HomeMy WebLinkAbout4.03 Waste Mgmt JPACITY OF DUBLIN
AGENDA STATENIENT
CITY COUNCIL MEETING DATE: August 24, 1992
SUBJECT: Amendment to Joint Exercise of Powers Agreement (JPA)
~ for Waste Management
(Prepared by: Paul S. Rankin, Assistant City Manager)
EXHIBITS ATTACHED: 1) Letter dated July 31, 1992 from Management
Authority
2) Final Draft Joint Exercise of Powers Agreement
3) Letter dated December 10, 1991 Transmitting City
Council Concerns on the 10th Draft Proposed JPA
Resolution Approving Amendment
RECOMN~NDATION:~j Adopt Resolution.
FINANCIAL STATEMENT:
DESCRIPTION: In
Joint Powers Agreement
Authority intended the
Several issues remained
to review the issues.
develop language which
Fees levied as a result of the Waste Management
Authority are ultimately paid for through
increased garbage rates.
March of 1990, the City Council approved an amended
(JPA) for Waste Management. The Waste Management
amendment to address changes required by AB 939.
unresolved and the Authority indicated a commitment
Since that time, the Authority has been working to
could be supported by its members.
In December of 1991, the City Council reviewed and commented on the 10th
draft agreement. At that time, City Staff identified four areas which the
City Council recommended further modifications prior to the JPA being
circulated for approval. These are described in the attached letter to the
Executive Director (Exhibit 3). The following summarizes those issues and
the Authority's response in the recommended Final Draft JPA (Exhibit 2).
All additions to the current JPA are indicated in bold type and deletions
are shown by overstrikes.
1) Appointment of "Replacement Members" on the Local Task Force (LTF):
The original language delegated to the Authority the right to make and
confirm replacement appointments.
Section 5(g) Page 10 clarifies that the replacement would only serve
until such time as they are confirmed by the County and a majority of
the cities with a majority of population. This will allow for a local
review process of the appointments, which is required by State Law.
2) Hazardous Waste Advisory Committee:
The earlier proposal did not follow state law relative to the
composition of this committee. The Authority had assumed
responsibility for appointment, when the law requires the City
Selection Committee to make certain appointments.
Section 5(q) Page 12 now clarifies that the three members of public
agencies will be selected by the City Selection Committee.
3) Offsite Multi-User Hazardous Waste Facility User Fees & Taxes:
The earlier version provided that the Authority should be authorized
to collect fees pursuant to Section 25173.5 of the Health & Safety
Code. The City Council recommended that the local agency retain sole
control of this revenue mechanism. There was also a concern with the
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COPIES T0:
,[~ ~ CITY CLERK
ITEM No. FILE d C°~ y~
Authority's proposed use of these fees for uses not authorized under
current State Law.
Section 13 (a) Page 20 clarifies that these fees could only be levied
with the specific approval of the jurisdictional agency in which the
fee is levied. The section also indicates that the use of such fees
is subject to the allowed uses stated in State Law.
4) Proposed chanqes to the timinQ of adiustments to fees levied by the
Authority•
Since local officials are responsible for setting garbage rates, the
timing of new fees can be extremely important. The City of Dublin
suggested a process which would allow a reasonable amount of time for
agencies to incorporate fee changes imposed by the Authority into the
local garbage rates.
Section 13 (k) Pages 24 and 25 describes a process which requires fee
changes to be adopted by July 15th of each year. The actual
implementation cannot occur prior to the following January 1st. In
addition, the amended agreement provides a special procedure for the
enactment of fees which cannot be accommodated by this schedule.
Under that process, the fee change is subject to a 45 day review
period by all affected elected bodies.
As noted earlier, the proposed amendment will address the issues raised
previously by the City of Dublin.
In addition to the specific issues noted above, the proposed amendment will
address various general changes.
General Chanqes
The following discussion identifies changes included in the Final 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
concern raised by local entities. The current JPA places 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, Page 9"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" (Pgs. 16-18)
(d) Subsection (i) Page 11 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.
-2-
,
Provision for Subrecxional Facilities and Local Fees:
The proposed JPA revises the current agreement to provide flexibility in
the establishment of local facilities and programs. The current agreement
restricts the ability of local agencies to levy fees.
The intent of the amendment is to allow the local agency to have control on
AB 939 fees levied on waste generated by a particular jurisdiction. The
amendment also addresses the potential for regional facilities. For
example, Dublin, Livermore, and Pleasanton could develop a facility
supported by fees levied on waste generated in these jurisdictions. This
topic is discussed in Section 13 (j) Page 24. The wording was structured
to preclude one agency which has a landfill facility within its boundaries,
from funding its local programs from fees levied on waste generated in
other jurisdictions. The Waste Management Authority would continue to be
the entity responsible for the receipt of import fees levied on
jurisdictions from outside of Alameda County.
