HomeMy WebLinkAbout92-015 Countywide AB 939 Implementation Fee 92-015 COUNTYWIDE AB 939 IMPLEMENTATION FEE
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FIRST AMENDMENT TO AGREEMENT
This is the first amendment to that certain agreement by and between the CITY of
CUPERTINO (City) and the County of Santa Clara (County), entitled
Agency Agreement for a Countywide AB 939 Implementation Fee, entered into
on the 20TH day of DULY 1994.
The parties agree that:
1. Said Agreement is amended as follows:
A. "FORMULAE FOR DISTRIBUTION OF FEE," Exhibit "B" to the Agency
Agreement, is amended in full as set forth in the attachment hereto.
B. The first sentence of Paragraph 4 is amended to read as follows:
Until June 30, 1996, the Fee shall be collected in the amount of $1.15 per
ton; beginning July 1, 1996, the Fee shall be collected in the amount of
$1.30 per ton of wastes disposed of at landfills located within the county.
The remaining provisions of Paragraph 4 remain in effect.
C. Paragraph 5 is amended in full to read as follows:
County shall distribute the Fee to the Participating Jurisdictions
pursuant to the formulae described in Exhibit B within 45 days of the
due date of City's Claim Form to the County. Payments shall begin in
late December, 1994, and continue quarterly through August, 1998.
D. Paragraph 10 is amended in full to read as follows:
The term of this Agreement shall be from July 1, 1994, to June 30, 1998,
or until all revenue from the last quarter's Fee payments has been
distributed, whichever is later. County will bill the operators of the
landfills listed in Exhibit A for the Fee commencing with the Quarter
ending September 30, 1994. Said landfills will be billed for the Fee
through June 30, 1998.
2. Except as amended herein, all the terms and conditions of said agreement
shall remain in full force and effect.
3. The effective date of this Amendment is July 1, 1996.
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EXHIBIT B
FORMULAE FOR DISTRIBUTION OF FEE
(a) For jurisdictions using landfills located in the North County Area, the Fee
will be distributed according to the following three-step formula:
First, calculate the debris recycling rate (DRR) for each landfill:
DRR = TRT/TDT
TDT = TGT- TDCT
where:
TRT = total recycled tons reported by landfill
TDT = total debris tons received by landfill which were available
for processing for recycling. TDT includes city debris box
tors (DBT), self-haul, and other undocumented waste.
TGT = total gate tons reported by landfill.
TDCT= total documented compacted tonnage for the landfill
reported by all jurisdictions.
Next, calculate each jurisdiction's documented tonnage (DT) by first
calculating the DT for each landfill (LDT) by jurisdiction:
LDT = DCT + (DBT- (DBT x DRR)]
where:
DCT = participating jurisdiction's documented compacted tonnage
DBT = participating jurisdiction's documented debris box tonnage
(Note: Debris generated or collected by Participating Jurisdictions in
performance of all municipal services shall be included with DCT or DBT
based on its documented disposition,regardless of the type of vehicle used for
hauling.)
and then sum each jurisdiction's LDT to arrive at the documented tonnage (DT)
Finally, calculate each jurisdiction's share of the fee revenue (S):
S= N[DT+ PP(CT-CDT)j
N - fee amount (currently $1.15 per ton).
DT - participating jurisdiction's total documented tonnage.
PP - participating jurisdiction's percent of North County Area
population according to the latest available State
Department of Finance Report.
CT = total tonnage disposed in North County Area landfills
CDT = total North County Area documented tonnage.
