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101-Staff Report.pdf PUBLIC WORKSDEPARTMENT CITY HALL 1010300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354www.cupertino.org CITY COUNCIL STAFF REPORT Meeting:May 3, 2011 Subject Agency Agreement for the Countywide AB939 Implementation Fee and the Agreement for Countywide Household Hazardous Waste Collection for FY 11-12. Recommended Action AdoptResolution Nos. 11-______ and 11-______. Description The current agreements will expire on June 30, 2011. The new agreements havebeen approved by the County of Santa Clara and presented to the fifteen cities for approval. Components of the Implementation Fee have been set at the appropriate levels to fund the AB939 and HHW programs. Discussion AB939 Implementation Fee for FY 11-12 The Recycling and Waste Reduction Commission (RWRC) of Santa Clara County has determined that in order to fund the HHW services and expanded Universal Waste management in the fifteen cities and the unincorporated area of the County, the Fee should be set at $4.10 per ton, which includes two components, $1.50 to fund AB939 Programs and $2.60 to fund the Countywide HHW Program. This fee reflects no increase from FY 2009-10 and from FY 2010- 11. Since July 1992, the County of Santa Clara has collected a Countywide AB939 Implementation Fee (Fee) from landfills and non-disposal facilities within the County. The Fee is levied on each ton of waste delivered to the landfills and non-disposal facilities. That portion of the Fee collected on behalf of the cities of Santa Clara County (approximately $50,000 to 60,000 annually for the City of Cupertino) is distributed to the cities quarterly for the purpose of funding city-specific programs required for meeting AB939 waste stream diversion goals. Countywide Household Hazardous Waste Collection program for FY 11-12 As in the past, the County recommends that the City augment its FY2011-12budgeted amount to meet estimated residential participation. The same augmentation that Cupertinobudgeted for FY 10-11,$65,000, is recommended to ensure thatits residents arenot turned away from the County’s drop-off eventsfor safe disposal of household hazardous waste. The City of Cupertino recentlystarted a pilot HHW collection program as part of its waste collection franchise Agreement with Recology. Beginning November 1, 2010, Recology began providing, by sub-contract with Waste Management Curbside LLC, door-to-door household hazardous waste collection service to Cupertino residents. Based on preliminary numbers, an average of fifty-five (55) households are using this service each month. It is too soon to determine the success of Cupertino’snew pilot HHW collection program. The sub-contracted company recently changed owners and Citystaff is beginning to evaluatethe City’s role and responsibility as a permitted residential hazardous waste collector. Therefore, staff recommends that the City continue to participate in the County HHW collection program in parallel with offering its door-to-door collection-by-appointment during fiscal year 2011-2012. Next year the County AB 939 and HHW agreements will bebrought back to Council forannual review andapproval. At that timethere will be overayear’s worth of data and residential feedback, which will helpto determine the success or drawbacks of the City’s pilotprogram. By keeping the HHW budget at $65,000 for FY 11-12, the City will provideCupertino residents with access to the County’s drive-through collection eventsin casethere are setbacks involving the pilot program. The City is invoicedannually for the residential participation that took place duringthe precedingfiscal year.The City paysonly for residents that actually participatedin the County’s drive-through events. In November 2010 the City was invoiced for $44,000 for participation in FY 09-10, leaving $21,000 in unspent budget for FY 09-10. Fiscal Impact Approvingthe AB939 Implementation Fee for FY 11-12will have no fiscal impact. Approving the Countywide Household Hazardous Waste Collection programfor FY 11-12and setting the budget at $65,000 for an additional year will ensure that Countywide HHW program is funded at the appropriate amount for Cupertino residents. _____________________________________ Prepared by:Cheri Donnelly, Environmental Programs Manager Reviewed by:Timm Borden, Director of Public Works Approved for Submission by:David W. Knapp, City Manager Attachments: A-Resolution,Agreement for CountywideAB939 Implementation Fee B-Resolution,Agreement for CountywideHousehold Hazardous WasteCollection Program C-Agreement for Countywide AB939 Implementation Fee D-Agreement for Countywide Household Hazardous Waste Collection Program