HomeMy WebLinkAbout39-07 •
S
RESOLUTION NO 3 9 0 7
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 (1111W) 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 First
Amendment to Agency Agreement for Countywide AB939 Implementation Fee and First
Amendment to Agency Agreement for Countywide HHW Collection Program including
approval of FY 07-08 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 First
Amendments on behalf of the Town of Los Altos Hills:
1. First Amendment to the Agency Agreement for Countywide AB939 Implementation
Fee.
2. First Amendment to the Agency Agreement for Countywide Household Hazardous
Waste (HHW) Collection Program including approval of FY 07-08 augmentation.
PASSED AND ADOPTED thi — :a of.--,vA , 2007
By: `� , - •
ayor
ATTEST:
erk
•
FIRST AMENDMENT TO THE AGENCY AGREEMENT FOR COUNTYWIDE
HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAM
This is the First Amendment to the"Agency Agreement for Countywide Household
Hazardous Waste Collection Program,"(AGREEMENT)by and between the City of 70-tad f
Cos,4(A, ' /-/I1 (CITY) and the County of Santa Clara, (COUNTY),which
AGREEMENT was effective on July 1,2006.
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$1.85 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 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].
D.Variable Cost Per Car to provide a base level service to 3% of households in all
participating jurisdictions.
Amendment to the Agency Agreement For Countywide 1
Household Hazardous Waste Collection Program
DUPLICATE ORIGINAL MAY 2 2 2007
•
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 by Fiscal
Year are projected for Fiscal Years 2008 through 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 VariablePer ostCar is the cost associated
C 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$76 per car for Fiscal Year 2007
and$67 per car for 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 HHW Facilities in FY 2008 and FY 2009. 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
current San Jose facility closed in November, 2006 and a new facility is expected to be
ready at a new location by the beginning of FY 2009.
The CoHHWCFs are located at:
Amendment to the Agency Agreement For Countywide 2
Household Hazardous Waste Collection Program
• •
t
♦ Sunnyvale Recycling Center, 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"
replaces Attachment A, " Projected AB 939 HHW Fee Fiscal Years 2007."
Attachment 3, "HHW Schedule for Fiscal Year 2007/2008" replaces Attachment
C,"HHW Schedule for Fiscal Year 2006/2007."
Except as amended herein, all terms and conditions of said AGREEMENT shall remain
in full force and effect.
The effective date of this Amendment is July 1, 2007.
IN WITNESS WHEREOF, COUNTY and CITY/TOWN, through their duly authorized
representatives,have entered into the First Amendment to the AGREEMENT on the date
shown below:
COUNTY OF SANTA CLARA CITY
Signature. - Signature:
— / , !
Donald F. Gage, hairperso:f ' ame A
BOARD OF SUPERVISORS
Title ,
ATTEST:
Phy. is A. Perez, Clerk
BOARD OF SUPERVISORS
• APPROVED AS TO FORM AND LEGALITY:
athy Kre t hmer l_ O`1
Deputy Co , ty Counsel �
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 eement 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 and Used Oil Filter Collection.
CITY agrees to augment up to an additional $/2)cCO to the Countywide HHW
Program during Fiscal Year 2008 for the purpose 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. Fiscal Year 2009 funding augmentations shall be agreed
upon in writing by the Director of the Department of Agriculture and Environmental
Management and the designated CITY representative. Other 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 resident 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 that amount to the
CITY within 30 days of the annual cost statement.
•
Amendment to the Agency Agreement For Countywide 4
Household Hazardous Waste Collection Program
Estimated AB 939 HHW Fee Distribution by Judisdiction
FY 2008 and 2009
ATTACHMENT I
Projected AB 939 HHW Fee Fiscal Years 2007,2008 and 2009 •
Fiscal Year 2007
Number of 3%of Total Tons Annual Fixed Cost Facility Closure Est Variable City
Jurisdiction Households HHs for AB939 Fee Revenue at$1.681HH Cost at 120 Cost at Discretionary
1/1/2005 Share $2.22/ton per HH $76/car Fund
Campbell 16,459 494 36,999.44 $82,139 $27,651 $1,975 $37,527 $14,986 •
Cupertino 19,724 592 39162.67 $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 •
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
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 9781 • $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 _ $96195 $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 607,035 17,385_ 1,385,133 $3,074,996 $973,582 $69,542 $1,321,290 $710,583 1
Fiscal Year 2008
Number of 3%of Total Tons Annual Fixed Cost Facility Closure Est Variable City
Jurisdiction Households HHs for AB939 Fee Revenue 1.61/HH $.12/HH Cost Discretionary
6/1/2006 Share $2.05/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 56646 $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 $1322 $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)
Countywide Totals 612,129 17,531 1,444,890 $2,962,025 $940,823 $70,123 $1,174,568 $776,511
Estimated AB 939 HHW Fee Distribution by Judisdiction
FY 2008 and 2009
•
Fiscal Year 2009 .
