HomeMy WebLinkAbout4.3 Waste Mgmt Authority JPA �>o
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 23, 1987
SUBJECT Alameda County Waste Management Authority Joint Powers
Agreements (JPA' s)
EXHIBITS ATTACHED o Proposed Resolution
o Letter dated November 12, 1987 from Edward R.
Campbell, Chairman, Alameda County Board of
Supervisors
o Letter dated September 30, 1987 from Ken Mercer,
President, Alameda County Solid Waste Management
Authority
o Letter dated September 30, 1987 from Ken Mercer to
Ed Campbell
o Memorandum from E. Clement Shute, Jr. , dated
September 24, 1987 to Member Agencies
RECOMMENDATION Adopt Resolution
FINANCIAL STATEMENT: No direct cost is assessed for the City' s membership.
DESCRIPTION As part of the efforts of the Alameda County Solid
Waste Management Authority to review the Waste Management Plan, several
organizational changes have also been proposed. The County Board of
Supervisors has now approved these changes and they have asked each of the
member agencies to consider approving documents which will implement the
changes.
Two basic documents are included with the proposed resolution. Exhibit A
establishes the proposed Alameda County Waste Management Authority. This
entity will have responsibility for planning efforts related to both solid
waste and hazardous waste. The task of hazardous waste planning is a recent
State mandate.
Exhibit B amends the current Solid Waste Management Authority JPA. The
current Agreement requires returning funds to member agencies upon
dissolution of the Authority. This amendment will allow the assets to be
transferred to the newly created JPA. The amendment will also formally
dissolve the current Solid Waste JPA upon adoption by two-thirds of the
members .
Councilmember Snyder is currently the City' s representative on the JPA.
Also, Mayor Jeffery serves on a subcommittee reviewing the Hazardous Waste
Plan. Additional information and background may be available from these
members .
Staff would recommend that the City Council adopt the proposed resolution.
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COPIES TO:
ITEM NO. 'y s
RESOLUTION NO. - 87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT (JPA)
CREATING THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY
AND
APPROVING AN AMENDMENT TO THE JOINT EXERCISE OF POWERS AGREEMENT (JPA)
WHICH CREATED THE ALAMEDA COUNTY SOLID WASTE MANAGEMENT AUTHORITY
WHEREAS, the Alameda County Board of Supervisors has executed a Joint
Exercise of Powers Agreement (attached hereto as Exhibit A) ; and
WHEREAS, the purpose of this agreement is to create a new entity
called the Alameda County Waste Management Authority; and
WHEREAS, this new entity will have the responsibility to prepare and
maintain both the Hazardous Waste Management Plan and the Solid Waste
Management Plan; and
WHEREAS, the Alameda County Board of Supervisors has also executed an
amendment to the current JPA (attached hereto as Exhibit B) ; and
WHEREAS, the amendment transfers all assets of the current Alameda
County Solid Waste management Authority to the Alameda County Waste
Management Authority created in Exhibit A; and
WHEREAS, the amendment will also dissolve the Alameda County Solid
Waste Management Authority; and
WHEREAS, these actions are found to be categorically exempt under the
California Environmental Quality Act Section 15320.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve Exhibit A and Exhibit B, attached hereto and
made a part hereof.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the
referenced Joint Powers Agreements on behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 23rd day of November, 1987.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
u
i
cpc:zl
con
JOINT EXERCISE OF POWERS AGREEMENT
FOR WASTE MANAGEMENT
This Agreement is entered to and becomes effective this
fk day of � ����,V , 1987, by- and •between the
undersigned public agencies, all of said parties referred to
collectively as the "Agencies";
WITNESSETH:
A. Solid Waste Management.
Government Code' section 66780 et seq. requires the
preparation, adoption, revision, amendment, administration
and enforcement of countywide solid waste management plans
in order to protect the environment and provide for safe,
sanitary and economical disposal of solid waste. An
objective of this Agreement is to create a city, county,
special district waste management authority responsible for
and capable of preparation, adoption, revision, amendment,
administration, policy-making, budgetary, planning and
enforcement of the Alameda County Solid Waste Management
Plan.
