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HomeMy WebLinkAboutResolution 93-280 10/25/1993lies®luti®n N®. 93-280 ~,~,~, of the City of Potaluma, California RESOLUTION APPROVING AN AMENDMENT OF THE JOINT POWERS AGREEMENT OF THE CITIES OF SONOMA COUNTY AND THE COUNTY OF SONOMA TO DEAL WITH AB 939 WASTE MANAGEMENT ISSUES WHEREAS, the Sonoma County Waste Management Agency (Agency) Joint Powers Agreement stipulates that a unanimous vote of the total membership of the Agency is required for action on: (1) major program expansion(s); (2) capital expenditures greater than $50,000; and (3) adoption of annual budgets; and WHEREAS, the City of Petaluma, as a member of the Agency, has found such voting requirements to be onerous and burdensome and desires to have the Joint Powers Agreement amended so that only afour-fifths vote of the membership is required for action on (1) capital expenditures greater than $50,000; and (2) adoption of annual budgets; and WHEREAS, the City of Petaluma has reviewed the proposed form of the amendment to the Joint Powers Agreement, attached hereto as Exhibit A (the "Amendment"). NOW, THEREFORE, BE IT RESOLVED, that the Petaluma City Council hereby approves the Amendment and authorizes the Mayor or City Manager to execute the Amendment. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to Council of the City of Petaluma at a (Regular) (I~j~iX~~~~rc$~) meeting ,-- ^ rm on the ..-..-~~1<~-._....... day of .........»~C.1;Ql]~1 :................................ 19.9.3.., by the ~Y ,! following vote: ...!... -•-- ----------•------•--•--... C' y orney AYES: Nelson, Sobel, Shea, Vice Mayor Read, Mayor Hilligoss NOES: Hamilton, Barlas ABSENT: None ~°r ATTEST: .---• ..................... .... ............................................:................... City Clerk ~. GrYJ Mayor Gbimcil File.-._.....-q.-.pp...-•--•---...-...-» CA ]0-85 Res. No. ...... 9.~. .N.A.O..... N.C.S. ./f ~~Rn~T ~' AG BE~'~ T~ CIT~~~ ~~ ~ C~1 SO F~ ~,. JDI 13.5' A~~ ®~~ ~~ s~~ ~r a~~~s This First Amendment {the "Amendment"), dated as Qf 19,~, is by and between tkae Cities o£ the CQUnty of Sonoma and the County of Sanama. AZ1 capitalized terms used herein shall, unless otherwise defined. have the meaning ascribed to those terms in the existing agreecnez~t . R ~e ~r, ~. ~. A ~d a~3 i++~iEf{f.F~;S, the Cita.es of the County of so~.oma and tY~e County of Sonoma entered into that certain :Agreement Hetween the Cities of Sonoma County And Sonc-ma County for a Joint Powers .Agency to Real ~~rith Waste D3anar~ement Issues S "Agreement°' } ; and WHEREAS, the Agreement requires a unanimous vote a# the total membership fog 8~ction on: {1} ma~`c-r grogram capansion{s); {2} capital expenditures greater than ~5Q,Q00; and (3) adopti4~ pf annual budgets; and WI~Sk2SAS, the Cities of the County of Sonoma and the County of Sonoms, have fQUnd such. vt~ting requ#.rements to be onerous and burdensome and desire to amend the Ag~ceement in ordex to allow a fatxr-fifths majoxity of tk~e members to approve oapital expenditures greater than ~54,Q04 and to adapt annual budgets. NCW, THEREFORE, for good and valuable eonaiderata.an, the receipt and sufficiency of which ace hereby ac~aow].edged, the parties hereto agree as fal~,ows: 1. 6ect~.on 4 of the Agreernsnt is hereby amended to .read as foll.pws: ~4, C n w rs ~.~.~ The Joa.nt Fvwers Agency created by this Agreement shall have one member from 8anoma County and az~e member fromeaCh City that joins the Agency {each df whom shall. be an elected Council member, County Supervisor or appointee) . Any city map', at its apti.an, SY~853 ~ mod Rem. ~3-ago acs -].