Number of 3%of Total Tons Annual Fixed Cost Non-Profit Est Variable City
• Jurisdiction Households HHs for AB939 Fee Revenue $1.68/HH 0/HH Cost at Discretionary
6/1/2006 Share $1.85/ton $67/car Fund
Campbell 16,475 494 37,187.24 $68,796 $27,678 $33,115 $8,004
Cupertino 19,892 597 37,461.13 $69,303 $33,419 $39,983 ($4,098)
Gilroy 14,328 430 52,581.25 $97,275 $24,071 $28,799 $44,405
Los Altos 10,741 322 19,756.07 $36,549 $18,045 $21,589 ($3,086) .
Los Altos Hills 3,050 92 4,366.89 $8,079 $5,124 $6,131 ($3,176)
Los Gatos 12,599 378_ 27,690.00_ $51,227 $21,166 $25,324 $4,736
Milpitas 18,197 546 66,489.94 $123,006 $30,571 $36,576 $55,859
Monte Sereno 1,253 38 1,357.61 $2,512 $2,105 $2,519 ($2,112)
Morgan Hill 12,331 370 33,237.64 $61,490 $20,716 $24,785 $15,988
Mountain View 33,168 995 56,645.52 $104,794 $55,722 $66,668 ($17,596)
Palo Alto 27,767 - 66,849.82 $123,672 $123,672
San Jose 301,848 9,055 733,164.22 $1,356,354 $507,105 $606,714 $242,535
Santa Clara 43,168 1,295 143,623.97 $265,704 $72,522 $86,768 $106,414
Saratoga 11,016 330_ 16,271.64 $30,103 $18,507 $22,142 ($10,547) •
Sunnyvale 54,728 1,642 99,053.42 $183,249 $91,943 $110,003 , ($18,697)
Unincorporated, 31,568 9471 49,153.81 $90,935 $53,034 $63,452 ($25,551)
Countywide Totals 612,129 17,531 - 1,444,890 $2,673,047 $981,728 $0 $1,174,568 $516,751
•
•
(� ATTACHMENT 2 Estimated HHW Fixed Costs By.Fiscal Year
to�xEi G T sk",,"' Q5 1 ) , 1Ka 4 "y . t ,* t rofl
.S t s. . .... �.g.:..�"ix'. <.,, ., �'.,; k.,»�fin. .,c u,.-. —„ ,r a:'�.z:
2008 2009 .
Staff Salary Arid Benefits
HMF'M,HMS (.5 FT :-.-MA:-. ( 5 FTE
:: HMT(3 FTE),Acct (1 5 FTE) $664;660 $691,246;
•
County Admin Overhead 25% of Salary. above. $166,165 $172,812 •
County Counsel . •.
$4,000 ;` $4,700 ' 1
Phones and Communications $10,.000 $1.0,000
Office Rent $205000 $25,000 .
.upplies:Storage: $2;400 $2,400
Facilities Lease Costs SM;Suri. $5,0`06 ' $5;000
Facility Impact:Fee $2':00 per.car : . $16;000 $1:6,000
. Vehicle Lease Casts . • . :$20,000. $20,000
Office Supplies $20,000 $20,000
Maintenance $5,000 $10.000
Staff Training $2,000 $3.000
ES '.>iOtttI3.�7 T(Q I. _. ,_.`, .... j.:. __s. ..... . . ..x9 0,225 980,, 8
•
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Attachment 3 •
HHW SCHEDULE FOR FISCAL YEAR 2007/2008
2007/Month Day Date Location Type of Event County Holidays/Notes
July Saturday 7 No Event No Event FOURTH OF JULY
Friday 13 San Martin Permanent
Saturday 14 San Martin Permanent
Saturday 21 Sunnyvale Permanent
Saturday 28 San Jose Temporary
August Friday 3 San Martin Permanent
Saturday 4 San Martin Permanent
Saturday 11 San Jose Temporary
Saturday 18 Sunnyvale Permanent
Saturday 25 Cupertino. Temporary-
September Saturday. 1 No Event No Event SEPT 3/LABOR DAY
Friday 7 San Martin Permanent
Saturday 8 San Martin Permanent
Saturday 15 Sunnyvale Permanent
Saturday 22 Santa Clara Temporary
Saturday 29 San Jose. Temporary
October Friday 5 San Martin Permanent
Saturday 6 San Martin Permanent
Friday 12 San Martin Permanent
Saturday 13 San Martin Permanent
Saturday 20 Sunnyvale Permanent
Saturday 27 San Jose Temporary
November Friday 2 San Martin Permanent
Saturday 3 San Martin Permanent
Saturday 10 No Event No Event NOV 9NETERANS DAY
Saturday 17 Sunnyvale Permanent
Saturday : 24 No Event • No Event 22&23/THANKSGIVING
December Friday 30 San Martin. Permanent
Saturday 1 San Martin Permanent
Saturday 8 San Jose Temporary
Saturday 15 No Event . No Event
Saturday 22 No Event No Event DEC 25/CHRISTMAS
Saturday 29 No Event No Event JAN 1/NEW YEARS
2008/Jan Friday 4 San Martin Permanent
Saturday 5 San Martin Permanent
Saturday 12 Santa Clara Temporary
Saturday 19 Sunnyvale Permanent
Saturday 26 San Jose Temporary
•
Attachment 3
HHW SCHEDULE FOR FISCAL YEAR 2007/2008-continued
2008/Month Day Date Location Type of Event County Holidays/Notes
February Friday 1 San Martin Permanent
Saturday 2 San Martin Permanent
Friday 8 San Martin Permanent
Saturday 9 San Martin Permanent
Saturday 16 Sunnyvale Permanent
Saturday 23 San Jose Temporary
March Friday . 29 San Martin Permanent
Saturday 1 San Martin Permanent
Friday 7 San Martin Permanent
Saturday 8 San Martin Permanent
Saturday 15 Sunnyvale Permanent MOUNTAIN VIEW
Saturday 22 San Jose Temporary
Saturday 29 No Event No Event CAESAR CHAVEZ DAY
April Friday 4 San Martin Permanent
