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Item 8.5 Waste Mgmt JPA (2)
CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: December 9, 1991 SUBJECT: Proposed Draft Joint Exercise of Powers Agreement (JPA) for Waste Management Prepared by: Paul S. Rankin, Assistant City Manager) EXHIBITS ATTACHED: A: 10th Draft JPA. B: Letter Outlining Technical Modifications. C: Public Resources Code Identifying Responsibility of Local Task Force. D: Letter from State Integrated Waste Management Board dated October 1990. E: Health & Safety Code Excerpt Identifying Hazardous Waste Advisory Committee F: Health & Safety Code Excerpt Regarding Tax or Fees Levied on Hazardous Waste Facility RECOMMENDATION: Review proposed draft agreement and provide input. FINANCIAL STATEMENT: Fees levied as a result of the Waste Management Authority are ultimately paid for through increased garbage rates. DESCRIPTION: At the City Council meeting of March 12, 1990, the City Council adopted Resolution No 25-90 approving an amended Joint Powers Agreement for Waste Management. The modified agreement was intended to address changes required by the implementation of AB 939. All parties recognized the need to legitimately collect fees levied under previous legislation and to proceed with AB 939 planning. However, several issues remained unresolved and the agencies raised specific concerns with the proposed agreement. As a result of these concerns, the Waste Management Authority adopted a resolution committing to Review Funding and Planning Issues Concerning Integrated Waste Management. The resolution also provided that the Authority would consider amendments to the JPA to address the concerns of the member agencies. The Authority Executive Committee has begun a process of preparing recommended amendments to the JPA. In a letter dated November 22, 1991, the Executive Director circulated a Draft Agreement (Exhibit A) for review by the participating agencies. The attached Draft JPA identifies changes from the document previously adopted by the City. Staff has provided the Authority with general comments which address the format and suggested wording changes. (Exhibit B) Authority Staff have indicated that most of the recommended changes will be incorporated. City Staff does not currently believe that any of the areas not addressed present major policy issues. The JPA identifies a structure under which the County, each City in the County, and sanitary districts responsible for garbage collection franchises can jointly address waste management issues. The Authority oversees planning for solid waste activities, as well as hazardous waste planning. General Changes The following discussion identifies changes included in the Draft JPA which do not appear to have significant policy implications. (a) Throughout the document, the authorization for the Authority to implement projects, programs -and policies found in the County Integrated Waste Management Plan have been added. The joint provision of programs can present the members with a scale of economy savings, as well as a more efficient and coordinated approach to waste management issues. (b) Language in Sections A4 and A5 has been clarified to identify that the JPA does not limit the local entities authority to undertake its own Source Reduction Recycling Element (SRRE) preparation and implementation. This is an important change and addresses a major ---------------------------------------------------------------------- COPIES TO: Thomas Martinsen, ITEM NO. ♦ ACWMA Exec ive Director CITY CLERK FILE 8 0 concern raised by local entities. The previous JPA placed the primary planning responsibility with the Authority, while the City continued to be responsible for any penalties assessed if the City did not meet the State mandated goals. (c) In Section 5 "Powers," several changes were made to reflect the current personnel structure of the Authority. The Authority has hired in-house Staff and will be performing work with their Staff. This is also the basis for changes in Section 9 "Funds, Audit and Accounting Services" (Pg. 14-16) (d) Subsection (i) page 10 provides the ability to acquire property through eminent domain proceedings. This may be required, if the Authority becomes the lead entity in the construction of waste management facilities. (e) On pages 20 and 21 substantial language was added to clarify that the local agencies retain the authority to levy local fees for implementation of local programs and facilities. Further, the amended language clearly identifies that the local agency sets the local collection fees. The proposed language would allow a subregion of the Authority to jointly levy fees for a specific project. These changes address a primary area of concern with the previous version of the JPA. That document relinquished all fee authority from the local agency to the Authority. Under the amended JPA, the Authority retains the authorization to levy fees for countywide purposes. Proposed Modifications Which May Reflect Policy Concerns Staff has identified four areas in the Draft JPA, which may continue to represent a policy concern for the City of Dublin. It would be appropriate for the City Council to review these areas and provide input and direction on the desired language to be included in the final JPA. (1) Appointment of "Replacement Members" on the Local Task Force (LTF) jSection 5 (g) , page 101 AB 939 requires that a countywide Local Task Force be appointed. The law also specifies that the membership of the Task Force is to be approved by a majority of the incorporated population and by the County. The amended JPA delegates to the Authority the right to make and confirm "replacement appointments." An exception is provided in the event that a majority of the Agencies determine that the appointment should be confirmed by a majority of the cities with a majority of the population. The exception provision excludes any approval by the County Board of Supervisors. Exhibit C is an excerpt of the language found in Section 40950 of the Public Resources Code. This section identifies the method of appointing the LTF, as well as an outline of the responsibilities of the Task Force. The role of the Task Force includes: identification of regional issues and concerns; determining the need for regional systems, facilities, and