15. AB 939 Solid Waste ManagementCUPERTINO
SUMMARY
AGENDA ITEM
PUBLIC WORKS DEPARTMENT
AGENDA DATE Anril 21.2009
SUBJECT AND ISSUE
Consideration by Council of the following two items related to AB 939 Solid Waste
Management programs:
1. Resolution to approve the Agency Agreement for Countywide AB939 Implementation Fee.
2. Resolution to approve the Agreement for C;ountywide Household Hazardous Waste
Collection Program.
BACKGROUND
In 1989, the California Legislature passed AB939, which mandated that cities and counties divert
from landfills 50% of their solid waste through source reduction, recycling and composting
programs. Local agencies could determine their own activities to achieve the waste diversion
goals required by the bill.
AB939 Implementation Fee
Since July 1992, the County of Santa Claza has'. collected a Countywide AB939 Implementation
Fee (Fee) from landfills and non-disposal facilities within the County. The Fee is levied on each
ton of waste delivered to the landfills and non-disposal facilities. That portion of the Fee
collected on behalf of the cities of Santa Claza County is distributed to the cities quarterly for the
purpose of funding city-specific programs required for meeting AB939 waste stream diversion
goals.
The portion on the AB939 Implementation Fee collected by the County on behalf of Cupertino is
divided between the City's AB939 implementation program, for which the City receives
approximately $60,000 annually from the Fee proceeds, and the component of the Household
Hazardous Waste (IIIIW) Collection Program administered by the County on the City's behalf,
for which the County retains the balance of Cupertino's annual share of the Fee. The Fee
proceeds that the City receives are programmed for various source reduction and recycling
activities expenditures, such as residential and commercial recycling outreach, schools recycling,
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garage sale, and compost programs. As in the past, the proposed 2009-10 operating budget
recommends additional funds of $53,000 to provide County HI1W services for a total of
approximately 8% of Cupertino's households, which complements the basic HHW Collection
program administered by the County.
In order for the Countywide AB 939 Implementation Fee to continue to be collected and
distributed, the County of Santa Clara and the fifteen cities within the County, including
Cupertino, have negotiated and are prepared to execute a new Agency Agreement for the
Countywide AB 939 Implementation Fee. HHW Program services are directly mandated under
AB 939, which establishes statutory authority to provide for funding to support planning and
implementation of integrated waste management programs. In order to facilitate a portion of the
Implementation Fee being directed to this latter purpose, the County and the fifteen cities have
negotiated and are prepared to execute an Agreement for the Household Hazardous Waste
Collection Program.
On June 30, 2009, both of the current Agreements will expire_ The new Agreements have been
approved by the County of Santa Clara and presented to the fi$een cities foi approval.
Components of the Implementation Fee have been set at the appropriate levels to fund the
AB939 and HHW programs. Both Agreements now need to be approved and executed.
Implementation Fee Levels Necessary to Fund AB 939 Implementation and HHW CoIIecfion
The Recycling and Waste Reduction Commission of Santa Clara County has determined that in
order to fiord the HHW services and expanded Universal Waste management in the fifteen cities
and the unincorporated area of the County, the Fee should be set at $4.1 O per ton, which includes
two components, $1.50 to food AB939 Programs and $2.60 to fund the Countywide HHW
Program.
All fi$een cities are expected to approve the Agency Agreement for Countywide AB 939
Implementation Fee before July 1, 2009. If one or more cities do not approve this agreement, the
AB 939 Fee will not be collected and the current funding mechanism for providing Countywide
HHW services to residents will not be available.
Term of the Agreements
The term of the new Agreements shall be from July 1, 2009 to June 30, 201 O, or until all revenue
from the last quarter's Fee payments has been distributed, whichever is later.
FISCAL. IMPACT
Approval of the resolutions will facilitate the Countywide AB939 Implementation Fee being set
at the appropriate level to fund the City's and Countywide AB939 Implementation and HHW
Collection programs adequately.
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STAFF RECOMMENDATION
Staff recommends that the City Council=
Adopt Resolution No. 09- QS~ , approviing the Agency Agreement for Countywide AB
939 Implementation Fee.
2_ Adopt Resolution No_ 09 - ~ ~d ,approving the Agreement for Countywide Household
Hazardous Waste Collection.
Submitted by. Approved for Submission.
`~ ,c2 C...~ C~ Gt Cif ~
Ralph A. Qualls, Jr_ ~~
Director of Public Works
~~~
David W. Knapp
City Manager
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RESOLUTION NO. 09-059
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF THE AGENCY AGREEMENT FOR
COUNTYWIDE AB939 IMPLEMENTATION FEE
WHEREAS, there has been presented to the City Council the "Agency Agreement for the
Countywide AB939 Implemen#ation Fee", between the County of Santa Clara and the City of
Cupertino; and
WHEREAS, a countywide AB939 Implementation Fee was established in 1992 to assist
the fifteen cities and the county unincorporated area to fund the costs of preparing, adopting, and
implementing an integrated waste management plan in each jurisdiction as specified in the
agreement; and
WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has
determined the fee should be $4.10 per ton for fiscal year 2009-10 of the 1-year term of the new
Agency Agreement for Countywide AB939 Implementation Fee (Agreement) (July 1, 2009 to
June 30, 2010) and imposed on each ton of waste landfilled or incinerated within the .county or
taken to non-disposal facilities or collection facilities located outside the county; and
WHEREAS, the Agency Agreement provides for the County to administer the program to
collect fees, and distribute the fees to each jurisdiction; and
WHEREAS, said Agreement states the terms and conditions under which County will
collect and distribute the fee for a 1-year term that begins July 1, 2009, and provides for
subsequent two-year extensions upon the written agreement of the County and cities; and
WHEREAS, the provisions of the new Agency Agreement have been reviewed and
approved by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino
hereby approves the "the Agency Agreement for the Countywide AB 939 Implementation Fee"
and authorizes the Mayor and the City Clerk to execute said agreements on behalf of the City of
Cupertino.
PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City
of Cupertino this 21St day of April 2009, by the following vote:
Vote Members of the City Council
AYES
NOES :
ABSENT:
ABSTAIN:
ATTEST: APPROVED:
City Clerk
Mayor, City of Cupertino
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8
RESOLUTIOrJ NO. 09-060
A RESOLUTION OF THE CITY COUhfCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF
THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE CC-LLECTION PROGRAM
WHEREAS, there has been presented to the City Council a new "Agreement For
Countywide Household Hazardous Waste Collection Program", between the County of
Santa Clara and the City of Cupertino; and
WHEREAS, the Agreement will provide for continued city participation in the
household hazardous waste collection program for fiscal year 2009-201 O; and
WHEREAS, the provisions of the Agreement have been reviewed and approved
by the Director of Public Works and the City Attorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves the "The Agreement For Countywide Household Hazardous
Waste Collection Program" and authorizes the Mayor and the City Clerk to execute said
Agreement on behalf of the City of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 21St day of April, 2009, by the following vote:
Vote Members of the City Council
AYES:
NOES
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
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