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CC Resolution No. 03-101RESOLUTION NO. 03-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE AGENCY AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE WHEREAS, there has been presented to the City Council the "Agency Agreement for the Countywide AB 939 Implementation Fee", between the County of Santa Clara and the City of Cupertino; and WHEREAS, a countywide AB 939 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 increased to $3.35 per ton and imposed on each ton of waste disposed of at landfills located within the county or taken to non-disposal facilities located within 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 to begin July 1, 2003, and provides for subsequent three-year extensions upon the written agreement of the County and cities; 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 "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 2nd day of June 2003, by the following vote: Vote Members of the City Council AYES: Chang, James, Lowenthal, Sandoval NOES: None ABSENT: Kwok ABSTAiN: None ATTEST: City Clerk May~r, Ci~of~up~rtino ~