strategies; facilitating multi-jurisdictional agreements for marketing recyclable materials; and attempting to address conflicts or inconsistencies between the various cities, Source Reduction and Recycling Elements. This body is also responsible for developing goals, policies, and procedures to guide the development of a countywide siting element. Section 41701 of the Public Resources Code requires that the siting element identify existing disposal facilities, as well as any new areas required to provide at least 15 years of capacity. The Authority Staff is concerned with the lengthy approval process required for the appointment of members to the LTF. The City was advised by the State Integrated Waste Management Board in October of 1990 (Exhibit D) that city and county approval was necessary for the appointment of the LTF and that this right could not be transferred to the Authority. The law does not contain any reference to "replacement appointments." Staff would recommend that the City Council provide direction as to whether they would support the proposed method of replacing members. Although the proposal expedites the appointment process, the City relinquishes its right -2- to approval of the composition of the LTF. This also could potentially affect the balance between the background of LTF members. Currently, the Task Force has members representing different backgrounds i.e. waste management industry, environmental groups, recycling operators, etc. Without local agency review, the Task Force may not reflect the concerns of the community. 2. Hazardous Waste Advisory Committee Section 5 (q) Pages 11 and 12 The revised JPA proposes that the Authority determine the membership on the Hazardous Waste Advisory Committee, identified in Health & Safety Code Section 25135.2 . The current JPA only allows the Authority to appoint four members to this Committee. The proposed language also deletes references to specific representation on the Committee and reduces the size of the Committee from 17 to 12 members. Attached as Exhibit E is the referenced section of the Health and Safety Code. This law is very specific that at least three members who are not city representatives shall represent the following categories: industry, environmental organizations, and the public. Further, this section requires that 3 appointments be made by the City Selection Committee. This Committee is authorized in the Government Code and is constituted by the membership of the Alameda County Mayors Conference. The Mayors Conference policies have typically provided geographical representation throughout the County, when multiple appointments are considered. Staff would recommend that the City Council concur that specific membership of the Hazardous Waste Advisory Committee needs to be reflected as required by Health & Safety Code Section 25135.2 . Staff concurs with the recommendation to reduce the size of the Committee. The City Council may wish to provide additional input on these issues. (3) Authorization for Waste Management Authority to Levy Hazardous Waste Fees Section 13 (a) Page 18 The revised JPA proposes that in certain circumstances the Authority could levy a tax or user fee in accordance with Health & Safety Code, Section 25173.5. A copy of this law is included in Exhibit F. The law allows a city to levy a fee or tax up to 10 percent of annual gross receipts on an offsite hazardous waste facility. In essence a tax on the gross receipts would be similar to a franchise tax. The law states that this revenue must be necessary for the city's duties related to the operation of the specific facility, and emergency response capabilities. This code section relates to specific fees associated with a specific facility and potentially necessary to allow the city to effectively serve the facility. The proposed JPA suggests that the Authority utilize these fees for programs to complement hazardous waste plans and programs. This appears to be inconsistent with the stated legislative purpose for these funds. Staff recommends that the City Council request that the JPA not authorize the Authority to collect fees under the referenced section of the Health & Safety Code. Although such a facility does not currently exist in the City of Dublin, Staff does not believe that it is prudent to relinquish this fee authority. Also, the stated use of the fees by the Waste Management Authority does not appear consistent with State law. Subsection (b) on Page 10 would continue to allow the Authority by separate agreement with an agency to collect certain fees for Hazardous Waste Programs. Staff assumes that the referenced agreement would more clearly identify the extent of use of any such fees by the Authority. (4) Lack of Individual Agency Input and Oversight for the Imposition of Fees by Waste Management Authority In several sections of the JPA, the Authority is authorized to establish and impose fees. In most cases, this results in an impact to the local ratepayer. When the current JPA was presented to the City Council in March of 1990, City Staff noted this potential impact. As stated at that time, the Authority Board is not elected to represent the local community. In fact, the voting structure favors the County and the City of Oakland in any actions taken by the Authority. The City does have input as a result of one -3- Councilmember serving on the Board of Directors. Also, Section 7 (d) , page 13 of the proposed JPA requires a 2/3 majority for the adoption of a resolution or ordinance. It is anticipated that actions imposing fees would fall into this category. The Authority's administrative fees have been collected through tipping fees levied at the landfill. These fees cover the Authority's ongoing operation. In the past, the Authority has adjusted these fees as deemed appropriate throughout the year. This adversely affects the garbage rate setting process since fees can be imposed after rates have already been calculated. It would be desirable to have the Authority consider rate adjustments, with adequate time for cities to incorporate the change in their garbage rates. It is also anticipated that the Authority may become involved in programs or facilities which could require substantial fees. Potential examples of this type of activity would be the construction of a public