1998-065-Execute An Amendment To The Agreement With The County Of Santa Clara For The Continued Collection Of The Countywide AB 939 Implementation FeeRESOLUTION 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
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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 n ��
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK OF THE TOWN OF LrGGATOS
LOS GATOS. CALIFORNIA
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SECOND AMENDMENT TO AGREEMENT
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.
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
ATTEST:
Clerk, Board of Supervisors Date
APPROVED AS TO FORM AND LEGALITY:
Kathy Kretchnler Date �.
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
by:
Title:
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Date
Date
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.
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