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HomeMy WebLinkAboutItem 8.1 Amend Waste Mgmt JPA (2) 600-30 CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 12, 1990 SUBJECT: Amendment to Waste Management Authority Joint ,Powers Agreement (Prepared by: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: o Resolution o Proposed Joint Powers Agreement o Letter dated January 5, 1990 from Ayn Wieskamp, President of Waste Management Authority o Memorandum from Authority Legal Counsel Outlining Revisions to the JPA o Memorandum dated 2/28/90 from Authority President which includes: Waste Management Authority Resolution adopted February 28, 1990 RE: Review of Funding and Planning Issues RECOMMENDATION Adopt Resolution which approves the amended JPA. FINANCIAL STATEMENT: No direct cost is assessed for the City's membership. However, the Authority has the ability to levy fees on solid waste operators. These fees are typically passed on to the consumer through the garbage collection rates. In addition, the costs associated with Staff time participating in the TAC review will be incurred. DESCRIPTION: The State Legislature has passed AB939 (California Integrated Waste Management Act of 1989) . This law was signed by the Governor and took effect on January 1 , 1990. The law substantially alters the regional waste planning process. In 1987, The City Council approved the current Waste Management Authority Joint Powers Agreement (JPA) . The document dissolved the former Solid Waste Management Authority and established the current entity which has responsibility to plan for both solid waste and hazardous waste. The change in 1987 had been made in response to a State mandate for the agency to oversee hazardous waste planning. The attached memorandum by Mr. Shute, the Authority legal counsel, identifies the changes which are proposed. Mr. Shute follows the discussion of the changes with a brief explanation as to why the changes are included. Proposed Agreement AB939 modifies further the responsibilities of the Authority. The legislation is the subject of clean-up legislation in the State Legislature due to certain inconsistencies. The primary focus of the proposed JPA amendments is to incorporate the Integrated Waste Management Process identified in AB939. The agreement also states that the existing Waste Management Plan would stay in place until such time as the Integrated Plan is prepared and approved by the State Board. The second area which is changed addresses the need to prepare source reduction and recycling elements to the plan. AB939 requires that each City prepare this document either individually or in conjunction with other agencies. The language in the proposed JPA states that the ----------------------------7----------------------------------------- COPIES TO: ITEM NO. I Authority would prepare a "baseline" document. The City would reserve the right to ". . . add policies and programs tailored more specifically to that City's needs or designed to be more effective in accomplishing source reduction and recycling of solid waste." (page 4, section 5) The City would be required to submit proposed changes or revisions to the Authority for comment, prior to adoption by the City. It is unclear as to the impact that this requirement will have when it is implemented. For example, if the "baseline" plan was not responsive to the local community, could the Authority force the agency to accept the element. The text of the agreement addresses the addition of "policies and programs." It does not identify the deletion of requirements included by the Authority, which a local agency may deem as unnecessary in order to meet the requirements of the statute. The legislation includes a penalty for agencies which do not meet the mandated reductions in the waste stream. AB939 requires a reduction of 25% by 1995 and 50% by the year 2000. If the City does not meet these requirements, the State Integrated Waste Management Board is authorized to levy fines of $10, 000 per day. Although the proposed JPA would give the Authority responsibility for preparing the Source Reduction and Recycling Element, the City continues to have the responsibility for assuring that the statutory goals are reached. It is Staff's position that given the significant liability to the City if it does not meet the requirements of AB939, that the Authority must provide significant control and input by the local agency. This would include the flexibility to develop a plan which uniquely represents the local community. In addition, the City must have access to reliable resources which can be used to implement policies necessary to obtain the reductions mandated by AB939. The third item addressed in the amended JPA is the ability to continue to levy fees upon solid waste operators. AB939 repealed the current authorization to levy these fees after January 1 , 1990. This change will continue to provide a source of funding for the