1992-126 - Authorize Town Manager to execute an agency agreement for a County-wide AB 939 FeeRESOLUTION 1992 -126
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AGENCY AGREEMENT FOR A COUNTY -WIDE AS 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 County -wide AB 939 Implementation Fee (Fee) of $1.00 per ton of
waste disposed of at landfills located within the county should be
collected 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 Town of Los Gatos finds that entering into
an agreement for the implementation of a County -wide 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: \CS070692.126 - 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 County -wide 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 6th day
Of July, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Brent N. Ventura
NAYES: None.
ABSENT: Mayor Eric D. Carlson
ABSTAIN: None.
SIGNED:
fC � �ii2.c�
VICE -MAYOR OF HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
CLERK �0 THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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This Agreement is made by and between the TOWN OF LOS GATOS
(City) and the County of Santa Clara (County) on the 6th day of
JULY 1992.
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
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
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 a Fee on each ton of wastes
landfilled at permitted disposal sites located within the county, and will
apportion the Fee to City and other participating jurisdictions.
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 disposal site
subsequently permitted, on a quarterly basis using data from tonnage reports
filed by landfill operators with the State Board of Equalization and /or the
Regional Water Quality Control Board. The revenue collected will be
distributed to City and to other participating jurisdictions based on the
formula set out in paragraph 5 below. The County will not be responsible for
uncollected Fee revenues.
3. ROLE OF, PARTICIPATING JURISDICTIONS.
(a) Upon execution of this Agreement, each participating jurisdiction will
file information with the County Solid Waste Program of the Office of
Toxics and Solid Waste Management on programs to be funded with
Fee revenues. Information will include but not be limited to brief
summaries of funded programs and listing of the costs of such
programs.
(b) Within 30 days of the end of each quarter, each participating
jurisdiction shall submit a summary claim to the County Solid Waste
Program for the share of Fee revenue to be based on documented
tonnage. Said jurisdictions will maintain detailed records supporting
such claims, including 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 $1.00 per ton of wastes disposed of at landfills located within the County.
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 Fee distributed to City.
5. FORMULA FOR DISTRIBUTION OF FEE.
The Fee will be distributed according to the following formula:
S = DT + [(CT - TDT) x PP] x N
S = participating jurisdiction's share of Fee revenue
DT = participating jurisdiction's documented tonnage
CT = countywide tonnage disposed of in landfills
TDT = countywide documented tonnage
PP = participating jurisdiction's population according to the
latest available State Department of Finance Report,
expressed as a percentage of the total county population.
N = Fee amount, currently $1.00 per ton.
6. DISTRIBUTION OF FEE. County shall distribute the Fee to the
participating jurisdictions pursuant to the formula described above within 45
days of the due date of the Fee payment by the operators of the landfills.
Payments shall begin in late December, 1992, and continue quarterly through
August, 1994.
7. LATE PAYMENTS. If Fee payments are not received from landfill
operators prior to scheduled distribution of payments to cities, payments 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 according to the terms of the Agreement.
8. ACCOUNTING. County shall maintain records of all transactions related
to collection and distribution of the Fee, and have them available for
inspection upon written request by City. Such records will include but not be
limited to tonnage reports submitted by landfills, waste stream
documentation provided by participating jurisdictions, and payments made
by the landfills to the County and by the County to the participating
jurisdictions.
9. REQUEST FOR REVIEW. In the event City has a dispute with the
calculation of their 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 in writing.
10. 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 by July 31, 1992.
11. TERM OF AGREEMENT. This term of this Agreement shall be from July
1, 1992, to June 30, 1994, 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, 1992. Said landfills will be billed for the Fee through June 30,
1994.
12. EXTENSION OF TERM. This Agreement may be extended from year to
year with no change in terms or conditions if all participating jurisdictions so
agree in writing.
13. NOTICES. All notices and payments shall be made as follows:
9J79k TOWN OF LOS GATOS :
County of Santa Clara:
Solid Waste Program Manager
Santa Clara County Solid Waste Program
1735 North First Street, Suite 275
San Jose, CA 95112
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:
Donald M. Rains, Clerk Date
Board of Supervisors
APPROVED AS TO FORM AND LEGALITY:
Kathy Kretchmer Date
Deputy County Counsel
"CITY"
CITY OF
a municipal corporation.
Title: Date
LANDFILLS LOCATED IN SANTA CLARA COUNTY
All Purpose Landfill (Santa Clara)
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Mountain View Landfill
Newby Island Sanitary Landfill
Owens - Corning Fiberglas Landfill
Pacheco Pass Sanitary Landfill
Palo Alto Refuse Disposal Area
Sunnyvale Sanitary Landfill
Zanker Road Disposal and Recycling Center