CC Resolution No. 8528
RESOLUTION NO. 8528
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CUPERTINO APPROVING AMENDMENTS
TO THE FRANCHISE AGREEMENT BETWEEN THE
CITY OF CUPERTINO AND LOS ALTOS GARBAGE
COMPANY
The City Council of the City of Cupertino Resolves
as follows:
WHEREAS, the City Council has previously adopted
Ordinance No. 1572
amending Chapter 6.24 of the
Cupertino Municipal Code, relating to garbage disposal,
to provide for mandatory collection service, lien init-
iation and recording, collection of delinquent charges
as special assessment and establishment of misdemeanor
offense for violation of garbage collection require-
ments¡ and
WHEREAS, the City Council has previously adopted
Ordinance No.
1571
adding Chapter 9.18 to the
Cupertino Municipal Code for the purpose of meeting
federally mandated nonpoint source control and storm-
water management program and establishing an environ-
mental fee; and
WHEREAS, the City of Cupertino and Los Altos
Garbage Company, on
November 4
, 1991, executed
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.
amendments to their Franchise Agreement dated Noyember
15, 1965 in accord with Ordinance Nos.
1571 and 1572;
and
WHEREAS, said Amendment to Franchise Agreement has
been presented to the City Council at a noticed public
hearing on October 21 ,1991.
NOW, THEREFORE, it is hereby resolved by the City
Council of the City of Cupertino that after hearing and
reviewing the evidence presented the attached Amendment
to Franchise Agreement, executed on November l4, 1991, is
hereby accepted, noted and filed.
PASSED AND ADOPTED at a regular City Council meet-
ing of the City of Cupertino this 21st
of October
,
1991, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Goldman, Rogers, Sorensen, Szabo, Koppel
None
None
None
APPROVED:
Mayor, City of Cupertino
ATTEST:
City Clerk
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AMENDMENT TO FRANCHISE AGREEMENT
AGREEMENT, made this 21st day of October ,
1991, by and between the CITY OF CUPERTINO, ("CITY") a
municipal corporation, and LOS ALTOS GARBAGE COMPANY,
INC. ("COMPANY"), a California corporation.
RECITALS
WHEREAS, CITY and COMPANY entered into a written
Franchise Agreement dated February 15, 1991.
WHEREAS, a Nonpoint Source Program, intended to
cleanup storm water pollution from urban runoff that
flows to creeks and channels, is mandated by the federal
government and is being monitored by a National Pollu-
tion Discharge Elimination System Permit issued by the
Regional Water Quality Control Board San Francisco Bay
Region.
NOW, THEREFORE, CITY and COMPANY agree to supple-
ment and modify the Franchise Agreement as follows:
1. Following the execution of this Agreement,
CITY shall promptly enact such amendments to Chapter
6.24 of the Cupertino Municipal Code as may be necessary
or appropriate in order to accomplish the following:
(a) Establishment of mandatory solid waste
collection service for both residential and non-residen-
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tial properties. With respect to multi-family residen-
tial properties, each dwelling unit shall be regarded as
a separate residential customer unless service is pro-
vided to the entire property at commercial rates.
(b) Establishment of procedure for collec-
tion of CITY'S delinquent accounts through the imposi-
tion of liens against the real property for which the
service was rendered. The amount of the lien, together
with interest and penalties thereon, shall be collected
in the same manner as general ad valorem property taxes.
Collection costs owed to the County of Santa Clara shall
be paid first out of penalties and then out of interest
to the extent the penalty is insufficient to pay the
total cost. Any balance of the penalty shall be paid to
the CITY and any balance of the interest shall be paid
to COMPANY. Further, the delinquent garbage collection
service charges and late charges shall be paid to COM-
PANY, and the related administrative charges and assess-
ment charges shall be paid to the CITY.
(c) Establishment of a misdemeanor offense,
punishable by the issuance of citations and the payment
of fines and/or imprisonment as provided in Chapter 1.12
of the Cupertino Municipal Code.
2. Following the execution of this Agreement,
CITY shall promptly enact a Nonpoint Source Pollution
Ordinance as Chapter 9.18 of the Cupertino Municipal
Code in order to accomplish the following:
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(a) Establishment of an environmental fee
assessed to cover the costs of CITY'S federally mandated
Nonpoint Source Control and Storm Water Management Pro-
gram. COMPANY shall collect CITY'S environmental fees
in the same manner it collects fees for garbage collec-
tion.
(b) Establishment of procedure for collec-
tion of CITY'S delinquent accounts through the imposi-
tion of liens against the real property for which the
service was rendered. The amount of the lien, together
with interest and penalties thereon, shall be collected
in the same manner as general ad valorem property taxes.
Collection costs owed to the County of Santa Clara shall
be paid first out of penalties and then out of interest
to the extent the penalty is insufficient to pay the
total cost. Any balance of the penalty shall be paid to
the CITY and any balance of the interest shall be paid
to COMPANY. Further, the delinquent garbage collection
service charges and late charges shall be paid to COM-
PANY, and the related administrative charges and assess-
ment charges shall be paid to the CITY.
(c) Establishment of a misdemeanor offense,
punishable by the issuance of citations and the payment
of fines and/or imprisonment as provided in Chapter 1.12
of the Cupertino Municipal Code.
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3. COMPANY agrees to impose and collect an annual
environmental fee as follows:
Single-family parcels $8.00/parcel per year
Townhouses $4.00/unit per year
Commercial/Industrial/Apts. $96.00/acre per year
Vacant parcels $24.00/acre per year
As the program cost may vary annually, it is
understood and agreed that the above annual fees may be
annually modified by resolution.
4. COMPANY agrees not to impose CITY'S environ-
mental fee on the following exempted properties only:
Central Fire
City of Cupertino
Cupertino Union School District
Foothill Community College
Fremont Union High School
United States Post Office
Midpenninsula Regional Park District
Santa Clara County
Santa Clara Valley Water District
Southern Pacific
State of California
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5. With the inclusion of the modifications and
amendments, the Franchise Agreement is declared to be in
full force and effect.
IN WITNESS WHEREOF, the parties to this Agreement
hereby indicate their acknowledgment and acceptance of
the terms and conditions stated herein by executing this
Agreement this 21st day of October, 1991.
CITY OF CUPERTINO,
a California Municipal
Corporation
APPROVED AS TO FORM:
By: /s/ Barb Koppel
Mayor
/s/ Charles Killiam
City Attorney
ATTEST:
/s/ Dorothy Cornelius
City Clerk
LOS ALTOS GARBAGE COMPANY,
INC., a California corporation
By: /s/ Jonathan M. Angin
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