preparation of the County Waste Management Plan. The next change noted also relates to the imposition of fees. AB939 authorizes cities and counties to impose fees in order to pay the cost of preparing, adopting, and implementing the Countywide Integrated Waste Management Plan and its Elements. The proposed JPA would explicitly grant this duty to the Authority and not the cities and County. The proposed JPA states that the Authority, and not the local agency, will levy these fees. (page 20, section 15c) This means that if the City desired to undertake a major revision to the Source Reduction Recycling Element, it would not have the authority to levy a fee to cover the cost of preparation. Further, if the City found it necessary to impose a fee to implement the Element, it would have relinquished this right to the Authority. The Authority believed that Cities would retain control of funding sources through the rate structure. However, this scenario assumes that the garbage company would agree to collect fees which may not relate to their services. The garbage company has the right to deny access to the billing system to collect fees for services they are not providing. The Authority's control of these fees may also allow garbage rates to be affected by an external body (Waste Management Authority) which is not elected to represent the local community. In fact, the structure of the Authority Board voting rights favors the City of Oakland and Alameda County, in any actions taken by the Authority. 1 Review of Funding and Planning Issues The Alameda County City Management Association conducted a joint meeting with the Waste Managment Authority, to discuss the proposed JPA. The City Management Association consists of the County Administrator and the City Manager or City Administrator for each City in the County. Many of the issues raised in the previous section were also considered concerns by other agencies. The Authority legal counsel has clearly stated the need to have a mechanism in place in order to legitimately collect fees levied under the old plan. In addition, the new law establishes specific time lines for undertaking the planning process. Therefore, all parties agreed that it is important to have a revised JPA in place as soon as possible. In order to address the needs of both parties, the Authority has adopted a resolution which identifies a need for further review of funding and planning issues. A copy of this resolution is attached to the Staff report. The resolution establishes a process in which the Alameda County City Management Association would develop a Technical Advisory Committee (TAC) . Each agency would assign one staff member to the TAC. The TAC would review the JPA in terms of key issues including: fee equity, distribution, amount, and method of local funding; local control and flexibility; financial and program liability; definition of "base line" as it relates to waste stream reduction goals; and any other pertinent issues. The TAC is to proceed in a timely fashion and the Authority has agreed that if funds are requested to complete the review, that the Authority they will expedite any action on the request. As stated in the February 28, 1990 memorandum from Ms. Any Wieskamp, President of the Waste Management Authority; it is anticipated that the TAC review process will lead to the clarification and revision of the Joint Powers Agreement. However, due to the need to have an interim policy in place which complys with State Law, they have requested that the City approve the JPA. The proposed JPA has already been approved by the Alameda County Board of Supervisors. The Board included a minor amendment which defines "Enforcement Agency" and this has been included in the proposed agreement. Staff must note that although the resolution indicates that review of the JPA will occur, there is no requirement for the Waste Management Authority to act upon any proposals which are recommended. It is anticipated that any recommendations will represent input from each of the member agencies and, therefore, the Board members will act to represent the interest of all members of the Authority. Councilmember Snyder is the City's representative on the Authority and will be available to answer additional questions. Staff recommends that the City Council adopt of the resolution which approves an amended Waste Management Authority Joint Powers Agreement. f RESOLUTION NO. - 90 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE ADOPTION OF A JOINT EXERCISE OF POWERS AGREEMENT FOR WASTE MANAGEMENT WHEREAS, in 1987 the City of Dublin approved the Joint Powers Agreement (JPA) , which created the Alameda County Waste Management Authority; and WHEREAS, the State Legislature has substantially revised the responsibilities of the Authority through the adoption of AB939; and WHEREAS, in order to proceed with the implementation of the provisions of AB939, a revised JPA is necessary; and WHEREAS, the