102-A - Resolution, Agreement for Countywide AB939 Implementation Fee .pdf
ATTACHMENT A
RESOLUTION NO. 11-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF THE AGENCY AGREEMENT FOR
COUNTYWIDE AB939 IMPLEMENTATION FEE FOR FY 11-12
WHEREAS, there has been presented to the 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 $4.10per ton for fiscal year 2011-12of the 1-year term of the new
Agency Agreement for Countywide AB939 Implementation Fee (Agreement) (July 1, 2011to
June 30, 2012) and imposed on each ton of waste landfilled or incinerated within the county or
generated within the county and subsequently transportedto 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 for a 1-year term that beginsJuly 1, 2011, and provides for
subsequent one-year extensions upon the written agreement of the County and cities; and
WHEREAS, the provisions of the newAgency Agreement have been reviewed and
approved by the Director of Public Works and the City 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 for
FY 11-12”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 3rdday ofMay, 2011,by the following vote:
VoteMembers of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:APPROVED:
____________________________________________________
City ClerkMayor, City of Cupertino