landfill or composting facility. Staff believes that each impacted agency will need to be consulted in order to provide direct local input. It is the local City Council which must establish garbage rates and it is not prudent for the City to relinquish control of the costs associated with those rates. Some of these proposals may also have limited participation, which would suggest that only the affected agencies should consider the fees. Staff recommends that a new section be added to the JPA which could read similar to the following: Procedure for the Authority to Levy Fees a) Except as provided below, the Authority shall, prior to July 1st of each year, consider increases to current fees, or the imposition of new fees, to be levied pursuant to this agreement. Each affected member agency shall be notified by July 15th of the action taken. The effective date of any increase shall not be earlier than the following January 1st. In the event that a fee adjustment is required on a different schedule, the Authority shall obtain approval as follows: Each agency which is affected, or whose ratepayers are affected, by the fee shall approve of such action prior to implementation of a new fee or any increase in an existing fee. b) For the purpose of long term projects or in the event of project financing, the Authority and one or more of the member agencies may enter into a separate agreement related to fees to be levied. The fees would be specific to the agencies participating in said agreement and non-participating agencies and their ratepayers shall not incur any costs associated with said agreement. The timing of said fees shall be subject to the agreement between the parties. It should be noted that this modification will not guarantee the City of control over all fees levied by the Authority. However, this process does create a mechanism for greater City input. For example, if the Authority increased its tipping fee for administrative programs, it would notify the City by July 15th. The effective date would be the following January 1st. If the City objected to the change, it could actively seek a modification by the Authority prior to the effective date. This time lag also allows the City adequate time to incorporate the modification in a rate adjustment. For those agencies which include garbage service on the property tax bill, the July notification allows them to consider the change when calculating assessments. Authority Staff were unavailable to review this proposal prior to completion of this report. Conclusion Staff recommends that the City Council review the proposed modified Draft Joint Powers Agreement and provide input on any changes or modifications which should be recommended to the Authority. Staff also requests that the City Council provide specific direction on the following areas identified in the Staff Report: -4- 1) Does the City Council support the change in the confirmation process for Local Task Force appointments? Further, Staff would recommend that the City Council concur with Staff recommendations in the areas of: Hazardous Waste Advisory Committee Membership, Levy of Taxes or User Fees on Hazardous Waste Facilities, and the recommended addition to specify how fees are implemented. In the event of any questions from the City Council, Mayor Snyder serves as the City of Dublin delegate on the Waste Management Authority and as a member of the Authority Executive Committee. -5- � a JOINT EXERCISE OF POWERS AGREEMENT FOR WASTE MANAGEMENT This Agreement is entered into and becomes effective this day of , 1991, 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 66789 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, budgeting, planning and enforcement of the Alameda County Solid Waste Management Plan as mandated by then existing Goverment Code section 66780 et seq. 2 . 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, 1 EXHIBIT A 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 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 2 Q [� 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- making, budgeting, planning, implementation and enforcement of the Alameda County Integrated Waste Management Plan. By their signatures hereon, Alameda County, a7Rd each city and participating sanitary district delegates the power, duty and responsibility to prepare, adopt, revise, amend, administer, implement in concert with the Agencies 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, aiid the cities and the participating sanitary districts (hereinafter "Agencies") to the Authority of the power to prepare 3 • .i D � fll u U the Alameda County Integrated Waste Management Plan. This JPA shall not, however, limit the ability of these Agencies to plan, administer, implement, and otherwise conduct waste management and other - related programs on the local level, as determined appropriate by the Agencies, and in accordance with 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, may smell be prepared and amended from time to time by the—Auther-Ity—Hreweyez,any ems tr may eleet to treat the eity searee reduetien and reeyeling element prepared by the Authe= er that eity either the Agencies, acting individually and in conformance with the Alameda County Integrated Waste Management Plan, or by the Authority acting in behalf of one or more of the Agencies, in accordance with such memorandum of understanding or other agreement as may be satisfactory to the parties. Any Agency which elects to have its source reduction and recycling element prepared through the Authority may treat said element as a baseline plan to which the a--eity Agency may add or modify policies and programs tailored more specifically to that eity'-s Agency' s needs or designed to be more effective in accomplishing source reduction and recycling of solid waste. if a eity—exereises this eptien, that eity shall eeerdinate—wiith the 4 r eduetie n e r r-eeye3ing eemp en ear , the required by law te be submitted te the ealifernia Integrated Waste IT- nt Beard se that eities will have -----4---44-- A--e inake rLvi s i en s e r a ZLITi'ges as a-C['CTSe'r i z eCi—S7'y—CfYTs P a r a gap 1. T-F _ -ei z i� Galifernia integrated Waste Management Beard as the eity seiir-ee reduetien and--reeyeling—eempenen- fer—all ei-ties (emeept these eitres Jhieh have prepared ehanges -er revisiens in eefflplianee with paragraph, that eity shall submit any prepesed ehanEjes er 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. 