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RESOLUTION OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF SANTA CLARA
AMENDING THE COUNTYWIDE SOLID WASTE PLANNING FEE
WHEREAS, pursuant to Public Resources Code Section 41901, a city,
county, or city and county may impose fees in amounts sufficient to pay the
costs of preparing, adopting, and implementing an integrated waste
management plan; and
WHEREAS, a Countywide Solid Waste Planning Fee (Fee) was
established in 1984 to support the Countywide Planning Program;
WHEREAS, a fee of 33c per ton of wastes disposed at landfills located
within the county was approved in 1995, but will not be sufficient to cover the
cost of the Countywide Planning Program in fiscal year 1997; and
WHEREAS, the Solid Waste Commission of Santa Clara County has
determined that a Fee of 42c per ton of wastes disposed of at landfills located
within the county should be collected to fund the countywide costs of
preparing, adopting, and implementing the integrated waste management plan
and other state-mandated activities; and countywide programs; and
WHEREAS, each city in Santa Clara County has been notified of the
intent to recommend that the Fee be set at 42c per ton on all wastes landfilled at
permitted disposal sites located within the county and has been informed of the
reasons for an increase in the Fee; and
WHEREAS, in accordance with the C alifornia Environmental Quality
Act (CEQA), the Fee is a categorical exemption under Section 15308 and is a
statutory exemption under Section 15273 of CEQA.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The County of Santa Clara approves the collection of a fee of 42e per
ton on all wastes landfilled at permitted disposal sites located within the
cow-ity; Fee to become effective July 1, 1996.
• 2. The Chairperson is authorized to execute the Agency Agreement for a
Countywide AB 939 Implementation Fee (Agreement) with each participating
jurisdiction.
3. The County shall bill the disposal site operators for the Fee and payment
shall be due to the County within 45 days of billing. If Fees are not paid within 45
days of the billing, additional charges shall be added as follows:
(a) a late processing fee of$150;
(b) a delinquent penalty of 1% per month shall be added if
balance is not paid w:thin 60 days.
4. Upon collection, the Fee and accrued delinquent penalties, if any, shall be
distributed among participating jurisdictions according to the terms of the
Agreement.
5. This Fee will become effective July 1, 1996, provided that all fifteen cities
approve the Agency Agreement for a Countywide AB 939 Implementation Fee by
July 1, 1996.
6. In accordance with CEQA, the Board of Supervisors finds that the
adjustment of the Fee is necessary for meeting operating expenses and purchasing
materials and services. The adjustment of the Fee is a categorical exemption under
Section 15308 and a statutory exemption under 15273 of the State CEQA guidelines.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara,
State of California on MAY 2 1 1956 by the following, vote:
AXES: Supervisor, AtVARADO, SEALL, GONZALES, HONDA, McKENW,
NOES: Supervisors None
ABSENT: Supervisors Aim
Chairperson Dl NE Mcl -'!SW Date
Board of Supervisors
ATTEST:
Phyll' erez, Clerk Date
Board of Supervisors
APPROVED AS TO FORAM AND LEGALITY:
_ t `
athy Kretc mer Date
Deputy County Counsel
3
County of Santa Clara
Fiivironmcntal Rcsources .,\g,,,n(-\,
PUBLIC WORKS 171
-T-Y
Ili illwi0ii Ilfcvcnrion Program k41?Ml J-1,1-1 19S
1-7,Ni PrTh Stim, 275 SEP 19 U
soll h),c 11,1 12
September 17, 1996
TO: TAC City Representatives
FROM: Paula Stoner V\
SUBJECT: COUNTYWIDE AB 939 IMPLEMENTATION FEE
Enclosed is an executed original of the First Amendment to Agreement for a
Countywide AB 939 Implementation Fee.
Please make a copy for your files and forward the original to your City Clerk.
Call me if you have any questions.
Board(A S11per\ "Itchael %I I folvill. Blanca H(n1 64)11ziflcs.Jamcs'r ii-all it Dionni,Xh K1,11fl,'i
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Cinunty®f Santa Mara
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Deparinuc►tt of KinninKi►nd D(,vvjopnx•nt
Office of Toxic.,and.,olio Vii- asu"M an,ag+c=n)ct)►
s, •.nrTh Firs( titre°r t_ SkIM, 7
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1-1 114t.�
September 18, 1992
Dorothy Cornelius, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
RE: Agency Agreement for a Countywide AB 939 Implementation Fee
Dear Ms. Cornelius:
Enclosed are two executed copies of the Agency Agreement for a Countywide AB 939
Implementation Fee between the City of Cupertino and the County.
If you have any questions, please call me.
