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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: ---~ ~~ Mayor, City of Cupertino