Mayor Snyder is the City's designated Boardmember to the Waste Management
Authority and is familiar with the proposal in the event that there are
further questions. Staff would recommend that the City Council adopt the
Resolution approving the amendment.
a:824waste.agenda#10
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WASTf 'v1ANAGEMENT AUT' "~RIT`(
oF ALAMEDA COUNTY
Thomas :~1. ,~lartinsen
Execur~e Direc,or
July 31, 1992
Honorable Peter Snyder
City of Dublin
City Hall
100 Civic Plaza
Dublin, CA 94568
RECEIVED
.J
r;fTY ~~= ~! it31_~N
RE: Request to Approve Amended Joint Powers Agreement for
Waste Management Authority
Dear Mayor:
I enclose for consideration by your City Council an amended Joint
Powers Agreement (JPA) pertaining to the Alameda County Waste
Management Authority. After more than a year of extensive
deliberations the Authority on July 22, 1992 approved these
amendments and directed that they be forwarded to our member
agencies for approval. A copy of Authority Board Resolution No.
212 approving the JPA amendments is enclosed for your reference.
Of the two copies of the Joint Powers Agreement enclosed, one
shows all the proposed language changes and the other is a clean
copy for signature by appropriate officials.
The amendments make a number of changes essential to the
effective functioning of the Authority. They also clarify the
powers of local agencies with respect to the imposition of fees,
preparation and adoption of plans, the development of facilities
and the conduct of programs. The issue of the allocation of
votes among the member agencies has been extensively discussed,
and it is clear that there are a wide variety of views on this
matter. Unfortunately, because there is no consensus for any
alternative plan, the Board has not proposed any changes to the
allocation of votes at this time.
Because the amendments address pressing issues affecting the day-
to-day operations of the Authority, I urge you to work with your
City Council to consider and approve the amendments as soon as
possible. Upon approval please return a signed copy of the
Agreement to the Authority. Under the terms of the existing
Joint Powers Agreement (paragraph 16) the amendments will become
effective upon approval by the governing bodies of the two-thirds
of the Authority's member agencies.
~~~II~IT
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1933 Davis St.. Suite 308, San Leandro, CA 94577•'~~639-2481, FAX: r~s) 639-2491
Letter - Request to Approve Amended Joint Powers Agreement for
Waste Management Authority
Page 2
Thank you for your attention to this important matter.
.,~jery~ truly yours,
;~,~ ~,/~~ f ~ ;~
; v~w~'1~.1~,~(/
Michae~ ~ Swee e~
President
Alameda County Waste Management Authority
c: Kay Keck, City Clerk
Richard Ambrose, City Manager
MS/ard
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JOINT EXERCISE OF POWERS AGREEMENT
FOR WASTE MANAGEMENT
This Agreement is entered into and becomes effective this
day of , 1992, by and between the undersigned public
agencies, all of said parties referred to collectively as the
"Agencies." This agreement is an amended Joint Powers Agreement
which amends, restates and supersedes the Joint Exercise of Powers
Agreemen~ for Waste Management dated February 13, 1990.
WITNESSETH:
A. Solid Waste Management
1. Until January l, 1990 Government Code section 66780 et
seqo had required the preparation, adoption, revision, amendment,
adminsstration 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 (hereinafter "JPA") had been to create a city, county,
spec?al 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 Government 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
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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 ~hings, the Alameda County Waste Management
Authori~y ( hereinafter "Authority"), which was empowered to engage
in hazardous waste planning as well as solid waste planning. By
i~s 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
regarcl to the Alameda County Solid Waste Management Plan.
3. Notwithstanding the repeal of Government Code section
66780 et seq. the Agencies, including Alameda County, ~~
~ pursuant to Public Resources Code section 50000 and
t~rough their shared power to engage in planning and regulation of
solid waste, hereby delegate 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
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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. I~~~~, r~~~--~'~=
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4. Public Resources Code section 40900, part of AB 939
(Statutes of 1989, chapter 1095), became effective January 1, 1990
and reguires preparation of countywide integrated waste management
planso A purpose of ~his JPA is to create a city, county, special
district wastce 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, a-~ each city and each
participating sanitary district (hereinafter "Agencies") delegates
to the Authority the power, duty and responsibility to prepare,
adopt, revise, amend, administer, a~ enforce and implement as
provided for in this agreement the Alameda County Integrated Waste
Management Plan pursuant to Public Resources Code section 40900 et
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seq. as those sections exist and as they may be amended from time
to timee This JPA shall be considered a Memorandum of
Understanding for the purpose of the delegation from the ~
~~~~e-e-i~res Aqencies to the Authority of the power to prepare
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, or on the sub-regional
level through appropriate interjurisdictional agreements, as
determined appropriate by the Agencies and in accordance with the
Alameda County Integrated Waste Management Plan.