1. ,, � . 11 4 �
In this regard, the Alameda County Solid Waste
Management Plan has been adopted, revised and amended from
time to time pursuant to Government Code section 66780
et seq. Alameda County had previously delegated to the
Alameda County Solid Waste Management Authority, an agency
created by a Joint Exercise of Powers Agreement for Solid
Waste Management on September 2, 1976 , the power, duty and
responsibility to prepare, adopt, revise, amend, administer
and enforce the Alameda County Solid Waste Management Plan.
By its signature hereon, Alameda County transfers this
delegation to the agency created by this Agreement including
the power, duty and responsibility to prepare, adopt,
revise, amend, administer and enforce the Alameda County
Solid Waste Management Plan pursuant to Government Code
section 66780 et seq, as those sections exist or as they may
be amended from time to time.
B. Hazardous Waste Management.
Government Code section 66780 .8 and Health and Safety - -
Code sections 25135 through 25135. 8 establish a planning
process and requirements for the preparation, adoption,
amendment, administration and enforcement of county
hazardous waste management plans in order to protect the
environment and provide for safe and responsible management
of hazardous wastes. An objective of this Agreement is to
2 .
create a city, county, special district waste management
authority responsible for and capable of preparation,
adoption, amendment, administration, policy-making, '
budgetary, planning and enforcement of an Alameda County
Hazardous Waste Management Plan. By its signature hereon,
Alameda County delegates to the Alameda County Waste
Management Authority the power, duty and responsibility to
prepare, adopt, amend, administer and enforce the Alameda
County Hazardous Waste Management Plan pursuant to
Government Code section 66780.8 and Health and Safety Code
sections 25135 through 25135.8 as those sections exist or as
they may be amended from time to time.
C. Joint Exercise of Powers.
Government Code section 6500 et seq. provides that two
or more public agencies by agreement may jointly exercise
any power common to the contracting parties. It is the
intent of the contracting Agencies to utilize this statutory
authorization in this Agreement.
NOW, THEREFORE, the Agencies agree as follows:
1. OBJECTIVE.
The purpose of this Agreement is to provide a
means of preparing, adopting, revising, amending,
administering and enforcing the Alameda County Solid Waste
3.
Management Plan and the Alameda County Hazardous Waste
Management Plan.
2. DEFINITIONS.
Certain words as used in this Agreement shall be
defined as follows:
a. "Board" shall mean the board constituted
herein pursuant to this Agreement to administer and execute
this Agreement.
b. "Agency" shall mean each City, County, or
Special District which is a signatory to this Agreement.
c. "Alameda County Waste Management Authority"
shall mean the public and separate agency created by this
Agreement.
3. EFFECTIVE DATE.
This Agreement shall become effective on
October 27 , 1987.
4. CREATION OF ALAMEDA COUNTY WASTE MANAGEMENT
AUTHORITY.
There is hereby created the Alameda County Waste
Management Authority (hereinafter referred to as
"Authority") to exercise in the manner set forth in this
Agreement the powers common to each of the Agencies. The
Authority shall be a public entity separate from the
Agencies. No debt, liability, or obligation of the
4 .
Authority shall constitute a debt, liability 'or obligation
of any Agency and each party's obligation hereunder is
expressly limited only to the appropriation and contribution
of such funds as may be levied pursuant to this Agreement or
as the parties hereto may agree.
S. SUCCESSOR AGENCY.
The Authority is for all purposes the successor to
the Alameda County Solid Waste Management Authority created
by Joint Powers Agreement effective September 2, 1976. The
Authority shall succeed to all of the assets, liabilities,
contracts and other obligations of the Alameda County Solid
Waste Management Authority. The Authority shall also assume
all powers, duties and responsibilities specified in this
Agreement regarding the Alameda County Solid Waste
Management Plan. By separate document the members of the
Alameda County Solid Waste Management Authority shall
execute an instrument indicating the dissolution of that
public agency and the transfer of all of its assets,
liabilities, contracts and other obligations to this
Authority. The California Waste Management Board shall be
notified of this change and requested to verify that the
Authority is the identified agency for solid waste planning
in Alameda County. The State Department of Health Services
shall also be notified and requested to verify that the
5.
