HomeMy WebLinkAbout24-08 RESOLUTION NO 2 4-0 8
RESOLUTION OF THE CITY COUNCIL
OF THE TOWN OF LOS ALTOS HILLS
APPROVING AMENDMENTS TO THE AGENCY AGREEMENTS FOR
COUNTYWIDE AB939 IMPLEMENTATION FEE AND HOUSEHOLD
HAZARDOUS WASTE (HHW) COLLECTION PROGRAM
WHEREAS,the County Board of Supervisors has created a Countywide
Household Hazardous Waste(HHW) Collection Program whereby residents of the
county and participating jurisdictions will have an opportunity to safely dispose of HHW,
regardless of the specific location at which an event has been scheduled; and
WHEREAS,the City Council of the Town has read and considered Second
Amendment to Agency Agreement for Countywide AB939 Implementation Fee and
Second Amendment to Agency Agreement for Countywide HHW Collection Program
including approval of FY 08-09 augmentation; and
NOW, THEREFORE,BE IT RESOLVED by the City Council of the Town of
Los Altos Hills that the Mayor is hereby authorized and directed to execute the following
Second Amendments on behalf of the Town of Los Altos Hills:
1. Second Amendment to the Agency Agreement for Countywide AB939
Implementation Fee
2. Second Amendment to the Agency Agreement for Countywide Household
Hazardous Waste (HHW) Collection Program including approval of FY 08-09
augmentation.
PASSED AND ADOPTED this eAday of /4.,, i A , 2008
M. or
ATTEST:
Ci ' Cler
_
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Se (AD nd AMENDMENT TO THE AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION
PROGRAM
This is the 2h� Amendment to the "Agency Agreement for Countywide Household
Hazardous Waste Collection Program," (AGREEMENT) by and between the City/Town
of t.-c. kkibs )-Mis (CITY) and the County of Santa Clara, (COUNTY), which
AGREEMENT was effective on July 1, 2006 and previously amended effective
3wk2-00
The COUNTY and the CITY agree that:
1. Section 2 Program Funding Source is amended in full as follows:
HHW Program services are directly mandated under AB939,which establishes statutory
authority to provide for funding to support planning and implementation of integrated
waste management programs. The AB939 HHW Fee, $2.22 per ton in FY 2007, $2.05
per ton in FY 2008 and $2.05 per ton in FY 2009, collected as part of the AGENCY
AGREEMENT FOR COUNTYWIDE AB939 IMPLEMENTATION FEE, will be the
primary source of funding for CoHHW Program services.
Funds derived from the AB939 HHW Fee will be allocated among five types of CoHHW
Program service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The number of households will be determined at the
beginning of each Fiscal Year by statistics compiled by the Department of Finance,
Demographic Research Unit in its most recent Report, "Population Estimates for
California Cities and Counties."
B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at
nonprofit charitable reuse organizations. The existing fund balance of$210,000 from
previous years will fund Abandoned Waste Disposal Costs for Fiscal Years 2007 to
2009. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal
Year 2007 will be redirected to the Facility Closure Cost Account. The
apportionment for Fiscal Years 2008 to 2009 will be redirected to the City
Discretionary Fund.
C. Facility Closure Cost Account will cover the estimated cost of closing the County
Household Hazardous Waste Collection Facilities (CoHHWCF)when the time
comes. The $.12 per household Abandoned Waste Disposal apportionment for Fiscal
Year 2007 will be redirected to this account to satisfy Permit By Rule requirements
[California Code of Regulations, Title 22, sections 67450.25 (a) (2) (E) and
66265.110-66265.115]. There will be no further apportionment for Fiscal Years 2008
and 2009.
D. Variable Cost Per Car to provide a base level service to 3% of households in all
participating jurisdictions.
FY 2009 Amendment to the Agency Agreement For Countywide 1
Household Hazardous Waste Collection Program
• • y
E. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction.
