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HomeMy WebLinkAboutReso 006-02 AlaCo AltamontLand RESOLUTION NO. 6 - 02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING EXPENDITURES BY THE OPEN SPACE ADVISORY COMMITTEE CREATED BY AN AGREEMENT SETTLING LITIGATION OVER THE EXPANSION OF THE ALTAMONT LANDFILL WHEREAS, the Council has been presented with an agreement entitled Agreement Between the City of Dublin and the County of Alameda Regarding Expenditures by the Open Space Advisory Committee Created by an Agreement Settling Litigation over the Expansion of the Altamont Landfill; and WHEREAS, the Council is familiar with the terms of the agreement; and WHEREAS, the City Manager has recommended approval of the agreement. NOW, THEREFORE BE IT RESOLVED, that the Agreement between the City of Dublin and the County of Alameda Regarding Expenditures by the Open Space Advisory Committee Created by an Agreement Settling Litigation over the Expansion of the Altamont Landfill is hereby approved and the Mayor is hereby authorized and directed to execute the Agreement attached as Exhibit A. PASSED, APPROVED AND ADOPTED this 15th day of January 2002, by the following vote: AYES: Councilmembers McCormick, Oravetz and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTEST: K2/G/1-, 5.02/reso_l ~C 1 eanclt~ll, di~Item g~. 2) Mayor AGREEMENT BETWEEN THE CITY OF DUBLIN AND THE COUNTY OF ALAMEDA REGARDING EXPENDITURES BY THE OPEN SPACE ADVISORY COMMITTEE CREATED BY AN AGREEMENT SETTLING LITIGATION OVER THE EXPANSION OF THE ALTAMONT LANDFILL This Agreement is entered into by and between the City of Dublin (hereafter"Dublin"), a municipal corporation organized under the laws of the State of Calif°mia,~nd I;he Courl~ of Alameda (hereafter "County"), a political subdivision of the State of California, this ~-~--..daY o~&,C,u 2002. RECITALS A. In 1991, Waste Management of Alameda County, Inc. (hereafter WMAC) applied to Alameda County (hereafter "County") for a Conditional Use. Permit (hereafter "CUP") that would have allowed it to expand the capacity of the Aitamont Landfill and Resource Reclamation Facility (hereafter "Landfill"). The County granted the CUP in 1996, precipitating litigation over the sufficiency of the Environmental Impact Report prepared in conjunction with the CUP application. The County was one of the defendants in the case. B. In 1999, the parties to the litigation entered into an agreement Settling their claims. As part of that agreement, a copy of which is attached, hereto and hereby inc0rpo.rated by reference, the County agreed to impose o.n WMAC, as a condition of expanding the Landfill, several fees per ton of waste disposed at the Landfill. Th e agreement allocated a podion of those fees to an Open Space Account (hereafter "Account"); it further allocated twenty percent of-the funds deposited into the Account annually to the acquisition of open space in the Dubiin-Pleasanton area. C. The Settlement agreement established an Open Space Advisory Committee (hereafter "Committee") to administer the Account and the acquisition of open space with funds in the account. The City of Pleasanton, the City of Livermore, the County, and the Sierra Club may all appoint voting-members to the Committee. Dublin has nonvoting representation on the Committee. The Committee's tasks, as described in the settlement agreement, are the creation of "priority lists" of properties to acquire in the Dublin-Pleasanton and Livermore areas and the allOcation of funds from the Account for the acquisition of the listed open space by obtaining title or a permanent easement. Committee decisions regarding the priority list and allocations for the Dublin-Pleasanton area are made by a majority vote of Pleasanton, the County, and the Sierra Club. Once the Committee recommends a priodty list and allocations for.the Dublin-Pleasanton area, the Pleasanton City Council and the County Board of Supervisors .must ratify the recommendations by determining that they are consistent with the requirements of the settlement agreement.. If either body does not ratify the recommendation, it is referred back to the Committee for reconsideration. D. As a fUrther part of the settlement agreement, WMAC agreed, at the earliest point allowed under its franchise agreements; to include the fees in its per ton rate for disposal at the Landfill, thereby passing the fee to its franchisors