Item 14 Staff Report Adopt Resolution Authorizing the Town Manager to Execute an Amendment to the Agreement with the County of Santa Clara for the Continued Collection of the Countywide AB939 Implementation FeeCOUNCIL AGENDA REPORT
DATE: May 12, 1998
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
MEETING DATE: 5-18-98
ITEM NO.
ADOPT RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AMENDMENT TO THE AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR
THE CONTINUED COLLECTION OF THE COUNTYWIDE AB 939 IMPLEMENTATION
FEE
RECOMMENDATION:
Adopt resolution authorizing the Town Manager to execute an amendment to the agreement with the County of Santa
Clara for the continued 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, assessed on all wastes
landfilled in the County, provide funds to assist each participating municipality with implementing source reduction and
recycling programs required to meet AB 939's solid waste diversion goals.
In 1996, the Town approved collection of the fee for a third two-year term, which ends June 30, 1998. In order to keep
the fee in effect during FY 98/99 and FY 99/00, it must be reauthorized. The Solid Waste Commission recommends that
the fee be continued at $1.30 per ton for a two year term. The Santa Clara County Board of Supervisors approved the
fee extension at its April 28, 1998 meeting.
ENVIRONMENTAL ASSESSMENTS:
This is not a project defined under CEQA, and no further action is required.
FISCAL IMPACT:
Estimated revenue of $30,000 was used in preparing the Town's Operating Budget for FY 1998-99 (210-45500)
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 Toxics and
Solid Waste Management, 1735 North First Street, Suite 275, San Jose, CA 95112
Scott Hobson, Hilton, Farnkopf, and Hobson, 2201 Walnut Avenue, Suite 280, Fremont, CA 94538-2334
PREPARED BY: Regina A. Fal
Community S
csd34a:\cncIrpts\ i9iplemen.rpt
Reviewed by: AttQrney finance
s Director
Revised: 5/13/98 4:25 pm
Reformatted: 10/23/95
Exhibit A
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE CONTINUED
COLLECTION OF THE COUNTYWIDE AB 939 IMPLEMENTATION 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
CSD08:CS051898.r00
i
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 an Amendment to the Agreement with the County of Santa Clara for the continued
collection of the Countywide AB 939 Implementation Fee (Amendment 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 18th day of May, 1998 by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
CSD08:CS051898.r00
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:CS051898.r00
3
DEPTMENT:
AGENDA ITEM:
INTERNAL TRACKING
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RESO/ORD NUMBER: /99f
DALE
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C✓
LIST IN BOOK
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
MAIL TO DISTRIBUTION LIST
511')
i
NO.of COPIES:
PROOF OF MAILING PREPARED
SIGN BY CLERK/SEAL
7‘'
ENTER INTO ECM ORDINANCE/RESOLUTION FILE
FILE IN VAULT
CODIFICATION IF ORDINANCE !
i
c l k: d t 6: \ other\ordtes2
OFFI _ r OF THE TOWN CLERK
ORDINANCES & RESOLUTIONS
ORIGINATING DEFT:
COUNCIL AGENDA DATE:
COUNCIL AGENDA ITEM:
SUBJECT:
Number:
Date of Adopt:
Win. 1.)21711-:
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RESOLUTION
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PUBLICATION REQUIRED;
COUNCIL ACTION:
AYES:
NAYS:
ABSENT:
ABSTAIN:
0-072_,AAJ
COUNCIL MEMBERS NAMES:
Number:
Date of Intro:
Date of Adopt:
ZONE CHANGE:
Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor(or Chairman) LINDA LUBECK
ORDINANCE
ORDINANCES and RESOLUTIONS MUST BE RETURNED TO TOWN CLERK
BY WEDNESDAY AT 12 NOON.
ORDINANCES MUST BE READY FOR IMMEDIATE PUBLICATION
TC: 07: RESO-ORD
RESOLUTION 1998 - 65
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AMENDMENT TO THE
AGREEMENT WITH THE COUNTY OF SANTA CLARA FOR THE CONTINUED
COLLECTION OF THE COUNTYWIDE AB 939 IMPLEMENTATION 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;
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS
GATOS DOES HEREBY RESOLVE AS FOLLOWS: that the Town Manager be authorized
to execute an Amendment to the Agreement with the County of Santa Clara for the continued
collection of the Countywide AB 939 Implementation Fee (Amendment 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
i
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 18th day of May, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck.
NAYS: None
ABSENT: Joanne Benjamin
ABSTAIN: None
SIGNED /s/ Linda Lubeck
ATTEST:
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
2
ONCE OF THE TOWN CLERIC
AMR 48 os
ORD
R8C
SECOND AMENDMENT TO AGREEMENT RESCt /
This is the second 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, and previously amended on
the day of , 1996.