5 'A r i 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, budgeting, funding, planning, implementation 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, implement 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. 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 6 • lbw. � r'. r� r7 JuU� �J 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, implementing, 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 Mangement 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 the city, county, or special district which is a signatory to this Agreement. C. "Alameda County Waste Management Authority" or "Authority" shall mean the public and separate agency created by this Agreement. 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 7 • b�fL of Berkeley. G �` EFFEGTIVE BATE X999 3 . 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 as the parties hereto may agree. 4 . -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 deeumeFrt--t4i-e members ef—the Aianeda Geunty–Seli Waste-Management A,ut�e__ty shall emeeute–an instrument indleating–the disselutien e f that publiee–agene yand the transf ew–e€–all e f its–assets, liabilities,- 8 -shall be net i f l ed—e f this eh a and request the Authetrity is selid waste planning ±n Alameda Geu ty. The State Departinent ef the rYQGrSert .S the `-`.` `.`7 e 'eeZ hazardeus luiaili„`, in Alameda Geunty-- 5. fir.- POWERS The Authority shall have the power to prepare, adopt, revise, amend, administer, implement 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;, including either to receive or provide services; b. to apply for and accept grants, advances and contributions; C. to provide funding to the Agencies and other entitities for the conduct of programs under the general purview of the Authority; d. e— to employ or contract for the services of agents, empleye consultants and such other persons or firms as it deems necessary; 9 G' e. to employ permanent, part time and temporary staff as necessary to carry out Authority programs, and to adopt and implement appropriate personnel policies and procedures as required; f. 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; g. to make and confirm replacement appointments to the Integrated Waste Management Plan Local Task Force on behalf of the Agencies, except when a majority of the Agencies determine that confirmation of such appointments shall be by separate action of a majority of the Cities with a majority of the incorporated area population; h. e— to acquire, construct, manage, maintain, operate and control any buildings, works or improvements; i. -f—. to acquire, hold or dispose of property, including exercise of the power of eminent domain under the provisions of Code of Civil Procedure Sections 1230. 010 et seq. as these sections exist and as they may be amended from time to time; j . g- to sue and be sued in its own name; k. h—. to incur debts, liabilities or obligations, subject to limitations herein set forth; 1. to levy and collect fees and charges, including administrative and operating costs, as provided in this Agreement 10 � � U or by law, against all entities to which the law applies, both signatory and non-signatory to this Agreement; M. j— to adopt, as authorized by law, ordinances or resolutions necessary to carry out the purposes of this Agreement; n. k—. to issue bonds, subject to the provisions and limitations of the Government Code of the State of California; o. -1--. to adopt annually a budget setting forth all r administrative, operational and capital expenses for the Authority, together with the apportionment of such expenses by levy against each agency to the extent necessary; p. Ttt— 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; q. ilr— to appeint feur menbers te the determine the representation and membership of the Hazardous Waste Management Advisory Committee required -by established pursuant to 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 mb v of whieh ten shall he appeinted by the Beard at least—ene representat-i o=e—ef i-rrr—cny±renmental ei-ganizat, •,� ene representative ef the publie, and three shall be appeinted by 11 U U G� the_etyseleet-j ittee; 12 members representing: large industry, small industry, education, environmental organization, the Alameda county Environmental Health Department, wastewater treatment and management, air quality management, fire and/or hazardous materials response and local elected officials; r. e- to recommend, adopt and amend the Alameda County Hazardous Waste Management Plan to the extent allowed by law. 6. -7 :- BOUNDARIES The boundaries of the Authority shall be the boundaries of the County of Alameda. 7 . S— 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 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 and one to serve as an alternate member 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 12 I% 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. 13 (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 . S'TA-F'F-I-P7G mThe—Au t fulfill ;t r ewe---,Elucres—and—iceespens;1- zcT under this , i er eentrcce'tw-ith the Geunty of Alameda. 8. a-6. 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. 9 . FUNDS AUDIT AND ACCOUNTING SERVICES Pursuant t o -i e—rc�urrcm E3 -9 6 —5 e e �6 rr—��5—� o rc 14 Gevernment Cede,e,the—Treasarer of the The Authority shall appoint a Treasurer from among its senior management staff pursuant to Government Code section 6505. 6 as it now exists or as it may be amended from time to time. The Treasurer of the Authority shall serve as the depositary and have custody of all Authority funds from whatever source, and shall perform the following functions: a. Rteeive a-nd---r-eeeipt—fier a-ll Tfi©ney—€ems--the—p-re}ems eredit of the T A1-h__ity . "l a. Receive funds for the Authority and place them in appropriate accounts of a financial institution, checking acoounts or interest bearing government accounts to 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 certification of the e designated Authority finance officer performing the functions of internal auditor; er eentreller—whe—has been se 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 held for 15 the Authority, as well as the amount of receipts and the amount paid out since the last report to the Authority. The functions of internal auditor shall be performed for the Authority by the Auditei of Alameda Geunty. either the Authority' s Treasurer or another member of the Authority' s senior management staff designated as the finance officer, pursuant to Government Code section 6505. 