Authority is the identified agency for hazardous waste
planning in Alameda County.
6. POWERS.
The Authority shall have the power to prepare,
adopt, revise, amend, administer and enforce the provisions
of the Alameda County Solid Waste Management Plan and the
Alameda County Hazardous Waste Management Plan. The
Authority is hereby authorized in its own name to perform
all acts necessary for the exercise of said powers including
but not limited to the following:
a* to make and enter into contracts;
b. to apply for and accept grants, advances, and
contributions;
C. to employ or contract for the services of
agents, employees, consultants and such other persons or
firms as it deems necessary;
d. to make plans and conduct studies; to review
the Alameda County Solid Waste Management Plan and recommend
or adopt revisions or amendments thereto to the extent
allowed by law;
e. to acquire, construct, manage, maintain,
operate, and control any buildings, works, or improvements;
f. to acquire, hold or dispose of property;
g. to sue and be sued in its own name;
6.
h. to incur debts, liabilities, or obligations,
subject to limitations herein set forth;
i. to levy and collect fees and charges,*
including administrative and operating costs, as provided in
this Agreement or by law, against all entities to which the
law applies, both signatory and non-signatory to this
Agreement;
j . to adopt, as authorized by law, ordinances or
resolutions necessary to carry out the purposes of this
Agreement;
k. to issue bonds, subject to the provisions and
limitations of the Government Code of the State of
California;
1. to adopt annually a budget setting forth all
administrative, operational and capital expenses for the
Authority, together with the apportionment of such expenses
by levy against each agency to the extent necessary;
M. to act by and on behalf of Alameda County for -
the purposes of Government Code section 66780.8 and Health
and Safety Code sections 25135 through 25135.8 as those
sections exist or as they may be amended from time to time
in order to seek state funding to defray the cost of
preparing, adopting, amending, administering and enforcing
the Alameda County Hazardous Waste Management Plan;
7.
n. to appoint four members ,to the advisory
committee required by Health and Safety Code section 25135.2 "
as that section exists or as it may be amended from 'time to
time. In this regard, the Agencies agree that the advisory
committee shall consist of a maximum of 17 members of which
ten shall be appointed by the Board of Supervisors,
including at least one representative of industry, one
representative of an environmental organization and one
representative of the public, and three shall be appointed
by the city selection committee.
o0 to recommend, adopt and amend the Alameda
County Hazardous Waste Management Plan to the extent allowed
by law.
7. BOUNDARIES.
The boundaries of the Authority shall be the
boundaries of the County of Alameda.
8. ORGANIZATION.
a. Board.
The Authority shall be governed by the Board which
shall exercise all powers and authority on behalf of the
Authority.
The Board is empowered to establish its own
procedures. The Board may do any and all things necessary
to carry out the purposes of this Agreement.
8.
b. Members.
The Board shall consist of one member of the
governing body of each of the Agencies. Upon execution of
this Agreement, the governing body of each Agency shall by
resolution appoint one of its members to serve as a member
of the Board and another of its members to serve as an
alternate member of the Board to' serve in the absence of the
regular member. Each member and alternate shall hold office
from the first meeting of the Board after his or her
appointment until a successor is selected. Each member and
alternate shall serve at the pleasure of the governing body
of the appointing agency. Any change in appointment of a
member or alternate shall be by resolution of the governing
body of the appointing agency.
c. Vote.
In order to represent the population of the
Agencies, each member shall have one vote except that the
member selected by the City of Oakland shall have three
votes and the member selected by the County of Alameda shall
have two votes.
d. Vote Required.
A two-thirds majority of the authorized vote shall
be required for the adoption of a resolution or ordinance.
9.