Attachment A"Projected AB 939 HHW Fee Fiscal Year 2007" is amended in full as set
forth in Attachment 1 "Projected AB 939 HHW Fee Fiscal Years 2007, 2008 and 2009"
which is incorporated herein by this reference.
2. Section 3 Fixed Program Costs is amended as follows:
Fixed Program Costs shall be $1.68, $1.61 and $1.68 per household per jurisdiction for
Fiscal Years 2007, 2008 and 2009 respectively. Estimated HHW Fixed Costs projected
for Fiscal Year 2009 as shown in Attachment 2 which is incorporated herein by this
reference. Fixed Program Costs may include, but are not limited to six (6) CoHHW
• . Program staff members, facility leasing costs, vehicle lease costs, office rent, office
supplies, county administrative overhead, county legal counsel, program publicity,
training costs, equipment and facility maintenance and union negotiated salary and
benefit increases.
3. Section 6 Variable Cost Per Car is amended as follows:
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County Household
Hazardous Waste Collection Facilities (CoHHWCF) and at Temporary Events. The
Variable Cost Per Car is estimated to be approximately $67 per car FY 2008 and FY
2009. The estimated cost per car will be adjusted annually to reflect actual service costs.
After Fixed Program Costs and Facility Closure Costs are allocated on a per household
basis, the Variable Cost Per Car will be used to calculate the costs to service 3% of
households across all participating jurisdictions. If the level of 3% of households is not
reached in a particular jurisdiction, the CoHHW Program will use the remaining balance
of funds, in cooperation with the CITY that has less than 3%participation levels, to
increase public outreach and/or provide additional services in that jurisdiction the
following year.
4. Section 12. Household Hazardous Waste Collection Facilities is amended as
follows:
COUNTY shall conduct collection operations at three County HHW Facilities
(CoHHWCF) in FY 2007 and two CoHHWCF in FY 2008 and FY 2009. The third
CoHHWCF will operate at San Jose when the facility is ready. The CoHHWCF will
operate a reuse program, offering usable materials to the public at no charge. The
COUNTY shall obtain all necessary permits and licenses required for the CoHHWCF and
shall provide or contract for services, equipment, and supplies to properly receive,
package, label, haul, recycle and dispose of wastes collected. The old San Jose facility
closed in November 2006 and a new facility is expected to be ready at a new location in
FY 2009.
FY 2009 Amendment to the Agency Agreement For Countywide 2
Household Hazardous Waste Collection Program
a' • •
The CoHHWCFs are located at:
• 164 Carl Road,Sunnyvale
• 13055 Murphy Avenue,San Martin
5. Section 18. ADDITIONAL SERVICES UNDER THIS AGREEMENT is amended in
full as set forth in Exhibit A, attached hereto and incorporated by reference herein.
6. The following attachments of said AGREEMENT are amended in full as shown in
the attachment hereto and incorporated by reference herein.
Attachment 1, "Projected AB 939 HHW Fee Fiscal Years 2007,2008 and 2009"
Attachment 3, "HHW Schedule for Fiscal Year 2008/2009"
Except as amended herein, all terms and conditions of said AGREEMENT and_the prior
amendments shall remain in full force and effect.
The effective date of this Amendment is July .1, 2008.
IN WITNESS WHEREOF, COUNTY and CITY/TOWN, through their duly authorized
representatives, have entered into the D..14 Amendment to the AGREEMENT on the
date shown below:
COUNTY OF SANTA CLARA CITY
Signature: Signature:
e:'-'7445: 7
Pete McHugh, Chair ►.. -AIN6 3 2068 Name Craig A. T. doneT)stes 5,8,06
BOARD OF SUPERVI it-DS
Title Mayor
ATTEST:
Phd is A. Perez, Clerk DateJUN 0 3 2008
BOARD OF SUPERVISORS
APPROVED AS TO FORM AND LEGALITY:
Kathy Kretchmer Date
Deputy County Counsel
FY 2009 Amendment to the Agency Agreement.For Countywide 3
Household Hazardous Waste Collection Program
• •
EXHIBIT A
18. ADDITIONAL SERVICES UNDER THIS AGREEMENT
CITY may elect to augment funding provided for in this Agreement with CITY funds.
