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SARATOGA CITY COUNCIL
MEETING DATE: May 6, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
SUBJECT: Approval of Agency Agreement for Countywide AB 939 Implementation Fee
RECOMMENDED ACTION:
Accept report, and authorize the City Manager to approve the Agency Agreement with the
County of Santa Clara for the Countywide AB 939 Implementation Fee.
BACKGROUND:
To comply with state law and local needs, the County of Santa Clara and fourteen cities
cooperated in the creation of a Household Hazardous Waste ((HHW) Program. Since 1992, all
cities except for the City of Palo Alto have contracted with the County to provide HHW services
through an Agency Agreement for Countywide Household Hazardous Waste Collection Program.
The Agreement authorizes the County to collect and distribute a fee -- collected at landfills, non-
disposal facilities and transfer stations located in Santa Clara County -- on each ton of waste
brought to the facilities. The fee is then separated and distributed as follows:
1. A Household Hazardous Waste (HHW) Fee, distributed to the County to implement the
Countywide HHW Program; and
2. A Program Fee, distributed to the cities to implement measures related to AB 939, which
requires the reduction of landfilled waste.
Each jurisdiction contracts with the County for collection and distribution of AB 939 funds.
Therefore, all fourteen cities must approve the Agency Agreement for Countywide AB 939
Implementation Fee by July 1, 2009. If one or more jurisdictions do not approve this agreement,
the AB 939 Fee would not be collected after June 30, 2009.
The proposed agreement includes an increase in the AB 939 Implementation Fee from the current
rate of $3.55 per ton, to a new rate of $4.10 per ton. The increase of $0.55 per ton is necessary
to fund processing of increased waste volumes, a four percent (4%) base level of service
(increased from the current 3% base level), and an annual lease at the new San Jose HHW
permanent drop-off facility.
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HHW volumes have been increasing and the current fee is insufficient to pay for rising costs
associated with proper disposal of these wastes. The volume of hazardous waste managed by the
HHW Program continues to rise as people become more aware of environmental issues such as
pharmaceuticals in our water and the ban of many products from landfills (e.g. fluorescent lamps
and batteries).
At its February 25, 2009 meeting, the County’s Recycling and Waste Reduction Commission
voted to recommend approval to reauthorize and increase the AB 939 Implementation Fee.
FISCAL IMPACTS:
There is no direct financial impact to the City of Saratoga as a consequence of approving this
Agreement, since the AB 939 fees are assessed on tonnage brought to landfills, non-disposal
facilities and transfer stations.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The Agreement for the Countywide AB 939 Implementation Fee would not be approved and fee
would not be collected after June 30, 2009.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Agreement