6 as it now exists or as it may be amended from time to time. The A-uditer finance officer shall draw warrants to p,a7y be responsible to certify the payment of demands against the Authority. when -the demands have been ,-a y a..aic�h T n ; t u t1 l* er There sh a l l be Strret—a^e e e �crrrccrb i l i t y ems all funds s a the aTi-J=u7fu.� ua♦ Audit-6r e-f t�—E8 1�—r-e 6��� }.tom he Beard--0-f V-C71"ILT�� eee' LTC["TIt UTJ17 'rrJe77,e ntss i n—a^'LiL2 t i e , the Audit v ef the - Geunty ef Alameda will either make er eentraet fer an Pursuant to Government Code section 6505. 6 as it now exists or as it may be amended from time to time, the Treasurer and finance officer shall cause an independent audit of the accounts and records at least annally as preseribed lay to be conducted by a certified public accountant or public accountant. This independent audit shall comply with the requirments of section 6505 of the Government Code- as it now exists or as it may be amended from time to time. 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 as it now exists or as it may be amended from time to time. The audit shall conform 16 Q C� to generally accepted auditing standards. 10. !2 . 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 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. 11. 13 . PROCEDURE FOR BECOMING MEMBER OF BOARD All of the agency signatories to this Agreement shall be 17 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. 12 . 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 facilities shall terminate thirty (30) days after the occurrence of the requisite events as specified in this section. 13 . 3-5—. SPECIAL PROVISIONS a. The Authority shall not under- any- ei:reufastanees attemgt—t-e impose or enforce a tax for general purposes or impose a general purpose user fee in relianee en pursuant to Health and Safety Code section 25173 . 5 as that section exists or may be amended from time to time, unless except that such tax or user fee may be imposed and enforced by the Authority either to the extent 18 a � necessary for programs undertaken by the Authority which complement the hazardous waste plans and programs of the county and cities, or to the extent that said section or its successor authorizes such a tax or user fee to be levied by the Authority. b. The Agencies understand and agree that the Authority may, by agreement with one or more Agencies, share in hazardous waste administration fees such as advance disposal fees or plan check fees if the Authority is incurring costs related to programs for which such fees are levied. The Authority may also levy fees for such purposes to the extent that it is also incurring costs for administration of hazardous waste programs, but the discretion to levy such fees does not preclude the Agencies from also levying such fees as authorized by law. C. 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 solid waste operators in the County for the purpose of defraying the cost of preparing, maintaining and administering the Alameda County Solid Waste 19 De a � 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. d. e— The Agencies understand and agree that the Authority and not the Agencies may levy the fee fees as authorized by Public Resources Code sections 41901 and 41902 as those sections exist or as they may be amended from time to time for the purposes of planning or implementing policies, programs or facilities which involve or benefit more than one Agency, or which plan for or implement countywide policies, programs or facilities, or which would fund grant programs for demonstration projects. The Agencies reserve to themselves the power to levy fees as authorized by Public Resources Code sections 41901 and 41902 as those sections exist or as they may be amended from time to time for planning or implementing local policies, local programs or facilities located within the particular Agency' s jurisdiction, if the fee is levied on a waste stream originating within the Agency' s territory and is levied on facilities or activities within the Agency' s territory. This provision is not intended to and does not in any way affect the power or discretion of the Agencies regarding franchise agreements or rate setting for solid waste hauling, disposal, recycling, source reduction or other aspects of solid waste processing, including the power of the Agencies to levy fees or other charges through franchise agreements or rate setting involving solid waste. 20 D � e. This Joint Powers Agreement shall not preclude Agencies from entering into agreements for joint development and operation of programs and facilities. Through such agreements, participating Agencies may assign the responsibility for setting fees and charges collected through the program or facility to a lead Agency. f. This Joint Powers Agreement shall not preclude Agencies which own and/or operate facilities from setting fees and charges for use of the facility by the public in general, including other Agencies. g. The Authority may also levy county-wide fees which would fund local solid waste planning activities and local implementation of source reduction and recycling plans. The distribution of such funds to local agencies shall be based upon types or quantities of wastes generated by the member agencies, or other means as may be approved by the Board. h. 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. i. This Joint Powers Agreement does not modify, cancel and/or defer any rights or duties of any party to this Agreement pursuant to franchise agreements between such party and its franchisee. Particularly, this Joint Powers Agreement shall have no effect on the rights or duties of a party to this Agreement with 21 regard to priority in any landfill and/or the rights of any such party to extract recyclable materials from the waste stream. AMENDMENTS This Agreement may be amended by the affirmative vote of the governing bodies of not less than two-thirds of all member Agencies. 