HomeMy WebLinkAboutResolution 2016-011 N.C.S. 01/25/2016Resolution No. 2016-011 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE A 1 -YEAR
EXTENSION TO THE TERM OF THE AGREEMENT BETWEEN
THE CITIES OF SONOMA COUNTY AND SONOMA COUNTY
FOR A JOINT POWERS AGENCY TO DEAL WITH
WASTE MANAGEMENT ISSUES
WHEREAS, the City of Petaluma (the "City") is a party to that certain Agreement
between the cities of Sonoma County and Sonoma County for a Joint Powers Agency to deal
with waste management issues, as amended on January 24, 1996 by the First Amendment to the
Agreement, and on March 27, 2014 by the Second Amendment to the Agreement (collectively,
the "Agreement"); and
WHEREAS, the Agreement created the Sonoma County Waste Management Agency
(the "Agency") as a separate public entity in accordance with the requirements of Government
Code section 6500 et seq. (the "Agency"), to provide service to the Sonoma County region on
four primary programs; (1) household hazardous waste; (2) wood waste; (3) yard waste that
otherwise would go to a landfill; and (4) education about the Agency's programs (collectively,
the "Agency Programs"); and
WHEREAS, the Agency further serves as a Regional Agency designated by the
California Integrated Waste Management Board in compliance with Public Resources Code
section 40975 for purposes of implementing, monitoring and reporting programs to meet the
goals established by the Integrated Waste Management Act of 1989 on behalf of the member
cities and County (a "Regional Agency"); and
WHEREAS, the Agreement has a term of twenty-five (25) years, which term expires on
February 11, 2017, which term may be extended from year to year by mutual agreement of the
member cities and County; and
WHEREAS, the expiration of the Agreement would result in the dissolution of the
Agency; and
WHEREAS, the Board of the Agency is engaged in discussion regarding the future of
the Agency and the Agency Programs, including whether to recommend to the member cities
and County to enter into a new or amended joint exercise of powers agreement to continue the
Agency Programs and its service as a Regional Agency, or to address the Agency Programs in
another manner, including transitioning the Agency Programs to one or more other agencies and
potentially establishing a new agency to serve as a Regional Agency for the member cities and
County; and
WHEREAS, the City supports a regional approach to the Agency Programs, but
recognizes that the member cities and County may require additional time beyond the expiration
of the term of the Agreement to negotiate the terms of a new joint exercise of powers agreement
or agree upon an entity or entities to take over responsibility for the current Agency Programs;
and
Resolution No. 2016-011 N.C.S. Page I
WHEREAS, in the event such additional time is needed to determine the future of the
Agency, the City is willing to extend the term of the Agreement for one (1) year from the current
date of expiration; and
WHEREAS, the Agency has indicated that in the event all of the member cities and
County have not agreed upon and designated one or more successor agencies to assume
responsibility for all of the Agency Programs and serve as a Regional Agency for the member
cities and County, or elected to withdraw from the Agency, on or before July 1, 2016, the
Agency will require an additional year to either develop a plan for the continuation of the
Agency Programs, or efficiently transition the Agency's operations to other agencies and/or the
member cities and County.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
that in the event that the City and the other member cities and County have not all agreed upon
and designated one or more successor agencies to assume responsibility for the Agency
Programs and to serve as a Regional Agency for the member cities and County, or have elected
to withdraw from the Agency, on or before July 1, 2016, the City agrees to extend the term of the
Agreement by one (1) year from its current expiration date. Upon such extension, the new
expiration date for the Agreement shall be February 11, 2018.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute and deliver any and all documents necessary to carry out such extension in
accordance with this Resolution.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by thez.Approved as 1c
Council of the City of Petaluma at a Regular meeting on the 25`h day, of January, fo
2016, by the following vote:
`,
City Attorney
AYES:
Albertson, Barrett, Healy, Kearney, Vice Mayor King, Miller
NOES:
None
ABSENT:
Mayor Glass
ABSTAIN: None
ATTEST: ftow, llq�,
City Clerk Vice Mayor
Resolution No. 2016-011 N.C.S. Page 2