A majority vote of those present and voting shall be
required for any other action.
e. Meetings of the Board.
(1) Regular Meetings.
The Board shall hold at least one regular
meeting each year. The date, hour and place at which each
such regular meeting shall be held shall be fixed by
resolution of the Board.
(2) Special Meetings.
Special meetings of the Board may be called
in accordance with provisions of law.
(3) Notice of Meetings.
• All-meetings of the Board shall be held
subject to the provisions of the Ralph M. Brown Act, being
sections 54950 et seq. of the Government Code, and other
applicable laws of the State of California requiring notice
of meetings of public bodies to be given.
(4) Minutes.
The Board shall cause minutes of all meetings
to, be kept and shall, as soon as possible after each
meeting, cause a copy of the minutes to be forwarded to each
member of the Board and to each Agency.
10.
(5) Quorum. ...
A majority of the members of the Board shall
constitute a quorum for the transaction of business, except
that less than a quorum may adjourn from time to time.
f. By-Laws.
The Board shall adopt from time to time such
by-laws, rules or regulations for the conduct of its affairs
as may be required.
9. STAFFING.
The Authority may appoint and retain staff as
necessary to fulfill its powers, duties and responsibilities .
under this Agreement, including appointment of temporary or
permanent staff, or contract with the County of Alameda.
10. RESTRICTIONS UPON EXERCISE OF POWER OF BOARD.
This Agreement is entered into under the
provisions of Government Code section 6500 et seq.
concerning joint powers agreements. The powers to be
exercised hereunder shall be subject to the restrictions
upon the manner of exercising those powers as limited by
law.
11. FUNDS, AUDIT AND ACCOUNTING SERVICES.
Pursuant to the requirements of section 6505.5 of
the Government Code, the Treasurer of the County of Alameda
is designated to be the depositary and to have custody of
11.
all project funds from whatever source, and to perform the
following functions:
a. Receive and receipt for all money for the
project and place it in the County Treasury of.Alameda
County for the credit of the Authority;
b. Be responsible upon official bond for the
safekeeping and disbursement of! all Authority money so held;
C. Pay any sums due from Authority money, . or any
portion thereof, only upon warrants of the public officer
performing the functions of auditor or controller who has
been so designated pursuant to this Agreement; and
d. Verify and report in writing on the first day
of July, October, January and April of each year to the
Authority and to the contracting parties to this Agreement
the amount of money the Treasurer holds for the Authority,
the amount of receipts and the amount paid out since the
last report to the Authority.
• The functions of auditor shall be performed for
the Authority by the Auditor of Alameda County. The Auditor
shall draw warrants to pay demands against the Authority
when the demands have been approved by the Authority or by a
person authorized by the Authority to so approve.
There shall be strict accountability of all funds
and the Auditor of the County of Alameda will report to the
12.
Board of Control all receipts and disbursements. In
addition, the Auditor of the County of Alameda will either
make or contract for an audit of the accounts and records at
least annually as prescribed by section 6505 of the
Government Code. - In each case the minimum requirements of
the audit shall be those prescribed .by the State Controller
for special districts under section 26909 of the Government
Code and the audit shall conform to generally accepted
auditing standards.
12. DISPOSITION OF AUTHORITY FUNDS UPON TERMINATION.
a. In the event of termination of the Authority
where there is a successor public entity which will carry on
the activities of the Authority and assume its obligations,
Authority funds, including any interest earned on deposits,
remaining upon termination of the Authority and after
payment of all obligations shall be transferred to the
successor public entity.
b. If there is no successor public entity which
would carry on any of the activities of the Authority or
assume any of its obligations, Authority funds, including
any interest earned on deposits, remaining upon termination
of the Authority and after payment of all obligations, shall
be returned in proportion to the contribution of each Agency
during the term of this Agreement.
13.
C, If there is a successor public agency which
would undertake some of the functions of the Authority and
assume some of its obligations, Authority funds, including
any interest earned on deposits, remaining upon termination
of the Authority and after payment of all obligations shall
be allocated by the Board between the successor public
entity and member agencies.