5o As regards the Alameda County Integrated Waste Management
Plan, the Agencies intend and require that the e~~ Source
Reduction and Recycling Elements (hereinafter "SRREas") required by
Public Resources Code section 41000 et seq., as those sections
exist and as they may be amended from time to time, may s~a~-~ be
prepared and amended from time to time by . ,
e~-e~te~~e~a-~e~~re-~~~-e-~i~~-€e~t~i~~ either the Agencies
acting individually, or by the Authority acting on behalf of one or
more of the Agencies in accordance with such memorandum of
unders~anding or other agreement as may be satisfactory to the
parties. Any Agency which elects to have its SRRE prepared through
the Authority may treat said SRRE as a baseline plan to which the
~~ Agency may add or modify policies and programs tailored more
specifically to that ~~ Agency°s needs or designed to be more
4
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effective in accomplishing source reduction and recycling of solid
waste ~ 3~~~i~~e~~ ~-= t~i-~s--e~~~e~ ,~--~~ ~v ..~... , , = - - "'' =--=} =
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. Nothing in
this JPA shall be construed to render the Authority responsible for
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compliance with Public Resources Code section 41780 as ~hat
section exists or as it may be amended from time to time. The
Counfiy and the cities, except the City of Berkeley, en~er into this
JPA for the purpose of establishing an Enforcement Agency as
authorizec~ by Public Resources Code section 43203 (b) as that
section exis~ts or as it may be amended from time to time. The
County and the cities, except the City of Berkeley, hereby delegate
to the Authority the power to establish or designate an Enforcement
Agency as authorized by Public Resources Code sec~ion 43203 (e)o
Bo Hazardous Waste Manaqement
Governmen~ 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 ~o prepare, adopt,
amend, administer, implement and enforce the Alameda County
Hazardous Waste Managemen~ Plan pursuant to Government Code section
66780.8 and Health and Safety Code sections 25135 through 25135.8
6
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as those sections exist or as they may be amended from time to
timeo
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
~he contracting Agencies to utilize these statutory authorizations
in this Agreemento
NOW, THEREFORE, the Agencies agree as fol?ows;
le 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), ~he Alameda County Integrated Waste Management Plan and
the Alameda County Hazardous Waste Management Plan.
2o 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.
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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 t~r~~-th? ??-?~~a-T~?~}~?~~
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_~~re~--€e~-~s e~~~~e-s--€e~e-e~-~e-~e~t~r~~e~e-e~-~e~-~re-~~
~ D~~-,~~' ~1,= the agency established or designated by the Authority
pursuant ~to Public Resources Code section 43203 (b), as that
section exists or as it may be amended from ~ime to time, subject
~o the approval of the California lntegrated Waste Management Board
pursuant to Public Resources Code section 43201 as ithat section
exists or as at may be amended from time to ~ime.
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3. r4- 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 ~he 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
8
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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 ~-~
~~ has succeeded to all of the assets, liabilities, contracts
and other obligations of the Alameda County Solid Waste Management
Authority. The Authority s~~ has also ~ assumed all powers,
duties, and responsibilities specified in this Agreement regarding
the Alameda County Solid Waste Management Plan. ~-sega~a~e
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5. ~r,- POWERS
The Authority shall have the power to prepareo adopt,
revisep amend, administer, implement and enforce the provisions of
the Alameda County Solid Waste Management Plan as specified in
paragraphs A2 and A3 herein, the Alameda County Integrated Waste
9
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Management Plan and the Alameda County Hazardous Waste Management
Plane 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;o including either
to receive or provide services;
b. to apply for and accept grants, advances and
contributions;
ca ~o provide funding to the Agencies and o~her
entities for the conduct of programs under the general purview of
the Authority;
ci. e- to employ or contract for the services of agents,
„' ^~~~^~ consultants and such other persons or f irms as =~~~~s
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necessary~
e. to employ permanen~, part time and temporary staff
as necessary to carry out Authority programs, and to adopt and
implement appropriate personnel policies and procedures as
requi~ec3 0
f4 ~- to make plans and conduct studies; to review the
Alameda County Solid Waste Management Plan as specified in
paragraphs A2 and A3 herein 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
Yntegrated Waste Management Plan Local Task Force on behalf of the
Agencies, until such time as the replacement appointments may be
10
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confirmed by the County and a majority of the cities which contain
a majority of the population in the Countye Those appointments
which are not conf irmed as specif ied above shall be replaced by
another replacement appointment in the same manner and subject to
the same confirmation vote as provided in this section.
