Item 8 Staff Report Adopt Resolution Approving Continued Collection of the Countrywide AB 939 Implementation FeeCOUNCIL AGENDA REPORT
DATE: June 6, 1996
TO: MAYOR AND TOWCOUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 6-17-96
ITEM NO.
ADOPT RESOLUTION APPROVING CONTINUED COLLECTION OF THE
COUNTYWIDE AB 939 IMPLEMENTATION FEE
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute an agreement with the County of Santa Clara for the
collection and distribution of the Countywide AB 939 Implementation Fee.
DISCUSSION:
In July 1992, the Town of Los Gatos and other cities in the county entered into an agreement with Santa Clara County
authorizing it to collect and distribute a Countywide AB 939 Implementation Fee. The fee's purpose is to provide funds
to assist each participating municipality with implementing its Source Reduction and Recycling Elements necessary to
meet the solid waste diversion requirements of AB 939.
The Solid Waste Technical Advisory Committee and the Solid Waste Commission recommend that the fee be increased
from $1.15 to $1.30 per ton to maintain the 1995-96 revenue levels. Without the increase, 1996-97 revenues will be
below 1995-96 levels due to success with diverting waste. The Santa Clara County Board of Supervisors approved the
new fee at its May 21, 1996, meeting.
ENVIRONMENTAL ASSESSMENTS:
This not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Estimated revenue of $31,760 was used in preparing the Town's Operating Budget for FY 1996-97 (2210-48500).
RAF:dr
CSD23: CNCLRPTS/IMPLEMEN. FEE
Attachments:
1. Resolution with Agreement as Exhibit A.
Distribution:
Margaret J. Rands, Program Manager, County of Santa Clara, Dept. of Planning and Development, Office of Toxies and
Solid Waste Management, 1735 North First Street, Suite 275, San Jose CA 95112
Vera Dahle-Lacaze, Monte Sereno Offices, 18041 Saratoga -Los Gatos Road, Monte Sereno, CA 95030
PREPARED BY: Regina A. Fallen
Community SeDirector
Reviewed by: Attorney
mance
Revised:6/6/96 4:19 pm
Reformatted: 10/23/95
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGENCY AGREEMENT FOR THE COUNTYWIDE AB 939 FEE
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; and
WHEREAS, the Town of Los Gatos, in agreement with the Solid Waste Commission
of Santa Clara County have determined that a Countywide AB 939 Implementation Fee (Fee)
of $1.30 per ton of waste disposed of at landfills located within the county should be collected
to assist in funding the costs of implementing the integrated waste management plan in the
fifteen cities and the unincorporated areas of the county; and
WHEREAS, the Town of Los Gatos finds that entering into an agreement for the
implementation of a Countywide AB 939 fee collection program is in the best interests of the
residents and businesses of the Town of Los Gatos; and
WHEREAS, the Solid Waste Commission of Santa Clara County has further determined
that the County should collect said Fee from each landfill in the county on behalf of all fifteen
cities and the unincorporated area within the county (participating jurisdictions), and distribute
the Fee to said participating jurisdictions according to formula; and
WHEREAS, pursuant to Public Resources Code Section 41901, each participating
jurisdiction must approve the collection of the Fee;
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the
Fee is a categorical exemption under Section 15308 and is a statutory exemption under Section
15273 of CEQA;
CSD08:CS061796.R00
i
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE AS FOLLOWS: that the Town Manager be authorized
to execute the Agency Agreement for a Countywide AB 939 Implementation Fee (Agreement
attached as Exhibit A).
THEREFORE, BE IT RESOLVED:
This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time
limits and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or
such shorter time as required by state or federal law.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Los Gatos, California, held on the day of , 199 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:CS061796.R00
2
DEPTMENT:
AGENDA ITEM:
INTERNAL TRACKING
A,3 939'
,
RESO/ORD NUMBER:
DATE
$y
Mc - Z
LIST IN BOOK
6 /7
Ave,
ON DISC OR SHARE. FORM SENT TO DEPT.
PUBLISH IF REQUIRED - Date of Publication
�--
ORDINANCES ONLY
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
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MAIL TO DISTRIBUTION LIST /
NO.of COPIES:_
66
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
.
,:
FILE IN VAULT
CODIFICATION IF ORDINANCE ►.
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OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
„Jf
40//7/96
RESOLUTION
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
qu-
Crn<zz7 RB 9,x/
COUNCIL MEMBERS NAMES:
Number.