In the event the Authority is terminated under
circumstances falling within (b) or (c) above, ' all decisions
of the Board with regard to determinations of amounts to be
transferred to member agencies or any successor shall be
final.
13. PROCEDURE FOR BECOMING MEMBER OF BOARD.,
All of the agency signatories to this Agreement
shall be members of the Board. Any city in Alameda County,
including cities incorporated after the effective date of
this Agreement, may become members of the Board by
• presenting an adopted resolution to the Authority which
includes a request to become a member of the Board. Any
other public entity in Alameda County which shares and
exercises powers in common with the contracting parties may
become a member of the Board by presenting an adopted
resolution to the Authority which includes a request to
become a member of the Board and upon a two-thirds
14.
affirmative vote of the Authority accepting the public
entity to membership.
14 . WITHDRAWAL AND TERMINATION OF MEMBERSHIP..
Any Agency upon two years' written notice given to
the Authority prior to July lst of any year may withdraw
from this Agreement. The membership of any agency which
ceases to have powers in common with the contracting parties
to this Agreement or, in the case of a special district,
ceases to exercise franchise authority for solid or
hazardous waste and does not own or operate any solid or
hazardous waste facilities shall terminate thirty (30) days
after the occurrence of the requisite events as specified in
this section.
15. SPECIAL PROVISIONS.
a. The Authority shall not under any
circumstances attempt to impose or enforce a tax for general
purposes or impose a user fee in reliance on Health and
Safety Code section 25173.5 as that section exists or may be
amended from time to time unless said section or its
successor authorizes such a tax or user fee to be levied by
the Authority. -
b. Alameda County understands and agrees that
the Authority and not the County may levy the fee authorized
15.
by Government Code section 66784.3 as it may be amended from
time to time.
16 . AMENDMENTS.
This Agreement may be amended by the affirmative
vote of the governing bodies of not less than two-thirds of
all member Agencies.
17. NOTICES.
All notices to Agencies shall be deemed to have
been given when mailed to the governing body of each member
agency.
IN WITNESS* WBEREOF, each Agency has executed
approval of this Agreement and filed said approval with the
Clerk of the County of Alameda and said signatures are
listed below or attached hereto.
Dated: - _ Count- of Alameda - �-
Iv o
WRENZO E. CHAMB6!Si
Dated: City of Alameda
BY
I hereby certify under penalty of perjury that the Chairman of the Board
of Supervisors was duly authorized to execute this documen on behalf of the
County of Alameda by a majority vote of the Board on LT 2;' 1qP7 ; and
that a copy has been delivered to the Chairman as provided by Government Code
Section 25103.00T 27 1587
i Dated:
WILLIAM MEHRWEIN, Clerk, Board of Supervisors
County of Alameda, State £ C li ornia
BY A .A AJA
Demur
Dated: City of 'Albany
By
Dated: -City of Berkeley-
By
Dated: City of Dublin
By
Dated: City of Emeryville
By
Dated: City of Fremont
By
Dated: City of Hayward
By
Dated: City of Livermore
By
17.
Dated: City of Newark
By
Dated: City of Oakland '
By
• s -
Dated: City of Piedmont
By
Dated: City of Pleasanton
BY
Dated: City of San Leandro
By
Dated: Union City
By
Dated: Castro Valley Sanitary District
By
18.
Dated: Oro Loma Sanitary District
By
168/ecsl
19.