h. e-:- to acquire, construct, manage, maintain, operate
and control any buildings, works or improvements;
io ~ to acquire, hold or dispose of proper~y, 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;
~. ~ to sue and be sued in its own name;
ko ~ ~o ?ncur debts, liabilities or obligations, subject
to limi~ations herein set forth;
1. ~ to levy and collect fees and charges, including
administrative and operating costs, as provided irY this Agreemen~
or by law, against all entities to which the law applies, both
signatory and non-signatory to this Agreement;
me ~- to adopt, as authorized by law, ordinances or
resolutions necessary to carry out the purposes of this Agreement;
no ~ to issue bonds, subject to the provisions and
limitations of the Government Code of the State of California;
00 ~ 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;
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p, ~- to act by and on behalf of Alameda County for ~he
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
Managemen~ Plan;
qo ~ ~o ~-p~er~-€e~~t~~,~~-~e~~ie determine the
representa~ion and membership of the Hazardous Waste Management
Advisory Committee .. established pursuant to Health and
Safety Code section 25135.2 as that section exis~s or as it may be
amended ~rom time to time. In this regard, the Agencies agree that
the advisory committee shall consist of a maximum of T~^M'~^~-~ ~F
~ -
~... ~.. ~ ._.L., ~ ...... `.. ..... .. ~ . ... .. ~ ~..., r, ...... ~ ~ .. ~ .,...... ....~ .. ~ _...... ~ ~ ~..... ~..r. r, .. ~.. .. ~.,. ...1
~-~~~i~ l~ ~^'_~~*~-___ _-__.___-*~}~~; 12 members, including at least one
representative of industry, one representative of an environmental
organization, one representative of the public, and at least three
memvers of the governing boards of the Agencies selected by the
City Selec~3on Commit~ee. O~her members may be drawn ~rom the
f~elds of educazion, small and large industry, the Alameda County
Environmental Health Department, Wastewater treatment and
management, air quality management, fire and/or hazardous materials
response.
r. 8-:- to recommend, adopt and amend the Alameda County
12
Hazardous Waste Management Plan to the extent allowed by law,
s. to establish or designate the Local Enforcement Agency
for Alameda County, including the cities within the County, except
for the City of Berkeley.
t. to coordinate programs of mutual interest and provide
administrative assistance with other organizations involved in
rela~ed programs, such as the Joint Refuse Rate Review Committee.
6. ~- BOUNDARIES
The boundaries of the Authority shall be the boundaries
of the County of Alameda.
7. ~ 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 or other
appropriate action appoint one of its members ta serve as a member
and one of its members 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
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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 Ci~y of Oaxland shall have three votes and the member selected
by th~ 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. Actions to approve Authority participation in or financing
of countywide or regional facilities, or countywide systems of
subregional facilities, shall be by resolu~ion, and shalZ also
require a vote of two-thirds of the Agencies.
ea Meetings of the Board
(1) Rectular 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 Meetincis
Special meetings of the Board may be called in
accorcTance with provisions of law.
(3) Notice of Meetincts
All meetings of the Board shall be held subject to
the provisions of the Ralph M. Brown Act, being sections 54950 et
14
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seq. of the Government Code, and other applicable laws of the State
of California requiring notice of ineetings 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 ~he minutes to be i orwarded to each member of the Board and
~o each Agency.
(5) uorum
A majority of the members of the Board shall
constitute a ctuorum for the transaction of business, except that
~ess than a quorum may adjourn from time to time.
fe By-laws
The Board shall adopt by resolution from time to time
such by-laws, rules or regulations for ~he conduct of its affairs
as may be required.
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8. ~-9: 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
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limited by law.
