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CC Resolution No. 12-061 Agreement for Countywide AB 939 Implementation Fee for FY 2012-2015 RESOLUTION NO. 12-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF THE AGREEMENT FOR COUNTYWIDE AB 939 IMPLEMENTATION FEE FOR FY 2012-2015 WHEREAS, there has been presented to the City Council the "Agreement for the Countywide AB 939 Implementation Fee" (Agreement), between the County of Santa Clara and the City of Cupertino; and WHEREAS, a countywide AB 939 Implementation Fee (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 remain at $4.10 per ton for Fiscal Years 2013, 2014, and 2015 for the three-year term of the new Agreement, July 1, 2012 to June 30, 2015. The Fee will be 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 Agreement provides for the County to administer the program to collect fees, and distribute the fees to each jurisdiction; and WHEREAS, said Agreement as amended states the terms and conditions under which County will collect and distribute the Fee for a three-year term; and WHEREAS, the provisions of the new 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 "Agreement for the Countywide AB 939 Implementation Fee for FY 2012- 2015" 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 19th day of June , 2012, by the following vote: Vote Members of the City Council AYES: Santoro, Mahoney, Chang, Wong NOES: None ABSENT: Sinks ABSTAIN: None ATTEST: APPROVED: Grace Schmidt, City Clerk Mark Santoro, Mayor, City of Cupertino