Alameda County Board of Supervisors has approved the Agreement with an amendment defining the "Enforcement Agency; " and WHEREAS, the Alameda County Waste Management Authority has approved a Resolution related to the "Review of Funding and Planning Issues Concerning Integrated Waste Management. " NOW, THEREFORE, BE IT RESOLVED that the City ,Council of the City of Dublin does hereby approve and authorize the Mayor to execute the proposed Agreement, attached hereto and by reference made apart hereof. Further, the approved agreement shall include Amendment A which defines "Enforcement Agency" and is attached hereto. BE IT FURTHER RESOLVED, that the City Council has approved this agreement in its current form in order to allow the Authority to proceed with Integrated Waste Management Planning, however, the policies and agreement may be amended at a future date as a result of the Alameda County City Management Association Technical Advisory Committee review. PASSED, APPROVED AND ADOPTED this th day of , 1990 . AYES: NOES: ABSENT: Mayor ATTEST: City Clerk a JOINT EXERCISE OF POWERS AGREEMENT FOR WASTE MANAGEMENT This Agreement is entered into and becomes effective this day of , 1990, by and between the undersigned public agencies, all of said parties referred to collectively as the "Agencies" ; WITNESSETH: A. Solid Waste Management 1. Until January 1, 1990 Government Code section 66780 et seq. had required 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 prior versions of this Joint Exercise of Powers Agreement for Waste Management ("JPA") had been 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 as mandated by then existing Government Code section 66780 et seq. 2 . In this regard, the Alameda County Solid Waste Management Plan has been adopted, revised and amended from 1. f 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. On October 27, 1987 the JPA was amended to create, among other things, the Alameda County Waste Management Authority ("Authority") , which was empowered to engage in hazardous waste planning as well as solid waste planning. By its signature on the October 27, 1987 Joint Powers Agreement for Waste Management, Alameda County delegated the power, duty, and responsibility to prepare, adopt, revise, amend, administer and enforce the Alameda County Solid Waste Management Plan. In the event that Government Code section 66780 et seq. is re-enacted in any manner, whether by enactment of additions to the Government Code or other code or in uncodified sections, by its signature hereon, Alameda County continues the delegation enumerated above in regard to the Alameda County Solid Waste Management Plan. 3 . Notwithstanding the repeal of Government Code section 66780 et seq. the Agencies, including Alameda County, hereby exercise their shared power to engage in planning and regulation of solid waste by delegating to the 2 . i Authority the power to prepare, adopt, revise, amend, administer and enforce the Alameda County Solid Waste Management Plan which has previously been adopted by the Authority, approved by a majority of cities in the County having a majority of the population in the incorporated areas of the County, and approved by the California Waste Management Board. This delegation shall continue until approval of the Alameda County Integrated Waste Management Plan by all necessary public agencies specifically including the California Integrated Waste Management Board pursuant to the provisions of Public Resources Code section 40900 et seq. as those sections exist or as they may be amended from time to time. In this regard, the Agencies intend and do adopt the requirement that any amendment of the Alameda County Solid Waste Management Plan shall become effective only after approval by a majority of the cities in the County containing a majority of the population of the incorporated areas of the County. 4 . Public Resources Code section 40900, part of AB 939 (Statutes of 1989, chapter 1095) , became effective January 1, 1990 and requires preparation of countywide integrated waste management plans. A purpose of this JPA is to create a city, county, special district waste management authority responsible for and capable of preparation, adoption, revision, amendment, administration, policy- 3 . making, budgetary, planning and enforcement of the Alameda County Integrated Waste Management Plan. By their signatures hereon, Alameda County and each city delegates the power, duty and responsibility to prepare, adopt, revise, amend, administer and enforce the Alameda County Integrated Waste Management Plan pursuant to Public Resources Code section 40900 et seq. as those sections exist and as they may be amended from time to time. This JPA shall be considered a Memorandum of Understanding for the purpose of the delegation from the County and the cities to the Authority of the power to prepare the Alameda County Integrated Waste Management Plan. 5. As regards the Alameda