HomeMy WebLinkAboutItem 5.2 Waste Mgmt Authority~~~~
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SUBJECT:
CITY CLERK
File # ^Q~^-^~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 7, 2008
ATTACHMENTS:
RECOMMENDATION:
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FINANCIAL STATEMENT:
DESCRIPTION:
Amendment to Alameda County Waste Management Authority JPA
Report Prepared by Roger Bradley, Administrative Analyst
Letter of Correspondence from the Alameda County Waste
Management Authority
Approve the amendment to the Joint Powers Agreement and direct
Staff to notify the Alameda County Waste Management Authority.
None.
The Alameda County Waste Management Authority (ACWMA)
Board has recommended that its member agencies approve an amendment to the Joint Powers Agreement
(JPA). The amendment would replace the current requirement that atwo-thirds majority vote be required
for all ordinances and resolutions with a requirement that items with a fiscal impact of greater than
$500,000 would require atwo-thirds majority vote, and all other actions will require a simple majority of
the authorized vote. The ACWMA indicates that this change is being proposed to streamline the process
for ordinary actions, while ensuring that decisions with significant financial impact have broad consensus
among the member agencies.
Analysis
The proposed amendment will require atwo-thirds majority of the authorized vote for expenditures of
$500,000 or more. This means that any actions less than $500,000 do not have to have atwo-thirds
majority vote, they would only need a simple majority. Previously, atwo-thirds majority vote was needed
for any adoption of a resolution or ordinance, regardless of the amount of expenditure. Specifically, the
$500,000 threshold was amved at so that large projects, like the Materials Recovery Facility at Davis
Street, the EBMUD food scrap composting project, and the budget adoption would still need 14 votes
from the member agencies.
One segment of the proposed amendment reads, "Except as provided elsewhere in this Agreement, a
majority of the authorized vote shall be required for all other actions." After contacting Staff at the
Alameda County Waste Management Authority, it was discovered that the "elsewhere" in the agreement
applies to fee increases. For example, atwo-thirds majority vote would still be needed when considering
"increases to current fees, or the imposition of new fees, which affect rates for municipal solid waste
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COPY TO:
Page 1 of 2
ITEM NO. q/
G:\Renuka\Staff Reports~as-JPA Amendment.doc Di
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collection and disposal," on a different schedule than currently set (notification of action is to be done by
July 15th with an effective date of not earlier than January 1St). This would remain in effect.
Currently, the Joint Powers Agreement also states that "Actions to approve Authority participation in or
financing of countywide or regional facilities, or countywide systems of subregional facilities, shall be by
resolution, and shall also require a vote of two-thirds of the Agencies." This clause is proposed to be
taken-out of the section. Thus, two-thirds approval would be required based when the fiscal impact is
more than $500,000. For facilities of such types, it is expected that the fiscal impact would be well beyond
$500,000, thereby, maintaining the impact of the original verbiage.
As of September 26, 2008, the Cities of Albany, Hayward, Piedmont, San Leandro, Union City, the
County of Alameda, and the Castro Valley Sanitary District have approved the amendment. The Oro
Loma Sanitary District has been the only Authority member to not approve the amendment thus far. In
discussing this with Staff from the District, it was discovered that the District's Board of Directors felt
that this amendment loosened up the voting requirements too much and give greater control over
budgetary items to the Authority. All other jurisdictions are preparing to take this item to either their
Board or Council within the next month.
RECOMMENDATION: Staff recommends that the City Council approve the amendment to
the Joint Powers Agreement and direct Staff to notify the Alameda County Waste Management Authority.
COPY TO:
Page 2 of 2
ITEM NO.
F:\Council\P.genda Statements\2008-2009\as-JPA Amendment.doc
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1537 Webster Street
Oakland, CA 94612 ~ I
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Ph: 510-691-6500 O
Fax: 51o-as3-23o6 Reducing the Waste Stream for Alameda County
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July 14, 2008 ~1-~~~ ~ ~~~~ i~
Stopwaste.Org is the Carolyn Parkinson J~L ~ ~ ~~~~
Alameda County City of Dublin
Waste Management
Authority & the 100 Civic Plaza ~~ ~~.~'~~~~~~ ~~~~'`'~
Alameda County Dublin, CA 94568
Source Reduction
and Recycling Board Re: Amendment to Alameda County Waste Management Authority Joint Powers Agreement
operating as one
public agency.