Sincerely' /'
/-
Mariaret J. Rands
Solid Waste Program Manager
Enclosure
M)ard of supen-1sors: "'Uch:xO N1 111xi 'i, 7rm i_ut�n n, Itun
comm Executive:ti illy it i ti•tv t
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Cal NO. 8681
A rd=WZICN OF THE CITY COUNCIL %& THE CITY OF CUPERTM
AVnjMIZnG EKOW1I0N OF AGENCY AGREEKENT Fit A COUIMWIEB
AB939 INPLEMMMION FEE BZVWW 'THE C7OURN OF SANM C[ARA
ARID 7HE CITY CiF'' C UPEIdM O
MOMS, there has been prated to the City Council an "Agency
Agreement for a Countywide AS 939 Fee-, between the county
of Santa Clara-, and the City of 0 , which provides for thet County to
ada�ini.ster the program to collect fees for the cost of paring,
adapting, and impleam*_ing an integrated waste maneqmumt plan, all as
more particularly specifies in said aunt; and
wMMS, the provisions, terms, and vanditi,ons of said agreement have
been reviewed and approved by the Director of Public marks and the City
Attorney;
NOW, THEMM, BE IT RMMvED, that the City Council of the City of
Cupertino hereby authorizes the Mayor and the City Clerk to awaits said
aft on bdnlf of the City of Cupertino.
pASSED AND ADOITID at a regular meeting of the City Council of the
City of Cupertino this i5¢h clay of .Tune , 1992, by the
following vote:
vote Makers of the City C7ounc3.l
AYES: Dean, Goldman, Koppel, Sorensen
NOES: None ri ;z rtiF r r pY
^l�L. ON FILL
ABSENT: Szabo
OF THE CIl Y L.
ABSTRIN: None L.TY GLEFe
iJ CI i C 'ARK
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/s/ Lauralee Sorensen
Mayor, City of Cupertino
ATIM:
/s/ Dorothy Cornelius
City Clerk
AGENCY AGREEMENT FOR A COUNTYWIDE
AR 939 IMPLEMENTATION FEE
This Agreement is made by and between the C1 -7,� ,
(City) and the County of Santa Clara (County) on the. __ day of
0-11q 2 1992, 1992.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county,
or city and county may impose fees in amounts sufficient to pay the costs of
preparing, adopting, and implementing an integrated waste management
plan; and
WHEREAS, the Solid Waste Commission of Santa Clara County has
determined that a Countywide AB 939 Implementation nee (Fee) for each ton
of wastes disposed of at landfills located within the county should be collected
to assist in funding the costs of preparing, adopting and implementing the
integrated waste management plan in the fifteen cities and the
unincorporated areas of the county; and
WHEREAS, the County of Santa Clara will collect said Fee from each landfill
in the county on behalf of the fifteen cities and the unincorporated area
(participating jurisdictions), and will apportion the Fee according to formula;
NOW, THEREFORE, CITY AND COUNTY AGRE? AS FOLLOWS:
1. PURPOSE. The purpose of this Agreement is to state the terms and
conditions under which County will collect a Fee on each ton of wastes
landfilled at permitted disposal sites located within the county, and will
apportion the Fee to City and other participating jurisdictions.
2. SEFVJCES PRO`JIDED BY COUNTY. The Countv will collect and
distribute the Fee revenues. The County will collect the Fee by billing
operators of the landfills listed in Exhibit A, and any disposal site
subsequently permitted, on a quarterly basis using data from tonnage reports
filed by landfill operators with the State Board of Equalization and/or the
Regional Water Quality Control Board. The revenue collected will be
distributed to City and to other participating jurisdictions based on the
formula set out in paragraph 5 below. The County will not be responsible for
uncollected Fee revenues.
3. ROLE OF PARTICIPATING JURISDiCTTONS.
(a) Upon execution of this Agreement, each participating jurisdiction will
file information with the County Solid Wastz Program of the Office of
Toxics and Solid Waste Management on programs to be funded with
Fee revenues. Information will include but not be limited to brief
summaries of funded programs and listing of the costs of such
programs.
(b) Within 30 days of the end of each quarter, each participating
jurisdiction shall submit a summary claim to the County Solid Waste
Program for the share of Fee revenue to be based on documented
tonnage. Said jurisdictions will maintain detailed records supporting
such claims, including weight tags and dispersal receipts, and have
them available for inspection upon written ...!quest by County, or any
other participating jurisdiction.