County Integrated Waste Management Plan, the Agencies intend and require that the city source reduction and recycling elements required by Public Resources Code section 41000 et seq. , as those sections exist and as they may be amended from time to time, shall be prepared and amended from time to time by the Authority. However, any city may elect to treat the city source reduction and recycling element prepared by the Authority for that city as a baseline plan to which a city may add policies and programs tailored more specifically to that city's needs or designed to be more effective in accomplishing source reduction and recycling of solid waste. If a city exercises this option, that city shall coordinate 4 . with the Authority in the preparation and adoption of any additions or changes in the source reduction and recycling component prepared by the Authority for use by that city. To allow cities to have adequate time to make revisions or changes in any city source reduction or recycling component prepared by the Authority, the Authority shall make such component available to cities sufficiently in advance of the time that a city source reduction and recycling element or countywide integrated waste management plan is required by law to be submitted to the California Integrated Waste Management Board so that cities will have an opportunity to make revisions or changes as authorized by this paragraph. If a city does not exercise the option to make revisions or changes in the city source reduction and recycling element prepared for it by the Authority, or if a city exercises the option at a time when it is impractical to meet deadlines specified by law for submitting such components or countywide integrated waste management plans to the California Integrated Waste Management Board, then the Authority shall submit the city source reduction and recycling component prepared by the Authority to the California Integrated Waste Management Board as the city source reduction and recycling component for all cities (except those cities which have prepared changes or revisions in compliance with this paragraph) . If a city 5. exercises the option specified in this paragraph, that city shall submit any proposed changes or revisions in the city source reduction and recycling component to the Authority for comment prior to adoption by the city. Nothing in this JPA shall be construed to render the Authority responsible for compliance with Public Resources Code section 41780 as that section exists or as it 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 6. 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. Public Resources Code section 41823 authorizes a city or county to enter into a memorandum of understanding with another city or county or agency formed under a joint exercise of powers agreement for the purpose of preparing and implementing source reduction and recycling elements or a countywide integrated waste management plan. It is the intent of the contracting Agencies to utilize these statutory authorizations in this Agreement. NOW, THEREFORE, the Agencies agree as follows: 1. OBJECTIVE The purposes of this Agreement are to provide a means of preparing, adopting, revising, amending, administering and enforcing the Alameda County Solid Waste Management Plan (on an interim basis as specified in paragraphs A2 and A3) , the Alameda County Integrated Waste Management Plan and the Alameda County Hazardous Waste Management Plan. 7. 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 1990. 4 . CREATION OF ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY. There is hereby created the Alameda County. Waste Management 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 8. 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 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 Authority is the identified agency for hazardous waste planning in Alameda County. 9. 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 as specified in paragraphs A2 and A3, the Alameda County Integrated 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 as specified in paragraphs A2 and A3 and the Alameda County Integrated 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; 10. 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; 11. 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; o. 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. 12 . 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. A majority vote of those present and voting shall be required for any other action. 13 . 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. 14. 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 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; 15. 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 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 16. 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. 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. 17. 