9e 3~: FUNDS. AUDIT AND ACCOUNTING SERVICES
v 0~oi~~2-i~~~' @~e ~ ~E---~~-~re-=--vz~-z+z~'r~c6i~i-~~-6~cr~3~@~ir- i-~
~rarr'aa--~--~r-z-v3~T-'ad~3~G o~~~`'$t3-~ ~
The Authority shall appoint from among its senior
management staff a Finance Officer to serve the combined functions
of treasurer and auditor pursuant to Government Code section 6505.6
as it now exists or as it may be amended from time to time. The
Finance Officer shall sexve as the depositary and have custody of
all Authori~y funds from whatever source, and shall perform the
followinq f~znctionso
~~~e~-i~--e~ ,
a. Receive and receipt for funds for the Authority and
place them in appropria~e accoun~s of a financial institution,
checking accounts or interest bearing government accounts to the
credit of the Authority, and invest any surplus funds in accordance
with ~overnment Code section 53601 as that section exists or as it
may be amended from time to time;
b. Be responsible upon official bond for the
safekeeping and disbursement of all Authority money so held;
c p Draw warrants or otherwise be responsible to certify
the payment of demands against the Authority when approved by the
16
~~,~.~~
Authority or by a person authorized by the Authority to so approve;
de e-: Pay any sums due from Authority money, or any
portion thereof, only upon warrants or other equivalent
certif ication
~
, pursuant to procedures established by the Authori~yo
e. ~- 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 ~he amount of money
held for the Authority, as well as the amount of receipts and the
amount paid out since the last report to the Authority; and
f . mt., ,. ,,. „ ~ t., -, ~ ~ b, 2--°'~i'~~~ a-~~6 ~~3-~~-6 ~ ^r-aTa.~ 'dir'~a-^s
~
~e-~ Ee~ni ~v~ ~-a'z~r-ee~~~~-z?~~--~~ t~s ei~F ~s-i~=i-~~re "i z~ c ic
a~ Pursuant ~o Government Code sec~ion 6505.6 as it now exists or
as it may be amended from time to time, the finance officer shall
cause an independent audit of the accounts and records a-~~-e~~z
as ~-~ l~~ to be conducted by a certified public
accountant or public accountant. This independent audit shall
comply with ~he requirements of section 6505 of ~he Government
17
~ 4 ~ ~~ L~
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 Governmen~ Code ~~~~ as it now exists or as
it may be amended from time to time. The audit shall conform to
generally accepted auditing standards.
10. 3~: 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, Au~hority
funds, including any interest earned on depositse remaining upon
termination of the Authority and after payment of all obliga~ions
shall be transferred to the successor public entity.
b. If there is no successor public entity which would
carry on any of ~he activities of the Authority or assume any of
its obligations, Authority funds, including any interest earned on
depositso 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
18
~~~~ ~
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. 3~: PROCEDURE FOR BECOMING MEMBER OF BOARD
Al1 of the agencies signatory 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 xnember or the Board. Any other public entity in Alameda
County which shares and exercises powers in common wi~h the
~ea~~ae~~ Agencies 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 Author?ty accepting the public entity to
membershipe
12. -~: WITHDRAWAL AND TERMINATION OF MEMBERSHIP
Any Agency ~pe~--~a~T~--~-e~ ~T=w~~~er-~-,Tree-~-~e~-~e-~re
may withdraw from this
Agreement, subject to written notice submitted to the Authority at
least one full fiscal xear in advance of the effective date of
withdrawal. The membership of any agency which ceases to have
powers in common with the °^r}~-~~}-r; parties to this Agreement or,
in the case of a special district, ceases to exercise franchise
authority for solid or hazardous waste f~e~?-~r~J management shall
terminate ~hirty (30) days after the occurrence of the requ?site
19
events as specified in this section.
13. 3~: SPECIAL PROVISIONS
a. Hazardous Waste Facility User Fees
~~~~~
~ The Authority shall not ~r~~~
at~e~-e impose or enforce a tax for general purposes or impose
a user fee ~--=-e~-~a-~r~-e~ pursuant to Health and Safety Code
section 25173.5 as that section exists or may be amended from time
to time, •~r~~ except that such tax or user fee may be imposed and
enforced by the Authority either to the extent s~ecessary for
programs undertaken by the Authority which complement the hazardous
was~e plans and programs of the Agencies and with the specific
approva~ of the jurisdictional agency in which the fee is levied,
or to the extent that said section or its successor authorizes such
a tax or user ~ee to be levied by the Authority.
ba Hazardous Waste Management/Administrative Fees
The Agencies understand and agree that the Authority may,
by aqreement 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
~rhich such ~ees are levied. The Authority may also levy fees for
such purposes to the extent that it is also incurring costs for
administration o€ hazardous waste programs, but the discretion to
levy such fees does not preclude the Agencies from also levying
such fees as authorized by law.
