Item 12 Staff Report Adopt Resolution Approving Continued Collection of the Countrywide AB 939 Implementation FeeCOUNCIL AGENDA
DATE: 7-18-94
ITEM NO. 1 -
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: July 12, 1994
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
C(2
SUBJECT: ADOPT RESOLUTIOIfAPPROVING CONTINUED COLLECTION OFTHE 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 current agreement, which expires in July of 1994, authorizes a fee of $1.00 per ton of material Iandfilled.
Continuing the fee at the current rate provides an estimated revenue of $31,700 for FY 1994-95. That
estimated revenue is approximately $5,000 below 1993-94 revenues; increases in the volume of material
being recycled is reducing the tons of material being landfilled.
The Solid Waste Technical Advisory Committee and the Solid Waste Commission have recommended that
the fee be increased from $1.00 to $1.15 to maintain the 1993-94 revenue level to the participating agencies.
Without the increase, 1994-95 revenues will be below 1993-94 levels and will fall short of budgeted levels.
The Santa Clara County Board of Supervisors approved the new fee at its June 21, 1994, meeting.
ENVIRONMENTAL ASSESSMENT:
This is not a project as defined under CEQA, and no further action is required.
PREPARED BY: Regina A. F
Community
RAF:dr
CSD 14:A: CNCLRPTS\implemen.fee
es Director
ATTACHMENTS: See page 2 for list of attachments.
DISTRIBUTION: See page 2 for distribution.
7/12/94 11:32 am
File #
Reviewed by:
Attorney Clerk
Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION APPROVING CONTINUED COLLECTION OF THE COUNTY -WIDE AB 939
IMPLEMENTATION FEE
July 12, 1994
FISCAL IMPACT:
Authorization of a fee continuation at an increased rate of $1.15 per ton will produce an estimated revenue
of $36,500 to the Town of Los Gatos for FY 1994-95 (2210-48500). This estimated revenue was used in
preparing the recently adopted budget for FY 1994-95.
ATTACHMENTS:
1. Resolution
2. Agreement
DISTRIBUTION:
Margaret J. Rands, Program Manager, County of Santa Clara, Dept. of Planning and Development, Office
of Toxics 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
RESOLUTION 1994
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 implement-
ing 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 $1.15 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 jurisdic-
tions), and distribute the Fee to said participating jurisdictions
according to the formula in said agreement; and
CSD08: A: \CS071894. R00
-1-
WHEREAS, pursuant to Public Resources Code Section 41901,
each participating jurisdiction must approve the collection of the
Fee;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS: that the Town Manager be authoriz-
ed to execute the Agency Agreement for a Countywide AB 939
Implementation Fee.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 18th day
of July, 1994, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\CS071894.R00
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
-2-
AGENCY AGREEMENT FOR A COUNTYWIDE
AB 939 IMPLEMENTATION FEE
This Agreement is made by and between the
(City) and the County of Santa Clara (County) on the day of
1994.
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; and
WHEREAS, the Solid Waste Commission of Santa Clara County has determined
that a Countywide AB 939 Implementation Fee (Fee) for each ton of wastes disposed
of at landfills located within the county should be collected from landfill operators
to assist in funding the costs of preparing, adopting and implementing the
integrated waste management plan in the fifteen cities and the unincorporated areas
of the county; and
WHEREAS, the County of Santa Clara will collect said Fee from each landfill in the
county on behalf of the fifteen cities and the unincorporated area (Participating
Jurisdictions), and will apportion the Fee according to formula;
NOW, THEREFORE, CITY AND COUNTY AGREE AS FOLLOWS:
1. PURPOSE. The purpose of this Agreement is to state the terms and conditions
under which County will collect the Fee on each ton of wastes landfilled at
permitted landfills located within the county, and will apportion the Fee to City and
other Participating Jurisdictions. This Agreement adjusts the Fee established by the
Agency Agreement executed in 1992.
2. SERVICES PROVIDED BY COUNTY. The County will collect and distribute the
Fee revenues. The County will collect the Fee by billing operators of the landfills
listed in Exhibit A, and any landfill site subsequently permitted, on a quarterly basis
using data from tonnage reports filed by landfill operators with the Santa Clara
County Integrated Waste Management Program. The revenue collected will be
distributed to City and to other Participating Jurisdictions based on the formulae set
forth in Exhibit B. The County shall not be obligated to distribute to Participating
Jurisdictions revenues which, despite the County's best efforts, the County has been
unable to collect from landfill operators.
