12. Solid Waste agreements
City Hall
10300 Torre Avenue
Cupertino, CA 95014-3255
(408) 777-3354
FAX: (408) 777-3333
CITY OF
CUPEI\TINO
PUBLIC WORKS DEPARTMENT
SUMMARY
AGENDA ITEM
I'J-
AGENDA DATE May 15,2007
SUBJECT AND ISSUE
A. Resolution to approve the First Amendment to the Agency Agreement for Countywide
AB939 Implementation Fee.
B. Resolution to approve the First Amendment to the Agency Agreement for Countywide
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 compo sting
programs. Local agencies could determine their own activities to achieve the waste diversion
goals required by the bill.
The County has collected from landfills and non-disposal facilities within the county the
Countywide AB939 Implementation Fee, imposed on each ton of waste, since July 1992 on
behalf of the cities of Santa Clara County. Fee revenues are distributed to cities quarterly for the
purpose of funding city-specific programs required for meeting AB939 waste stream diversion
goals.
In May 2006 Cupertino's City Council approved the Agency Agreement for Countywide AB939
Implementation Fee for continued collection of the Fee for a three-year term beginning July 1,
2006. The Agreement included a one-year fee increase for FY 06-07, by 37 cents per ton, for a
total fee of $3.72 per ton. Of this fee, $2.22 per ton was to fund household hazardous waste
(HHW) services; the remaining $1.50 per ton was paid to cities to fund AB939 compliance
activities. The increase funded HHW services due to increases in universal waste collection.
Universal wastes are mercury-containing wastes such as batteries, mercury thermostats, and
lamps that contain mercury, including compact fluorescent lighting. As of February 8, 2006,
these items can no longer be landfilled and must be disposed of as hazardous waste. The 37 -cent
increase represented an estimated $500,000 for HHW services countywide, necessary to support
the collection of additional Universal Waste.
/;).-1
Printed on Recycled Paper
At mid-year FY 2006-07 the HHW Program revised the estimate to fund Universal Waste to
$293,000 per year or 20-cents per ton resulting in a proposed $3.55 per ton fee for FY 07-08.
The Recycling and Waste Reduction Commission, represented by city and County officials, has
recommended the fee increase for a period of one year of the remaining two-year term of the
agreement.
Over the past 12 months, discussions commenced to request funding from wastewater and storm
water agencies as an alternative to increasing the AB939 Implementation Fee. While both storm
water and wastewater agencies acknowledged the need for household hazardous .waste services,
more time is necessary to assess the legal and practical ability for these programs to raise
revenue and develop potential fee structures. County HHW staff will continue to engage in
negotiations to accomplish cost sharing for HHW services among solid waste, waste water
treatment plant and stormwater agencies and pursue extended producer responsibility as a 10ng-
term solution.
Cupertino receives approximately $60,000 annually from the AB939 fee, which is spent on
various source reduction and recycling activities, such as residential and commercial recycling
outreach, schools recycling, garage sale, and compost programs.
All fifteen cities must approve an Agency Agreement for Countywide AB939 Implementation
Fee by July 1, 2007. If one or more cities do not approve this agreement, the AB939 Fee will not
be collected. As in the past, because the landfills are located in San Jose, the City of San Jose
staff have noted that, in the event that the AB939 Fee fails to win local approval, the City of San
Jose has the authority and reserves the option to impose an equivalent fee on wastes disposed in
landfills located in San Jose, and would retain all revenue from that equivalent fee.
The First Amendment to the Agency Agreement for Countywide Household Hazardous Waste
Collection Program reflects changes to the fee amounts as described above and no longer refers
to the HHW Collection Facility located in San Jose on S. 10th St. That facility was closed this
past year and a replacement facility in San Jose is under development at this time.
Cupertino's proposed 2007-08 budget provides additional funds of $45,000 to provide HHW
services equivalent to over 6% of Cupertino's households.
FISCAL IMPACT
There is no fiscal impact to this action. The funding is included in the proposed FY 2007-08
operating budget in the amount of$45,000, funded from the Resource Recovery Fund.
STAFF RECOMMENDATION
Staff recommends that the City Council:
1. Adopt Resolution No. 07- Or1 , approving the First Amendment to the Agency
Agreement for Countywide AB 939 Implementation Fee.
/;;1-C).
2. Adopt Resolution No. 07 - 0 g- d , approving the First Amendment to the Agency
Agreement for Countywide Household Hazardous Waste Collection.
Submitted by:
Approved for Submission:
:::A~all~ U ~Ucf
Director of Public Works
~
David W. Knapp
City Manager
1;< -.3
RESOLUTION NO. 07-087
DRAFT
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF THE FIRST AMENDMENT TO THE AGENCY
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE
WHEREAS, there has been presented to the City Council the "First Amendment to 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 $3.55 per ton for fiscal year 2007-08 (July 1, 2007 through June 30,
2008) of the three year term of the Agency Agreement for Countywide AB939 Implementation
Fee (Agreement) (July 1, 2006 to June 30, 2009) 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 jurisdictions; and
WHEREAS, said Agreement states the terms and conditions under which County will
collect and distribute the fee for a three-year term that began July 1, 2006, and provides for
subsequent three-year extensions upon the written agreement of the County and cities; and
WHEREAS, the provisions of the First Amendment to the 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 "First Amendment to 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 15th day of May 2007, by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
Members of the City Council
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
I;;} -1
DRAFT
RESOLUTION NO. 07-088
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
WHEREAS, there has been presented to the City Council the "First Amendment
To The Agency Agreement For Countywide Household Hazardous Waste Collection
Program", between the County of Santa Clara and the City of Cupertino; and
WHEREAS, the First Amendment will provide for continued city participation in
the household hazardous waste collection program for fiscal year 2007-08; and
WHEREAS, the provisions of the 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 "First Amendment To The Agency 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 15th day of May, 2007, by the following vote:
Vote Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
APPROVED:
City Clerk
Mayor, City of Cupertino
1;)-5