16. 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 signatures are listed below or attached hereto: Dated: County of Alameda By Dated: City of Alameda By Dated: City of Albany By Dated: City of Berkeley 22 T`�e.�►.�.:c o.�► t'n�:, on S I Q, s CITY OF DUBLIN City of Dublin c P.O.Sox 2240.Duohn.California 94568 C;ty O"ices.100 C;vtc Plaza.Dublin.California 94568 Recommended Technical/Format Modifications fCfFO\ To the 10th Draft JPA For Waste Management December 4, 1991 ' } 1. Page 1 - Title i z Mr. Tom Martinsen, Executive Director I Recommendation: Add" First Amended and Restated" to the first line` Alameda County Waste Management Authority of the title. This clarifies the nature of the document. 1933 Davis Street, Suite 308 San Leandro, CA 94577 i . 2. Page 1 - Between 1st paragraph and Section A RE: 10th Draft - Recommended Technical/Format Modifications to Proposed Joint Powers Agreement Recommendation: Add a recital generally stating the following: y "This agreement is an amended Joint Powers Agreement which amends Dear Tom: and restates the Joint Exercise of Powers Agreement for Waste s Management dated February 13, 1990." 3 The purpose of this letter is to transmit suggested modifications to the JPA pursuant to your letter dated November 22, 1991 to the City Manager. ' These comments are a result of additional review of the latest proposal I 3. Page 1 - First Line of Section (A)(1) by City Staff. Recommendation: It a 1 ppears that the referenced Government Code This transmittal is intended to address recommended changes, which we Section should be 66780. believe would improve the overall document. The list does not include changes which we perceive as potentially being policy issues. As indicated in our telephone conversation, the City Council will be 4. Page 3 - Subsection 4 considering the policy related issues, as well as the entire Draft �. document at their meeting on Monday, December 9, 1991. Recommendation: Proposed modifications are shown on Attachment A. The party to which the power is being delegated to is not clear and f If you have any questions or would like further clarification, please the phrase "in concert with the Agencies" is ambiguous. 2 feel free to contact me at 833-6650. ' - Sincerely, 5. Page 4 - Subsection 5 Recommendation: We would recommend the changes on Attachment B. 1 This section discusses the preparation and amendment to SRRE's in conformance with the Countywide Plan. Since the Countywide Plan Paul S. Rankin does not exist until all SRRE's adopted, this section is Assistant City Manager inconsistent. g i. c' PSR:slh a:s124alco.psr#7 6. Page 9 - Subsection 5(c) cc: Mayor and City Council Richard C. Ambrose, City Manager Recommendation: The word "entities" contains a typographical error. The scope of programs may require additional clarification. we would recommend the following: ...for the conduct of programs identified in the Alameda County " Integrated Waste Management Plan and under the general purview of the Authority. (Underlined Section added) t'ecbj?-c-ieJ > lministration(510)833-5650•City Council(5101 833-6605•Finance(5101 833-6610•Building Inspection(510)833-6620 .},\_ .� 1.) 1 1 1 �e �v (��� ® Code Enforcement(510)833-6620 • Engineering($10)833-6630 • Planning 1510)833-6610 '•v+11 a1-ti'1s0 1 10-Y�JII ACS RO` ��P t i Police fStO)8]16570 Public Works(510)833-5630 Recreation(510)a33-61545 CO,L (L0.�d�-CPOV S a(�q..$�Q P�O 1�d.IMS °�- a;-��ere.�- 6 1 ' 4 P 0\i c. Resoocce_.S ARTICLE 2. LOCAL TASK FORCES Section • •' - .. . . . .. ... . .. ,.. . ., . . . . .. . , 40950. ,:Counties;. task forces; coordination.of city source reduction and recycling elements. Article .2 was added.by Stats.1989, c. 1095, § 22. § 40950. Counties; task'forces; `eoordtriation' of city source reduction and recycling elements (a) On or before March 1,.1990, and every five years thereafter, each county, which is not a city' and county, shall convene a task force to assist in coordinating the 'development of city source reduction and recycling elements prepared pursuant.to ' ' ' Chapter 2 (commencing with Section 41000), the county source reduction and recycling element prepared pursuant to Chapter 3 (commenc- ing with Section:41300),•.and to•.. .:assist in the preparation of the countywide siting element prepared pursuant to Chapter 4 (commencing with Section 41700), (b) The membership of the,task force shall.be determined.by the '. copy and by a:majority of the cities.within the county.which contain a majority of,the population:' of the incorporated area of 'the county ' ' except in those counties.which have. only• two cities, in which case the membership of the task force.is subject to_approv al of the city which contains the ma'orit of the population of the incorporated area of the county. The task force may include representatives--of the solid waste industry, environmental organizations; general public, special districts, and. affected governmental agencies: (c) To ensure a coordinated.and.cost-effective regional recycling system, the task force shall do all of the following:.::. (1) Identify *solid..was'te:mdnagemenf'issues of countywide or regional concern: . (2) Determine the-need-for;solid waste collection and transfer systems, processing facilities, and marketing strategies that can.serve more than one local jurisdiction within the region. ' (3) Facilitate the;development of multijurisdictional arrangements for the marketing of recyclable materials. .(4) To•the:extent-possible;;facilitate resolution of conflicts and inconsistencies between or among city source reduction and.recycling elements. '(d) The task force shall develop goals, policies, and procedures which are•consistent with guidelines and regulations adopted by the •board,' to. guide the development of -the siting element of the countywide integrated waste,management plan. (Added by Stats.1989, c. 1095, § 22, ' Amended by Stats.1990, c. 1355 (A.B.3992), § 12, eff, Sept, 27, 1990.) . Law Review Commentaries .... .. Review of selected 1989 California legislation. 21 Pac. L.J. 500 (1990). _ Additlons or changes;Indicated by underline; deletions by asterisks 67 EXHIBIT Le*ea-To w;��„ Te.�.