14. Solid Waste ManagementCUPERTINO
PUBLIC WORKS DEPARTMENT
SUMMARY
AGENDA ITEM I
AGENDA DATE May 4, 2010
SUBJECT AND ISSUE
Assembly Bill (AB) 939 Solid Waste Managerrimt programs:
a Adopt a resolution approving the Agency Agreement for the Countywide AB 939
Implementation Fee for FY 10 -11.
b. Adopt a resolution approving the Agreement for Countywide Household Hazardous
Waste Collection Program for FY 10 -11.
c. Adopt a resolution authorizing execution of the First Amendment to the Agency
Agreement for the Countywide Household Hazardous Waste Collection Program for FY
09 -10.
BACKGROUND
In 1989, the California Legislature passed AB 939, 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.
AB 939 Implementation Fee For FY 10 -11
Since July 1992, the County of Santa Clara has collected a Countywide AB 939 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 Clara County (approximately $60,000 annually for the
City of Cupertino) is distributed to the cities q uarterly for the purpose of funding city - specific
programs required for meeting AB 939 waste stream diversion goals.
Countywide Household Hazardous Waste Collection Program for FY 10 -11
The AB 939 Implementation Fee collected by the County on behalf of Cupertino is divided
between the City's AB 939 implementation program and the Household Hazardous Waste
(HHW) Collection Program administered by the County on the City's behalf, for which the
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County retains the balance of Cupertino's annual share of the Implementation Fee. As in the
past, the proposed 2010 -11 operating budget recommends additional funds ($65,000 for FY 10-
11) to provide HHW services for all Cupertino households that want to participate in the
County's HHW drop -off program. The City's augmentation of funds complements the basic
HHW Collection program administered by the County to cover approximately 8% of households.
The baseline for participation among Santa Clara County cities is 4% of the households.
Beginning November 1, 2010, the City's franchised garbage hauler, Recology (formerly known
as Los Altos Garbage Company), will provide, by sub - contract with Curbside Inc., door -to -door
household hazardous waste collection service to residents. Since the door -to -door collection will
not be available until November 1" 2010 and the percentage of residents that will choose to use
the door -to -door service is uncertain at this time, the City will utilize both the County's HHW
program and Curbside Inc.'s service -by- appointment throughout fiscal year 2010 -2011. Next
year, staff will reconsider funding the additional residential participation in the County's HHW
program in light of the residents' initial participation in the Curbside Inc. program.
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, 2010, both of the current Agreements will expire. The new Agreements have been
approved by the County of Santa Clara and presented to the fifteen cities for approval.
Components of the Implementation Fee have been set at the appropriate levels to fund the AB
939 and HHW programs. Both Agreements now need to be approved and executed.
The Recycling and Waste Reduction Commission (RWRC) of Santa Clara County has
determined that in order to fund 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 $4.10 per
ton, which includes two components, $1.50 to fund AB 939 Programs and $2.60 to fund the
Countywide HHW Program. This tonnage fee reflects no change from FY 2009 -10.
All fifteen cities are expected to approve the Agency Agreement for Countywide AB 939
Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection
Program before July 1, 2010. If one or more cities do not approve these agreements, the AB 939
Fee will not be collected and the current funding mechanism for providing Countywide HHW
services to residents will not be available.
The term of the new Agreement for the Countywide AB 939 Implementation Fee and the new
Agreement for the Countywide Household Hazardous Waste Collection Program shall be from
July 1, 2010 to June 30, 2011.
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First Amendment to the Agency Agreement f ir the Countywide Household Hazardous Waste
Collection Program for FY 09 -10
During FY 2009 -10 residents in the City of Cupertino have participated in safe disposal of
household hazardous waste through the County's HI-IW drive - through, drop -off program at a
higher level than anticipated. The City had agreed to pay up to $53,000 to provide County HHW
services for approximately 1,420 vehicle loads of HHW during FY 09 -10. However, after
review of actual service levels, Cupertino's year -end participation total is projected to be
approximately 1,570 vehicles. The County has asked the City to amend its previous year's
HHW Collection Agreement with the County to fund up to $63,000 thereby allowing more
vehicles to participate in drop -off service during the current fiscal year. The additional $10,000
will ensure that the County of Santa Clara wil]. continue to provide household hazardous waste
services to Cupertino residents for the remainder of FY 09 -10.