Saturday 5 . San Martin Permanent
Saturday . 12 Los Altos Temporary
Saturday 19 Sunnyvale Permanent
Saturday 26 Santa Clara Temporary
May Friday 2 San Martin Permanent
Saturday 3 San Martin Permanent
Saturday 10 San Jose Temporary
Saturday 17 Sunnyvale Permanent
Saturday 24 No Event No Event MAY 26/MEMORIAL DAY
Friday 30 San Martin Permanent
Saturday 31 San Martin Permanent
June Friday 6 San Martin Permanent
Saturday . 7 San Martin Permanent
Saturday 14 San Jose Temporary
Saturday , 21 Sunnyvale Permanent
Saturday 28 Milpitas Temporary
*SUBJECT TO CHANGE 10/5/2006
•
•
FIRST AMENDMENT TO THE AGENCY AGREEMENT
FOR COUNTYWIDE AB939 IMPLEMENTATION FEE
•
This is the First Amendment to the"Agency Agreement for Countywide AB 939 / "
Implementation Fee,"(AGREEMENT).by and between the City of Q/q/h t S Alta Ha;
(CITY)and the County of Santa Clara,(COUNTY),which AGREEMENT wad effective on
July 1,2006.
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 collecfand distribute the Fee of$3.72 per ton in FY 2007,$3.55 per ton
in FY 2008 and$3.35 per ton in FY 2009 of waste to be 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$1.85 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-disposal facilities 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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First Amendment To The Agency Agreement For , 1
Countywide Ab939 Implementation Fee -
•
Ci ®�GAd MAY 2 2 200
III
•
Except as amended herein,all terms and conditions of said AGREEMENT shall remain in full
force and effect.
The effective date of this Amendment is July 1,2007.
IN WITNESS WHEREOF,COUNTY and CITY/TOWN through their duly authorized
representatives,have entered into this First Amendment to the AGREEMENT on the date shown
below:
COUNTY OF SANTA CLARA CITY
Signa e: S'Iii•ture:
Donald F.Gage,ChairpA.of Name. I lJ x�\-/Ay
BOARD OF SUPERVISOR
All'EST:
�/
Phy A.Perez,Clerk O ,
BOARD OF SUPERVISORS
APPROVED.4S'TOIFORM AND LEGALITY:
Kathy Kretchmer
Deputy County Counsel
1
First Amendemnt To The Agency Agreement For
Countywide Ab939 Implementation Fee
•
•
ATTACHMENT 1
COUNTYWIDE HOUSEHOLD HAZARDOUS
WASTE PROGRAM FEE (HHW 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$1.85 per ton in FY 2009, collected as part of the AB939 Implementation Fee,will be the
primary source of funding for CoHHW Program services.
Funds derived from the HHW Fee will be allocated among five types of CoHHW Program
service costs as follows:
A. Fixed Program Costs will be apportioned based on the number of households in each
participating jurisdiction. The number of households will be determined at the beginning
of each Fiscal Year by statistics compiled by the Department of Finance,Demographic
Research Unit in their most recent Report,"Population Estimates for California Cities
and Counties."
B. Abandoned Waste Disposal Costs will fund disposal of HHW illegally abandoned at
nonprofit charitable reuse organizations.The existing fund balance from previous years
will fund the Abandoned Wastes Disposal Costs for fiscal years 2007 to 2009.The$.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].
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 1111W 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 '
(6)CoHHW Program staff members, facility leasing costs,,vehicle lease costs,office rent,
First Amendment To The Agency Agreement For 3
Countywide Ab939 Implementation Fee
•
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 current closure account has$60,000. It is anticipated that the
San Jose Facility will close in FY 2007 and will cost approximately$50,000 leaving$10,000
in the Facility Closure Account. The estimated cost to close the remaining two facilities,
when the time comes,is $80,000($50,000 for the Sunnyvale facility and$30,000 for the San
Martin facility). 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$76 per car for
Fiscal Year 2007. 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
First Amendment To The Agency Agreement For 4
Countywide Ab939 Implementation Fee
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 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.
First Amendment To The Agency Agreement For . 5
Countywide Ab939 Implementation Fee
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