Additional services shall be made available upon written agreement between the CITY's
authorized representative and the Director of the Department of Agriculture and
Environmental Management. Additional services may include, but are not limited to,
additional appointments (charged at the variable cost per car rate), Door-to-Door HHW
Collection, Used Oil Filter Collection,Neighborhood Clean-Up and Locker Clean Out,
and electronic waste (e-waste) collection.
The County will select a contractor to provide electronic waste (e-waste) recycling. The
selected recycler will conduct e-waste collection events in Fiscal Year 2009. Any
revenue derived from theseevents will be apportioned to each jurisdiction based on the
number of households in each participating jurisdiction.
CITY agrees to augment up to an additional $ Z D to the Countywide HHW
Program during Fiscal Year 2009 for the purpos of increased resident participation
above the 3% service level at the scheduled collection dates listed in Attachment 3 of this
Amendment. Augmentation will be calculated at the variable cost per car rate which is
estimated at $67.00 per car. Additional funding augmentations shall be agreed upon in
writing by the Director of the Department of Agriculture and Environmental -
Management and the designated CITY representative. Additional services will be
charged on a cost recovery basis.
If the CITY elects to augment funding, the COUNTY will bill CITY at the end of each
fiscal quarter for additional re"siddent participation above the 3% service level. Payment is
due within 30 days of the invoice date: At the end of each fiscal year, a final annual cost
statement shall be prepared by the COUNTY;and issued-to the CITY. The annual cost
statement will take into consideration costs incurred on behalf of the CITY for additional
services and all payments made by the CITY to the COUNTY. If any balance is owed to
the COUNTY, it will be due within 30 days following receipt of the annual cost
statement. If any credit is owed to the CITY, COUNTY will refund thatamount to the
CITY within 30 days of the annual cost statement.
FY 2009 Amendment to the Agency Agreement For Countywide 4
Household Hazardous Waste Collection Program
r'
ATTACHMENT 1: Projected AB 939 HHW.Fee Fiscal Years 2007,2008 and 2009
•
Fiscal Year 2007
Number of 3%a'of. Total Tons Annual ,Fixed.Cost faCilitif Closure Est Variable City .
Jur sdiction Households HHs for AB939:Fee Revenue at$1.68/HH Cost.at:12¢ `:Cost at Discretionary
;.11112005:.. Share; , . $2:22/ton . . ;:'per HH'" ., .$76/caro:; ' :`;Fund
Campbell 16,459 494 36,999.44 ' $82,139 $27,651 $1,975 $37,527 $14,986
Cupertino 19,724 592 39,162.67 $86,941 $33,136 $2,367 $44,971 $6,467
• Gilroy 14,054 422 53,705.44 $119,226 $23,611 $1,686 $32,043 $61,886
Los Altos 10,731 322 20,625.53 $45,789 $18,028 $1,288 $24,467 $2,006 • 1
Los Altos Hills 3,035 91 4,730.32 $10,501 $5,099 $364 $6,920 ($1,881)
Los Gatos 12,579 377 28,231.44 $62,674 $21,133 $1,509 $28,680 $11,351 111
Milpitas 18,095 543 68,717.61 $152,553 $30,400 $2,171 $41,257 $78,725 .
Monte Sereno 1,249 37 1,205.41 $2,676 $2,098 $150 $2,848 ($2,420)
Morgan Hill 12,092 363 32,451.91 $72,043 $20,315 $1,451 $27,570 $22,708
Mountain View 33,148 994 55,734.21 $123,730 $55,689 $3,978 $75,577 ($11.514)
Palo Alto 27,522 - 67,735.18 $150,372 $0 $150,372
San Jose 298;901 8,967 671,783.94 $1,491,360 $502,154 $35,868 $681,494 $271,844 .
