HomeMy WebLinkAbout0366.094~'. ,
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July?, 1994
THB HONORABLE CITY COUNCIL
Palo Alto l California
RenewaL..2L-Agency __ .AgJ.:e..e:m~IU; ____ ~th s.)Ol.a.. __ ~~ __ j;IDLIlty_--f.m:
Covtim1at i.QlLQf AS 91j: fee (joteqI'6i;,c!L-Ha§tg M~e.m.enL.ruiW..
Members of the Council:
Report jn ll1:.ief
This l,-eport requests that Counci 1 appfOYi! an agrce:r.ent with the.
County of Santa Clal-a which will l'enel<." the co'UntY"lid~ 1\13 939 fee,
including a fee increase from $1 to $1.15 per ton of ... ·ilste di$~'>OBed
of at landfills in the County. Tlle fee p:rovides financial
assistance to cities and the County in funding An 939 pn)gl'<lms. In
order for the fee to continue, each city rtnIst execute th.e attached
11gency Agreement with the County by July 3] I 1991. A copy of the
pl.'opoaed agreement is attached (J\ttach::--,ellt l\). Based on the.
county's formula (Attachment B) ~ Palo Alto ""ould be aoseoscd
$-42~933 and actually receive $43,598. Palo Alto will alhl<lY.s
receive more money than it pays out, because it will ~·eceive a
prorated share of the fees genel"atcd by all jurisd,ict ions'
undocumented tonnage. Eventually. as citieiF continue to document
more of their wastes, the revenue fr<;)!:l this fee will be fiscally
neutral to Palo Alto.
BackgrQlmd
On July 21. 1992 (CMR 347:92), Council approved an agreement with
the County of Santa Clara to implement -a countywide AB 939 fee,
The Integt"ated Nasta Management Act of 1990 (1\9 939). specifically
Public Resources Code Seclion 41901. grants authority to a city.
county, or city and county, to impose fees in amounts sl.1fficient t.o
pay the costs of preparing, adopting and implementing an integrated
waste management plan.
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Eee Level
Under the Agency Agxeement, the County will collect "Ild distribute
the AB 939 fee revenues. County projections and records report a
decline in waste being l;2l,ndfilled in the county. This decrease has
occul'red because cities I efforts in reducing waste have been
effective, which have reduced the revenue needed to fund AS 939
projects at the projected level. The attached agreement will allow
continued collection of the fee and raise the fee lev~l from $"1.00
per ton of solid waste landfilled to $1.15 per ton. The $0.15 per
ton increase will allow the 'cities in the county to cont inue to
fund programs at their original projected service level.
No administrative fees are assessed by
Program due to indirect costs to the
interest earned for the County General
AppXQya) by t~i.t.irul
the County Integrated Wastp.
County beilLg offoet by the
Fund on the fees collected.
In order to continue this p:rogl'am each jurisdiction must contl:act
with the County for the collection and distribution of the fee.
All 15 cities in the County I['lUst approve a form of the attached
Agency Agl'eement for a Countywide AE 939 Implementation Fee by July
31, 1994. The complexities of Santa Clara County1s diaposal
patterns make imposition of such a fee difficult to accorr,plish on
a jurisdiction-by-juriadiction basis. Therefore, the fee cannot be
implemented without the approval of all jurisdictions in the
County.
Once jurisdictions have approved pal"ticipation, they must
partiCipate until the proposed agreement expires on June )O~ 1996.
Bnyironmental Impact
Adoption of ,the Agency Agreement is exempt from the California
Environmental Quality Act (CEQA) under Section 21090 (b) {e) of the
Public Resources Code and Section 15273 of the CEQA Guidelines.
Staff l'eC9mmendo that. Council:
J.. Make the following findings concerning the adoption of the
attached Agency Agreement. as required by Public Reoources
CMR:366:94 -2-
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Code Section 2.1080 (b) (8) and Section 15273 of the CEQA Guidelineo:
The An 939 fee, as modified under the Agency Agreement, is for
the pUl."pOSe <;:If assisting with:
a. meeting-operating expenses for the City' B 1\B 939 programs
under the Refuse Enterprise Fund;
h. purchaolng or leasing supplies r equiprnent 01" materials to
implement or continue the Cityrs AD 939 programs; and
c. meeting financial reserve needs and requirements for the
City I B Refus'e Enterprise Fund Resel've.
