN. In cases where CITY has reason to
believe that certain properties in TOWN may be connected to the
public sewer system, but such connections have not been
adequately verified and reported to CITY, an investigation may be
requested by CITY. Upon receiving such a request, TOWN shall
promptly investigate the connection status of a subject property
and shall verify whether or not the subject property is in fact
connected to the public sewer system. CITY forces shall
cooperate with TOWN in such investigations by performing dye
tests and making other physical inspections under the supervision
of TOWN.
TOWN shall cooperate with CITY regarding the adoption by TOWN of
any appropriate ordinances concerning sewer fees and service
charges which would enable CITY and TOWN to collect any unpaid
monies from the owners of property in TOWN whose connection to
TOWN's/CITY's sewer system is discovered after the connection was
made .
25 . Street Work The raising to grade of sewer manhole frames and
covers, owned by TOWN, required in connection with street
resurfacing projects within TOWN shall, be accomplished promptly
by TOWN.
17
' 111 411 Exhibit A(18 of 29)
t
26 . Sewer Master Plan TOWN shall adopt a Master Plan for theP res
ent
and future development of the collector system to serve the area
of TOWN covered by this Agreement (area within TOWN's Sewer
Assessment District No . 4 and area served by Pine Lane lift
station) within three (3) years from the effective date of this
Agreement . Future construction of sewers shall be in conformance
with the Master Plan to assure adequacy of system design and
maintenance .
27 . Limited Rights Except as expressly provided herein, nothing
contained in this Agreement shall be deemed to give CITY or TOWN
any ownership rights or any other right, title or interest in or
to the other party's sanitary sewerage system, or any part
thereof .
28 . Breach and Remedies
(a} Breach of Covenants In case of a breach or alleged breach
on. the part of either party in the performance of any of its
obligationshereunder, notice of said breach shall be given to it
in writing by the other party, delivered to the office of the
Clerk thereof, or mailed to said office registered mail, postage
prepaid, and said party shall have seventy-five (75 ) days from
the date of delivery to cure said breach .
18
111
Exhibit A(19 of 29)
(b) Remedies
(1) Cumulative Each remedy conferred hereby or by the law
shall be cumulative and may be exercised without regard to
any other remedy conferred hereby or by the law .
(2) Waiver No waiver of any default or breach of duty or
contract shall affect any subsequent default or breach of
duty or contract or shall impair any rights or remedies
herein .
(3 ) Delays No delay or omission to exercise any right or
power accruing upon any default shall impair any such right
or power or shall be constructed. to be a waiver of any such
default .
29 . Term of Agreement The term of this Agreement shall commence on
July 1, 1984, and shall continue thereafter from year to year
• until terminated by either party hereto. Either party may
terminate this Agreement on June . .30th of any year by the giving
of at least six (6) months written notice to the other party.
30 . Insurance CITY shallmaintain insurance covering the operations
of CITY, its equipment and personnel, both within the limits of
CITY and the limits of TOWN, and said insurance policies shall
provide that they may not be cancelled without thrity (30) days
written notice to TOWN. TOWN shall maintain insurance covering
the operations of TOWN, its equipment and personnel, both within
19
•
1 . Exhibit A(20 of 29)
the limits of CITY and the limits of TOWN, and said insurance
policies shall provide that they may not be cancelled without
thirty (30) days written notice to CITY. The insurance carried
by each party pursuant to this paragraph shall name the other
party as an additional insured, and a certificate stating
coverage shall be sent to each party yearly .
31 . Indemnification TOWN and CITY agree to each defend, save and
hold harmless the other municipal corporation, and its respective
officers, agents and employees from and against any and all
claims, demands, suits, causes of actions, orders, decrees, or
judgements for injury, or death, or damage to person or property,
loss, damage and liability (including all costs and attorney's
fees incurred in defending any claim, demand or cause of action)
regardless of the theory or basis upon which the same may be
instituted or brought, occasioned by, growing out of, or arising
orresulting from any negligent error-, omission or act on the
part of TOWN or CITY, or its respective agents or employees as a
result of the performance by TOWN or CITY of any acts required to
be performed by TOWN or CITY, as the case may be, under this
Agreement .
32 . Records Each party hereto shall have the right to audit the
books and records of the other pertaining to the matters covered
by this. Agreement .
