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CC Resolution No. 09-059 AB 939 FeeRESOLUTIOr1 N0.09-059 A RESOLUTION OF THE CITY COUI\~CIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF T:HE AGENCY AGREEMENT FOR COUNTYWIDE AB939 I1VtPLEMENTATION FEE WHEREAS, there has been presented to tree City Council the "Agency Agreement for the Countywide AB939 Implementation Fee", between the County of Santa Clara and the City of Cupertino; and WHEREAS, a countywide AB939 Implementation Fee was established in 1992 to assist the fifteen cities and the county unincorporated area to fund the costs of preparing, adopting, and implementing an integrated waste management plan in each jurisdiction as specified in the agreement; and WHEREAS, the Recycling and Waste Reduction Commission of Santa Clara County has determined the fee should be $4.10 per ton for fis~~al year 2009-10 of the 1-year term of the new Agency Agreement for Countywide AB939 Implementation Fee (Agreement) (July 1, 2009 to June 30, 2010) and imposed on each ton of waste landfilled or incinerated within the county or taken to non-disposal facilities or collection facilities located outside the county; and WHEREAS, the Agency Agreement provides for the County to administer the program to collect fees, and distribute the fees to each jurisdiction; and WHEREAS, said Agreement states the terms and conditions under which County will collect and distribute the fee fora 1-year term that begins July 1, 2009, and provides for subsequent two-year extensions upon the written a€;reement of the County and cities; and WHEREAS, the provisions of the new ~~gency Agreement have been reviewed and approved by the Director of Public Works and the (:ity Attorney; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Cupertino hereby approves the "the Agency Agreement for the Countywide AB 939 Implementation Fee" and authorizes the Mayor and the City Clerk to execute said agreements on behalf of the City of Cupertino. PASSED AND ADOPTED at a regular adjourned meeting of the City Council of the City of Cupertino this 21 Sc day of Apri12009, by the following vote: Vote AYES: NOES: ABSENT: ABSTAIN: ATTEST: Members of the Citv Council Mahoney, Sandoval, :iantoro, Wang, Wong None None None City Clerk APPROVED: ~^'~ M or, City of Cu ertino