Resolution 1996-33
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RESOLUTION NO. 96 - 33
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE COLLECTION OF A
COUNTYWIDE AS 939 IMPLEMENTATION FEE.
WHEREAS, pursuant to California 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 with the county 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 City of Gilroy intends to enter into a First Amendment to the
"Agency Agreement for a Countywide AS 939 Implementation Fee" among and between all
cities in the county and the County of Santa Clara and regarding distribution of AB
939 Fees; and
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; and
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 State CEQA Guideline 1530B and is
a statutory exemption under State CEQA Guideline 15273.
RESOLUTION NO. 96 - 33
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NOW, THEREFORE BE IT RESOLVED as follows:
1. The city of Gilroy approves the collection of a fee of $1.30 per ton
on all waste landfilled at permitted disposal site located within the
county on behalf of participating jurisdiction.
2. The Mayor is authorized to execute the First Amendment to the Agency
Agreement for a Countywide AB 939 Implementation Fee (Agreement
attached hereto as Exhibit A) with the County of Santa Clara.
3. The County shall bill the disposal site operators for the Fee and
payment shall be due to the County within 45 days of billing. If
Fees are not paid within 45 days of the billing, additional charges
shall be added as follows:
(a)
(b)
not
a late processing fee of $150.
a delinquent penalty of 1% per month shall be added if balance
paid within 60 days.
4. Upon collection, the Fee and accrued delinquent penalties, if any,
shall be distributed among participating jurisdictions according to
the terms of the Agreement.
5. The Fee will become effective July 1, 1996, provided that all fifteen
cities approve the First Amendment to the Agency Agreement for a
Countywide AB 939 Implementation Fee by July 1, 1996.
6. The City Council finds that the adjustment of the Fee is necessary
for meeting operating expenses and purchasing materials and services.
PASSED AND ADOPTED this 2Bth day of May, 1996, by the following vote:
AYES:
COUNCILMEMBERS: GILROY, MORALES, ROGERS, ROWLISON, SPRINGER
VALDEZ and GAGE.
COUNCILMEMBERS: None
NOES:
ABSENT:
COUNCILMEMBERS: None
'I!LPI J, Cfr
Mayor
RESOLUTION NO. 96 - 33
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EXHIBIT "A"
FIRST AMENDMENT TO AGREEMENT
This is the first amendment to that certain agreement by and between the City of Gilroy ("City")
and the County of Santa aara ("County"), entitled" Agency Agreement for a CountyWide AB
939 Implementation Fee, ("Agency Agreement") entered into on the 18th. day of Julv. 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 $l.l S perton;
beginning July 1, 1996, the Fee shall be collected in the amount 0[$1.30 per ton of
wastes disposed of at landfills located within the county.
The remaining provisions of Paragraph 4 remain if effect.
C Paragraph S is amended in full to read as follows:
County shall distribute the Fee to the Participating Jurisdictions pursuant to the
formulae described in Exhibit B within 4S days of the due date of City's Claim Form
to the County. 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 until 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.
2" Except as amended herein, all terms and conditions of said Agency Agreement shall
remain in full force and effect.
3" The effective date of this Amendment is July 1, 1996.
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WHEREFORE the parties, through their duly authorized representatives, have entered into this
First 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 Kretchmer
Deputy County Counsel
Date
"CITY"
CITY OF ~TT.ROY
a municipal'corporation
by: I sl DONALD F, GAGE
Mayor
5-28-96
Date
City Clerk
5-28-96
Date
APPROVED AS TO FORM:
/Y~d.~/~
tindli A. Callon
5-28-96
Date
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EXHIBIT B
PORMULAE FOR DJSTRIBt.mON OF FEE
(a) For jurisdictions using landfills lcx:ated in the North Ccnmty Area. the Fee
will be distributed according to the following three ,j~t' formula:
Pint, cak:u1ate the debris recyc:Jing rate (DRR) for each landfill;
DB .. TRT ITM
TOT "" TGI' - TDCT
where:
TRT ""
TOT =
total recycled tons reported by landfill
total debris tons received by landfill which were available
for processing for recycling. TOT includes city debris box
tons (DBT), self-haul, and other undocumented waste.
total gate tons zeported by landfill,
total documented compacted tonnage for the landfill
reported by all ju1'illliictions.
Next, cakuJate each jurisdiction's documented tonnage (DT) by first
calculating the or for each landfill (LOT) by jurisdiction:
TGT :;
TOCT..
LOT = OCT + [DBT - (DBT x DRR)]
where:
OCT :; participating jurisdiction's documented compacted tonnage
DBT .. participating jurisdiction's documented debris box tonnage
(Note: Debris generated. or collected by Participating Jurisdicticms in
performance of all mwW::ipal services shall be included. with ocr or OBi
based on its doc:wnented. disposition, regardless of the type of vehicle used. for
hauling.)
and then sum each jurisdiction's LOT to arrive at the documented tonnage (DT)
Finally, ca1c:ulate each jurisdiction's share of the fee revenue (5):
S"" N[DT + PP(CI'-cDT)]
N .. fee amount (c:unently $1.15 per ton).
DT = participating jurisdiction's total documented tonnage.
PP = participating jurisdiction's percent of North County Area
population according to the latest available State
Department of Finance Report.
CT "" total tannage disposed in North County Area landfills
COT "" total North County Area documented tonnage.
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Exhibit B, continued
(b) For jurisdictions using the Pacheco Pus Landfill, the Fee will be distributed
aa:arding to Dilpoul Rel"""tb.g Sy"b.:ur. ....~ filed by South Valley Dispoaal
and Recycling. Each quarterly Fee payment shall be cak:ulated using the waste
dispoI5al tonnages doc:wnented in the Disposal Reporting System l"l"'rt for the
City of Gilroy, City of Morgan Hill, and County of Santa Clara during the
quarter fer which payment is due. Wastes which are dispoeed in the Pacheco
Pass Landfill, but which are not .ep<>rted to have originated 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 jurisdidion's
peramt of South County Area pop" 1atimuccording to the latest available State
Department of Finanl:e Report. .
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 96-33
is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
2Bth
day of
Mav
19--2L,
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 31st
day of
Mav
19 96.
(Seal)