and other jurisdictions that use.the Landfill. The franchisors must then pass.the fee along to its customers by increasing rates for solid waste colleCtion and disposal. WMAC has recently included the feesin its proposed per ton disposal rates for Dublin, thereby requesting that Dublin Agreement Regarding Open Space Committee Expenditures between Alameda County and the City of Dublin Page1 of 3 EXHIBIT A include the fees in its customers' rates. Dublin does not believe that, under the terms of its franchise agreement with WMAC, WMAC has the dght to include the fees in its disposal rate for Dublin. E. Believing that the acquisition of open space in and around Dublin.will benefit the residents of the County who might not otherwise benefit from the settlement ag.reement and recognizing that the residents of the City will contribute to 'the Account by indirectly paying the fees discussed above, the parties hereto enter into this Agreement to provide a mechanism for assuring the equitable distribution of the funds from the Account designated for the creation of open space in the Dublin-Pleasanton area. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Dublin's Responsibilities. a. Dublin shall, pursuant to its franchise agreement with WMAC and when requested by WMAC, include in the per ton'Base Rate defined in that agreement all fees imposed on WMAC by the County as part of the agreement settling the. litigation over the expansion of the Landfill. b. Dublin shall, to the extent permitted by law, continue to study mechanisms and funding sources for open space acquisition research within and around its boundaries and shall share .all information obtained from such studies with the County and the Committee. c. Dublin shall actively participate in the Committee and strongly advocate that the funds in the Account annually allocated for the acquisition of open space in the Dublin-Pleasanton area should be spent equally, on a dollar-for-dollar basis, on properties in Pleasanton and Dublin. 2. County's Responsibilities. a. Co.unty shall, at every opportunity, vote to place on the priority list for the Dublin- Pleasanton area properties in Dublin that the Dublin representative on the Committee approves and to divide evenly betWeen Dublin and Pleasanton'the funds in the Account annually allocated for the acquisition of open space in the Dublin-Pleasanton area, such that half of the funds are designated for the acquisition of open Space in Pleasanton, half for open space in Dublin. b. If the Committee recommends a priority list that contains properties in Dublin that Dublin's Committee representative has not approved or an allocation of funds for the acquisition of open space in the Dublin-Pieasanton area that is not evenly divided between properties in Agreement Regarding Open Space .Committee Expenditures between Alameda County and the City of Dublin Page 2 of 3 EXHIBIT A Pleasanton and Dublin, the County Board of Supervisors shall vote to disapp['ove the recommendation as-inconsistent with the requirements of the settlement agreement. 3. Modification. year or for multiple years. The parties may agree in wdting to a different allocation of funds for a single 4. Indemnification. Each party agrees to hold harmless the other and its elected and appointed councils, boards, commissions, officers, agents, employees, and representatives from any and all claims, costs, and liability that may arise directly or indirectly as a result of any actions taken pursuan! to this Agreement. 7. Term and Terrain ation. This Agreement shall remain .in effect for as long as the Committee exists and makes decisions about the allocation of funds derived from fees imposed as a result of the settlement of the above-described litigation over the expansion of the Landfill. This Agreement may be terminated only by the written consent of both partieS. 6. Severability. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 'IN WITNESS WHEREOF, the parties have executed this Agreement as of the date wdtten above. CITY OF DUBLIN By: Ja~t Lockhart, Mayor By: Attest: Attest: Kay ~e~, ~tY Clerk Approved as to -form: COUNTY OF ALAMEDA Scott Haggerty, Board president Crystal Hishida, Clerk Approved as to form: Elizabeth H. Silver, City Attorney Richard E. Winnie, County Counsel Agreement Regarding Open Space Committee Expenditures between Alameda County and lhe City of Dublin Page 3 of 3 EXHIBIT A