89-122 Allocation of Capacities at the Recyclery-Newby Island Landfill with Santa Clara County, Cupertino, Los Altos, Los Altos Hills, Reso 7749 RE SCI UTT'IC K NO. 7749
A RE50ILTTrIC N OF UM CITY OOUNCIL OF UM CITY OF CIJPE RTIM
AUIIHORIZIM EXECUTION OF ACEI' PROVIDING FOR TM ALLOCATIC N
OF CAPACI'T'IES AT TM RRC'YC=NEWSY ISLAND LANDS= EEIWEEN
'IHS 'OOUNI'Y OF SAM CLARA AND ME CITIES OF CJPEIMM AND
LOS AiaW AND rM 'IOM OF TOS AUTW HILLS
YMAS, there has been presented to the City Council a proposed
agreement between the County of Santa Clara and the Cities of Cupertino
and Los Altos and the Town of Los Altos Hills providing for the allocation
of capacities at the RecycleryNewby Island Landfill; and
TERFAS, the provisions, tern, and ccnditions of said agreement have
been reviewed and approved by the Director of Public Works and the City
Attorney;
NOW, MEFCM, EE IT RESOLVED that the City Council of the City of
Cupertino hereby approves the aforementioned agreement and authorizes the
Mayor and the City Clerk to execute said agreement in behalf of the City
of Cupertino.
PASSED AND ADOPTED at a regular meeting of the City Council of the
City of Cupertino this 21st day of February , 1989, by the
following vote:
vote Members of the City Council
AYES: Gatto, Koppel, Rogers, Plungy
THIS IS TO CERTIFY THAT THE WITHIN
NOES: None INS 'RLIMENT IS ATMJE AND CORRECT COPY
OF THE 11RI13INAL ON FILE IN THIS OFFICE.
AB=: Johnson
ATTEST"�� 1
raj: None CITY CLE^ ' O- .Fi CITY OF (jERTINO
BY
CITJCLERK
AT=: APPROVED:
/s/ ' Dorothy Cornelius /s/ John J. Plungy, Jr.
City Clerk Mayor, City of Cupertino
l
AGREEMENT PROVIDING FOR THE ALLOCATION OF
CAPACITIES AT THE RECYCLERY-NEWBY ISLAND
LANDFILL BETWEEN THE COUNTY OF SANTA CLARA
AND THE CITIES OF CUPERTINO AND LOS ALTOS
AND THE TOWN OF LOS ALTOS HILLS
A,P R 1 1 1989
This Agreement is entered into this day of - 19899
by and between the County of Santa Clara ("County") a chartered
county, and the City of Cupertino , the City of Los Altos , and the
Town of Los Altos Hills , all California municipal corporations
("the cities") .
Recitals
WHEREAS, the cities and the County have each entered into
their own certain written agreement with International Disposal
Corporation of California , a wholly-owned subsidiary of Browning-
Ferris Industries , Inc . ("BFI") for the right to dispose of solid
waste at the Recyclery-Newby Island Landfill site ("Newby Island")
owned by BFI ; and
WHEREAS , each said certain written Agreement is entitled
"Agreement for Disposal of Municipal Solid Waste" and the
Agreement pertinent to the City signatory to this agreement is
attached hereto as Exhibit "A" and is hereafter referred to as
"the BFI Agreement" ; and
WHEREAS , the term "city" as used in the BFI Agreement includes
all the geographic area lying within the municipal boundaries
of the city and all of the unincorporated geographic area lying
within the boundary agreement area of each city as defined herein ;
and
CONTRACTOR'S COPY
WHEREAS, County is also a signatory to the BFI Agreement to
share in the benefits and obligations of said agreement for the
unincorporated area lying within the boundary agreement area of
each city; and
WHEREAS , the 30 year allocation quantity of each city under
the BFI Agreement includes solid waste from waste producers
within the boundary agreement area of each city, both from the
incorporated and unincorporated territory, based on current levels
of waste production as follows :
Cupertino 2 . 05 million tons
Los Altos 1 . 20 million tons
Los Altos Hills . 25 million tons
WHEREAS , the portion of the 30 year allocation quantity
attributable to the unincorporated portions of the boundary
agreement area for each of the cities is :
Cupertino 168 , 000 tons
Los Altos 63 , 000 tons
Los Altos Hills 25 , 000 tons
WHEREAS , the County and the cities wish to enter into this
Agreement whereby the capacities assigned to the cities under the
BFI Agreement are allocated between the incorporated areas of the
cities and the unincorporated areas of the County within the
boundary agreement area of each city and whereby the allocation
of costs for disposal pursuant to the BFI Agreement are also
established as between the County and the cities .