AMENDMENT TO JOINT EXERCISE OF POWERS AGREEMENT
FOR SOLID WASTE MANAGEMENT
WHEREAS, the County of Alameda, the Cities of
Alameda, Albany, Berkeley, Dublin, Emeryville, Fremont,
Hayward, Livermore, Newark, Oakland, Piedmont, Pleasanton,
San Leandro and Union City, the Castro Valley Sanitary
District, the Oro Loma Sanitary District and the Dublin San
Ramon Services District are parties to a Joint Exercise of
Powers Agreement dated September 2 , 1976 , as amended
(hereafter "Agreement") . Paragraph 14 of said Agreement
provides that it may be amended by the affirmative vote of
the governing bodies of not less than two-thirds of all
member agencies; and
WHEREAS, the member agencies have determined to
prepare and adopt an Alameda County Hazardous Waste
Management Plan under the auspices of Chapter 1504 , Stats of
1986 , as amended; and
WHEREAS, the member agencies have determined that
it would be appropriate and prudent to adopt a new Joint
Powers Agreement to expressly provide for compliance in all
respects with Chapter 1504 , Stats. of 1986 , as amended. The
new Joint Powers Agreement creates the Alameda County Waste
Management Agency which would succeed to the powers and
obligations of the Alameda County Solid Waste Management
Agency (hereinafter "Authority") ..and also undertake 'the
.preparation and maintenance of the Alameda County Hazardous
Waste Management Plan; and
WHEREAS, it is necessary to amend said Agreement
to provide that the Authority's funds be transferred to the
Alameda County Waste Management :Agency in order that the new
agency may continue the functions of the Authority;. •and
WHEREAS, it is necessary to dissolve the existing
Alameda County Solid Waste Management Authority and
reconstitute that agency in the form of the Alameda County
Waste Management Authority;
NOW THEREFORE, the member agencies agree as
follows:
1 . Paragraph 11 of said Agreement is rescinded
and deleted.
2 . A new Paragraph 11 is added to said Agreement
as follows:
Because it has been agreed by the member agencies
that the Alameda County Waste Management Agency should be
created by separate Joint Powers Agreement and will succeed
for all purposes to the powers and obligations of the
Authority, all Authority funds of any nature whatsoever,
2.
including any interest earned on deposits, remaining after
termination of the Authority and after payment of all
obligations shall be transferred to the Alameda County Waste
Management Authority. All of the assets, liabilities,
contracts and other obligations of the Alameda county Solid
Waste Management Authority are hereby transferred to the
Alameda County Waste Management Authority.
3 . This Joint Exercise of Power Agreement for
Solid Waste is hereby terminated and concluded.
4 . This amendment shall take effect when
two-thirds of the governing bodies of the member agencies
approve this amendment. Thereafter the Alameda County Solid
Waste Management Authority shall cease to exist except for
the purposes of paying its debts and transferring its assets
and 'obligations to the Alameda County Waste Management
Agency.
Dated: County of Alameda
By
Dated: City of Alameda
By
Dated: City of Albany
3.
By -
Dated: ..City of Berkeley
By
Dated: City of Dublin
By
Dated:
City of Emeryville
By
Dated: City of Fremont
By
Dated: City of Hayward
By
Dated: City of Livermore
By
Dated: City of Newark
By
Dated: City of Oakland
4 .
By
Dated: City of Piedmont
By
Dated: City of Pleasanton
By
Dated: City of San Leandro
By
Dated: Union City
By
Dated: Castro Valley Sanitary District
By
Dated: Oro Loma Sanitary District
By
Dated: Dublin San Ramon Services
District
By
007/ecs5
5 .
O F A
BOARD 0 F S U P E R V I S 0 R S
o 0 FOR November 12, 1987
q �
EDWARD R.CAMPBELL 1 r• I �1[,�, 1
SUPERVISOR.FIRST DISTRICT �y( �'f l I C S. E';)71
The Honorable Linda Jeffery
City of Dublin
P. 0. Box 2340
Dublin, CA 94568
Dear Mayor Jeffery:
The County Board of Supervisors approved the attached Joint Powers
Agreement to create the Alameda County Waste Management Authority and the
attached Amendment to the Joint Powers Agreement which created the Alameda
County Solid Waste Management Authority on October 27, 1987.
The new J.P A. creating the Alameda County Waste Management Authority is
necessary to expand the existing Authority powers to prepare and adopt the
County Hazardous Waste Management Plan consistent with the State statutes.
The amendment to the existing J.P.A. will dissolve the existing Authority and
transfer all assets to the Waste Management Authority created by the new
J.P.A.
