HomeMy WebLinkAboutCC Resolution 15217 (Zero Waste Marin Agreement) RESOLUTION NO. 15217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AN AMENDMENT TO REVISED HAZARDOUS AND SOLID
WASTE JOINT POWERS AGREEMENT
WHEREAS, the County of Marin and the Cities of Belvedere, Larkspur, Mill Valley, Novato,
San Rafael, and Sausalito, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and
Tiburon entered into an agreement in 1993 to create a Hazardous and Solid Waste Joint Powers
Authority (JPA), also known as Zero Waste Marin, to work together on the mandates set forth in AB
939. The agreement was amended in 1995 and restated in 1996; and
WHEREAS, the parties to the Zero Waste Marin JPA Agreement now desire an amendment
to the Agreement to reflect administrative updates and changes to certain responsibilities; and
WHEREAS, the City of San Rafael has determined that such adjustments are proper, in the
best interest of all citizens, and will promote public health, safety and welfare; and
WHEREAS, the City Council has reviewed and duly considered the Staff Report,
Amendment, and other associated documents.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
RESOLVE, AS FOLLOWS:
The “Amendment to Revised Hazardous and Solid Waste Agreement County of Marin” attached
hereto as "Exhibit A” and incorporated herein by reference, is hereby approved and shall be
included as part of the Hazardous and Solid Waste Agreement County of Marin. The City Manager
is hereby authorized to execute the Amendment, subject to final approval as to form by the City
Attorney.
I, Lindsay Lara, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was
duly and regularly introduced and adopted at a regular meeting of the City Council of the City of
San Rafael, held on Monday, the 5th day of June, 2023, by the following vote, to wit:
AYES: Councilmembers: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: Councilmembers: None
ABSENT: Councilmembers: None
LINDSAY LARA, City Clerk
EXHIBIT A
Last Revised 4/6/2023
[1]
AMENDMENT TO REVISED HAZARDOUS
AND SOLID WASTE JOINT POWERS
AGREEMENT COUNTY OF MARIN
This AMENDMENT, is entered into this __ day of ____, 2023 pursuant to the
provisions of Title 1, Division 7, Chapter 5, Article 1 (Section 6500 et seq.) of the
California Government Code relating to the joint exercise of powers among the
following parties: The County of Marin (hereafter referred to as the "County"), and
the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael, and Sausalito,
and the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and Tiburon (hereafter
collectively referred to as the "Cities and Towns"), which are all within the County of
Marin.
WITNESSETH:
WHEREAS, County, Cities and Towns entered into a Revised Hazardous and Solid
Waste Joint Powers Agreement (“Agreement”) dated July 1, 1996 for the mutual
exercise of certain functions to meet the goals of the Source Reduction and Recycling
Element mandated by State Public Resources Code Sections 40900 to 43000 and the
adoption and implementation of the Household Hazardous Waste Element required by
Sections 25135 to 25135.8 of the Health and Safety Code; and
WHEREAS, effective June 30, 2023, the City of San Rafael desires to terminate its
agreement to operate the Household Hazardous Waste program on behalf of the Marin
County Hazardous and Solid Waste Management Joint Powers Authority; and
WHEREAS, the parties seek to make amendments to the Agreement to clarify the
Agreement terms.
NOW, THEREFORE, in consideration of the mutual promises and covenants
hereinafter contained, the parties hereto do hereby amend the Agreement as follows:
EXHIBIT A
Last Revised 4/6/2023
[2]
1. The Second Paragraph of Section A of the Preamble (Scope of the
Agreement) is hereby amended and restated in its entirety and shall
hereafter be and read as follows:
Responsibilities for programs in the Certified Unified Program Agency
(CUPA), which include the Hazardous Materials Business Plan
Program, Risk Management and Prevention Plan Program,
Aboveground Storage Tank Program, Underground Storage Tank
Program, the Hazardous Waste Generator Program and the Tiered
Permit On-Site Treatment Program, are to be managed as provided
for by state law. The County will administer these programs for the
County, Cities and Towns.
2. Section D of the Preamble (AB 939 Local Task Force) is hereby amended
and shall hereafter be and read as follows:
The Board will establish and be advised by an AB 939 Local Task
Force, whose composition, duties, and authority are specified in
Public Resources Code Section 40950. The Task Force will include
at least two representatives of waste haulers, one representative of
an environmental organization, two representatives of special districts
involved in the regulation and disposal of waste, and five public
representatives with technical expertise in solid waste, recycling and
organics management appointed by the member agencies serving on
the Executive Committee established in this Agreement.
3. Article 18 is added to the Agreement as follows:
ARTICLE 18: DESIGNATED ENTITY
Except as otherwise permitted by law, and pursuant to Government
Code section 6509, the parties hereby designate that the JPA shall be
subject to the restrictions upon the manner of exercising its powers
that are applicable to the County.
EXHIBIT A
Last Revised 4/6/2023
[3]
4. This Amendment shall become effective when representatives of all of the
parties have executed it and shall continue in full force and effect until
terminated by an agreement executed by all parties.
5. Except as expressly modified by this Amendment, all other terms and
conditions of the Agreement not specifically modified, amended or
superseded herein remain unchanged and in full force and effect.
6. This Amendment may be executed in any number of counterparts, each of
which will be entitled to be the original and all of which will constitute one
and the same agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their proper officers thereunder duly authorized and effective as of the
date of execution of all parties hereto.
EXHIBIT A
Last Revised 4/6/2023
[4]
COUNTY OF MARIN
Date: ________________ Title: _________________ Signature: _________________________
CITY OF BELVEDERE
Date: ________________ Title: _________________ Signature: _________________________
CITY OF LARKSPUR
Date: ________________ Title: _________________ Signature: _________________________
CITY OF MILL VALLEY
Date: ________________ Title: _________________ Signature: _________________________
CITY OF NOVATO
Date: ________________ Title: _________________ Signature: _________________________
CITY OF SAN RAFAEL
Date: ________________ Title: _________________ Signature: _________________________
CITY OF SAUSALITO
Date: ________________ Title: _________________ Signature: _________________________
TOWN OF CORTE MADERA
Date: ________________ Title: _________________ Signature: _________________________
TOWN OF FAIRFAX
Date: ________________ Title: _________________ Signature: _________________________
TOWN OF ROSS
Date: ________________ Title: _________________ Signature: _________________________
TOWN OF SAN ANSELMO
Date: ________________ Title: _________________ Signature: _________________________
TOWN OF TIBURON
Date: ________________ Title: _________________ Signature: _________________________