Dear Ms. Parkinson:
Member Agencies I am writing to you in your capacity as clerk of City of Dublin to request City of Dublin's
Alameda County approval of ati amendment to the Jon~t Exercise of I'ovrers Agreement for Waste Management
Alameda (°`JPA") establishing the Alameda County Waste Management Authority ("ACWMA").
Albany
i
ey On June 25, 2008 the ACWMA Board recommended that the ACWMA's member agencies
Dubl
n
Emeryville approve an amendment to the JPA to simplify voting procedures for the ACWMA Board. The
Fremont proposed amendment is included as Attachment A and is described below. In accordance with the
Hayward JPA, the amendment must be submitted to all of the ACWMA's member agencies for approval and
Livermore needs twelve member agencies concurrence for the Amendment to be effective. Please submit the
Newark amendment to the City Council for approval. Following action by your governing board, please
Oakland complete the enclosed certification of amendment and return it to me at your earliest convenience.
Piedmont
Pleasanton The JPA currently provides that a two thirds-vote is required for all ordinances and
San Leandro
union City
resolutions, and a majority vote of those present and voting is required for all other actions. The
Castro valley Board is proposing to amend the JPA to maintain the two-thirds vote requirement for actions
Sanitary District requiring expenditures of $500,000 or more but to allow all other actions to proceed based on a
Oro Loma ma on of the authorized vote. This will ensure that ma'or decisions with a si ficant fiscal
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Sanitary District impact require a broad consensus while simultaneously streamlining the process for ordinary
actions. This change will allow the ACWMA to operate more in keeping with standards applicable
Agency Programs to cities, counties, and special districts. The specific wording of the amendment is shown on
Bay-Friendly Gardening Attachment A.
& Landscaping
Green Building
in Alameda County
Please do not hesitate to contact me with any questions regarding the proposed amendment.
StopWaste Business
Partnership
irecycle@school
Sincerely
Environmentally ,
Preferable Purchasing / ,~~=
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Food Scrap Recycling i='~
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Grants to Non-Profits ,
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Household Hazardous i' -~'"Z-----~~
Waste Recycling !
Multifamily Recycling Karen Smith
Recycling Information
Hotline Executive Director
Enclosures:
Proposed Amendment
Agency Response
cc: Janet Lockhart, Mayor
Richard Ambrose, City Manager
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Attachment 1 ~~~
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ACWMA Joint Powers Agreement Amendment
The following is an amendment to section 7.d of the Joint Exercise of Powers Agreement
for Waste Management. The text below shows text to be inserted in bold italics
(example) and text to be deleted in strikeout (fie).
d. Vote Required
A two-thirds majority of the authorized vote shall be required for expenditures of
$500, 000 or more. Except as provided elsewhere in this Agreement, a majority
of the authorized vote shall be required for all other actions.
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Certification of Amendment
Joint Exercise of Powers Agreement for Waste Management
is a member of the Alameda County Waste
Name of Agency
Management Authority created pursuant to the Joint Exercise of Powers Agreement for
Waste Management dated February 13, 1990 as amended from time to time thereafter.
Member Agency has considered the following amendment to the section 7.d of the Joint
Exercise of Powers Agreement for Waste Management. The text below shows text to be
inserted in bold italics (example) and text to be deleted in strikeout (e~a~le).
d. Vote Required
A two-thirds majority of the authorized vote shall be required for expenditures of
$500,000 or more. Except as provided elsewhere in this Agreement, a majority of
the authorized vote shall be required for all other actions.
.
At its meeting of , 2008 the governing body of member agency voted to
Approve
_ Deny
the proposed amendment.
(Sign Name)
(Print ltiTame)
(Title)
Please return this certification to:
Karen Smith
Executive Director
Alameda County Waste Management Authority
1537 Webster Street
Oakland, CA 94612