There are more minor administrative clarifications in the new J.P.A. to
reflect the changes necessary to respond to current conditions in our County.
The Board of Supervisors directed that the Agreements be forwarded to your
jurisdiction for execution. A draft Resolution is attached for your use.
Drafts of these Agreements have been coordinated by the Authority through
its member agencies and were transmitted to your jurisdiction previously.
Please have both of these matters scheduled for approval by your agency at
the earliest possible meeting. Attention to this matter will provide Alameda
County agencies with the best vehicle to implement the State programs through
local cooperation and determination.
Please contact William Fraley at 670-5400 or Eric Chambliss at 272-6703
with any questions.
Very truly yours,
EC/WHF/jpb Edward R. Campbell J
Att. Chairman
cc: SWMA
Member Agency Managers
Eric Chambliss
Clem Shute
14275 1221 OAK STREET SUITE 536 • OAKLAND, CALIFORNIA 94612 • (415)874-7367
1459S
ALAM EDA CG J NTY som wASTE AAGEMENT AUTHORITY
. 399 Elmhurst Street, Hayward, California 94544 (415) 670-5400
September 30, 1987
Honorable Linda Jeffery
City of Dublin
P. 0. Box 2340
Dublin, CA 94568
Dear Mayor Jeffery:
Enclosed for your information is a copy of the Authority transmittal to
the Alameda County Board of Supervisors of the revisions to the Joint Powers
Agreement for operating the County Solid Waste Management Authority and the
revised Joint Powers Agreement which will allow the Authority to include
hazardous waste management planning activities in their programs.
The Joint Exercise of Powers Agreement for Waste Management is virtually
the same document that has been prepared in cooperation with all member
agencies of the Authority and referred to you on July 24, 1987 for your
review and comment prior to the final action by the Authority.
The revisions are expected to be approved by the Board of Supervisors in
the very near future and referred to your jurisdiction for approval and
signature.
The changes proposed are an important step to the continuing and
successful cooperative efforts of the member agencies to address
coordinating and waste management programs in Alameda County.
The development of these revisions have been accomplished with
assistance from and the coordination with the Authority member agency staff
and counsel. Your jurisdiction may wish to review these documents pending
their formal transmittal for your approval following execution by the Board
of Supervisors.
The Authority appreciates your early attention to this matter after the
County Board of Supervisors has executed the Agreement and transmitted it to
you for your action.
Please feel free to contact me, Bill Fraley or Clem Shute with any
questions.
Very truly yours,
KM/WHF/jpb Ke Mercer
Encl. President
cc: Board of Supervisors
Clem Shute
City/District Managers -.,_,
Eric Chambliss
1392S
,:/�9_AM EDA CCPJ NTY soi m WASTE MA AGEMENT AUTHORITY
399 Elmhurst Street, Hayward,California 94544
(415) 670-5400
September 30, 1987
Chairman Ed Campbell
Alameda County Board of Supervisors
Administration Building
Oakland, CA
Dear Supervisor Campbell:
Attached is a copy of the Joint Exercise of Powers Agreement for Waste
Management and a copy of Amendment to Joint Exercise of Powers Agreement for
Solid Waste Management.
The Alameda County Solid Waste Management Authority approved the Joint
Exercise of Powers Agreement for Waste Management and is submitting it for the
review and execution of your Board. After your Board has authorized its
execution, it should be transmitted to each of the named cities and special .
districts for their signatures.
This copy is virtually in the form and content of the draft the Authority
referred to you and other member agencies and staff on July 24, 1987.
The amendment to the Joint Powers Agreement for Solid Waste Management is
necessary to terminate the present JPA and transfer the assets and obligations
to the new Authority.
Both documents must be executed concurrently by the Board and participating
agencies.
The creation of the new Authority and dissolution of the current Authority
will occur when two-thirds of the member agencies of the current Authority
have executed the amendment and new JPA.
The main points in the new JPA are as follows:
1. The name of the Authority is changed to eliminate reference only to
"solid" waste.