Santa Clara 42,454 1,274 134,811.87 $299,282 $71,323 $5,094 $96,795 $126,070
Saratoga 11,009 330 16,507.54 $36,647 $18,495 $1,321 $25,101 ($8.270) .
Sunnyvale 54,476 1,634 97,302.35 $216,011 $91,520 $6,537 $124,205 ($6,251)
Unincorporated 31,507 945 55,428.48 $123,051 $52,932 $3,781 $71,836 ($5.497) .
Countywide Totals., 607;0.35 :17,385 1 385,133 . $3,.074,996 ; $973.,582 $69;5.42 $1,321.;290 -..$710;583;;
Fiscal Year 2008
Number of 3%of Total Tons Annual Fixed Cost FacilityClosure Est Variable City ..
Jurisdiction Households HHs forAB939 Fee, Revenue 1.61/HH.....:: :'$12IHH Cost Discretionary`.
611120064Share!:, .. <.$2:OS/ton $67/car;; Fund
Campbell 16,475 494 37,187 $76,234 $26,525 $1,977 $33,115 $14,617
Cupertino 19,892 597 37,461 $76,795 $32,026 $2,387 $39,983 $2,399
Gilroy 14,328 430 52,581 $107,792 $23,068 $1,719 $28,799 $54,205
Los Altos 10,741 322 19,756 $40,500 $17,293 $1,289 $21,589 $329 •
Los Altos Hills 3,050 92 4,367 $8,952 $4,911 $366 $6,131 ($2.455)
Los Gatos 12,599 378 27,690 $56,765 $20,284 $1,512 $25,324 $9,644
Milpitas 18,197 546 66,490 $136,304 $29,297 $2,184 $36,576 $68,248
Monte Sereno 1,253 38 1,358 $2,783 $2,017 $150 $2,519 ($1,903)
Morgan Hill 12,331 370 33,238 $68,137 $19,853 $1,480 $24,785 $22,019
Mountain View 33,168 995 56,646 $116,123 $53,400 . $3,980 $66,668 ($7,925)
Palo Alto 27,767 - 66,850 $137,042 $137,042
San Jose 301,848 9,055 733,164 $1,502,987 $485,975 $36,222 $606,714 $374,075
Santa Clara 43,168 1,295 143,624 $294,429 $69,500 $5,180 $86,768 $132,981
Saratoga 11,016 330 16,272 $33,357 $17,736 $1,322 $22,142 ($7,843)
Sunnyvale 54,728 1,642 99,053 $203,060 $88,112 $6,567 $110,003 ($1,623)
Unincorporated 31,568 947 49,154 $100,765 $50,824 $3,788 $63,452 ($17.299)
Countyyiiide.Totals 642;129 ',:17,531 1;44,44890,: ;$2,962,02$ 1$940,823 .$70,123 ' ;`$1,174;568 ::.$776;611;':.:
Fiscal Year 2009
Number of :. 3%u ofTotal Tons Annual -Fixed Cost; Est;Variable: . ''City
Jurisdiction Households: HHs forAB939 Fee `:Revenue ::.•: $1.68/11H.:.:-:,*, Cost at Discretionary;;
6/1/2007'.r ; Share.,'s $2:05 $67/car .:'` : :;Fund.
