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2013-025 - SCC Recycling & Waste Reduction CommissionRESOLUTION 2013 -025 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR THE SANTA CLARA COUNTY RECYCLING AND WASTE REDUCTION COMMISSION TECHNICAL ADVISORY COMMITTEE WHEREAS, the California Integrated Waste Management Act, known as "AB 939" (Public Resources Code Section 40000 et seq.) enacted in 1989 required jurisdictions to divert 50% of waste from disposal by 2000, and as amended by Assembly Bill 341 in 2011 now establishes a statewide goal of diverting 75% of solid waste by 2020; and WHEREAS, in 1992 the Santa Clara County Board of Supervisors established the Solid Waste Commission of Santa Clara County to advise city councils and the Board of Supervisors on countywide solid waste and recycling issues, and in 2001 revised the name of the Commission to the "Recycling and Waste Reduction Commission of Santa Clara County" ( "the Commission "); and WHEREAS, the bylaws of the Commission included establishment of the Recycling and Waste Reduction Technical Advisory Committee ( "the TAC ") to provide technical advice to the Commission on solid waste management and policy and to assist in development of policies, and programs as well as revisions to the County Solid Waste Management Plan/Cormty Integrated Waste Management Plan; and WHEREAS, in accordance with the AB 939 provisions for financing solid waste diversion and planning activities, the County of Santa Clara levies and collects the Countywide Solid Waste Planning Fee ( "SWPF ") on each ton of solid waste disposed at landfills located within the County, on tons taken to non - disposal facilities located within the County and subsequently transported for disposal to landfills outside Santa Clara County, and on tons transported directly to disposal facilities located outside Santa Clara County, and the revenues from the SWPF, along with grants and voluntary contributions from agencies are used to fund the work of the Commission and the TAC; and 1 WHEREAS, the field of solid waste management and recycling has become much more complex since the TAC was originally established, and the Town of Los Gatos has found it useful and cost - effective to work jointly with other local jurisdictions through the Commission and the TAC in order to comply with the increasing number of new laws and regulations; and WHEREAS, the responsibilities of the TAC have evolved over time to include recommending, implementing, monitoring, and auditing the funding for existing and new countywide programs and these duties need to be formalized by the cities and the County; and WHEREAS, in 2009 the Commission and the TAC appointed an Organizational Study Committee and an Organizational Study Subcommittee, respectively, and retained the services of Arroyo Associates to evaluate the organizational structure of the countywide integrated waste management system, programs, staffing and services and in May 2012, held a public meeting to discuss the recommendations of the Organizational Study and directed the TAC to prepare an agreement between all the agencies in Santa Clara County that are responsible for AB 939 compliance to clarify, enumerate and memorialize the expanded duties of the TAC and to streamline the decision - making and reporting functions of the TAC; and WHEREAS, the Commission reviewed and approved the attached "Agreement Creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee" and has recommended the Agreement to the County and to all of the cities in Santa Clara County for consideration and approval; and WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the approval of the attached agreement is categorically exempt pursuant to Section 15308. NOW, THEREFORE, BE IT RESOLVED by the Town Council that the Town of Los Gatos enters into a Memorandum of Agreement creating the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee and staff is directed to appoint a representative to serve on the TAC and to notify the Commission that the Agreement has been approved. 2 BE IT FURTHER RESOLVED by the Town Council that the Town Manager is authorized and directed to execute the Memorandum of Agreement for the Santa Clara County Recycling and Waste Reduction Technical Advisory Committee. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 17th day of June, 2013, by the following vote: COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: [7% ( MAYOR OF/I -Hr- OF LOS GATOS LOS GAT OS, CALIFORNIA ATTEST: • kf�SO` C ADMINISTRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 3