2. Empowers the Authority to prepare and adopt the County Hazardous
Waste Management Plan authorized by the State statutes.
3. Absorbs the assets and liabilities of the present Authority to the
new Authority.
Chairman Ed Campbell
September 30, 1987
Page 2
4. Provides the structure and appointing powers for the members of the
. Hazardous Waste Management Plan Advisory Committee.
5. Precludes the new Authority using the provisions of the Health and
Safety Code Section 25173.5 concerning certain taxing powers relating
to hazardous wastes.
6. Clarifies procedures for joining or terminating membership on the
Authority.
7. Retains the present member agency voting structure on the Authority.
There have been a few non-substantive changes to reflect the Authority
practice or statutory changes since the Authority was created.
The Authority has coordinated the development of this Agreement with the
member participating agencies. We believe the revisions are necessary to
continue the successful operation of the Authority consistent with State
statues and need of the County.
The Authority recommends your Board approve and execute both documents and
submit them to each of the member agencies for signature.
The Amendment to the Joint Exercise of Powers Agreement for Solid Waste
Management has been prepared to authorize the transfer of all assets and
obligations to the new Authority. The September 24, 1987 letter from E.
Clement Shute, Authority counsel, explains the action necessary to dissolve
the present JPA following the creation of the new JPA.
The early consideration of this matter by your Board is necessary for the
Authority to proceed confidently on the preparation and adoption of the
Hazardous Waste Management Plan and the other programs to which the Authority
has committed during the present fiscal year.
Please contact me, Bill Fraley, or Clem Shute with any questions.
Very trul yours,
KM/WHF/jpb Ke Mercek
Encls. President
cc: Board Members
Clem Shute
Eric Chambliss
SWMA Members & Alternates
1391S
' SHUTE, MIHALY,8 WEINBERGER
�. ATTORNEYS AT LAW
E.CLEMENT SHUTE, JR. 396 MAYES STREET TERRELL J.WATT,AICP
MARK 1.WEINBERGER SAN FRANCISCO. CALIFORNIA 94102 URBAN PLANNER
MARC B.MIHALY, P.C. : (415) 552-7272
ALLETTA D A.BELIN LAURIE E.KER.MISH
FRAM M. 1AY70N ,' ENv1RONMENTAL FELLOW
RACHEL B. HOOPER
September 24, 1987
TO: Member Agencies
FROM: E. Clement Shute, Jr.
Authority Counsel
RE: Amendment to Joint Exercise of Powers
Agreement for Solid Waste Management
Enclosed is a copy of the proposed Amendment to
Joint Exercise of Powers Agreement for Solid Waste
Management.' Its primary purpose is to terminate the present
'Joint Powers Agreement (and terminate the Alameda County
Solid Waste Management Authority) in order to allow the new
Alameda County Waste Management Agency to come into being.
Previously a copy of the proposed Joint Exercise
of Powers Agreement for Waste Management was forwarded to
you together with an analysis of its provisions. . On
September 23, 1987 the Authority approved this document as
drafted and directed that it be forwarded to the Board of
Supervisors for consideration and execution. In order to
properly accomplish the transfer from the present Alameda
County Solid Waste Management Authority to the new Alameda
County Waste Management Authority, it will be necessary for
member agencies to execute both documents.
The enclosed amendment to the existing Joint
Powers Agreement has three basic provisions:
(1) It would amend the present Joint Powers
Agreement to provide that the Authority's assets and
funds be transferred to the new agency. The present
provision of the Joint Powers Agreement calls for
returning funds to member agencies in proportion to
their contribution.
(2) The Amendment terminates the Joint Exercise
of Powers Agreement for Solid Waste and therefore
- Member Agencies l
September 24 , 1987
Page 2 :
terminates the Alameda County Solid Waste Management'
Authority.
(3) The Amendment would take effect when
two-thirds of the governing bodies of the mber
agencies approve the amendment.
E. CLEMENT S UTE, JR.
ECS:ad
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