- l~/~4f93 I~1L ~F~~. O= T L E b - L ~ ' C? L elect to join the Agency and have one (1) vote. An appointee shall be an employee of the city or county makia~c~ the appointment, Each member shah have one vote. A qugrurn shall consist of one-half or mare of the members. Th+a majority vote of a quorum is sufficient for action.. Provided, haweveX, a four-~~ifths vote of the totaX m®rnbexship shill be required for action on (1) capital ea~p~enditures greater than ~5Q,~dQ, or 4~) adoption of annual budgets; pXOVided, £uxther, that a urianimvus Grote of the total meml~ershiQ ( i . e. , a 1 ~. members must participate in the votey shall be required fox action on majox' program espanszon(s}. A "major program exp®nsa.on" means anx program or plan far anlrthing b+syaz~d yard and woad ~.za~ate, household hazardous wBSte, and public educati[tn. For purposes o€ meeting tk~e above voting requirements only, a~1y abstentis~ns shall be counted as an affirmative vote. The members of the Agency .shall hold their first meeting within forty-five (45) days after execution of the Joint Qourers ,agreement by all P$rtiaipants at which time it shawl, izz compliance caith the Broovn Act, establish a r.eg~lar m+aeting date and take such other action as it deems alaprapriate to oxganiae tse],f for the orderly concluCt of business. The JPA will contract wzth Sonoma County fuaC staff services vaith the Recyc~.ing., Marketing, and Integr3tec~ Solid Waste I~lanager. 2'. Section. ].6 of the Agreement is hereby amended to read as follows: Se+~~,itan~. Es mat~~n and__t?a_ylnent__~ Q For each fiscaX year the Agency shall prepare sepaxate t?&M buti.gets for (1) housak~old t,azardaus waste Collection, sttarage, and disposal Cattntywide prpg.ram an,d (2) the yard waste Treatment System axed (3) waosi waste Treatment System and (~} the education program. These budgets, and any' other I~udgets 5LB53~ -~~ 10~~a«~ i.oa Re50. G3-a8o MCS x~~~o = z z ~6 _ti z ~a i Agency may y~repare, shall require a four-fifths approval of the total membership of Agency AgrOement. The Agency shall. set fees for the services xt provides to any non-participant, other entity, or person participating in any Agency program. 3. BxGept to the extent. the Agreement is specifically am$nded ar supp~:ernented hereby, the Agreement, toclether with exhibits is, and shtsll continue to be, in ful]~ force axed effect as originally executed, and nothing contained herein shallr or shall be construed to mUdify, invalidate or otherwise aff eCt any pravisican of the Ac~zeement ar any sight of Gountlr' arising thereunder. 4. This Amendment shall be governed by and construed under the internal laws of the State of California:, az~d any action to enforce the teams of this Amendment or for the breach thereof shall be brougiat and tried in the Countlr of Sonoma. I~ Od2TNESS W~[EREt3P', the Participants have caused tk1,1~3 Agresrnerit to be e,xeauted kry their respective governing officials duXy authorised bx resolution of their respective legislative bodies. ATTESTED: City Clerk GSTY 4k` SAA~TA RASA B~; ATTESTED: Ci,tg Clerk ATTESTED: City Clerk ATTESTED: CITY pF ROHldBRT FART By CITY C}F` SEBASTOPOL By, CI'T'Y' t7F S0~1Q1~A Ey City Clerk SLP15~4 -3- 1Q~201g3 aoa ~~~o = z z ~e "i ~ "Q i e5o ~ 3 ~ ~~~ NGS e • • . ~-^- ATTESTED: Cit~- Clerk ATTE$'I~'ED CITY UF' CLQVERDALE Bg* CITY C}F kET.ALDMA By City Clerk ATTESTED: City Clerk ATTESTED: Cit~* Clerk ATTESTERS CITY' pF C©TATI Sy CITY OF REI~LDSHURG By Tt}WN 4F WIAiDSOR ~x Town Clerk ATTESTED: Cs~UNTY OF SQNbMA Gc~unty C~.erk SLH539 6 O d BF ,.,, -~1-- R2so 93 ~ Ro -,~ lp/z4~'~3 I~`i b* 5 0 = T L E 6 - L ~ - G L