If the Amendment to the Agreement is not signed, the County would be forced to turn away
Cupertino residents that want to participate in the County's HHW Collection Program during the
remaining two months of this fiscal year.
FISCAL IMPACT
Adoption of the resolutions will facilitate the Countywide AB 939 Implementation Fee being set
at the appropriate level to fund the City's and Countywide AB 939 Implementation and HHW
Collection programs adequately. Adoption of the First Amendment to the FY 09 -10 HHW
Agreement will allocate $63,000 to pay expenditures for FY 09 -10 in FY 10 -11 (from account
520 - 8003 - 7108). Expenses for FY 09 -10 will be invoiced by the County September or October
of FY 10 -11. Sufficient funds are available for the increase in residential participation.
STAFF RECOMMENDATION
Staff recommends that the City Council:
a. Adopt Resolution No. 10 0 , approving the Agency Agreement for Countywide AB
939 Implementation Fee for FY 10 -11, and
b. Adopt Resolution No. 10 - 0$S" , approving the Agreement for Countywide Household
Hazardous Waste Collection for FY 10 1.
c. Adopt Resolution No. 10- 0,ft , authorizing execution of the First Amendment to the
Agency Agreement for the Countywide Household Hazardous Waste Collection Program
for FY 09 -10.
Submitted by:
c� cat'
Ralph A. Qualls, Jr.
Director of Public Works
Approved for Submission:
a3l>(
David W. Knapp
City Manager
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ATTACM4ENT A
RESOLUTION NO. 10 -084 DR AFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE AGENCY AGREEMENT FOR
COUNTYWIDE AB939 IMPLEMENTATION FEE FOR FY 10 -11
WHEREAS, there has been presented to the City Council the "Agency Agreement for the
Countywide AB939 Implementation 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 2010-11 of the 1 -year term of the new
Agency Agreement for Countywide AB939 Implementation Fee (Agreement) (July 1, 2010 to
June 30, 2011) and imposed on each ton of waste landfilled or incinerated within the county or
generated within the county and subsequently transported 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, 2010, and provides for
subsequent one -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 Agency Agreement for the Countywide AB 939 Implementation Fee for FY
10 -11" 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 4 1 day of May 2010, 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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ATTACHMENT B
RESOLUTIOPi NO. 10 -085 LJKAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
APPROVING THE AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 10 -11
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 prograrri for fiscal year 2010 -2011; and
WHEREAS, the provisions of the Agreement have been reviewed and approved
by the Director of Public Works and the City latorney;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby approves "The Agreement for Countywide Household Hazardous
Waste Collection Program for FY10 -11" 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 4 th day of May, 2010, 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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ATTACHMENT C
RESOLUTION NO. 10 -086 UKAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE
AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM FOR FY 09 -10
WHEREAS, there has been presented to the City Council the "First Amendment to the
Agency Agreement for the Countywide Household Hazardous Waste (HHW) Collection
Program ", between the County of Santa Clara and the City of Cupertino; and
WHEREAS, the residents in the City of Cupertino have participated in safe disposal of
household hazardous waste through the County's HHW drop -off program to a greater level than
anticipated; and
WHEREAS, an increase of $10,000, to the agreed upon budget for FY09 -10, will provide
the County of Santa Clara with sufficient funding to continue to provide household hazardous
waste drop -off services for the residents of the City of Cupertino for the remainder of FY 09 -10;
and
WHEREAS, the provisions of the First Amendment to the Agency Agreement for the
Countywide Household Hazardous Waste Collection Program 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 "First Amendment to the Agency Agreement for Countywide Household
Hazardous Waste Collection Program FOR FY 09 -10" and authorizes the Mayor and the City
Clerk to execute said amendment 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 4` day of May 2010, 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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ATTACHMENTS:
A - Resolution No. 10- y
B - Resolution No. 10- 0 .-
C -Resolution No. 10- 6 9�
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