20
• • Exhibit A(21 of 29)
33 . 1961 Agreement From and after the effective date hereof, the
1961 Agreement shall be terminated, suspended, and of no further
force or effect .
34 . General Provisions This writing constitutes the entire Agreement
between the parties hereto and no oral modifications may be
made . Any and all prior oral agreements between the parties have
been incorporated in full into this Agreement . If any provision
of this Agreement is held invalid, void or unenforceable by a
court of competent jurisdiction, the remainder of the provisions
shall remain in full force and effect and shall in no way be
affected, impaired or invalidated . This Agreement may be
modified -only by an instrument signed and executed by duly
authorized executives and ratified by respective City Councils of.
CTTY and TOWN.
•
•
21
• • Exhibit A(22 of 29)
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the 26th day of March , 1985
CITY OF LOS ALTOS
ATTEST: A Municipal Corporation,
By
City Clerk Mayor
APPROVED AS TO FORM: _
Los Altos City Attorney
22
•
• • Exhibit A(23 of 29)
r
CITY OF THE TOWN OF LOS ALTOS HILLS,
ATTEST: A Municipal Corporation,
-.
_..__ By
City Clerk yor
APPROVED AS TO FORM:
Los Altos Hills City Attorney
23
• E')-H l$1't' A • Exhibit A(24 of 29)
v : Sec. 5-6.103. Connection charges.
• (a) Los Altos Sewer System.
(1) Connection charges to connect to the Los Altos Sewer
System for property located in the City limits shall be Ninety-Five
and no/l00ths ($95.00) Dollars per connection unit.
(2) Connection charges to connect to the Los Altos Sewer
System for property located outside the City limits shall be One
Hundred Ninety and no/100ths ($190.00) Dollars per connection unit
unless another rate is specifically agreed upon prior to connection by
resolution of the Council.
(b) Capacity rights. No charge shall be made by the City for
connections to the sanitary sewer system where the property has been
assessed for, and has paid, or a lien has been established for capacity
rights in the system in connection with assessment proceedings con-
ducted by the City. Such charge for capacity rights shall be at least
equal to the amount which would otherwise be charged pursuant to
this section for each connection unit. Any connections over and above
the number charged for the parcel in the assessment proceedings shall
be paid, prior to issuance of a permit, in accordance with the then
established connection charge.
(c) Determination of connection units.Connection units shall
be determined in accordance with the following schedule:
Type of Connection Number of Connection Units
Residential 1 per residence, residential unit,
or apartment
All other 1 plus 1 additional unit for,each
10 plumbing fixtures or fraction
thereof over 10 ("plumbing fix-
tures" shall be as defined in the
Uniform Plumbing Code)
(d) St. Joseph Sewer System. Connection charges for con-
nections.to the'St. Joseph Sewer System and tributary sewers covered
• by reimbursing contracts, including, but not limited to, the Vista Los
Altos Sewer System, shall be as follows:
(1) For each single-family residence connection, Ninety-
Five and no/100ths ($95.00) Dollars;
(2) For other than residence connections, Two Hundred
Fifty and no/100ths ($250.00) Dollars per acre, or fraction thereof;
(3) In the event such system is used as a collector by the
individual connecting, an additional connection charge of Two and
no/100ths ($2.00) Dollars per lineal foot of frontage shall be made
for each connection from property directly fronting on such sewer
line extension; provided, however, the minimum charge for each con-
nection with any such property having a frontage of eighty (80')
feet or less shall be One Hundred Sixty and no/100ths ($160.00)
Dollars; the maximum charge for each connection with any such
property having a frontage greater than eighty (80') feet but less
than 200 feet shall be Four Hundred and no/100ths ($400.00) Dollars;
and the charge for each connection with any such property having a
frontage of more than 200 feet shall be fixed by negotiation at the
time of connection. In the event any system or tributary is used as
• a trunk rather than as a collector,the only charge shall be Ninety-Five
and no/100ths ($95.00) Dollars for each single-family residence con-
nection or for all others Two Hundred Fifty and no/100ths ($250.00)
Dollars per acre, or fraction thereof.