- 2 -
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS :
1 . Definitions :
a) Unless otherwise stated herein, all terms which are
contained herein which are also contained in the BFI Agreement
shall have the same meaning as in the BFI Agreement .
b) "Boundary Agreement Area" means that area defined
as of the date of this agreement by agreement between the cities
of Santa Clara County delineating limits beyond which the cities
will not annex . Said boundaries as adopted by the Local Agency
Formation Commission are defined on the S00 ' scale Official City
Boundary Maps located in the County Surveyor ' s Office .
2 . Allocation of Capacity:
Each of the cities shall include in its allocation ,
quantity at Newby Island the amount of waste produced in the
unincorporated portion of its boundary agreement area provided
that total tonnage from each of the unincorporated areas of each
respective city shall not exceed the portion of the allocation
quantity attributable to each such unincorporated area as
described in paragraph three hereinbelow.
3 . Delivery of Solid Waste :
The County shall deliver or cause delivery of all solid
waste to Newby Island except solid waste collected in debris
boxes , pursuant to a cleanup campaign , publicly handled waste ,
maintenance waste or solid waste delivered to a waste-to-energy
facility; provided , however , that the total tonnage delivered
from the unincorporated areas within the boundary agreement area
of each city shall not exceed the following :
3 -
Cupertino 168 , 000 tons
Los Altos 63 , 000 tons
Los Altos Hills 25 , 000 tons
In the event that said tonnages are exceeded , no further solid
waste shall be delivered from said unincorporated areas under the
terms of this Agreement .
4. Adjustments to the Allocation Quantity Attributable to
the Unincorporated Areas :
The allocation quantity attributable to the unincorporated
areas within each city' s boundary agreement area shall be reduced ,
and allocation to the appropriate city increased accordingly,
upon the annexation of any land within said areas to any of the
cities . The adjustment shall be the difference between the total
allocation for said area and the allocation utilized at the date
of annexation. The chief executive officers of the County and
the cities are authorized to adjust such respective allocations
accordingly.
S . Allocation of Costs :
The County ' s share of the costs for disposal under the
terms of the BFI Agreement shall be determined monthly on a
prorata tonnage basis wherein the total monthly disposal cost
attributable to each city under the BFI Agreement is multiplied
by a fraction in which the numerator is the actual monthly tonnage
produced by the unincorporated area of the boundary agreement area
of each city and where the denominator is the total monthly
tonnage produced by both the incorporated and unincorporated
portions of the boundary agreement area of each city.
- 4 -
6 . Credit for Curbside Recycling :
The County ' s share of the cost shall be reduced by eighty
cents ($ . 80) per month for each residential household in the
unincorporated portion of the boundary agreement area of each
of the cities participating in a curbside recycling program
qualifying for a credit from BFI .
7 . Securing of Payment :
The County will take appropriate legislative and
administrative action to secure payment from waste producers in
the unincorporated portions within the boundary agreement area of
each of the cities .
8 . Administration of Payment :
The County shall cause the total monthly disposal cost of
solid waste attributable to the unincorporated portions of each
Boundary Agreement Area to be remitted to the appropriate city
on a monthly basis . Each city will remit County disposal cost
payments to BFI and to the City of Mountain View as appropriate .
