HomeMy WebLinkAbout1996-06-24 City Council (31)TO:
City of Palo Alto
C ty Manager’s Report
HONORABLE CITY COUNCIL
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FROM:CITY MANAGER DEPARTMENT: Public Works
AGENDA DATE:
SUBJECT:
June 24, 1996 CMR:318:96
First Amendment of Agency Agreement with ganta Clara County
for Continuation of AB 939 Fee (Integrated Waste Management
Ac0
REQUEST
This report requests that Council approve and authorize the Mayor to execute an amendment
to the agency agreement with the County of Santa Clara to fund AB 939 programs. This
amendment renews and extends the existing agreement to a two year term and increases the
existing fee from $1.15 to $1.30 per ton of waste disposed of at landfills in the County.
RECOMMENDATIONS
Staff recommends that Council approve and authorize the Mayor to execute the attached first
amendment to the existing Santa Clara County AB 939 Implementation Fee Agreement:
POLICY IMPLICATIONS
This agreement does not represent any change to existing policies.
EXECUTIVE SUMMARY
On July 27, 1992 (CMR 347:92), Council approved an agreement with the County of Santa
Clara to implement a Countywide AB 939 fee. The AB 939 fee funds city programs throughout
Santa Clara County in order to meet their integrated waste management plans. The Integrated
Waste Management Act of 1990 (AB 939), specifically Public Resources Code Section 41901,
grants authority to a city, county, or city and county, to impose this type of fee.
Under the existing Agency Agreement, the County will collect and distribute the AB 939 fee
revenues. County projections and records continue to report decline in waste being landfilled
in the County. This decrease has occurred because cities’ efforts in reducing waste have been
effective, which has reduced the revenue available to fund AB 939 projects at the projected
level. The attached amendment will allow continued collection of the fee and raise the fee level
from $1.15 to $1.30 for the next two years. The $0.15 per ton increase will allow the cities in
the County to continue to fund programs at their original projected service level.
CMR:318:96 Page 1 of 2
To continue this program each jurisdiction must contract with the County for the collection and
distribution of the fee. All 15 cities in the County must approve the attached Agency
Agreement for a Countywide AB 939 Implementation Fee by June 30, 1996. Once jurisdictions
have approved participation, they must participate until the proposed agreement expires on June
30, 1998.
FISCAL IMPACT
The City of Palo Alto will receive more money than it pays out, because a prorated share of the
fees for undocumented tonnage generated by all jurisdictions will be distributed back to Palo
Alto. Eventually, as cities continue to document more of their wastes, the revenue from this fee
will be fiscally neutral. This fee is budgeted at $117,200 in the proposed FY 1996-97 Refuse
Fund Budget.
ENVIRONMENTAL ASSESSMENT
There is no Environmental Assessment required for this agreement.
ATTACHMENTS
Resolution approving the collection of a Countywide AB 939 Implementation Fee
First Amendment to Agreement
PREPARED BY:
DEPARTMENT HEAD REVIEW:
CITY MANAGER APPROVAL:
Russell Reiserer, Solid Waste Manager
GLENN S. ROBERTS
~~~. ~~rM~G~~~I~re ctor of Publi c~}orks
CMR:318:96 Page 2 of 2
RESOLUTION APPROVING THE COLLECTION OF
A COUNTYWIDE AB 939 IMPLEMENTATION FEE
WHEREAS, pursuant to Public Resources Code Section 41901, a city, county,
or city and county may impose fees in amounts sufficient to pay the costs of
preparing, adopting, and implementing an integrated waste management plan; and
WHEREAS, the Solid Waste Commission of Santa Clara County.has
determined that a Countywide AB 939 Implementation Fee (Fee) of $1.30 per ton of
wastes disposed of at landfills located within the count-), should be collected to assist
in funding the costs of preparing, adopting and implementing the integrated waste
management plan in the fifteen cities and the unincorporated areas of the county;
and
WHEREAS, the County intends to enter into the agreement before the Board
of Supervisors on this date with all cities in the county;
WHEREAS, the Solid Waste Commission of santa Clara County has further
determined that the County should collect said Fee from each landfill in the county
on behalf of all fifteen cities and the unincorporated area within the county
(participating jurisdictions), and distribute the "Fee to said participating jurisdictions
according to formula;
WHEREAS, pursuant to Public Resources Code section 41901, each
participating jurisdiction must approve the collection of the "Fee; and
WHEREAS, in accordance with the California Environmental Quality Act
(CEQA), the Fee is a categorical exemption under Section 15308 and is a statutory
exemptiofi under Section 15273 of CEQA;
NOW. THEREFORE BE IT RESOLVED AS FQLLOWS:%
1. The County of Santa Clara approves the collection of a fee of. $1.30 per ton
on all wastes landfilled at permitted dispo’sal sites located within the county on
behalf of participating jurisdictions.
2. The Chairperson is authorized to execute the Agency Agreement for a
Countywide AB 939 Implementation Fee (Agreement) with e~ch participating
jurisdiction.
3. The County shall bill the disposal site operators for the Fee and payment
shall be due to the Cotmty within 45 days of billing. If Fees are not paid within 45
days of the billing, additional charges shall be added as follows:
(a) a late processing fee of $150;
(b) a delinquent penalty of 1% per month shall be added if
balance is.not paid within 60 days.
4. Upon collection, the Fee and accrued delinquent penalties, if any, shall be
dis~ibuted among participating jurisdictions according to the terms of the
Agreement.