3. ROLE OF PARTICIPATING JURISDICTIONS. Within 60 days of the end of each
quarter, each Participating Jurisdiction shall submit a completed summary claim
1
form to the County Integrated Waste Management Program for the share of the Fee
revenue to be based on documented tonnage. The Participating Jurisdictions will
attach franchised or contracted waste stream documentation to the claim form, and
will maintain detailed records supporting such claims, such as weight tags and
disposal receipts, and have them available for inspection upon written request by
County, or any other Participating Jurisdiction.
4. AMOUNT OF FEE COLLECTED. The Fee shall be collected in the amount of $1.15
per ton of wastes disposed of at landfills located within the county. No additional
administrative fee shall be collected. The revenue share each Participating
Jurisdiction will receive shall be used to assist in funding the costs of preparing,
adopting and implementing the integrated waste management plan in said
Participating Jurisdiction. City shall indemnify, hold harmless, and defend County,
its officers, agents, and employees with respect to any loss, damage, liability, cost or
expenses, including attorney fees, arising from misuse of the Fee distributed to City.
County shall indemnify, hold harmless, and defend City, its officers, agents, and
employees with respect to any actions brought by third parties based on County's
negligence in the collection or distribution of said fees.
5. DISTRIBUTION OF FEE. 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, 1996.
6. LATE PAYMENTS. If Fee payments are not received from landfill operators
prior to scheduled distribution of payments to Participating Jurisdictions, payment
distribution shall be calculated on a pro rata share of monies received. Upon
collection, late Fee payments and accrued delinquent penalties, if any, shall be
distributed among Participating Jurisdictions in the same manner as Fee payments
for undocumented tonnage pursuant to Exhibit B.
7. ACCOUNTING. County shall maintain records of all transactions related to
collection and distribution of the Fee for at least five (5) years after the termination
date of this Agreement, unless otherwise required by law to retain such records for a
longer period. Such records will be available for inspection upon written request by
City, and will include but not be limited to tonnage reports submitted by landfills,
waste stream documentation provided by the Participating Jurisdictions, and
payments made by the landfills to the County and by the County to the Participating
Jurisdictions.
8. REQUEST FOR REVIEW. In the event City has a dispute with the calculation of
its share, City may request in writing a review by County within 10 days of receipt of
their Fee allocation. The review shall be performed within 30 days and results shall
be reported to City in writing.
2
9. EFFECTIVE DATE OF AGREEMENT: This agreement takes effect only upon
approval by all Participating Jurisdictions. Approval constitutes return of a fully
executed Agreement to County.
10. TERM OF AGREEMENT. The term of this Agreement shall be from July 1, 1994,
to June 30, 1996, or until all revenue from the last quarter's Fee payments has been
distributed. 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, 1996.
11. AMENDMENT. Each party to this Agreement shall designate a representative
who shall be authorized to approve changes in the distribution formulae for
submission and approval by the Solid Waste Commission of Santa Clara County.
12. EXTENSION OF TERM. This Agreement may be extended for succeeding two-
year terms if all Participating Jurisdictions so agree in writing.
13. NOTICES. All notices and payments shall be made as follows:
City of
County of Santa Clara:
Integrated Waste Management Program Manager
Santa Clara County Solid Waste Program
1735 North First Street, Suite 275
. San Jose, CA 95112
3
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates as
stated 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:
g-a-TV
Brian Carr Date
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
by:
Title: Date
4
EXHIBIT A
LANDFILLS LOCATED IN THE NORTH COUNTY AREA
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Owens-Corning Fiberglas Landfill
Palo Alto Refuse Disposal Area
Zanker Road Landfill
LANDFILL LOCATED IN THE SOUTH COUNTY AREA
Pacheco Pass Sanitary Landfill
5
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.
6
Exhibit B, continued
(b) For jurisdictions using the Pacheco Pass Landfill, the Fee will be distributed
according to the following formula :
S = N x PLT x P
where:
S = each jurisdiction's share of the fee revenue
N = fee amount (currently $1.15 per ton).
PLT = tonnage landfilled at Pacheco Pass
P = participating jurisdiction's share of the Pacheco Pass Landfilled
Tonnage, expressed as a percentage:
County = 20%*
Gilroy = 48%*
Morgan Hill = 32%*
* percentages based on the South County Disposed Waste Characterization Study,
July 1991, prepared by CalRecovery, Inc.