Campbell 16,855 506 37,187.24 $76,234 $28,316 $33,879 $14,039
Cupertino 20,146 604 37,461.13 $76,795 $33,845 $40,493 $2,457
Gilroy 14,490 435 52,581.25 $107,792 $24,343 $29,125 $54,323
Los Altos 10,810 324 19,756.07 $40,500 $18,161 $21,728 $611
Los Altos Hills 3,059 92 4,366.89 $8,952 $5,139 $6,149 ($2,336)
Los Gatos 12,636 379 27,690.00 $56,765 $21,228 $25,398 $10,138
Milpitas 18,359 551 66,489.94 $136,304 $30,843 $36,902 $68,560
Monte Sereno 1,257 38 1,357.61 $2,783 $2,112 $2,527 (81.855)
Morgan Hill 12,629 379 33,237.64 $68,137 $21,217 $25,384 $21,536 •
Mountain View 33,362 1,001 56,645.52 $116,123 $56,048 $67,058 ($6,982)
Palo Alto 27,763 - 66,849.82 $137,042 $137,042
San Jose 304,698 9,141 733,164.22 $1,502,987 $511,893 $612,443 $378,651
Santa Clara 44,033 1,321 143,623.97 $294,429 $73,975 $88,506 $131,947
Saratoga 11,089 333 16,271.64 $33,357 $18,630 $22,289 (87.562)
Sunnyvale 54,976 1,649 99,053.42 $203,060 $92,360 $110,502 $198
Unincorporated 31,013 930 49,153.81 $100,765 • $52,102 $62,336 ($13,673)
countywide Totals.;.,: 617.475 ;17;682, 1,444;890 ,.,:::$2;962,025 ;: $990,212 . :$1,184;718, ':5787,095
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ATTACHMENT 2 Estimated HHW Fixed Costs For Fiscal Year 2009
FIXED COST
2009
Staff Salary And Benefits HMPM,HMS, .25 MA, 3 HMT,Acct $747,000
County Admin Overhead 20% of Salary above $149,400
County Counsel $6,000
Phones and Communications $10,000 •
Supplies Storage $2,400
Facilities Lease Costs SJ,Sun $17,000,
Vehicle Lease Costs $44,000
Office Supplies $5,000
Maintenance $7,412
Staff Training $2,000
ESTI=MATED ANNUAL TOTAL $990,212
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ATTACHMENT 3: HHW SCHEDULE FOR FISCAL YEAR 2008/2009
2008/Month Day Date Location Type of Event County Holidays/Notes
;July Saturday 5 No Event• No Event FOURTH OF JULY
Friday 11 San Martin Permanent
Saturday 12 San Martin . Permanent
Saturday 19 Sunnyvale Permanent
• Saturday 26 Santa Clara Temporary
August Friday 1 San Martin Permanent
Saturday 2 San Martin Permanent
Saturday 9 San Jose Temporary
Saturday 16 Sunnyvale Permanent
Saturday 23 Cupertino Temporary
Saturday 30..; No Event No Event SEPT 1/LABOR DAY
September Friday 5 San Martin Permanent
Saturday 6 San Martin Permanent
Saturday 13 San Jose Temporary
Saturday 20 Sunnyvale Permanent
Saturday 27 Santa Clara Temporary
October Friday 3 San Martin Permanent
Saturday 4 San Martin Permanent
Saturday- 11 No Event No Event OCT 13/COLUMBUSDAY
Saturday 18 Sunnyvale Permanent
Saturday 25 San Jose Temporary
November Friday Oct.31 San Martin Permanent
Saturday 1 San Martin Permanent
Friday 7 San Martin Permanent
Saturday 8 San Martin Permanent
Saturday 15 Sunnyvale Permanent
Saturday 22 San Jose Temporary
Saturday 29 No Event . No Event 27/28/THANKSGIVING
December Friday 5 San Martin Permanent
Saturday 6 San Martin Permanent
Friday 12 San Martin Permanent
Saturday 13 San Martin Permanent
Friday 19 San Jose Permanent
Saturday 20 San Jose , Temporary
Saturday 27 No Event No Event DEC 25/CHRISTMAS
2009/Jan Saturday 3 No Event No Event Jan 1/NEW YEARS
Friday 9 San Jose Permanent
Saturday 10 San Jose Permanent
Saturday 17 Sunnyvale Permanent
Friday 23 San Jose Permanent
Saturday 24 San Jose Permanent
Saturday 31 Santa Clara Temporary
I -
0
HHW SCHEDULE FOR FISCAL YEAR 2008/2009-continued
2009/Month Day Date Location Type of Event County Holidays/Notes
February Friday 6 San Martin Permanent
Saturday 7 San Martin Permanent
Friday 13 San Jose Permanent
Saturday 14 San Jose Permanent
Saturday . 21 Sunnyvale Permanent
Friday 27 San Jose Permanent
Saturday 28 San Jose Permanent
March Friday 6 San Martin Permanent
Saturday 7 San Martin Permanent
Friday 13 San Jose Permanent
Saturday 14 San Jose Permanent
Saturday 21 Sunnyvale Permanent
Saturday 28 No Event No Event CAESAR CHAVEZ DAY..