5. This Fee will become effective July 1, 1996, provided that all fifteen ci~ies
approve the Agency Agreement for a Countywide AB 939 Implementation Fee by
July 1, 1996.
6. In accordance with CEQA, the Board of Supervisors find~ that th~
adjustment of the Fee is necessary for meet.ing operating expenses and purchasing
materials and services. The adjustment of the Fee is a categorical exemption under
Section 15308 and a statutory exemption under 15273 of the State CEQA guidelines.
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PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara,
State of California on by the following vote:
¯ AYES: Supervisors
NOES:Supervisors
ABSENT:Supervisors
Chairperson
Board of Supervisors
Date
ATTEST:
Phyllis Perez, Clerk
Board of Supervisors
Date
APPROVED AS TO FORM AND LEGALITY:
I~athy Kretc~hmer . .
Deputy County Counsel
Date
ATTACHMENT A
FIRST AMENDMENT TO AGREEMENT
This is the first amendment to that certain agreement by and between the
(City) and the County of Santa Clara (County), entitled
Agency Agreement for a Countywide AB 939 Implementation Fee, entered into
on the day of , 1994.
The parties agree that:
1. Said Agreement is amended as follows:
A."FORMULAE FOR DISTRIBUTION OF FEE," Exhibit "B" to the Agency
Agreement, is amended in full as set forth in the attachment hereto.
B. The first sentence of Paragraph 4 is amended to read as follows:
Until June 30, 1996, the Fee shall be collected in the amount of $1.15 per
ton; beginning July 1, 1996, the Fee shall be collected in the amount of
$1.30 per ton of wastes disposed of at landfills located within the count),.
The .remaining provisions of Paragraph 4 remain in effect.
C. Paragraph 5 is amended in full to read as follows:
Coun.ty shall distribute the Fee to the Participating Jurisdictions
pursuant to the formulae described in Exhibit B within 45 days of the
due date of City’s Claim Form to the CountT. Payments shall begin in
late December, 1994, and continue quarterly through August, 1998.
D. Paragraph 10 is amended in full to read as follows:
The term of this Agreement shall be from July 1, 1994, to June 30, 1998,
or uhtil all revenue from the last quarter’s Fee payments has been
distributed, whichever is later. County will bill the operators of the
landfills listed in Exhibit A for the Fee commencing with the Quarter
ending September 30, 1994. Said landfills will be billed for the Fee
through June 30, 1998.
Except as amended herein, all the terms and conditiDns of said agreement
shall remain in full force and effect.
The effective date of this Amendment is July 1, 1996.
WHEREFORE the parties, through their duly authorized representatives, have
entered into this Amendment to Agreement on the dates shown below:
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of the
State of California
by:
Chairperson, Board of Supervisors Date
ATTEST:
Clerk, Board of Supervisors Date
APPROVED AS TO FORM AND LEGALITY:
Kathy Kr
Deputy County Counsel
Date
"CITY"
CITY OF.
a municipal corporati.on.
by:
Title:Date
EXHIBIT B
FORMULAE FOR DISTRIBUTION OF FEE
For jurisdictions using landfills located in the North County Area, the Fee
will be distributed according to the following th.ree-step formula:
First,calculate the debris recycling rate (DR_R) for each landfill:
DRR = TRT/TDT
TDT = TGT-TDCT
where:
TRT =
TDT =
TGT =
TDCT=
total recycled tons reported by !~udfill
total debris tons received by l~ndfill which were available
for processing for recycling. TDT includes city debris box
tons (DBT), self-haul, and other undocumented waste.
total gate tons reported by landfill.
total documented compacted tonnage for the landfill
reported by all jurisdictions.
Next, calculate each jurisdiction’s documented tonnage (DT) by first
calculatin~ the DT for each landfill (LDT) by jurisdiction:
LDT =DCT+[DBT-(DBTxDRR)]
where:
DCT
DBT
=participating jurisdidion’s documented compacted tonnage
=participating jurisdiction’s documented debris box tonnage
(Note: Debris generated or collected by Partidpating Jurisdictions in
performance of all municipal s’ervices shall be included with DCT or DBT
based on its documented disposition, regardless of the type of vehicle used for
hauling.)
and then sum each jurisdiction’s LDT to arrive at the documented tonnage (DT)
Final!y, calculate ~ach jurisdiction’s share of the fee revenue (S):
N
DT
PP
CT
CDT
N[DT + PP(CT-CDT)]
=fee amount (currently $1.15 per ton).
=participating jurisdiction’s total documented tonnage.
=participating jurisdiction’s percent of North County Area
population according to the latest available State
Department of Finance Report. ..
= total tonnage disposed in North County Area landfills
= total North County.Area documented tonnage..
Exhibit B, continued
(b) For jurisdictions using the Pacheco Pass Landfill, the Fee will be distributed
according to Disposal Reporting System reports filed by South Valley Disposal
and Recycling. Each quarterly Fee payment shal| be calculated using the waste
disposal tonnages documented in the Disposal Reporting System report for the
City of Gilroy, City of Morgan Hill, and County of Santa Clara during the
quarter for which payment is due. Wastes which are disposed in the Pacheco
Pass Landfill, but which are not reported to have orig-inated in the City of
Gilroy, City of Morgan Hill, or the County of Santa Clara shall be considered
"undocumented waste" and shall be distributed according to each jurisdiction’s
percent of South County Area population according to the latest available State
Department of Finance Report.
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