CC Resolution No. 08-061 AB939RESOLUTION NO. OS-061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AUTHORIZING EXECUTION OF THE SECOND AMENDMENT TO THE AGENCY
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE
WHEREAS, there has been presented to the City Council the "Second Amendment to 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 $3.55 per ton for fiscal year 2008-09 (July 1, 2008 through June 30,
2009) of the three year term of the Agency Agreement for Countywide AB939 Implementation
Fee (Agreement) (July 1, 2006 to June 30, 2009) 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 jurisdictions; and
WHEREAS, said Agreement states the terms and conditions under which County will
collect and distribute the fee for athree-year term that began July 1, 2006, and provides for
subsequent three-year extensions upon the written agreement of the County and cities; and
WHEREAS, the provisions of the Second Amendment to the Agency 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 "Second Amendment to 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 meeting of the City Council of the City of
Cupertino this 20t" day of May 2008, by the following vote:
Vote Members of the City Council
AYES: Sandoval, Mahoney, Santoro, Wang, Wong
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
City Clerk
APPROVED:
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Mayor, City of Cupertino