The parties agree that:
1. Said Agreement is amended as follows:
A. "FORMULA FOR DISTRIBUTION OF FEE," Exhibit "B" to the Agency
Agreement, is amended in full as set forth in the attachment hereto.
B. Paragraph 3 is deleted in its entirety.
C. Paragraph 5 is amended in full to read as follows:
County shall distribute the Fee to the Participating Jurisdictions
pursuant to the formula described in Exhibit B within 90 days of the end
of the calendar quarter for which the fee was collected. Payments shall
begin in late December, 1994, and continue quarterly through August,
2000.
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, 2000,
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, 2000.
2. Except as amended herein, all the terms and conditions of said Agreement
and the First Amendment to Agreement shall remain in full force and
effect.
3. The effective date of this Amendment is July 1, 1998.
EXHIBIT B
FORMULA FOR DISTRIBUTION OF FEE
The County of Santa Clara shall allocate proceeds of the AB 939
Implementation Fee to jurisdictions located in Santa Clara County based on
the tonnages for each jurisdiction as reported in quarterly landfill disposal
reports submitted to the County by landfill operators under the State of
California Disposal Reporting System.
Fees collected on tonnage originating outside of Santa Clara County will be
distributed to Santa Clara County jurisdictions according to each jurisdiction's
percent share of countywide population, according to the latest available State
Department of Finance Report.
3
Town Council Minutes May 18, 1998
Redevelopment Agency Los Gatos, California
AMICUS BRIEF/SAN BERNADINO EMPLOYEES/VS CITY OF FONTANA (06.01)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council authorize Town Attorney to
include the Town of Los Gatos as an amicus curiae in the case of San Bernadino Public
Employees Assn. v. City of Fontana, Division Two, Fourth Appellate District, at no cost to Town.
Carried unanimously. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
COMBINING ZONING DISTRICT DELETION FROM COUNTY ZONING ORDINANCE (08.47)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council concur with the County of
Santa Clara's recommendation to delete the "-cs" Combining Zoning District from the County's
Zoning Ordinance. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
BAY AREA AIR QUALITY MANAGEMENT DISTRICT/RETURN OF GRANT FUNDS (09.28)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council authorize return of Bay Area
Air Quality District grant monies from equipment replacement fund account 201-45025 in the
amount of $162, 580, authorize budget adjustments in fiscal impact and close the project.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
COMPLETION NOTICE/GREENBRIAR/TRACT 8899/RESOLUTION 1998-62 (10.09)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-62
entitled, RESOLUTION OF THE TOWN OF LOS GATOS ACCEPTING WORK OF
GREENBRIAR SARATOGA ROAD COMPANY. TRACT 8899. THE BELLGROVE
SUBDIVISION. AND AUTHORIZING THE TOWN MANAGER TO EXECUTE CERTIFICATE
OF ACCEPTANCE AND NOTICE OF COMPLETION FOR RECORDING BY TOWN CLERK.
Carried by a vote of 4 ayes. Mrs. Benjamin absent.
KNOWLES & CAPRI/TRAFFIC SIGNAL INSTALLATION/RESOLUTION 1998-63 (11.BX)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-63
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING ADJUSTMENT TO
1998-2003 CAPITAL IMPROVEMENT PROGRAM ALLOWING KNOWLES DRIVE AND
CAPRI DRIVE TRAFFIC SIGNAL INSTALLATION PROJECT TO BEGIN IN 1997-98 FISCAL
YEAR. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
OAK MEADOW PARK WALL/SANTA CLARA COUNTY PARKS/RESOLUTION 1998-64 (12.23)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-64
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO ENTER INTO A COOPERATIVE AGREEMENT WITH THE SANTA CLARA
COUNTY PARKS DEPARTMENT FOR THE RESTORATION OF THE OAK MEADOW PARK
GABION WALL. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
RENTAL DISPUTE RESOLUTION SERVICES/SANTA CLARA BAR ASSOC. (13.19)
This item was removed from the agenda because staff had not finalize the agreement.
SOLID WASTE DIVERSION/AB 939/SANTA CLARA COUNTY/RESOLUTION 1998-65 (14.08)
Motion by Mr. Attaway, seconded by Mr. Hutchins, that Council adopt Resolution 1998-65
entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING THE TOWN
MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE COUNTY
OF SANTA CLARA FOR THE CONTINUED COLLECTION OF THE COUNTYWIDE AB 939
IMPLEMENTATION FEE. Carried by a vote of 4 ayes. Mrs. Benjamin absent.
TC: D10: MM051898
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