�.c.a1► mod;�co�;or.sTo S�Pf� . the Alameda County Integrated Waste Management Plan. This JPA : shall not, however, limit the ability of these Agencies to plan, 0 I1 administer, implement, and otherwise conduct waste management and �� C & � d other related programs on the local level, as determined +�G i appropriate by the Agencies, and in accordance with the Alameda Management Plan until such time as it is superseded by an approved . i County Integrated Haste Management Plan. cJ Alameda County Integrated Waste Management Plan. Alameda County 5. As regards the Alameda County Integrated waste Management understands and agrees that the Authority and not the County may Plan, the Agencies intend and require that the city source ¢ levy the °ee authorized by this provision. cepF 0,-S Qcov',6e-, be,0 I✓ reduction and recycling elements required by Public Resources Code r d. e- he Agencies understand an c�agree that the Authority section 41000 et seq., as those sections exist and as they may be and not the Agencies may levy the fee fees as authorized by Public , n amended from time to time, may shams be prepared and amended from -� Resources Code sections 41901 and 41902 as those sections exist or S time to time by the ut-herity. Hewe -er-, any et:may-e eet=a Q as they may be amended from time to time for the nur og s of PtePsciro�V ��e��•�:n S.eS.plan treat-the-e=Ey-seueee--eduet-ion-and-reeye=I g element;pr-exned-bv planning or implementing policies, programs or facilit�"s_which the—A�rthor=ty—for--that—eity either the Agencies, acting 4��'° or benefit more than one Agency, or which = C-/+.��o= — individually :�.. ...._ �__ iz implement countywide policies, programs or facilities. or whieh .. _ or by the Authority actingfi ehalf of one - - •• - ":•r Age cc or more of the Agencies, in accordance with such memorandum of res rverj o _h_____. the power to levy fees as authorized by Public Resources Code sections 41901 and 41902 as the ections .,,.o-q, 3 understanding or other agreement as may be satisfactory to the j1,� e rs P . �e�i�Y 1�+s SRR.f.axl parties. Any Agency which elects to have its source reduction and exist or as they may be amended from time to time foz?'a.c r recycling element prepared through the Authority may treat said implementing local policies, local programs or facilities located Y g P P g 1 t element as a baseline plan to which the a-eity Agency may add or within the particular Agency's jurisdiction(, if the fee levied ict' rl on a waste stream originating within the Agency's y and is " modify policies and programs tailored more specifically to that -%,r', levied on facilities or activities within the Agency's terry e tyL9 Agency's needs or designed to be more effective in j This provision is not intended to and does not in any way affect s accomplishing source reduction and recycling of solid waste. ?tea the power or discretion of the Agencies regarding franchise agreements or rate setting for solid waste hauling, disposal, � hut-�t6£-it'�'—in---t3kE—i4Eep^�z=vir-and-�zdB?ti9P. 9F�Ri'--c'�'�-�—:-•.�zrro" - I recycling, source reduction or other aspects of solid waste Y 4, P .; 4 6 I. Q� processing, including the power of the Agencies to levy fees or A IIPG lJ 4 4 4 i other charges through franchise agreements or rate setting involving solid waste. 20 C;� O� VV�` oloo��Y. .o w5 :f 3. ..0 3 - L r To Av c: �. 1V C s specifically including the California Integrated Waste Management 7. Page 12 - Subsection 7(b) 4 Board pursuant to the provisions of Public Resources Code section Recommendation: The City recommends that the bolded section read s follows: 40900 et seq. as those sections exist or as they may be amended ; a ".. .a member and one of its members to serve as..." from time to time. In this regard, the Agencies intend and do This clarifies that the alternate member must also be an elected adopt the requirement that any amendment of the Alameda County Z official. The current wording could be interpreted as allowing the agency to delegate any person as an alternate Board member. Solid Waste Management Plan shall become effective only after 8. Page 17 - Section 11 approval by a majority of the cities in the County containing a Recommendation: We would recommend that the first sentence read: majority of the population of the incorporated areas of the County. "All of the agencies signatory to this Agreement..." 4, Public Resources Code section 40900, part of AB 939 3 9. Page 18 - Subsection 11 and 12 (Statutes of 1989, chapter 1095), became effective January 1, 1990 T t. Recommendation: In both sections the term "the contracting and requires preparation of countywide integrated waste management parties" is used and is not found elsewhere in the document. It would appear that the phrase "any agency" could be used in Section plans. A purpose of this JPA is to create a city, county, special y 11 and the Section 12 phrase could be amended by deleting the word "contracting." district waste management authority responsible for and capable of �- 10. Page 18 - Section 12 preparation, adoption, revision, amendment, administration, policy- r' Recommendation: The words "general making, budgeting, planning, implementation and enforcement of the i purpose" were added prior to the word "user fee" in the third line. In order to be Consistent Alameda County Integrated Waste Management Plan. By their I with Health & Safety Code Section 25173.5, the modifier should be ea_c�- deleted. The code refers to user fees and the qualification of a signatures hereon, Alameda Cc y, and each city rid =ticipating "general purpose user fee" is not explained in the referenced code +,t2!AvF4.or,�� section. r: sanitary district delega es�th ,power, duty And resp risibility to l n�cce.o-.,� as 'dec� 11 . Page 20 - Section d ^ prepare, adopt, revise, amend, administeP implement-z:r1=VTMeV1 toc 'It, ✓ ganc.iee--gad--erg'a�ca-ttu Alameda County Integrated Waste ' Recommendation: The proposed changes are shown in Attachment C. Given that we have previously discussed this section at great Management Plan pursuant to Public Resources Code section 40900 et length, I do not feel our recommended changes modify the intent. These comments result from a review by other members of our Staff seq. as those sections exist and as they may be amended from time and I concur with the changes. The modifications su est deleting - rant rocram r em nstratio r s as this is alrea y to time. This JPA shall be considered a Memorandum of covere y the first part of the sentence, as well as in Section 5(c), Page 9. Understanding for the purpose of the delegation from the County, tJ0�2.. 