2. Approve and authorize the Mayor to execute the att«ched Agency
Agreement with Santa Clara County for renewal of the
Countywide AB 939 Implementation Fee including the fee
increase ,from $1 to $1.15 per ton.
Respectfully submitted,
,*t'«b~/~/
MICHAEL H. MILLER
Deputy Director, Public Works Operations
AJ-J? RL/---
GLENN S, ROBERTS
Di rectol-of Publ ic Works
~~\l.,~_
BERNARD M, STROJNY
Assietaryt City Manager
Attachments: A
B
Agency Agreement
County Formula
CMR0366: 94 -3-
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Attachment A
AGENCY AGREEMENTWR A COUNTYWIDE
AB 939 IMPLEMENTATION FEE
This A8r~mel\t is made by and between .he ~---,:-__
(City) and the County of Sanl. Clara (Counly) on the ____ . day of __ _
___ ~ 1994.
RECITALS
IVHFREt\S, pursuant 10 Public Resources Code Section 41901, a cily, county, or city
and <::ounly may impose fees in ~mounts sufficient 10 pay the costs of preparing..
adopting. and implE"menHng an integrated waste management plal\; and
IVIWREAS, the Solid Waste CommissioLl of Santa Clara County has determined
Iha~ a Countywide AU 939 Implemenlalion Fee (Fee) for each ton of wasles disposed
of allandr.lls localed within the counl)' should be collected from landfill operators
to assisl in funding the cosls of preparing, adopling alld implemenling Ihe
integrated ,waste management plan in the fifteen cities and the unincorporated areas
of Ihe <:ounl)'; and
WHEREAS, Ihe Counly of Santa CI.re will collect said Fee from each landfill in Ihe
t:ounly on behalf of the fifteen ciHes alld the unincorporated area (I'articipaHng
Jurisdtclions). and will apportion the Fee according to formula;
NOIII, TIlEREFORE, CITY AND COUNTY AGREE AS FOLLOIVS:
1. I'URPOSE. The p'''pose of Ihis Agreement is to state Ihe lerms and conditions
under whith County will collect Ihe Fee on eath ton of wasles landolled .t
permit!ed landfill, localed within Ihe counly, and will apportion the Pee to City and
other I'MlIapatlng jurisdictions. This Agreemenl adjusls the Pee established by Ihe
Agency Agreemenl execuled in 1992.
2. SERVlCES I'ROVlDIiD BY COUNTY. The Counly will collect and distribule Ihe
Fee revenue,. The Counly will collecllhe Fee by billing ope"lors ollhe landfills
listed In Exhlhit A, and any landfill site subsequently permitled, on a quarterly basis
using dala ffOm lonnage reports filed by landfill operators with the Santa Clara
County Integrated \Vaste Management Program. The revenue collected will be
distributed to City and 10 olher p.,lidpating JUrisdictions based on Ihe formulae sel
forth in Exhibit B. The County shall nol be obligaled 10 distribule to Participating
Jurisdictions revenues whith, despile Ihe Counly's beS! efforts, Ihe County has been
un •. ble to collect (rom landfill operalors.
3. ROLE OF PARTICIPATING JUR1SDICTIONS. Wilhin 60 days of the end of each
qu.ul€r~ each Participating Jurisdiction shall submit a (ompleted summary claim
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form to the County Integrated Waste Man.gement I'rogram for the share of the Fee
revenue to 00 based on documented tonnage. Th. I'.flicip.tillg jurisdictions will
attach (ranchised or (Onlra<:ted \",'itste stream documentation to rhe claim form~ and
will maintain detailed records supporting s\lch claims, such as weight tags 'nd
disposal receipts, and have them availabie for inspection upon written request by
County, or any other Participating jurisdiction.