Date of Intro:
Date of Adopt:
ZONE CHANGE:
ORDINANCE
Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor(or Chairman) RANDY ATTAWAY
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
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RESOLUTION 1996 - 70
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGENCY AGREEMENT FOR THE COUNTYWIDE AB 939 FEE
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; and
WHEREAS, the Town of Los Gatos, in agreement with the Solid Waste Commission of
Santa Clara County have determined that a Countywide AB 939 Implementation Fee (Fee) of
$1.30 per ton of waste disposed of at landfills located within the county should be collected to
assist in funding the costs of implementing the integrated waste management plan in the fifteen
cities and the unincorporated areas of the county; and
WHEREAS, the Town of Los Gatos finds that entering into an agreement for the
implementation of a Countywide AB 939 fee collection program is in the best interests of the
residents and businesses of the Town of Los Gatos; and
WHEREAS, the Solid Waste Commission of Santa Clara County has further determined
that the County should collect said Fee from each landfill in the county on behalf of all fifteen
cities and the unincorporated area within the county (participating jurisdictions), and distribute
the Fee to said participating jurisdictions according to formula; and
WHEREAS, pursuant to Public Resources Code Section 41901, each participating
jurisdiction must approve the collection of the Fee;
CSD08:CS061796.R70
1
WHEREAS, in accordance with the California Environmental Quality Act (CEQA), the
Fee is a categorical exemption under Section 15308 and is a statutory exemption under Section
15273 of CEQA;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE AS FOLLOWS: that the Town Manager be authorized
to execute the Agency Agreement for a Countywide AB 939 Implementation Fee (Agreement
attached as Exhibit A).
THEREFORE, BE IT RESOLVED:
This decision constitutes a final administrative decision pursuant to Code of Civil
Procedure section 1094.6 as adopted by section 1.10.085 of the Town Code of the Town of Los
Gatos. Any application for judicial relief from this decision must be sought within the time limits
and pursuant to the procedures established by Code of Civil Procedure section 1094.6, or such
shorter time as required by state or federal law.
CSD08:CS061796.R70
2
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, 1996 by the following vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: /s/ Randy Attaway
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:CS061796.R70
3
FIRST AMENDMENT TO AGREEMENT
This is the first amendment to that certain agreement by and between the
(City) and the County of Santa Clara ,(County), entitled
Agency Agreement for a Countywide AB 939 Implementation Fee, entered into
on the day of , 1994.
The parties agree that:
1. Said Agreement is amended as follows:
A. "FORMULAE FOR DISTRIBUTION OF FEE," Exhibit "B" to the Agency
Agreement, is amended in full as set forth in the attachment hereto.
B. The first sentence of Paragraph 4 is amended to read as follows:
Until June 30, 1996, the Fee shall be collected in the amount of $1.15 per
ton; beginning July 1, 1996, the Fee shall be collected in the amount of
$1.30 per ton of wastes disposed of at landfills located within the county.
The remaining provisions of Paragraph 4 remain in effect.
C. Paragraph 5 is amended in full to read as follows:
County shall distribute the Fee to the Participating Jurisdictions
pursuant to the formulae described in Exhibit B within 45 days of the
due date of City's Claim Form to the County. Payments shall begin in
late December, 1994, and continue quarterly through August, 1998.
D. Paragraph 10 is amended in full to read as follows:
The term of this Agreement shall be from July 1, 1994, to June 30, 1998,
or until all revenue from the last quarter's Fee payments has been
distributed, whichever is later. County will bill the operators of the
landfills listed in Exhibit A for the Fee commencing with the Quarter
ending September 30, 1994. Said landfills will be billed for the Fee
through June 30, 1998.
2. Except as amended herein, all the terms and conditions of said agreement
shall remain in full force and effect.
3. The effective date of this Amendment is July 1, 1996.
1
WHEREFORE the parties, through their duly authorized representatives, have
entered into this Amendment to Agreement on the dates shown below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
by:
Chairperson, Board of Supervisors Date
ATTEST:
Clerk, Board of Supervisors Date
APPROVED AS TO FORM AND LEGALITY:
„
(L/vv-•_Li
jCIWit"l1 r,1 ( S(ci9C.�
Kathy �AKrtchmer Date
Deputy County Counsel
"CITY"
Xi1(XVOFX TOWN OF LOS GATOS
a municipal corporation.
by:
Title: DAV I D KNAPP, TOWN MANAGER
APPROVED AS TO FORM: ATTEST:
Date
LARRY ANDERSON, TOWN ATTORNEY MARIAN V. COSGROVE, TOWN CLERK
2
EXHIBIT B
FORMULAE FOR DISTRIBUTION OF FEE
(a) For jurisdictions using landfills located in the North County Area, the Fee
will be distributed according to the following three -step formula:
First, calculate the debris recycling rate (DRR) for each landfill:
DRR = TRT/TDT
TDT = TGT-TDCT
where:
TRT = total recycled tons reported by landfill
TDT = total debris tons received by landfill which were available
for processing for recycling. TDT includes city debris box
tons (DBT), self -haul, and other undocumented waste.
