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CC Resolution No. 11-068 Agency Agreement, Countywide AB939 Implementation Fee for FY11-12 RESOLUTION NO. 11 -068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE AGENCY AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE FOR FY 11 -12 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 2011 -12 of the 1 -year term of the new Agency Agreement for Countywide AB939 Implementation Fee (Agreement) (July 1, 2011 to June 30, 2012) 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, 2011, 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 "the Agency Agreement for the Countywide AB 939 Implementation Fee for FY 11 -12" 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 3rd day of May, 2011, by the following vote: Vote Members of the City Council AYES: Wong, Santoro, Chang, Mahoney, Wang NOES: None ABSENT: None ABSTAIN: None ATTEST: APPRO1YED: GA9,S,Lcd- City Clerk p pli A .4.1 Mayor, City of Cuperf