co Funding of County Solid Waste Management Plan
~ The previous JPA provided that the Authority could
20
,
• ~~ ~~~
levy the fee authorized by then existing Government Cocte 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 lntegrated Waste Management Boarde
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
Management Plan until such time as it is superseded by an approved
Alameda County Inteqrated Waste Management Plan. Alameda County
understands and agrees that the Authority and not the County may
levy the fee authorized by this provision.
d. Funding of Integrated Waste Management Plan
e- Except as provided hereinafter the Agencies
understand and agree that the Authority and not the Agencies may
levy }~~ iees 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 preparing and adop~ing the
Alameda County Inteqsated waste Management Plan~ and planning or
implementing policies, programs or facilities identified in such
plan which affect or benefit more than one Agency, or which
implement countywide policies, programs or facilities, or which
2Z
•
~ ~ ~~ ~~ ~~
would fund grant programs for demonstration projects. Each Agencyo
or group of agencies through agreement as hereinafter provided,
reserves to itself or themselves the power to levy fees as
authorized by Public Resources Code sections 41901 and 41902 ~s
tY~ose sections exist or as they may be amended ~rom time to time
for the purpose of preparing and adopting i~s or their SRRE(s), and
for implementing local policies, local programs or facilities
located within ~he particular Agency°s or Agencies° jurisdiction(s)
and identified in the SRRE (s) , if the fee is levied on a waste
stream originatinqwrithin the Agency's or Agencies° jurisdiction(sj
and is levied on facilities or activities within the Agency's o~
Agencies° jurisdiction(s). To the extent the jurisdiction of a
city and a sani~ary district are concurrent, the power to levy fees
for implemen~ation as provided herein may be exercised only by the
affec~ed city. 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 gor solid waste hauling,
ciisposal, ~ecvcling~ source reduction or other aspects of solid
waste processing, including the power of ~he Agencies to levy fees
or other charges through franchise agreements or rate setting
involving solid waste.
e. Agreements Between Agencies
This Joint Powers Agreement shall not preclude Agencies
grom entering into agreements for joint development and operation
of programs and facilities. Through such agreements, participa~ing
Agencies may assign the responsibility for setting fees and charges
22
~
~~` ~~~
collected through the program or facility to a lead Agency.
fo Agency Facilities
This Joint Powers Agreement shall not preclude Aqencies
which own and/or operate facilities from setting fees and charges
for use of the facility by the public in qeneral, including other
Agencies.
ga Funding for Agency Programs
The Authority may also levy county-wide fees to provide
funding fox ~.ocal solid waste planning activities and local
implementation of source reduction and recycling plans,
admimistered by ~he Agencies. The distribution of such funds ~o
local agencies shall be based upon types or quantities of was~es
generated by ~he member agencies, or other means as may be approved
by the Boaxd. The funding so provided to the Agencies shall be
use~ ir~ accordance wi~h all state and local requirements enabling
and pertaining to the collection of such fees.
h. Waste Import Fees
~- 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.
3o Franchise and Resource Management Agreements
This Joint Powers Agreement does not modify, cancel
and/or defer any rights or duties of any party to this Agreemen~
pursuant to fxanchise agreements between such par~y and its
23
~~~~~~~~
franchisee. Particularly, this Joint Powers Agreement shall have
no effect on the rights or duties of a par~y to this Agreemen~ with
regard to pPiority in any landfill and/or the rights of any such
party to extract recyclable materials from the waste stream.
j. Facility Development
The Agencies aqree that the Authority shall have the
power to plan, develop and implement countywide or regional
facilities and countywide systems of subregional facilities
designed to complement the Agencies' SRRE's and ta achieve the
goals and objectives of the County Integrated Waste Management
Plano It is unders~ood in undertaking such facali~ies that those
which are not designed to service the entire County shall be the
subjec~t of separate agreemen~s between the Agencies concerned. In
general, such subregional facility agreements shall provide for
financial arrangements and liabilities. The Authoraity may
participate in such separate agreements if approved by the Board of
the Authority. Costs and fees arising through such agreements
shall be specific to the Agencies participating in said agreement,
and non-participating Agencies and their rate payors shall not
incur costs related to the special agreement. ~'ee implementatior.
pursuant to these special agreements shall be independent of and
not subject ~o the schedule set forth in this Agreement for fees
levied by the Authority.
k. Fee Implementation Procedure
Except as provided herein~ the Authority shall, prior td
July ist of each year, consider increases to current ~ees, or ~he
24
J 1~~ ~~~
imposition of new fees, which affect rates for municipal solid
waste colYection and disposal. Each affected member Agency sha13
be notified by July 15th of the action taken. The effective date
of any increase shall not be earlier than the following January
ist. Yn the event that a fee adjustment is required on a different
schedulep the Authority shall obtain approval as follows:
Two-thirds of the Agencies which are affected, or whose ratepayers
are affected, by the fee must approve of such action prior to
implementation of a new fee or any increase in an existing fee.