4, AMOUNT OF FEE COLLECTED. Th. Fee sh.11 00 collected in the amount of $1.15
per ton of waslt$ diSposed of at landfills loc,Hed within Ihc county, No additional
adrninistrative fee shall 00 ('Qllected.The revenue sl,.r. each I'.rlieipaling
JurJsdiclion will receive shaU ~ usro to assist in i~lI1ding the costs of preparing,
adopting and irnplcl'nl'.?Illlng the inlf.'gla!ed waste management plan in said
Participating jurisdlcllon. Cit)· shall indemnlf)" hold harmless, and defend County,
its o(fi<:ers, agents, and employees with respe<"t 10 any loS$~ damag ... , liability, cost or
exp-enses, including aHorne-y fee-s, arising hom misuse 01 the Fee distributed 10 City.
C(lunty shai! indemnify, hold harmless, and defend City, its officers, .gents, and
employees wilh respect to "'y aclions brought by third parti.s based on Count)"s
negligence in the roUe<t1on or dts!ribulion nf said fE"€'s.
5. DISfRIBUTioN OF FEE. County sh.11 distribute the Fee to the p.,ticipating
Jurisdictions pursuant 10 the fMtnulae dC"ScriOe,f'in Exhibit B within -15 dil)'S of the
due date of City's Clailn J~orm to the Counl}'. Pdynwl1ls shall bc'gin in lale
Decembi'r, lY94, and continue quarterly through August, 1996.
6. LATE PAYMENTS. If ree payments are not received from ""drill operators
prior 10 s(hed1.11ed disldbution of pay.men's to PMlicipaling fmisdiclions, payment
distribution shall be calculated on a. pro rota share of monies receivi.'d. Upon
collectioll~ I"te Fee payments arod acmled delinque-n! p!?nallief., if any, sh'a1J be
distributed among Participating Jurisdictions il1 the Silme manner as JCcc payments
for undocumented tonnage pmsualll !o Exhibit B.
7, ACCOUNTING. County shall m,in).in record$ of all transactions related to
(olle<:tion and distribution of the Fee (or at least five (5) yc-ars ,lfter the termination
date of this Agreement, unles.s olhE"rwi;:;e required by law 10 T{'tain st1ch records (or a
longer perioQ. Such r.w"js will be .vail.ble fo, inspecti"" "pon written request by
City, and will ;nC\·,de but not 00 limited to tonMge report' submitted by landfills.
waste stream documcnl31ion pro .... ided by the Partki.p3.lillg JmisdL('lions.~ and
paym.nl. made by the landfills 10 the County and b)' the County to the Participating
Jurisdictions.
8, REQUEST FOR REVIEW. In the event City has a dispute with the calculation of
its share, City may request In writing a review by County within 10 days of receipt of
their !'ee allocalion. The r"iew sh'lI be performed within 30 da),s and resuUs sh.lll
be reported to City in writing.
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9. EFFECTIVE DATE OF~GREr.MRNT: This'asreement takes eHed only upon
approval by all Participating Jurisdictions, Approval constilutes relurn of a fully
.'(ecuted Agreemenl to County,
10, TERM OF AGREEMENT, The lerm of this Agreement shalll>e from July I, 1994,
to June 30, 1996, or until all revcnue from the last quarter's Fee payments has been
distributed, County will bill the operalors of the landfills listed in Exhi!>;t A for the
Fee commencing with the Quarter ending September 30, 1994. Said landfills willl>e
billed lor the Fee through June 30, 1996.
11. AMENDMENT. Each party to this Agreement shall deslgnale a rep't>5ent.!i\'e
who shan be authorized to approve changes in the distribution formul .. for
submission and approval by the Solid Wasle Comm;>s;on of $.,nl' Clara County.
12. EXTENSION OF TERM. This Agreement may he .xtended (or ,ucceeding Iwo·
year terms if all Participating Jurisdictions so agree in "'\o'l'iting.