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 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, 18. 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. The previous JPA provided that the Authority could levy the fee authorized by then existing Government Code section 66784 . 3 to defray the cost of preparing, maintaining and administering the Alameda County Solid Waste Management Plan. The Agencies are desirous of continuing the authorization to levy a fee for the purpose of defraying the cost of preparing, maintaining and administering the Alameda County Solid Waste Management Plan until such time as an Alameda County Integrated Waste Management Plan is approved by the California Integrated Waste Management Board. Therefore, by their signatures hereon, the Agencies delegate to the Authority the power to levy such a fee upon 19. solid waste operators in the County for the purpose of defraying the cost of preparing, maintaining and administering the Alameda County Solid Waste Management Plan until such time as it is superseded by an approved Alameda County Integrated Waste Management Plan. Alameda County understands and agrees that the Authority and not the County may levy the fee authorized by this provision. C. The Agencies understand and agree that the Authority and not the Agencies may levy the fee authorized by Public Resources Code sections 41901 and 41902 as those sections exist or as they may be amended from time to time. d. The Agencies understand and agree that the Authority and not the Agencies may assess special fees of a reasonable amount on the importation of waste from outside of the County pursuant to Public Resources Code section 41903 as that section exists or 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. 20. 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 signatures are listed below or attached hereto. Dated: County of Alameda By City of Alameda Dated: By Dated: City of Albany By Dated: City of Berkeley By Dated: City of Dublin By 21. 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 By 22 . Dated: City of Piedmont By Dated: City of Pleasanton By Dated: City of San Leandro By Dated: City of Union City By Dated: Castro Valley Sanitary District By Dated: Oro Loma Sanitary District By agent/acwQ.ad 23 . AMENDMENT A TO JOINT EXERCISE OF POWERS AGREEMENT FOR WASTE MANAGEMENT Section C - Joint Exercise of Powers (Subsection 2 - Definitions) shall be amended to include the following: d. "Enforcement Agency" shall mean that the Alameda County Department of Environmental Health is the enforcement agency for hazardous wastes for the entire County and it is the enforcement agency for solid wastes for the entire County except for the City of Berkeley. " ALAM EDA COUNTY VAST>t MANAGEMF-NT AUTHORITY 399 Elmhurst Street, Hayward, California 94544 (415) 670-5400 January 5, 1990 RECEIVED JAN 0 81990 CITY OF DUBLIN Mayor Paul Moffatt City of Dublin P. 0. Box 2340 Dublin, CA 94568 Dear Mayor Moffatt: Enclosed is a proposed amended Joint Powers Agreement for Waste Management which is necessitated by the enactment of AB 939 (Statutes of 1989, ch. 1095) which becomes effective on January 1, 1990. As you are probably aware, this statute repeals prior state law concerning solid waste planning and enacts entirely new legislation with different requirements for solid waste planning in the future. The changes in the JPA are explained in the attached memorandum dated December 14, 1989 to the Authority from its counsel. The changes relate only to both portions of the JPA involving solid waste planning. In all other respects, the JPA is unchanged. In addition to the changes described in counsel's memorandum, it should be noted that the revisions do not preclude a group of cities from cooperating in changes or revisions to the city source reduction and recycling component prepared by the Authority (paragraph A5) or in implementing city source reduction and recycling components. On December 20, 1989 the Authority approved the revisions to the JPA for submission to member agencies. The Authority requests action at your earliest convenience in order to provide continuity for solid waste planning in Alameda County. As pointed out above, the law with which the Authority had operated with respect to solid waste is repealed as of January 1, 1990, and it is appropriate to commence activities under the new statutory authorization as soon as possible. Approval of the revision is not subject to the California Environmental Quality Act. 15 Cal. Code of Regs. 15320. Please contact Bill Fraley at 670-5400 with any questions or assistance from the Authority. Very truly yours, AW/WHF/jpb Ayn Wieskamp cc: Agency Managers ✓ President WMA Members & Alternates Clem Shute 25385 1 . SHUTE, MIHALY 8 WEINBERGER ATTORNEYS AT LAW E.CLEMENT SHUTE.JR. 396 HAYES STREET LAUREL L. IMPETT MARK 1.WEINBERGER URBAN PLINNEA MARC B.MIHALY. P.C. SAN FRANCISCO, CALIFORNIA 9a102 ALLETTA VA- BELIN TELEPHONE: (415) 