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HomeMy WebLinkAboutRESOLUTION 2026-016 N.C.S. 02-02-2026 Resolution No. 2026-016 N.C.S. Page 1 of 2 Resolution No. 2026-016 N.C.S. of the City of Petaluma, California RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA APPROVING THE TWELFTH AMENDMENT TO THE AGREEMENT WITH ZERO WASTE SONOMA FOR HOUSEHOLD HAZARDOUS WASTE AND AB 939 PROGRAM SERVICES WHEREAS, CITY and the Sonoma County Waste Management Agency (also known as Zero Waste Sonoma, “AGENCY”) entered into an Agreement effective January 1, 2005 and terminating on January 1, 2006, governing the use of AGENCY’s Household Hazardous Waste Facility (hereinafter the "Agreement"); and, WHEREAS, CITY and AGENCY have amended the Agreement eleven times since it initial adoption; and, WHEREAS, CITY and AGENCY wish to amend the Agreement for a twelfth time to extend the term of the Agreement for with a new expiration of June 30, 2030. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Petaluma as follows: SECTION 1. FINDINGS. The City Council hereby finds: 1. That the foregoing recitals are true and correct and hereby incorporates them into this ordinance as findings and determinations of the City Council. 2. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378, adopting the twelfth amendment to the agreement with Zero Waste Sonoma for Household Hazardous Waste and AB 939 Program Services does not meet CEQA's definition of a “project,” because the action does not have potential for resulting in a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and the action constitutes organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment because the amendment merely extends the term of an existing agreement for administrative purposes and does not involve any physical changes or expansion of services. SECTION 2: RATIFICATION OF EXHIBIT A. – The Twelfth Amendment to the Agreement for Household Hazardous Waste and AB 939 Program Services, attached hereto as Exhibit A, is affirmed to be in effect and in full force since its commencement on January 1, 2005. SECTION 3: SEVERABILITY. If any part of this resolution is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining parts of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each of its provisions irrespective of any part being held invalid. SECTION 4: EFFECTIVE DATE. This resolution shall become effective immediately. // Docusign Envelope ID: E3D93E9B-134C-40A4-9D94-EBE2D18E2F88 Resolution No. 2026-016 N.C.S. Page 2 of 2 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 Council of the City of Petaluma at a Regular meeting on the 2nd day of February 2026, by the following vote: Approved as to form: __________________________ City Attorney AYES: McDonnell, Barnacle, Cader Thompson, DeCarli, Nau, Quint, Shribbs NOES: None ABSENT: None ABSTAIN: None ATTEST: ______________________________________________ City Clerk ______________________________________________ Mayor Attachment: Exhibit A - Twelfth Amendment Docusign Envelope ID: E3D93E9B-134C-40A4-9D94-EBE2D18E2F88 Exhibit A TWELFTH AMENDMENT TO AGREEMENT Household Hazardous Waste and AB 939 Program Services This Twelfth Amendment to Agreement, effective the 2nd day of February, 2026, (“Effective Date”), is made and entered into by and between the City of Petaluma, a municipal corporation and a charter city, hereinafter referred to as "CITY," and the Sonoma County Waste Management Agency, a joint powers agency also known as Zero Waste Sonoma, hereinafter referred to as “AGENCY." WHEREAS, CITY and AGENCY entered into an Agreement effective January 1, 2005 and terminating on January 1, 2006, governing the use of AGENCY’s Household Hazardous Waste Facility (hereinafter the "Agreement"); and WHEREAS, CITY and AGENCY approved the First Amendment to the Agreement to extend the term of the Agreement for an additional six (6) months, until June 30, 2006; and, WHEREAS, CITY and AGENCY approved the Second Amendment to the Agreement to (1) add additional services for compliance to the requirements mandated by AB 939, (2) compensate the AGENCY for services managed and performed by the AGENCY, and (3) extend the term of the Agreement for an additional twelve (12) months, until June 30, 2007; and, WHEREAS, CITY and AGENCY approved the Third Amendment to the Agreement to compensate the AGENCY for services managed and performed by the AGENCY, and extend the term of the Agreement for an additional twelve (12) months, until June 30, 2008; and, WHEREAS, CITY and AGENCY approved the Fourth Amendment to the Agreement to compensate the AGENCY for services managed and performed by the AGENCY, and extend the term of the Agreement for an additional twelve (12) months, until June 30, 2009; and, WHEREAS, CITY and AGENCY approved the Fifth Amendment to the Agreement to compensate the AGENCY for services managed and performed by the AGENCY, and extend the term of the Agreement for an additional twelve (12) months, until June 30, 2010; and, WHEREAS, CITY and AGENCY approved the Sixth Amendment to the Agreement to compensate the AGENCY for services managed and performed by the AGENCY, and extend the term of the Agreement for an additional twelve (12) months, until June 30, 2011; and, WHEREAS, CITY and AGENCY approved the Seventh Amendment to the Agreement to compensate the AGENCY for services managed and performed by the AGENCY, and extend the term of the Agreement for an additional twelve (12) months, until June 30, 2012; and, WHEREAS, CITY and AGENCY approved the Eighth Amendment to the Agreement to extend the term of the Agreement for an additional thirty-six (36) months, until June 30, 2015, and, WHEREAS, CITY and AGENCY approved the Ninth Amendment to the Agreement to extend the term of the Agreement for an additional twelve (12) months, until June 30, 2016, and, WHEREAS, CITY and AGENCY approved the Tenth Amendment to the Agreement to adjust the compensation to the AGENCY by the CITY and extend the term of the agreement through the earlier of the expiration of the term of the joint exercise of powers agreement establishing the AGENCY, or June 30, 2019, and, WHEREAS, CITY and AGENCY approved the Eleventh Amendment to the Agreement to adjust the compensation to the AGENCY by the CITY and extend the term of the agreement through the earlier of the expiration of the term of the joint exercise of powers agreement establishing the AGENCY, or June 30, 2024, Docusign Envelope ID: E3D93E9B-134C-40A4-9D94-EBE2D18E2F88 Exhibit A and, WHEREAS, CITY and AGENCY wish to amend the Agreement for a twelfth time to extend the term of the Agreement for an additional six (6) years, until June 30, 2030. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained in this Twelfth Amendment, AGENCY and CITY agree as follows: Section 1. Section 3 of the Agreement, “Term,” is amended to read as follows: 3. Term. The term of this Agreement commences on the effective date of January 1, 2005 and terminates at midnight on June 30, 2030, unless extended or terminated sooner pursuant to the provisions of this Agreement. Section 2. The CITY and AGENCY hereby affirm that the Agreement as amended to date has continued in full force and effect since its commencement on January 1, 2005. Section 3. Except as expressly amended hereby, all the remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Twelfth Amendment to the Agreement to be executed as of the date first set forth above. CITY OF PETALUMA SONOMA COUNTY WASTE MANAGEMENT AGENCY ___________________ __________________________ City Manager Agency Chair ATTEST: ____________________ City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: _____________________ _____________________ City Attorney Agency Counsel APPROVED: ______________________ Risk Manager APPROVED: _______________________ Finance Director Docusign Envelope ID: E3D93E9B-134C-40A4-9D94-EBE2D18E2F88