TGT = total gate tons reported by landfill.
TDCT= total documented compacted tonnage for the landfill
reported by all jurisdictions.
Next, calculate each jurisdiction's documented tonnage (DT) by first
calculating the DT for each landfill (LDT) by jurisdiction:
LDT = DCT + [DBT - (DBT x DRR)]
where:
DCT = participating jurisdiction's documented compacted tonnage
DBT = participating jurisdiction's documented debris box tonnage
(Note: Debris generated or collected by Participating Jurisdictions in
performance of all municipal services shall be included with DCT or DBT
based on its documented disposition, regardless of the type of vehicle used for
hauling.)
and then sum each jurisdiction's LDT to arrive at the documented tonnage (DT)
Finally, calculate each jurisdiction's share of the fee revenue (S):
S= N[DT + PP(CT-CDT)]
•
N = fee amount (currently $1.15 per ton).
DT = participating jurisdiction's total documented tonnage.
PP = participating jurisdiction's percent of North County Area
population according to the latest available State
Department of Finance Report.
CT = total tonnage disposed in North County Area landfills
CDT = total North County Area documented tonnage.
3
Exhibit B, continued
(b) For jurisdictions using the Pacheco Pass Landfill, the Fee will be distributed
according to Disposal Reporting System reports filed by South Valley Disposal
and Recycling. Each quarterly Fee payment shall be calculated using the waste
disposal tonnages documented in the Disposal Reporting System report for the
City of Gilroy, City of Morgan Hill, and County of Santa Clara during the
quarter for which payment is due. Wastes which are disposed in the Pacheco
Pass Landfill, but which are not reported to have originated in the City of
Gilroy, City of Morgan Hill, or the County of Santa Clara shall be considered
"undocumented waste" and shall be distributed according to each jurisdiction's
percent of South County Area population according to the latest available State
Department of Finance Report.
4
June 17, 1996
Los Gatos, California
PAYROLL RATIFICATION/JUNE 1996 (02.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the check register for
the payroll of May 19 through June 1, 1996 paid on June 7, 1996 in the amount of $337,369.12.
Carried unanimously.
ACCOUNTS PAYABLE/RATIFICATION/MAY-JUNE 1996 (03.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council ratify the accompanying check
registers for accounts payable invoices paid on May 31, and June 7, 1996 in the amount of
$397,179.27. Carried unanimously.
MINUTES OF JUNE 3, 1996 (04.V)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council approve the Minutes of June
3, 1996 as submitted. Carried unanimously.
IMPLEMENTATION FEE/COUNTYWIDE/AB 939/RESOLUTION 1996-70 (08.06)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-70
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AGENCY AGREEMENT FOR THE COUNTRYWIDE AB 939
FEE. Carried unanimously.
COMMUNITY DEVELOPMENT BLOCK GRANT/HOUSING/RESOLUTION 1996-71 (09.19)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-71
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO A JOINT EXERCISE OF POWERS AGREEMENT AND
COOPERATION AGREEMENT TO UNDERTAKE OR TO ASSIST IN THE UNDERTAKING
OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND
COMMUNITY DEVELOPMENT ACT OF 1974 AS AMENDED FOR FISCAL YEARS 1997-
1999. Carried unanimously.
RECREATION DEPARTMENT LEASE/123 MAIN STREET/RESOLUTION 1996-72 (10.44)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-72
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER
TO ENTER INTO A LEASE AGREEMENT WITH THE LOS GATOS-SARATOGA
RECREATION DEPARTMENT FOR THE PROPERTY AT 123 MAIN STREET AND AMEND
THE PROPOSED 1996-01 CAPITAL IMPROVEMENT PROGRAM. Carried unanimously.
LOS GATOS CREEK TRAIL/BRIDGE AT LARK/COLLISHAW CONSTRUCTION
FUND TRANSFER/9517 PROJECT/RESOLUTION 1996-73 (11.35)
Motion by Mrs. Benjamin, seconded by Mr. Blanton, that Council adopt Resolution 1996-73
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE EXECUTION
OF AN AGREEMENT WITH COLLISHAW CONSTRUCTION. INC. FOR THE
CONSTRUCTION OF PROJECT 9517 LOS GATOS CREEK TRAIL BRIDGE AT LARK
AVENUE. Carried unanimously.
TC: D8: MM061796
2