CC Resolution No. 18-041 Authorizating an Agreement with Santa Clara County for Countywide AB 939 Implementation Fee for FY's 2019-2021RESOLUTION NO. 18-041
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING AN AGREEMENT WITH SANTA CLARA COUNTY FOR
COUNTYWIDE AB 939 IMPLEMENTATION FEE FOR FY's 2019-2021
WHEREAS, the countywide AB 939 Implementation Fee (Fee) was established in
1992 to assist and provide funding to the fifteen cities and the unincorporated areas of
Santa Clara County to cover the costs of preparing, adopting, and implementing an
integrated waste management plan, pursuant to a master agreement with the County; 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 2019, 2020,
and 2021 for the three-year term of the new Agreement, July 1, 2018 to June 30, 2021. 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 proposed Agreement affirms the applicable Fee, provides for the
County to administer the program, and establishes the terms and conditions under which
County will collect and distribute the Fee for the three-year term to each of the
participating jurisdictions; and
WHEREAS, the Director of Public Works recommends approval of the new
Agreement for Countywide AB939 Implementation Fee for FY's 2019-2021, as it may be
amended from time to time; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Cupertino hereby adopts this resolution approving the "Agreement for the Countywide
AB 939 Implementation Fee for FY's 2019-2021" and authorizes the City Manager or his
designee to take all necessary steps to execute and implement said Agreement, consistent
with this resolution, the accompanying council report, and subject to the City Attorney's
approval as to form.
Resolution No. 18-041
Page2
PASS ED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 1st day of May, 2018, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the City Council
Paul, Sinks, Chang, Scharf, Vaidhyanathan
None
None
None
APPROVED:
~Si,'rt
$aul,Ma~ Grace Schmidt, City Clerk
City of Cupertino
DocuSign Envelope ID : 8E705E32-01A6-4AEC-A14C-7C748853ADD7
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
This Agreement is made by and among the Cities and Towns of Campbell, Cupertino, Gilroy,
Los Altos, Los Altos Hills, Los Gatos, Milpitas, Morgan Hill, Monte Sereno, Mountain View,
Palo Alto, San Jose, Santa Clara, Saratoga, and Sunnyvale (CITIES) and the County of Santa
Clara (COUNTY) on the day of 2018 . The term CITIES may refer to
Cities collectively or a City individually.
RECITALS
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county, or city
and county may impose fees in amounts sufficient to pay the costs of preparing, adopting, and
implementing an integrated waste management plan;
WHEREAS, the Board of Supervisors established the Countywide AB939
Implementation Fee effective July 1, 1992 to fund local costs of preparing, adopting, and
implementing integrated waste management plans and programs;
WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County
("Commission") has determined that a Countywide AB939 Implementation Fee (Fee) is
necessary, pursuant to Public Resource Code 41901 , to assist in funding the costs of preparing,
adopting and implementing integrated waste management plans and programs in the fifteen cities
and the unincorporated area of the county;
WHEREAS, in 2015, the Board of Supervisors approved the Fee for Fiscal Years 2016,
2017, and 2018 at $4.10 per ton of waste to be disposed;
WHEREAS, the Commission hereby recommends that the Board approve the Fee for
Fiscal Years 2019, 2020, and 2021 at $4.10 per ton of waste to be disposed;
WHEREAS, the Fee shall be imposed on each ton of waste landfilled or incinerated
within the County; received at any non-disposal or collection facility located within the County
and subsequently transpo1ted for disposal or incineration outside of the County; collected from
any location within the County by a solid waste hauler operating pursuant to a franchise,
contract, license, or permit issued by any local jurisdiction and subsequently transported for
disposal or incineration outside of the County; or removed from any location in the County by
any person or business for disposal or incineration outside the County; and
WHEREAS, State law requires jurisdictions to plan and implement household hazardous
waste (HHW) services; and
WHEREAS, HHW programs provide household hazardous waste management services
to residents of Santa Clara County and are necessary services to enable jurisdictions to meet the
requirements of State law; and
AGREEMENT FOR COUNTYWIDE
AB939 IMPLEMENTATION FEE
FYs 2019 -2021 Page 1 of 14