(§§ 3, 4, Ord. 138, as amended by § 2, Ord. 323, eff. June 24, 1965,
and § 1,Ord. 350, eff. April 21, 1966)
RES(XL7PION NO. 84- 52 4114 ff
%VAT 13
. t
A RESCt.UPION OF The CITY CaNCII. Og THE QTY OF WS ALTOS Exhibit A(25 of 29)
ESTABLISH= A SCHEIXILE OF MICR CAPACITY ACQUISITION MAIMS
SAS, the City of Los Altos by virtue of Resolution 67-52 has
indicated its willingness to accept connections for sewer service from
outside its incorporated limits, and
MEREAS, the City of Los Altos by virtue of Resolution 69-7, a cr y of
which is hereto attached as Exhibit 'A', established a schedule of
capacity acquisition charges for sewer service, and
G+MRE'AS, said schedule does not specify amounts beyond 1984, and
• S ERFAS, the City of Los Altos will continue to accept connections for
sewer service from outside its incorporated limits beyond 1984.
BCM, THEREFORE, BE IT HEREBY RESCLVED that, in equity, the following
schedule of capacity acquisition charges for the calendar years through
2000 be adopted:
Calendar Year 1985 $ 713.20
1986 784.52
1987 862.97 •
1988 949.26
1989 1,044.19
1990 1,148.61
1991 1,263.47 •
1992 1,389.82
1993 1,528.80
1994 1,681.68
1995 1,849.85
1996 2,034.83
1997 2,238.31
1998 2,462.15
1999 2,708.36
2000 2,9.79.20
* * *. *
I HEREBY .CIIcTIFY that the foregoing Resolution was adopted by the
Council of the City of Los Altos at a meeting of said Council held on the
17th day of July, 1984, by the following roll call vete:
• AYES: Mayor Kallshian, Councilmen. Cullinani Eng, Verlot,
and Councilwoman Reed
NOES: None
AB.SENP: None
•
—&,
Yor
• 111 110
•
•
Exhibit A(26 of 29)
•
DRAFT 1/7/85
EXHIBIT "C"
DETERMINATION OF ANNUAL SEWER CHARGES FOR TOWN OF LOS ALTOS HILLS
The CITY shall prepare an estimate of costs no later than May 15 of each
year for the, purpose of determining the annual charge for sewer service in
TOWN for the following fiscal year (July 1 - June 30) . The background for
the cost estimation and the proposed Resolution fixing the annual charge
shall be submitted to TOWN. CITY shall notify TOWN if no rate adjustment
is to occur . When a delay occurs in receiving information from the City
of Palo Alto, CITY shall submit the information available and shall
furnish the Palo Alto information when received . For purposes of the
historical cost data relative to Items '3 and 4, prior service years shall
cover the period of April 1 through March 31, and TOWN shall be notified
if any changes in these dates are proposed .
This estimate will include the following seven items:
ITEM 1 - TREATMENT PLANT EXPENSES
Annual Treatment = 300 gal . per day X 365 days X cost of
Cost per Unit treatment per gal .*
*Cost of treatment per gallon shall be based on estimates prepared by
the City of Palo Alto and shall be on the total estimated treatment
cost to Los Altos divided by the total estimated flow from the Los
Altos service area .
The projected cost per unit shall be adjusted by the difference
between the actual and estimated cost per unit for the previous
complete fiscal year (for example, in computing the cost for FY 85-86
in May of 1985, the adjustment will be based on the difference between
actual and estimated costs for FY 83-84) .
ITEM 2 - TRUNK SEWER MAINTENANCE COSTS
Annual Trunk Maintenance = 300 gal/day X Estimated total
Cost per Unit Total Trunk Flow per day annual trunk
maintenance cost*
*Cost to be estimated by Los Altos City Engineer and identified in
each year ' s operating budget .
Exhibit A(27 of 29)
•
•ITEM 3 - COLLECTION SYSTEM MAINTENANCE COSTS
Cost of collection system maintenance in TOWN shall be based on actual
services provided .
Cost of Collection System = 1 X Estimated collection
Maintenance per Unit Total No. of Town Units system maintenance
cost in TOWN*
*Based on hours of service and at an hourly rate including labor,
fringe benefits, equipment, materials, and incidental services . The
hourly rate shall be determined each year by the Los Altos City
Engineer and shall be identified in the CITY's operating budget .
The number of hours of service shall be estimated by averaging the
hours of service for the previous three years . In years prior to FY
82-83,. the hours of service shall be estimated and from FY 82-83 and
beyond, actual time records of hours of service will be used . If in
the previous service year the City incurred "outside" costs (i .e.
emergency repair work by contractors, sewage backup damages, etc . ) ,
the maintenance cost estimate based on hours of service shall be
adjusted so as to reimburse the CITY for "outside" costs .