After forty-five days from Authority approval of a fee adjustment,
if any agency has not, in writing, expressed its disapproval, it
shall be deemed that the Agency has given its approval.
15. ~-G: AMENDMENTS
This Agreement may be amended by the affirmative vote of
the governing bodies of not less than two-thirds of all member
Agencies.
36. ~-~ 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.
25
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
~~~~ ~
County of Alameda
By
City of Alameda
By
City of Albany
By
City of Berkeley
By
City of Dublin
By
City of Emeryville
By
26
Dated:
Dated:
Dated:
Dated:
Dated:
Dated:
City of Fremont
By
~~~~ ~
City of Hayward
By
City of Livermore
By
City of Newark
By
City of Oakland
By
City of Piedmont
By
27
Dated:
Dated:
Dated:
Dated:
Dated:
6/23/92
A:\jpa
City of Pleasanton
By
~~~~~~~
City of San Leandro
By
City of Union City
By
Castro Valley Sanitary
District
By
Oro Loma Sanitary District
By
28
December 10, 1991
Mr. Thomas M. Martinsen, Executive Director
Alameda County Waste Management Authority
1933 Davis Street, Suite 308
San Leandro, CA 94577
RE: Your Letter dated November 22, 1991 Requesting Comments on the
lOth Draft JPA
Dear Tom:
At the regular City Council meeting on December 9, 1991, the City
Council reviewed the lOth Draft JPA. At the direction of the City
Council, I am forwarding comments in four areas addressed in the
proposed JPA.
The City Council is quite appreciative of the effort to date to
develop a JPA which appropriately addresses the needs of inember
agencies. In addition, I have had an opportunity to review the
changes incorporated in the 12th Draft of the proposed JPA. The
changes addressed in this letter are applicable to the most recent
version of the document.
It is the position of the Dublin City Council that prior to
presentation of a JPA to the member agencies that the following
modifications should be made:
1. Appointment of "replacement appointments" on Local Task Force
(LTF) [ Sectlon 5 !q)~paqe 10 ]
The City Council believes that the manner to be used for all
appointments to the Local Task Force should be in accordance with
Section 40950 of the Public Resources Code. This law requires
approval of the membership by a majority of the cities, with a
majority of the population and the approval of the County Board
of Supervisors. This method is also consistent with a letter
dated October 13, 1990 from the Integrated Waste Management Board
(See Exhibit A). The language contained in the proposed JPA
suggests that "replacement appointments" be handled by the
Authority. This could affect the balance of the LTF membership,
given that local agencies would no longer review the composition
of the Task Force until a new one is formed in five years. The
City Council believes that the review process is an important
opportunity to assure that the Task Force is balanced and
reflects concerns of the community. Also, the authorizing
legislation does not provide for a separate process for
"replacement appointments."
E~E~~B
!T ~
2. Hazardous Waste Advisory Committee Composition
1Section 5(q) Paqes 11 and 121
The proposed JPA references an Advisory Committee formed pursuant
to Health & Safety Code Section 25135.2. As stated in this
section of State Law, there are certain minimum criteria for the
membership of such a committee (Exhibit B). The City Council
recommends that at a minimum the membership must reflect the
requirements found in the Health & Safety Code (i.e. one
representative each from: industry, environmental organization,
the public, and 3 members representing cities appointed by the
City Selection Committee). The City Council concurs with the
recommendation to reduce the number of inembers in order to more
efficiently address hazardous waste issues. Following State Law
will provide an opportunity for a balance on this Committee. The
language in the Draft JPA is ambiguous on whether each of the
stated categories has a minumum number of representatives.
3. Offsite Multi-user Hazardous Waste Facility User Fees & Taxes
~Section 13(a) Pages 18-191
The proposed JPA suggests that in certain circumstances the
Authority should be allowed to collect fees identified in Health
& Safety Code Section 251~'3.5 (Exhibit C). The language also
suggests that the Authority utilize these fees for programs which
complement the Authority's hazardous waste plans and programs.