13. NOTICES. All 'nolices and payments shall be made as [ollows:
City of_. __ . __ , ___ _
County of San!a Clara:
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Tntegrated Waste Managemenl )'wgram Manager
Santa Clara Cmlnty Solid Waste Program
1735 Norln Fjrst Street, Suite 275
San Jose, CA 95112
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IN WITNESS WHEREOF, the parties have executed this Agreement on the dales as
slated below;
"COUNTY"
COUNTY OF SANTA CLARA,
a political subdivision of Ihe
State of California
by,,~~ ____ ~~c~ __ ~ __
Chairperson, Board of Supervisors Date
ATTEST:
-----------._-------Clerk, Board of Supervisors Date
APPROVED AS TO ~DRM AND LEGALITY;
~-~--. 16-;;!-"'1 ___ ~ __ --.l. __ ,, ___ _
Brian Carr Dale
Deputy County Counsel
"CITY"
CITYOF _________ _
a municipal corporation.
by:
Title: Date
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EXHIBIT A
LANDFILLS LOCATED IN TIlE NORTH COUNTY AREA
Guadalupe Rubbish Disposal Site
Kirby Canyon Sanitary Landfill
Newby Island Sanitary Landfill
Oweas·Coming Fiberglas Landfill"
ralo Alto Refuse Disposal Area
Zanker Road Landfill
LANDFILL LOCATED IN THE SOUTH COUNTY AREA
Pacheco Pass Silnitary Landfill
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o Attach'l1ent a
EXHIBIT B
FORMULAE FOR DJSTRIBUTJON OF FEE
(3) 1''Or Jurisdictions using landfills located in the North County Area, the fee will
be distributed .(cording to the following three-step formula:
FIrsl, «lleul.te the dobri' lOC)'cling rate (DRR) [or ea<h landfill:
DRR ~ TRT/TDT
TD1' ~ TGT -TOCT
where:
TR1' ~
TDT ~
total reC)'ded tons reporled by landfill
lolal debris tons r"",ived by landfill which were available for
proccssing for recycling. TOT includes city dehris box tons (DBT),
sE'ff-ha~ll. and other undocumented waste.
tOI.ll gate Ions reported by landfill.
tolal dOCullltnted compacted fOtlHage for the iandfill reported by
atl jurisdictions_
Nexl l calculate each jurisoic!ion's documented tonnage (DT) by lirst calculating
the DT (or each landfill (LDT) by jurisdiction:
LOT"
where:
OCT 0
DBT "
OCT. lDBT, (DBT x DRR»)
p.nllcip<lling jlldsdktion's documcnl~d (Qmp~.cted lonnase
parHrip"ting jurisdiction's documented debris box tonnage
(N01E'; Debris genercHed or (01l('(too hy ParllcipaHng Jurisdicllons in performance of
311 munIcipal ,unlices $haH be Induded with DCTor DDT rused on lts documented
dl5posltlon .. r('gardless of the typ~' of vehicle llSed (or hauling.)
and then s\ln~_ each juriSdiction's LOT 10 arrive at the documented tonnage (DT)
. Finally, <aleu!'te ea~h Jurisdiction's share of the fee revenue (S):
s~ NIDr. PP(CT-CDTlJ
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DT. =
PP ~
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COT
fee amount (currently S1.15 per ton).
participating jurisdiction's total documented tonnage.
participating jurisdiction's perrent of North COUIlty 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.
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Exhibit B, continued
(b) For jurisdictions using the Pacheco Pa .. Landfill, the Fee will be distributed
according to the (ollowing formula:
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each Jurisdiction's share of the fee revenue
(re amollnt (currenlly $1.15 per t()nl.
tonnage I'ndnlled at Pa,htoo Po ..
parlicipatlng Jurisdiction', .hMe o{ the Pacheco Pass I..andfilled
Tonnaget expressed as a perC(>nlagc:
County "" 20%·
Gill'oy ·18%'
Morgan Hill c 32%'
percenragcs based on t~le South Count)' Dispo5e"d \Vasle Char':::derization Study •
July 1991, prepared by CaIR<xovcr)', Illc.
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