ITEM 4 - PINE LANE LIFT STATION EXPENSES
No . of TOWN units Estimated annual
Cost of Pine Lane = 1 X through station X cost of maintenance
Lift Station per Total Number Total Units and operation*
Unit of TOWN units through station
*Cost to include labor, fringe benefits, equipment, materials.,
electricity, alarm system costs, an allocation for future equipment
replacement, and any other services directly related to the lift
station . Labor hours shall be estimated using the .average of the
previous three years of actual hours of service .
ITEM 5 - INCIDENTAL COSTS
Item 5a - Engineering and_ Supervision
A fee of 7% of Items 1 through 4 shall be included in the annual
charge for Engineering and Supervision .
Item 5b - General Overhead Expenses
A fee of 8% of Items 1 through 4 shall be included in the annual.
charge for General Overhead Expenses .
• •
Exhibit A(28 of 29)
ITEM 6'• - TOWN' S SEWER RESERVE FUND
The annual sewer service charge shall include a charge for the TOWN's
' Sewer Reserve Fund at the written request of TOWN. The amount shall be
established by TOWN and shall be included by CITY in the annual sewer
service charge . CITY may decline to include reserve funds in years in
which no rate changes are proposed but in the third consecutive year with
no change, CITY shall include funds for reserve if so requested . Funds
are to be paid to TOWN by January 31 and May 31 in tax year collected .
SUMMARY
The total annual sewer service charge per unit for TOWN properties served
by CITY shall be the sum of Items 1 through 6 .
-
......-4 nub tic Right-of Way •
•
+ Private Property
cu
. .0
N o
°Q Location of sewer clean out,
Q o grade,rade, must be. in imrnediata
proximity to street rift- of way
I Street.Surface •
ri
h HouseQfI =�
Street�+ro �1
sewer Moil?
Lateral e%yib/e for
rodding service
1.I •
L' - Pecrerer-0*.r/rer*Retribilt
far--etea7 ambMarnfmrn3 -
N
CROSS SECTION
N
Exhibit u E ° SEWER LATERAL RODDING SERVICE
•
• ,0. Exhibit B(1 of 6)
SEWER AGREEMENT BETWEEN THE CITY OF LOS ALTOS AND THE CITY OF THE
TOWN OF LOS ALTOS HILLS
FIRST AMENDMENT TO AGREEMENT
This is the first amendment to that certain agreement between the City of Los Altos (City)
and the City of the Town of Los Altos Hills (Town) entitled SEWER AGREEMENT
BETWEEN THE CITY OF LOS ALTOS AND THE CITY OF THE TOWN OF LOS
ALTOS HILLS, entered into on March 26, 1985.
The parties agree that:
1. Section 3, Interim Limit on Connections, is amended by adding the following sentence to
the end of this section:
Furthermore, nothing in this Agreement obligates Town to provide sewer connections to
those who have acquired capacity rights or to those who have not.
2. Section 5d, Ownership of Sewers, is amended in full to read:
The sewer mains and appurtenances thereto, exclusive of laterals serving TOWN residents,
that lie within O'Keefe Lane from and including the manhole from 350 feet, more or less,
easterly of Dianne Drive to El Monte Avenue, shall vest in and be the property of CITY.
3. Section 10, Sewer Service Charge is amended in full to read:
The annual sewer service charge shall reimburse CITY for its costs incurred in transporting
and treating sewage emanating from TOWN and costs associated with maintaining and
operating a portion of TOWN's sewer system, Pine Lane Lift Station, O'Keefe Lift Station,
and certain shared sewer mains and trunk lines. For the service and use to be provided by
the CITY under terms hereof, CITY shall charge an annual sewer service charge to
properties within the corporate limits of TOWN in accordance with revised Exhibit "C"
attached hereto and incorporated herein by reference. Upon determining the amount of the
annual sewer service charge for the next fiscal year, CITY shall notify TOWN in writing
no later than April 15th of each year. The CITY may include the annual sewer service
charges on the County property tax billings for properties within TOWN.by submitting the
individual charges directly to the County Tax Collector by CITY only after TOWN has
had a reasonable opportunity to reviewthe proposed annual sewer service charge. If the
Town has not approved by resolution the amount of the proposed annual sewer service
charge by May 15, of any year, CITY may process charges to Tax Collector subject to a
mutually agreed upon adjustment to the following year's sewer service charge.