In consideration for city administrative services rendered , the
County shall pay an administrative fee to each city in the amount
of 20 of said County monthly disposal cost . Payment of the 20
administrative fee shall commence on July 1 , 1989 or at such later
date as agreed in writing by the County and the appropriate city.
9 . Force and Effect of Agreement :
This Agreement shall remain in force and effect for the
term of each city ' s BFI agreement .
S -
A 10 . Prior Agreement :
' This Agreement supersedes a prior agreement entitled
"Agreement with Cities of Cupertino , Los Altos and Los Altos Hills
for Sharing Allocation Capacities at Ferrari Brothers Solid Waste
Landfill Site in Mountain View. "
11 . Compliance :
The cities and the County shall cooperate with each other
in a prompt and reasonable fashion to assure compliance with their
respective rights and obligations under this Agreement .
COUNTY OF NTA CLARA- CITY OF Cupertino
By: B
ifsott ------ y .
Title : Chairperson, pro tempofO T i t l e . May
Date : APR 1 1 1989 Date :
Attest : Donald M. Rains , Clerk ATTEST,
Board of Supe visors
City Clerk
APPROVED AS TO FORM $ LEGALITY: APPROVED AS TO FOR F, LEGALITY:
` City Attorney
KK : be/TL2 : 189
6 -
COUNTY OF SANTA CLARA
CALIFORNIA
OFFICE OF THE BOARD OF SUPERVISORS MEMBERS OF THE BOARD
County Government Center, East Wing Susanne Wilson, District 1
70 West Hedding Street - Zoe Lofgren, District 2
San Jose, California 95110 Ron Gonzales, District 3
(408) 299-4321 Rod Diridon, District 4
Dianne McKenna, District 5
April 24, 1989
Ms. Dorothy Cornelius, City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Ms. Cornelius:
SUBJECT: AGREEMENT PROVIDING FOR THE ALLOCATION OF CAPACITIES AT THE
RECYCLERY-NEWBY ISLAND LANDFILL BETWEEN THE COUNTY OF SANTA
CLARA AND THE CITIES OF CUPERTINO AND LOS ALTOS AND THE TOWN OF
LOS ALTOS HILLS
Enclosed you will find one fully executed copy of the subject
agreement between the County of Santa Clara and City of Cupertino. The
Board of Supervisors, at its regularly scheduled meeting on April 11 ,
1989, approved this agreement on behalf of the County.
The enclosed is for your files.
Very truly yours,
BOARD OF SUPERVISORS
DON LD M. RAINS, CLERK
LZ
Gail Wess
Deputy Clerk
DMR:gw
Enclosures
cc: County Executive
s C1t4 of Cupertino
10300 Torre Avenue P.O. Box 580
Cupertino,California 95014 Cupertino, California 95015
Telephone: (408) 252-4505
DEPARTMENT OF THE CITY CLERK
March 9, 1989
Santa Clara County Counsel
Attention: Kathy Kretchmer
70 West Hedding Street, 9th Floor
San Jose, CA 95110,
AGREEMENT FOR UM AUDCATION OF CAPACITIES AT THE RECYCLERY-NEWBY ISLAND
LANDFILL
Dear Ms. Kretchmer:
We are enclosing to you for signature by Santa Clara County, three (3)
Agreements by and between the City of Cupertino and the County of Santa
Clara ("County) a chartered county, which has been fully executed by City
Officials, along with three (3) certified copies of Resolution No. 7749,
which was enacted by-the City Council of the City of Cupertino, at their
regular meeting of Tuesday, February 21, 1989
After completion of signatures, would you please return one (1) copy back
to this office for our files.
Thank you for your cooperation.
Sincerely,
401
DOROTHY CORNELIUS
CITY CLERK
CITY OF CUPERI'INO
DC/so
encl.
cc: Department of Public Works