7
RESOLUTION 1994 - 105
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 Implemen-
tation Fee (Fee) of $1.15 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 the
formula in said agreement; and
CSD08:A:\CS071894.105
-1-
WHEREAS, pursuant to Public Resources Code Section 41901, each
participating jurisdiction must approve the collection of the Fee;
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.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 18th day of July, 1994, by the following vote:
COUNCIL MEMBERS:
AYES: Steven Blanton, Linda Lubeck, Patrick O'Laughlin
NAYS: None.
ABSENT: Joanne Benjamin, Mayor Randy Attaway
ABSTAIN: None.
SIGNED:
ATTEST:
/s/ Patrick O'Laughlin
VICE MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\CS071894.105
-2-
INTERNAL TRACKING
_JMPLETE AND INITIAL EACH S . C,P
ACTION
AGENDA ITEM: / "- '—
RESOLUTION/ORDINANCE NUMBER: DESCRIPTION:
DATE
BY
LIST IN BOOK k, IA. .
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ON DISC? MARIAN'S FORM SENT TO DEPT.
PUBLISH IF REQUIRED
ORDINANCES ONLY
- Indicate date of
Publication.
WHEN SIGNATURE AND /s/ COPY (1 EACH) returned,
LIST ON SIGNATURE TRACKING & SEND TO MAYOR
SEND COPIES TO DEPT. DISTRIBUTION LIST
Dist. Report Date: NO.of COPIES:
TYPE ENVELOPES AND MAIL
BY CLERK/SEAL
qKSIGN
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
PUT OUR /s/ COPY IN BASKET.
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FILE IN VAULT
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SEND
:Ik:forms\ordres2
FOR CODIFICATION IF ORDINANCE !
031Z01
OFFICE OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEPT:
COUNCIL AGENDA DATE: % //f
COUNCIL AGENDA ITEM: / n
SUBJECT: / 9'7
Number:
Date of Adopt:
RESOLUTION /
/'9/1— l6'5— Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
COUNCIL ACTION:
AYES: /1
NAYS: —�
ABSENT: '-y65) '4Y e
ABSTAIN:
COUNCIL MEMBERS NAMES:
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
CLK: D14:\OTHER\ORDRES
July 18, 1994
Los Gatos, CaliforniE
COLLECTION/COUNTY/AB939 IMPLEMENTATION FEE/RESOLUTION 1994-105. (12. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-
105 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE
TOWN MANAGER TO EXECUTE AN AGREEMENT FOR THE COUNTYWIDE AB
939 FEE. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent.
OPEN CONTAINER/ALCOHOL/PUBLIC/PROHIBIT/ORDINANCE INTRODUCTION. (13. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council introduce an Ordinance
entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING SECTION
18.10.015 TO PROHIBIT POSSESSION OF AN OPEN CONTAINER OF ALCOHOL
IN A PUBLIC PLACE. Carried by three votes. Mrs. Benjamin and Mayor Attaway
absent. The Clerk read the title.
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council waive the reading.
Carried by three votes. Mrs. Benjamin and Mayor Attaway absent.
NONPOINT SOURCE PROGRAM FUND #220/NON INTEREST BEARING LOAN/$150,000 FROM
GENERAL FUND. (14. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council approve a non interest
bearing loan of $150,000 from the general fund #100 to the Nonpoint Source Fund
#220. Carried by three votes. Mrs. Benjamin and Mayor Attaway absent.
AGREEMENT/SAN JOSE WATER/REVOCABLE LICENSE/PUMPING STATION/CENTRAL
AVENUE/JACKSON STREET/RESOLUTION 1994-106. (15. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council adopt Resolution 1994-
106 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING
ADDENDUM NO 1 TO REVOCABLE LICENSE AGREEMENT WITH SAN JOSE
WATER COMPANY FOR USE OF THE TOWN PROPERTY LOCATED AT CENTRAL
AVENUE AND JACKSON STREET AND AUTHORIZING THE MAYOR TO
EXECUTE ADDENDUM NO.1. Carried by three votes. Mrs. Benjamin and Mayor
Attaway absent.
LEASE AGREEMENT/LIBRARY COPY MACHINES. (16. )
Motion by Mrs. Lubeck, seconded by Mr. Blanton, that Council authorize the Town
Manager to sign a lease agreement with Pitney -Bowes providing two copy machines in
the Library and to increase revenue account #100-46093 by $3,135.00 and expense
account #8510-61004 by $3, 135.00. Carried by three votes. Mrs. Benjamin and Mayor
Attaway absent.
CC:D6:MM071894 4