Page 1
i • • • Exhibit B(2 of 6)
4. Section 12, Pine Lane Lift Station is amended in full to read:
•
12. Pine Lane Lift Station and O'Keefe Lift Station All of the costs related to operating
the Pine Lane Lift Station and O'Keefe Lift Station shall be shared between CITY and
TOWN based on the number of single family residential connections and equivalent single
family connections served in each jurisdiction. TOWN's proportionate share shall be
included in the annual sewer service charge. In the event that TOWN is eventually able to
physically divert its sewage away from the Pine Lane Lift Station, upon such diversion the
TOWN's obligation to share in the costs of the lift station shall cease.
5. Section 21, Sewer Connection Permits, is amended in full to read:
Before connecting any individual dwelling or other structure in Town to any sewer facility
that is or that eventually connects to a City maintained sewer, in addition to any permits
required by Town, a City sewer connection permit must first be obtained for said
connection from City. In order to obtain a City sewer connection permit, applicants must
pay all appropriate fees established byCity. In order to obtain anynecessary Town
P Y tY rY
Permits, applicants must pay all appropriate fees established by Town.
Town shall send quarterly reports of final building inspections, including sewer hook-ups
on primary and secondary dwellings, in the geographical area covered by this Agreement,
to City to ascertain that all appropriate connections have obtained permits from City.
City sewer permit fees shall be collected in accordance with the Los Altos Municipal Code
and this Agreement.
6. Exhibit "C", DETERMINATION OF ANNUAL SEWER SERVICE CHARGES FOR
TOWN OF LOS ALTOS HILLS first paragraph is amended as shown on the revised
Exhibit C attached hereto.
7. Except as amended herein, all terms and conditions of said agreement shall remain in full
force and effect.
Page 2
• • Exhibit B(3 of 6)
WHEREFORE the parties have entered into this amendment to agreement on the dates shown
below:
"TOWN" "CITY"
CITY OF TOWN OF LOS ALTOS CITY OF LOS ALTOS, a municipal
HILLS, a municipal corporation. corporation.
DATE April 7, 1993 DATE Gj—&L4 - a(
By: By:
City Manag=i City Manager
• . )
City Clerk City Clerk
A'PROVED AS T• ORM: APPROVED AS TO FORM:
. ,.,�
- _____
City A lt rney Ci Attorney
Page 3
S • Exhibit B(4 of 6)
Revised January 14, 1993
EXHIBIT
C
DETERMINATION OF ANNUAL SEWER CHARGES FOR TOWN OF LO
_ S ALTOS
HILLS
The CITY shall prepare an estimate of
costs no later than April 15th of each year for the
purpose of determining the annual charge for sewer service in TOWN for the following fiscal
year (July 1 - June 30). The background for the cost estimation and the proposed Resolution
fixing the annual charge shall be submitted to TOWN. City shall notify TOWN if no rate
adjustment is to occur. When a delay occurs in receiving information from the City of Palo
Alto, CITY shall submit the information available and shall furnish the Palo Alto information.
when received. For purposes of the historical cost data relative to Items 3 and 4, prior service
years shall cover the period of March 1 through February 28 (or February 29 in leap years),
and TOWN shall be notified if any changes in these dates are proposed.
This estimate will include the following seven items:
ITEM 1 - TREATMENT PLANT EXPENSES
Annual Treatment Cost per unit =
300 gallons per day x 365 days x cost of treatment per gallon*
` Cost of treatment per gallon shall be based on estimates prepared by the City of Palo
Alto and shall be on the total estimated treatment cost to Los Altos divided by the
total estimated flow from Los Altos service area.
The projected cost per unit shall be adjusted by the difference between the actual and
estimated cost per unit for the previous complete fiscal year (for example, in
computing the cost for FY 93-94 in April of 1993, the adjustment will be based on the
difference between actual and estimated costs for FY 91-92).
ITEM 2 =TRUNK SEWER MAINTENANCE COSTS
Annual Trunk Maintenance Cost per Unit =
300 gallons per day x Estimated total annual trunk maintenance cost •
Total Trunk Flow per day
• Cost to be estimated by Los Altos City Engineer and identified in each year's
operating budget.
Page 4
• • Exhibit B(5 of 6)
ITEM.3 - COLLECTION SYSTEM MAINTENANCE COSTS
Cost of collection system maintenance in TOWN shall be based on actual services provided.