1'tJ�`of�Ty, J�o-.'�T" �(�T�'..t To �I�C�.fdQ,, ate the cities and the participating sanitary districts 9 a•jpal0.psr#7 4In;5 l0. a�prq �rC P{� (hereinafter "Agencies") to the Authority of the power to prepare 3 Cf is ;s ,S VALID UHNIA IN I EUHA'I ED WASTE MANAGEMENT BOARF C 10'20 NINII I STREET.SUI'YE 300 R I C E I V,D SACIIAMI:N'I'O,CALIFORNIA 95A14 OCT 26 1990 OCT 1 Q` 1990 CITY OF DUBLIN Chairman Don Perata Alameda County Board of Supervisors 1221 Oak Street, Suite 536 Oakland, CA 94612 Subject: Formation of Local Task Force Dear Chairman Perata: Public Resources Code, section 40950 requires that each county and a majority of the cities representing a majority of the population in the county form a Local Task Force (LTF) by March 1, 1990. The purpose of the LTF is to assist local governments in preparing and implementing their Countywide Integrated Waste Management Plans. To date the California Integrated Waste Management Board (Board) has not received verification that either the Board of Supervisors or a majority of cities representing a majority of the incorporated population have approved the formation of the LTF in your county. The Board requests that the formation of the LTF be completed within 30 days. Once the LTF has received all.-:necessary approvals, please send the Board verification that both the county and the incorporated cities have approved it. Public Resources Code (PRC) , section 40950 requires that LTF membership be independently approved by a majority of the cities representing a majority of the incorporated population and by the county. The Alameda Co nty Waste-Management A (Authority) thus cannot establish F wi cl.tv and my Appxxy_, � the LTF member—ship. Authority for approving LTF membership is not transferable from the cities and county to the Authority. It is very important that the LTF be appointed as soon as possible since all local jurisdictions within your county should already have begun work on the first element of your Plan, their, Source Reduction and Recycling Elements. Many of these agencies will be looking to the LTF for the coordination of local solid waste programs, identification of regional problems and solutions, and guidance in Preoarina this element. If you have- any questions concerning the rormation of the Local Task Force, please contact Michael Leaon of the Board's Local Planning Division at (916) 327-0457. Sincerely, //��� �-- George e, r n.; Executive Officer a;ifo)nia Integ� ed Waste Management Board V cc: Betty Croly, Assistant Planning Director Alameda County Planning Department City Managers EXHIBI OR _1 oAe. 1� -- S.�1ac ► ..C� § 25135.2. Advisory committee; powers and duties (a) Each county ,u establish an advisory committee of a seven me b to assist the county in the preparation and administration of the county hazar ous waste management plan. The board of supervisors of the county shall al oin�t theen,�ber Q,are not city re rese �iXs to the advisory committee, includin at least one re resentat v in u�e�ree resentatiye.-,AWL ct or aniza ion an one r�e,�se�We t e lic. The advisory committee shall also consist o�ticle ors to re resent cities a in ed b the city selection committee_ ""spe ie (commencing with Section o Chapter 1 of Part 1 of Division 1 TT t)e 5 of the Government Code. The board of supervisors shall, to the extent possible, ap oint other 11ie�.s tli Ula rtise eo dous waste mana ement r annin inc ing, but not limlte to, engineering,_ aology1_and water quality. JJI�I�ww �,r nh�nnoc Inr�Ir�fn.i hv..unr�nrilnn• rinle.►L...w ►..._�_�__I-'-- '_r r __ .___. (b) The advisory committee shall do all of the following: (1) Advise the county staff, the board of supervisors of the county, and the staff, mayors, and council members of the cities within the county, on issues related to the development, approval, and administration of the county hazardous waste management plan. (2) Hold informal public meetings and workshops to provide the public with information, and to receive comments, during the preparation of the county hazardous waste management plan. (c) If a city or group of cities are preparing the county hazardous waste management plan pursuant to subdivision (c) of Section 25135.1, the city or cities shall establish the advisory committee, usin the ualifications and representations ecified in su (Added by Stats.1986, c. 1504, § G.) m4. I'- M? 0' tt't i r1 'Se c*i o n Ca) �10v I XHIBIT E § 25173.5. City or county tax or user fee on operation of offsite, mul.....ltiU3er hazardous waste facility; exceptions (a) Except as J)rovided in subdivision (b), the legislative body of a city or county may impose and enforce it tax, for general purposes, or may impose ti user fee on the operation of an offsite, multiuser hazardous waste facility located within the jurisdiction of the city or county. The the user fee imposed shall not exceed _19 nercen cf the fah ity: �.t�L,g ,ecej or the trea meat, s orage, or disposal o iazar ous waste at tTe facility. If a city or county impose�a tax pursuant to this section, the city or county rr,,,lr ay y1g the revenues c� .y n Wt to carry co7e~cLed from the tax to fund LhosaaetiYjlij . reasonably nece sa y f �� Lam... ���1 Y out its utie. related to the v )eration of 1h 1 ' s w ciliL u ion which the to 'm1 osed and for sa„u11r�of the ci_ t�s or county's fire a e Yer enc res onse ca gal i �_�es and emergency medical services, to the extent the city or county determines that t��hiis�funding should be given priority. (b) A city or county shall not impose a tax or a user fee adopted pursuant to subdivision (a) upon any of the following: (1) An existing hazardous waste facility for which a tax is authorized pursuant to Section 25149,5. (2) That portion of the gross receipts of the hazardous waste facility that derives from the recycling of hazardous wastes or the treatment of infectious wastes or other medical wastes. (Added by Stats.1986, c. 1504, § 7. Amended by Stats.1987, c. 487, § 1; Stats.1990, c. 1614 (A.B.1641), § 15.) ....__...._...__..._....Additions or changes Indicated by underline; deletions by asterisks IIEALTH AND SAFETY CODE § 25173.5 EXHIBIT r-