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HomeMy WebLinkAboutReso 095-87 JPA AlaCoWasteMng RESOLUTION NO.95 - 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 TEE 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: Councilmembers Hegarty, Moffatt, Snyder Vonheeder, and Mayor Jeffery NOES: None ABSENT: None City JOINT EXERCISE OF POWERS AGREEMENT FOR WASTE MANAGEMENT This Agreement is entered to and becomes effective this 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. 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 Authorit9, anlagency 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 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 ks the intent of the contracting Agencies to utilize this statutory authorization An 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 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. 'Soard" 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. ~Alam~da 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 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. 5. 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 ~bligations 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 re~ested 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 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 ~nto 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 At deems necessary~ d. to make plans and conduct studless 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~ 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~ n. to appoint four members'to the advisory committee required by ~ealth 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. o. to rebommend, 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. b. Members. The Board shall consist of one member of the governing body o[ 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 As selected. Each member and alternate shall serv~ at the pleasure of the governing body of the appointing agency. Any change An 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. 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. ( 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 her,under 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 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 ~ursuant 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 Board of Control all receipts and disbursements. 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. =f 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. 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 Mounts to be transferred to membe~ 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 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 1st 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 facikities 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 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'WHEREOF, each Agency has executed approval of this Agreement and filed said approval with the : Clerk of the County of Alameda and said sAgnatures are listed below or attached hereto. By I hereby certify under penalty of perjury that the Chairman of the Board of Supervisors was duly authorized to execute this document on behalf of the County of Alameda by a majority vote of the Board on OCT that a copy has been delivered to the Chairman as provided by Government Code Section 25103.riOT 27 t987 Dated: WILLIAM MEHRWEIN, Clerk, Board of Supervisors 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 Livemore By Dated: City of Newark By Dated: City of Oakland 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 168/ecsl 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, 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 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 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