April Friday 3 San Martin Permanent.
Saturday 4 San Martin Permanent
- Saturday 11 Los Altos Temporary
Saturday 18 Sunnyvale Permanent
Saturday 25 Santa Clara Temporary
May Friday 1 San Martin Permanent
Saturday 2 San Martin Permanent
Friday 8 San Jose Permanent
Saturday 9 San Jose Permanent
Saturday 16 Sunnyvale Permanent
Saturday 23 No Event No Event MAY 25/MEMORIAL DAY
Friday 29 San Jose Permanent
Saturday 30 San Jose Permanent
June Friday 5 San Martin Permanent
Saturday 6 . San Martin Permanent
Friday 12 San Jose Permanent
Saturday 13 San Jose Permanent .
Saturday 20 Sunnyvale Permanent
Saturday 27 Milpitas Temporary
*SUBJECT TO CHANGE 2/27/2008
. PI
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SECOND AMENDMENT TO THE AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE
This is the Second Amendment to the "Agency Agreement for Countywide AB 939
Implementation Fee," (AGREEMENT) by and between the City of Los PAs iy IAi�ts
(CITY/TOWN) and the County of Santa Clara, (COUNTY),which AGREEMENT was
effective on July 1, 2006 and previously amended effective July 1, 2007.
The COUNTY and the CITY agree that:
1. Section 1.,Purpose is amended in full as follows
The purpose of this Agreement is to state the terms and conditions under which the
COUNTY will col1ecfand,cdistribute the Fee of$3.72 per ton in FY 2007, $3.55 per ton
'in FY 2008 and $3`.55 pe;ton in FY 2009 of waste tobe disposed. The Fee is divided
into two parts: 1.) a Program Fee of$1.50 per"ton to assist in funding the costs of
preparing, adopting, and implementing the integrated waste management plan in the
fifteen cities and the unincorporated area of the County; and 2) a HHW Fee of$2.22 per
ton in FY 2007, $2.05 per ton in FY 2008 and $2.05 per ton in FY 2009 to provide
funding to implement the Countywide HHW Program. The Program Fee will be
allocated among jurisdictions as described in Exhibit B. The HHW Fee will be allocated
to the COUNTY, CITIES, and Countywide HHW Program and Participating
Jurisdictions as described in Exhibit C. The Fee shall be imposed on each ton of waste
landfilled or incinerated within the County; received at any non-disposal or collection
facility located within the County and subsequently transported for disposal or
incineration outside of the County;-collected from any location within the County by a
solid waste hauler operating pursuant to a franchise, contract, license, or permit issued by
any local jurisdiction and subsequently transported for disposal or incineration outside of
the County; or removed from any location in the County by any person or business for
disposal or incineration outside the County. Non-disposalfacilities are defined as those
facilities included in the County of Santa Clara Non-Disposal Facility Element(and
subsequent amendments to that Element).
2. Exhibit C. COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
PROGRAM FEE (HHW Fee) is amended in full as set forth in Attachment 1 which is
incorporated herein by this reference.
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Second Amendment To The Agency Agreement For 1
Countywide AB939 Implementation Fee
• , gr
e
Except as amended herein, all terms and conditions of said AGREEMENT and the First
Amendment shall remain in full force and effect.
The effective date of this Amendment is July 1, 2008.
