1996-070-Authorizing The Town Manager To Execute An Agency Agreement For The Countywide AB 939 FeeRESOLUTION 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.
CSDO8: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
Rfty& A
ABSENT: None
ABSTAIN: None
SIGNED:
MAYOR O HE TOWN O OS GATOS
LOS GATOS. CALIFORN
ATTEST:
CLERK OF THE TOWN OF L S GATOS
LOS GATOS, CALIFORNIA
CSD08:CS061796.R70 3
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 jurisdictions 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 jurisdictions 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.
CLERK
-:-2(, 0 1
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:.
ATTEST:
Chairperson, Board of Supervisors Date
Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
` 1
Kathy Kr tclimer
Deputy County Counsel
"CITY"
lCX1XD(y(0 IFX TOWN OF LOS GATOS
a municipal corporation.
APPROVED AS TO FORM:
Date
,->-Mg&
Date
Title: DAVID KNAPP, TOWN MANAGER Date
LARRY ANDERSON, TOWN ATTORNEY
2
ATTEST:
MARIAN V. COSGROVE, TOWN CLERK