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HomeMy WebLinkAbout5.2 Waste Mgmt Authority~~~~ ~~ ~-~ 1~~ <:~/ SUBJECT: CITY CLERK File # ^Q~^-^~ AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 7, 2008 ATTACHMENTS: RECOMMENDATION: ~._ 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 ------------------------------------------------------------------------------------------------------------- COPY TO: Page 1 of 2 ITEM NO. q/ G:\Renuka\Staff Reports~as-JPA Amendment.doc Di ~~ 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 i~ 1537 Webster Street Oakland, CA 94612 ~ I ^ Ph: 510-691-6500 O Fax: 51o-as3-23o6 Reducing the Waste Stream for Alameda County r~~~~~~~~:~J 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 ~ ty ~ ~ 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 / ,~~= / Food Scrap Recycling i='~ ~ .~' Grants to Non-Profits , ~%'~ 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 l~= ~-0~ Attachment 1 ~~~ ~J Recycled Paper Z~~ 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. o - - - - ----~ ~ ~ --- -- -------__., .,_ _.,..._.~ ......, ,.~ .,..,..... „1.,-e.,;,..,.,1 ~ ..;l;+;o~ X1,.,11 1.0 1... «e.,,,l„~;..« ,...i ~l,,,ll .,1~.. ,. ,,.f,. ,_ra__... 1 b ^ 1K •KVlll {.1V V~ Vil ~ ~ t11,Y~n nY ~'M~ /, !~ ~~~ 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