IN WITNESS WHEREOF, COUNTY and CITY/TOWN through their duly authorized
representatives, have entered into this Second Amendment to the AGREEMENT on the date
shown below:
COUNTY OF SANTA CLARA CITY
Signature: Signa . e: ./
Pete McHugh, Chair _4 Date ��Q 3 20Q8 Date sigtpg
BOARD OF SUPERVI •RS l ,At4,A.T.JO11JeS
M4-Yo_.
ATTES��
P �9lis A. Perez, Clerk Date JUN 0 3 2008
BOARD OF SUPERVISORS
APPROVED AS TO FORM AND LEGALITY:
t4P
Kathy Kretchmer Date
- Deputy County Counsel 't-/T r�
•
Second Amendment To The Agency Agreement For 2 •
Countywide AB939 Implementation Fee
•
ATTACHMENT 1
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (1111W Fee)
1. PROGRAM FUNDING SOURCE
HHW Program services are directly mandated under AB939,which establishes statutory
authority to provide for funding to support planning and implementation of integrated waste
management programs. The HHW Fee, $2.22 per ton in FY 2007, $2.05 per ton in FY 2008
and$2.05 per ton in FY 2009, collected as part of the AB939 Implementation Fee, will be the
primary source of funding for CoHHW Program services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW Program
service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The number of households will be determined at the beginning
of each Fiscal Year by statistics compiled by the Department of Finance,Demographic
Research Unit in their most recent Report, "Population Estimates for California Cities
and Counties."
B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at
nonprofit charitable reuse organizations. The existing fund balance from previous years
will fund the Abandoned Wastes Disposal Costs for fiscal years 2007 to 2009. The $.12
per household Abandoned Waste Disposal apportionment for Fiscal Year 2007 will be
redirected to the Facility Closure Cost Account. The apportionment for Fiscal Years 2008
to 2009 will be redirected to the City Discretionary Fund.
C. Facility Closure Costs will cover the estimated cost of closing the three County
Household Hazardous Waste Collection Facilities (CoHHWCF)when the time comes.
The $.12 per household Abandoned Waste Disposal apportionment for Fiscal Year 2007
will be redirected to this account to satisfy Permit By Rule requirements [California Code
of Regulations, Title 22, sections 67450.25 (a) (2) (E) and 66265.110-66265.115]. There
will be no further apportionment for FY 2008 and 2009.
D. Variable Cost Per Car to provide a base level service to 3%of households in all
participating jurisdictions.
E. Available Discretionary Funding funded on tonnage generated per participating
jurisdiction.
2. FIXED PROGRAM COST
Funds shall be distributed on a per household basis for Fixed Program Costs. This portion,of
the funds shall be distributed directly to the Countywide HHW Program. Fixed Program
Costs funding shall be calculated at$1.68, $1.61, and$1.68 per household for fiscal years
2007 through 2009 respectively. Fixed Program Costs may include, but are not limited to six
Second Amendment To The Agency Agreement For 3
Countywide AB939 Implementation Fee
(6) CoHHW Program staff members, facility leasing costs,vehicle lease costs, office rent,
office supplies, county administrative overhead, county legal counsel, program publicity,
training costs, equipment and facility maintenance, and union negotiated salary and benefit
increases.
3. ABANDONED WASTE DISPOSAL COST
The existing unexpended abandoned waste fund balance of$210,000 will fund disposal of
HHW illegally abandoned at nonprofit charitable reuse organizations for FY 2007 through
FY 2009. The$.12 per household Abandoned Waste Disposal apportionment for Fiscal Year
2007 will be redirected to the Facility Closure Cost Account. This portion of the funds shall
be distributed directly to the Countywide HHW Program. All jurisdictions throughout the
COUNTY contribute to this cost including jurisdictions not participating in the AGENCY
AGREEMENT FOR COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE
COLLECTION PROGRAM. The apportionment for Fiscal Years 2008 to 2009 will be
suspended, and funding will be redirected to the City Discretionary Fund.