552-7272 TAMARA S. .GALA ITE TAMARA S.GALANTER FRAN M. LAYTON TELECOPIER: (415) 552-5816 ROBERT WARD RACHEL B. HOOPER ENVIRONMENTAL FELLOWS ELLEN J.C.ARBER December 14 , 1989 TO: Alameda County Waste Management Authority FROM: E. Clement Shute, Jr. Authority Counsel RE: Revisions in Joint Powers Agreement for Waste Management Enclosed with this memorandum are proposed revisions to the Joint Powers Agreement for Waste Management. As has been discussed, these proposed changes are necessitated by AB 939 which will become effective on January 1, 1990. The revisions would be as follows: 1. The Authority shall continue to maintain and administer the Alameda County Solid Waste Management Plan until the Alameda County Integrated Waste Management Plan is approved by the California Integrated Waste Management Board. 2 . The Authority shall prepare the Alameda County Integrated Waste Management Plan, including the city source reduction and recycling components. However, any city may elect to use the city source reduction and recycling component prepared by the Authority for use by that city as a baseline plan to which the city may make revisions or changes to make the plan more specific to the city's needs or to make the plan more effective in accomplishing source reduction and recycling. 3 . The Authority may continue to levy fees upon solid waste operators for preparation, maintenance and administration of the Alameda County Solid Waste Management Plan until approval of the Alameda County Integrated Waste Management Plan by the California Integrated Waste Management Board. Alameda County Waste Management Authority December 14, 1989 Page 2 4 . The Authority (and not the cities or the county) would be empowered to levy the fee authorized by AB 939 to defray the cost of preparing, administering and implementing the Alameda County Integrated Waste Management Plan. 5. The Authority (and not the cities or the county) would have the power to levy a special fee of a reasonable amount on the importation of solid waste from outside of the county. In all other respects the Joint Powers Agreement remains the same. That is, no changes are made with respect to preparation of the Alameda County Hazardous Waste Management Plan, and no changes are made with respect to membership, weight of voting or procedures for handling funds, etc. The particular reasons for the proposed changes are as follows: 1. AB 939 repeals all of the sections dealing with county solid waste management plans as of January 1, 1990. Unless the existing Alameda County Solid Waste Management Plan is continued as the planning document for solid waste in the County, pending approval of the new Alameda County Integrated Waste Management Plan, there will be a hiatus during which time there would be no planning policy for solid waste in the County. It was the sense of the Authority to continue administration of the Alameda County Solid Waste Management Plan to avoid this vacuum. ---- 2 . AB 939 calls for the preparation of integrated waste management plans. The proposed change would authorize the Authority to prepare this plan for Alameda County including the city source reduction and recycling components. Based on the recommendation of the Executive and Program and Budget committees, the proposed revision would allow any city to make changes or revisions in the city source reduction and recycling component which would be applicable to that city in order to tailor the plan to the needs of that city or to enable the city to adopt policies and programs to more effectively accomplish source reduction and recycling. 3 . The proposed revision would allow the Authority to continue to levy the current fee on solid waste operators to defray the cost of preparing the Alameda County Alameda County Waste Management Authority December 14, 1989 Page 3 Solid Waste Management Plan. The state authorization for such a fee is repealed as of January 1, 1990. The proposed revision would allow the Authority, based on the shared powers of the signatory agencies, to levy such a fee until adoption and approval of the Alameda County Integrated Waste Management Plan. This would continue the Authority's source of funding for preparing and maintaining the Alameda County Solid Waste Management Plan. 4 . The proposed revision would allow the Authority to levy the fee authorized by AB 939 to defray the cost of preparing and implementing the Alameda County Integrated Waste Management Plan. The current Joint Powers Agreement gives the Authority this prerogative as to the existing Alameda County Solid Waste Management Plan. The proposed revision would continue the prerogative of the Authority (and not the cities or the county) to levy the fee for preparation and implementation of the new plan. 5. AB 939 contains a provision which expressly authorizes a special fee of a reasonable amount to be imposed on the importation of solid waste from outside the county. The statute is