The City Council believes that the language in the JPA
;contradicts the authorized uses specified in State Law. Further,
the City of Dublin does not feel that it is prudent for an agency
'to unilaterally relinquish this revenue mechanism. The law
explicitly identifies with certain exceptions, that the fee is
limited to 10% of the gross revenue of a facility. The use of
this revenue is limited to the city's "...duties related to the
operation of the hazardous waste facility upon which the tax is
imposed and for support of the city's fire and emergency
response..." In the event that such a facility were located in a
community, it is important for the local agency to retain sole
control of this revenue mechanism.
The City of Dublin recognizes the desire of the Authority to
identify revenue sources to address Hazardous Waste issues. The
comment is not intended to address whether other sections in
State Law may be appropriate. Further, Section 13[b] on page 19
would still allow any agency levying a fee to enter into a
separate agreement with the Authority on this issue. The City of
Dublin believes that the separate agreement would be the
appropriate location to clearly identify the source of the fee,
the intended use of the fee, and the responsibilities of the
parties. Therefore, the City of Dublin requests that the
original language be maintained in Section 13(a). This would
delete the exception allowing the Authority to impose a fee or
tax pursuant to Health & Safety Code Section 25173.5.
-2-
4. Pro~osed New Section on Increase of Existing Fees or the Levy of
New Fees
For some time the City of Dublin has expressed a need to provide
better linkage between fees levied by the Authority and the
impact on local garbage rates. This has also been the topic of
discussion at the Joint Refuse Rate Review Committee (JRRRC) and
the proposal being made is based upon a suggestion made at a
JRRRC meeting.
Exhibit D contains the proposed language addressing the levying
of fees. The intent is to establish a procedure where agencies
would be informed by July 15th of each year of any modifications
to fees levied by the Authority. The actual effective date could
not be earlier than the following January 1st. It is recognized
that this delay in implementation may impact your recommended
adjustment. For example, if you anticipate a need for an
additional 4 cents per ton for the 12 months in Fiscal Year
1992/93 and it is not implemented until January 1, 1993, you may
need to levy 8 cents per ton for the six months between January
and June of 1993. This would allow you to net the same total
amount over a one year period.
The delay is intended to allow agencies which modify rates in
January adequate time to incorporate the adjustment. The
notification deadline should also accommodate agencies which
collect these fees as part of a property tax assessment. In the
event that a different schedule is deemed necessary, the
adjustment can be made with the approval of all impacted
agencies. This proposal also includes a suggested subsection
related to a long term project which may be undertaken by a group
of Authority members. Given the imbalance in the voting
structure at the Authority, this compromise is intended to allow
an opportunity for a full discussion by the elected officials who
are ultimately responsible for establishing garbage rates.
On behalf of the Dublin City Council, we appreciate the opportunity to
comment on the Draft JFA and look forward to the receipt of a revised
final version for City Council consideration.
Sincerely,
~~~
Paul S. Rankin
Assistant City Manager
cc: Mayor and City Council
Richard C. Ambrose, City Manager
Libby Silver, City Attorney
Clem Shute, ACWMA Counsel PSR:slh a:s1210jpa.psr#7
-3-
,
RESOLUTION NO. - 92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
***************************
APPROVING AN AMENDED JOINT EXERCISE OF POWERS AGREEMENT
FOR WASTE MANAGEMENT (ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY)
WHEREAS, the City of Dublin is a member entity of the Alameda County
Waste Management Authority (AUTHORITY); and
WHEREAS, the AUTHORITY is subject to an amended Joint Powers Agreement
(JPA) effective February 13, 1990; and
WHEREAS, in a Resolution dated February 28, 1990, the AUTHORITY
recognized that certain issues required further analysis; and
WHEREAS, on December 9, 1991, the City Council reviewed a 10th Draft
JPA which was intended to address issues raised in 1990; and
WHEREAS, the Dublin City Council provided comments and recommendations
to the AUTHORITY on the 10th Draft; and
WHEREAS, the proposed amendment as recommended by AUTHORITY Resolution
No. 212 addresses the concerns raised by the City of Dublin; and
WHEREAS, the AUTHORITY has requested that the City of Dublin adopt an
amended JPA as described in Section 16 of the JPA.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby approve the amended Joint Powers Agreement for Waste
Management as described in the Alameda County Waste Management Authority
Resolution No. 212 and transmitted by the President of the Authority on July
31, 1992.
BE IT FURTHER RESOLVED that the City Council does hereby authorize the Mayor
to execute the amended agreement on the behalf of the City of Dublin.
PASSED, APPROVED AND ADOPTED this 24th day of August, 1992.
AYES:
NOES:
ABSENT:
ATTEST;
Mayor
City Clerk
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