For the purposes of this agreement,the PUBLIC RESOURCES CODE SECTION 41904
defines a nonprofit charitable reuse organizations as follows: "Nonprofit charitable reuser"
means a charitable organization, as defined in Section 501(c)(3) of the federal Internal
Revenue Code, or a distinct operating unit or division of the charitable organization, that
reuses and recycles donated goods or materials and receives more than 50 percent of its
revenues from the handling and sale of those donated goods or materials.
4. FACILITY CLOSURE COST
The Facility Closure Costs are costs associated with the closing of the three HHW facilities
when the time comes and is required by Permit-by Rule Regulations. During the first three
years of the AB939 Implementation Fee for HHW services, $20,000 per year was set aside to
pay for facility closure. The closure account was $60,000 at the beginning of FY 2007. The
FY 2007 apportionment($70,000)for abandoned waste disposal will be redirected to the
Facility Closure Account maintained by Countywide HHW Program to satisfy Permit-by-
Rule requirements. This portion of the funds shall be distributed directly to the Countywide
HHW Program. This would be a one-time cost from the AB939 Implementation Fee
funding.
5. VARIABLE COST PER CAR
The Variable Cost Per Car is the cost associated with actual labor, waste disposal,
transportation and other services provided to the residents at the County HHW Collection
Facilities and Temporary Events. This portion of the funds shall be distributed directly to the
Countywide HHW Program. The Variable Cost Per Car is estimated to be $67 per car for
Fiscal Year 2008 and 2009. The estimated cost per car will be adjusted annually to reflect
actual service costs. After fixed costs and facility closure costs are allocated on a per
household basis, the variable cost per car will be used to calculate the costs to service 3% of
households across all participating jurisdictions. If the level of 3%of households is not
reached,the Countywide HHW Program will use the remaining balance of funds, in
Second Amendment To The Agency Agreement For 4
Countywide AB939 Implementation Fee
. AK
•
cooperation with the CITIES, to increase public outreach and/or provide additional services
in that jurisdiction the following year.
6. AVAILABLE DISCRETIONARY FUNDING
The Available Discretionary Funding portion will be allocated based on the tons of waste
generated within each jurisdiction and after allocation of fixed cost, facility closure cost and
variable per car cost. Available Discretionary Funds will be paid as directed by each
jurisdiction. Available Discretionary Funds must be used for HHW purposes. Options for
how to spend these funds include, but are not limited to, increasing the number of residents
served in the jurisdiction by the Countywide HHW Program, subsidizing curbside used motor
oil collection, electronic waste collection, universal waste collection, emergency HHW
services, funding HHW public education, or providing special programs such as door-to-door
collection of HHW for the elderly and/or persons with disabilities.
7. PROGRAM FUNDING PASS-THROUGH
Annual funding calculations include HHW Fees collected on behalf of all County
jurisdictions. CITIES, at their option, may participate in the Countywide HHW Program by
entering into the AGENCY AGREEMENT FOR COUNTYWIDE HOUSEHOLD
HAZARDOUS WASTE COLLECTION PROGRAM. CITIES not participating in the
Agency Agreement will receive their pro-rata share of funding received by the COUNTY
from the HHW Fee,with the exception of funds for the abandoned waste cost, described
above.
If CITIES not participating in the AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM desire to permit
residents to participate in HHW Program services on an emergency basis,then services to
these residents will be provided on a cost recovery basis. A charge equal to the established
rates charged by the Countywide HHW Program to Conditionally Exempt Small Quantity
Generators will be billed to the CITIES. A CITIES'representative must call the Countywide
HHW Program appointment line to schedule an appointment for the resident. The pro-rata
share of liability will be shared as defined in Section 28 of AGENCY AGREEMENT FOR
COUNTYWIDE HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM and
as described in Exhibit D.
Second Amendment To The Agency Agreement For 5
Countywide AB939 Implementation Fee