4. AMOUNT OF FEE COLLECTED. The Fee shall be collected in the amount
of$1.00 per ton of wastes disposed of at landfills located within the County.
The revenue share each participating jurisdiction will receive shall be used to
assist in funding the costs of preparing, adopting and implementing the
integrated waste management plan in said participating jurisdiction. City
shall indemnify, held harmless, and defend County, its officers, agents, and
employees with respect to any loss, damage, liability, cost or expenses,
including attorney fees, arising from misuse of Fee distributed to City.
5. FORMULA FOR DISTRIBUTION OF FEE.
The Fee will be distributed according to the following formula:
S = DT + RCT-TDT) xPPJxN
S = participating jurisdiction's share of Fee revenue
DT = participating jurisdiction's documented tonnage
CT = countywide tonnage disposed of in landfills
TDT = countywide documented tonnage
PP = participating jurisdiction's population according to the
latest available State Department of Finance Report,
expressed as a percentage of the total county population.
N = Fee amount, currently $1.00 per ton.
6. DISTRIB€JTION OF FEE. County shall distribute the Fee to tLe
participating jurisdictions pursuant to the formula described above within 45
days of the due date of the Fee payment by the operators of the landfills.
Payments shall begin in late December, 1992, and continue quarterly through
August, 1994.
7. LATE PAYMENTS. If Fee payments are not received from landfill
operators prior to scheduled distribution of payments to cities, payments shall
be calculated on a pro rata share of monies received. Upon collection, late Fee
payments and accrued delinquent penalties, if any, shall be distributed among
participating jurisdictions according to the terms of the Agreement.
8. ACCOUNTING. County shall maintain records of all transactions related
to collection and distribution of the Fee, and have them available for
inspection upon written request by City. Such records will include but not be
limited to tonnage reports submitted by Iandfills, waste stream
documentation provided by participating jurisdictions, and payments made
by the landfills to the County and by the County to the participating
jurisdictions.
9. REQUEST FOR REVIEW. In the event City has a dispute with the
calculation of their share, City may request in writing a review by County
within 10 days of receipt of their Fee allocation.' The review -hall be
performed within 30 days and results shall be reported in writing.
10. EFFECTIVE DATE OF AGREEMENT: This agreement takes Effect only
upon approval by all participating jurisdictions. Approval constitutes return
of a fully executed Agreement to County by July 31, 1992.
1i. TERM OF AGREEMENT. This term of this Agreement Shall be from July
1, 1992, to June 30, 1994, or until all revenue from the last quarter's Fee
payments has been distributed. County will bill the operators of the landfills
listed in Exhibit A for the Fee commencing with the Quarter ending
September 30, 1992. Said landfills will be billed for the Fee through June 30,
1994.
12. EXTENSION OF TERM. This Agreement may be extended from year to
year with no change in terms or conditions if all participating jurisdictions so
agree in writing.
13. NOTICES. All notices and payments shall be made as follows:
City Of CUPERTINO
FINANCE OFFICE
10300 TORRE AVENUE
CUPERTINO CA 95014
0
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EXHIBIT A
LANDFILLS LOCAIAED IN SANTA CLARA COUNTY
All Purpose Landfill (Santa Clara)
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Mountain View Landfill
Newby Island Sanitary Landfill
Owens-Corning Fiberglas Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Sunnyvale Sanitary Landfill
Zanker Road Disposal and Recycling Center
County of Santa Clara:
Solid Waste Program Manager
Santa Clara County Solid Waste Program
1735 North First Street, Suite 275
San Jose, CA 95112
IN WITNESS WHEREOF, the parties have executed this Agreement on the
dates as stated below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
b - . ` JUN 2 1992
Chairpe'fion -�qAid of Supervisors Date
. c
Phyllis A P AITEST:
Assistant Clerk _
of the Board of ��� 2 ��9�
Supervisors
DqXald M. Rains, Cle Date
and of Supervisor
APPROVED AS TO FORM AND LEGALITY:
Kathy Kretchmer Date'
Deputy County Counsel
"CITY"
ATTES
CITY OF Cupertino j' G
a municipal corporation. Z-z a
City Clerk'
• Title: mayor Date
APPROVED AS TO FORM:
City Attorney