apparently a codification of the Authority's practice of imposing mitigation fees on the import of solid waste. The proposed revision would simply continue the Authority's policies and practice An this regard. E. CLEMENT CHUTE, JR. ECS:ad awmal,mem/awma.ad • PARR, 05 '90 11:12 RLRNEDr 'UNTY PLNG DEPT P.3/5 ALAMEDA COUNTY vASTE MANAGF-MlENT AUTHORITY 399 Elmhurst Street, Hayward,California 94544 (415) 670-5400 February 28, 1990 T0: Each Governing Board of Member Agencies Enclosed is a copy of the amendments to the Alameda County Waste Management Authority Joint Exercise of Powers Agreement which has been executed by the Alameda County Board of Supervisors. The Authority urges each member agency to execute the agreement as soon as possible to assure that the waste management programs mandated beginning January 1, 1990 by state statutes can proceed on a firm legal basis. A number of issues have been raised concerning the policies and procedures to be used by the Authority and the member agencies in fulfilling our respective obligations cooperatively. The Authority has adopted the attached Resolution which commits to a process that will lead to the clarification and revision to the Joint Powers Agreement. The time to address and resolve any revision is such that the efforts of the Authority in complying with the state statutes could be questioned legally or delayed sufficient to preclude compliance with the time schedule prescribed in the statute. The Authority urges your immediate approval of the enclosed amendments and based on the program contained in the attached Resolution. The member Agency Managers' Technical Advisory Committee has participated in the development of the Resolution and will serve an active . role in developing the solutions to the remaining issues. Very truly yours, AW/WHF/jpb Ayu Wieskamp cc: Agency Members President Agency Managers 2644S NAR 05 '93 11: 16 ALAI'IEL JUNTY PLNG DEPT P.4%5 ALAMUA COUNTY WASTE MANAGEMENT AUTHORITY RESOLUTION NO. AT MEETING OF FEBRUARY 28, 1990 MOVED BY WILSON RILES, JR. SECONDED BY KATY FOULKES REVIEW FUNDING AND PLANNING ISSUES CONCERNING INTEGRATED WASTE MANAGEMENT WHEREAS the Alameda County Board of Supervisors has approved an amendment to the Authority Joint Exercise of Powers Agreement to delegate the powers of the Board of Supervisors provided in the California Integrated Waste Management Act of 1989 (AB 939-1989) concerning solid waste management; and WHEREAS this Authority, after consultation with representatives of its member agencies, has concluded that certain issues concerning exercise of the stated powers need further analysis in order to fulfill the obligations of the Authority, and WHEREAS it is imperative that programs of the Authority continue on firm legal authority, and WHEREAS the JPA approved by the Board of Supervisors provides sufficient authority to begin the planning required by AB 939 without adverse effect on efforts to review and reconcile certain funding and planning issues, NOW THEREFORE BE IT RESOLVED that this Authority does hereby direct the following: 1. Endorse the Joint Pourers Agreement adopted by the Alameda County Board of Supervisors on February 13, 1990 and request each member agency to give immediate approval to that Agreement. 2. The Authority Agency Managers' Technical Advisory Committee (Alameda County-City Management Association) be requested to analyze and prepare a report and recommendation to clarify any elements in the Joint Powers Agreement necessary to implement the following: a. A system for equitable calculation, approval and distribution of funds to permit the Authority and its member agencies to complete their obligations under the JPA with respect to preparation and implementation of county and city source reduction and recycling elements. b. Clarification of legal liability for implementation of state mandated programs for solid waste management. rIAR 05 '90 11:19 ALANED AUNTY PLNG DEPT P.5i5 Resolution No. Page 2 C. Clarify or recommend additions in the JPA for any definitions for specific activities, including, but not limited to, the "baseline plan" specified in paragraph A.5, of the JPA which would be prepared by the Authority. d. Each agency manager will designate an agency staff member who will serve on a technical committee for all activities concerning the development, preparation, adoption and implementation of the County Integrated Waste Management Plan and its elements, including assistance to the Agency Managers' TAC, on other matters specified in this Resolution. e. The Agency Managers' TAC will develop a schedule for reporting to the Authority on the results of its efforts. The Authority urges the TAC to make its recommendations as expeditiously as possible. f. This Authority recognizes that specific funds may be necessary to accomplish the above tasks and will expedite action to provide funding from existing resources when requested by the Agency Managers' TAC. 2638S