Cost of Collection System Maintenance per Unit =
Estimated collection system maintenance cost in TOWN'
Total Number of Town Units
Based on hours of service and at an hourly rate including labor, fringe benefits,
equipment, materials, and incidental services. The hourly rate shall be determined
each year by the Los Altos City Engineer and shall be identified in the City's
operating budget.
The number ofhours of service shall be estimated by averaging the hours of service
for the previous three years. In years prior to FY 82-83, the hours of service shall be
estimated and from FY 82-83 and beyond, actual time records of hours of service will
be used. If in the previous service year the City incurred "outside" costs (i.e.
emergency repair work by contractors sewage backup damages, etc.), the maintenance
cost estimate based on hours of service shall be adjusted so as to reimburse the CITY
for "outside"costs.
ITEM 4 - LIFT STATION EXPENSES
Cost of lift station expenses per unit =
TOWN's cost of Pine Lane + TOWN's cost of O'Keefe
total number of TOWN units in the Los Altos Basin
Item 4a - where TOWN's Cost of Pine Lane-Lift-Station-pUnit
Number of TOWN units using Estimated annual cost of maintenance and operation*
through Pine Lane Lift Station x of Pine Lane Lift Station
Total number of TOWN-units Total-units-th-rough-station
using Pine Lane Lift Station
Cost to include labor fringe benefits, equipment, materials, electricity, alarm system
costs, an allocation for future equipment replacement, and any other services directly
related to the lift station. Labor hours shall be estimated using the average of the
previous three years of actual hours of service.
Page 5
4 • • *,:`' •
Exhibit B(6 of 6)
Item 4b - and TOWN's Cost of O'Keefe-Lift-Station- Unit
Number of TOWN units using Estimated annual cost of maintenance and operation*
through O'Keefe Lift Station x of O'Keefe Lift Station
Total number of TOWN-units mal-un-its-through-station
using O'Keefe Lift Station
Cost to include labor fringe benefits, equipment, materials, electricity, alarm system costs, an
allocation for future equipment replacement, and any other services directly related to the lift
station. Labor hours shall be estimated using the average of the previous three years of actual
hours of service.
ITEM 5-.INCIDENTAL COSTS
Item 5a=Engineering_and Supervision
A fee of 7% of Items 1 through 4 shall be included in the annual charge for Engineering and
Supervision.
Item 5b -General overhead Expenses
A fee of 7 8% of Items 1 through 4 shall be included in the annual charge for General Overhead
Expenses
ITEM 6- TOWN'S SEWER RESERVE FUND
The annual sewer service charge shall include a charge for the TOWN's Sewer Reserve Fund at the
written request of TOWN. The amount shall be established by TOWN and shall beincluded by CITY
in the annual sewer service charge. CITY may decline to include reserve funds in years in which no
rate changes are proposed but in the third consecutive year with no change, CITY shall include funds
for reserve if so requested. Funds are to be paid to TOWN by January 31 and May 31 in tax year
collected.
SUMMARY
The total annual sewer service charge per unit for TOWN properties served by CITY shall be the sum
of Items 1 through 6.
Page 6
• •
TOWN OF LOS ALTOS HILLS
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EXHIBIT "C" — TOWN AREA SERVED BY SUMMERHILL AVENUE SEWER MAIN
• •
TOWN OF LOS ALTOS HILLS
N
+ •
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EXHIBIT "D" - TOWN AREA SERVED BY EL MONTE TRUNK SEWER
0 •
• TOWN OF LOS ALTOS HILLS
N .
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'"*" 1 ‘.N7s‘`
EXHIBIT "E" - TOWN AREA SERVED BY ADOBE CREEK SEWER
(SHEET 1 OF 2)
r
TOWN OF LOS ALTOS HILLS
N
•
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43 _q,.
EXHIBIT "E” - TOWN AREA SERVED BY ADOBE CREEK SEWER
(SHEET 2 OF 2)
S S i
CITY OF LOS ALTOS j
N
iffr 41"
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EXHIBIT "F" - CITY AREA SERVED BY O'KEEFE LANE SEWER
• 0
TOWN OF LOS ALTOS HILLS
itk,
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•
Exhibit "G" - Los Altos Basin Boundaries within the Town of Los Altos Hills
and its Sphere of Influence