Loading...
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