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HomeMy WebLinkAboutFD Household Hazardous Waste (2)AGENDAITEM 9 12 MEETING DATE: REPORT TO MAYOR AND CITY COUNCIL Resolution of San Rafael City Council Approving and Authorizing City SUBJECT: Manager to Take Steps Necessary to Delegate the Responsibili.r-y-for Household Hazardous Waste Management to Joint Powers Autho('it-. SUBMITTED BY:RDb_e APPROVED BY'-- RcA__GQIA WICI Eire Chief 01y, Recommendation: Approve Resolution. This Resolution is to authorize the Marin County Solid and Hazardous Waste Joint Powers Authority to execute services beyond the scope of programs offered tinder the existing Joint Powers Agreement. By approving this Resolution, you will authorize the JPA to include the City of San Rafael in Section 6.2, Household Hazardous Waste and Battery, Oil and Paint Program, and authorize the JPA to collect fees for such programs through landfill tipping fee. This action will not diminish nor resolve the City of San Rafael's authority or ability to manage and implement its own Household Hazardous Waste Facility under its existing permit with the Department of Toxic Substance Control. File No. —A Council meeting TNSDOSition A RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO TAKE STEPS NECESSARY TO DELEGATE THE RESPONSIBILITY FOR HOUSEHOLD WASTE MANAGEMENT TO THE JOINT POWERS AUTHORITY. WHEREAS, the City of San Rafael entered into a Revised Joint and solid Waste Agreement on July 1, 1996, in order to coordinate heir power and authority to implement integrated waste management programs which meet the long term waste management need and requirement of AB939; and WHEREAS, the operation of a household hazardous waste collection program is also mandated by state law; and WHEREAS, Section 6.2 of the Joint Powers Agreement (hereinafter "JPA") allows that member agencies may, by formal action of their governing board, choose whether or not they wish to participate in and fund programs to be developed by the Authority; and WHEREAS, the JPA has a Household Hazardous Waste Program which it has developed in conjunction with the City of San Rafael and funding from the haulers has been allocated; NOW, THEREFORE, BE IT RESOLVED BY THE SAN RAFAEL CITY CKil#Citi! .aection 1. The Authority for the development and implementation of a Household Hazardous Waste Program is hereby delegated to the JPA. ,aection 2. Upon execution of the Household Hazardous Waste Contract, the Authority is hereby delegated full authority to act on behalf of the City of San Rafael in all matters related to the collection of household hazardous materials authority. Section 3. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining Portions or applications of this Resolution. Section 4. The City Manager shall keep the City Council informed of actions taken pursuant to this Resolution and of developments relating to household hazardous waste regulation, Section 5. All resolutions, ordinances or other provisions of county law or parts thereof in conflict herewith are hereby repealed to the extent of such conflict. I, JEANNE M. LEONCINI, 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 Council of said City on Monday, the 18th day of November, 1996, by the following vote, to wit: AYES: COUNCILMEMBERS:Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS:None ABSENT: COUNCILMEMBERS:None UL4 JEANNE M. LEONCINI, City -Clerk MARIN COUNTY WASTE MANAGEMENT JOINT POWERS AUTHORITY RECENED 0 C T 1 4 1 i:93 9 1131 October 10, 1996 Dr ' PT CITI(OF SAFj FAFAAEL Belvedere: Ann Otter TO: Marin County Hazardous and Solid Waste Corte Madera: Joint Powers of Authority James Robinson Dear Board Member: County of Marin Martin Nichols As you know, at your September meeting the JPA decided to contract with the City of San Rafael to provide the household hazardous waste collection program for all municipalities Fairfax: except Novato. San Rafael is preparing a contract for the JPA's consideration. Phil Dorney Larkspur: However, it has been noted the existing JPA Agreement does not contain the necessary language to allow the JPA to enter into the household hazardous waste program. Jean Bonander Therefore, enclosed is a sample resolution drawn up by the JPA's attorney, Alexis Mill Valley: McBride McBride from County Counsel's office, which you should have approved by your Council Doug Dawson or Board to proceed with this program. The Executive Committee has requested you take action on the resolution prior to the JPA's October 28, 1996 meeting. Novato: Pat Eklund In addition enclosed is a Staff Report, provided by Captain Forrest Craig from the San Rafael Fire Department, describing the household hazardous waste program the City of Ross: San Rafael will provide to the JPA. Rabi Elias San Anselmo: The purpose of the enclosed Resolution and Staff Report are to keep process moving on this program. The JPA's attorney has *indicated there may be contract issues to be Beth Pollard resolved before the JPA approves the actual contract with the City, of San Rafael. San Rafael: Rod Gould Please contact me should you wish to discuss these issues. It is requested you sent me a copy of the Resolution once your Council or Board approves it. Sausalito: Brom Artier Very truly vou-17, Tiburon: Andrew Thompson J Rawles Grants Manager JR:aa:e\rawles\-vvj 10 106 Enclosure ccs: Alexis McBride Captain Forrest Craig Marin County Department of Public Works, P.O. Box 4186, San Rafael, CA 94913 Phone: 415/499-6570 - FAX 415/499-3799 KUU11Nb SLIP FOR APPROV,— OF CONTRACT/AGREEMENTS/Oi,,jINANCES/RESOLUTIONS INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF ORIGINAL CONTRACT/ AGREEMENT/ORDINANCE/RESOLUTION BEFORE APPROVAL BY COUNCIL/AGENCY FROM: Fire Department Date: November 8, 1996 Originating Department: 1201111i r�� SRRA//SRCAGENDA ITEM NO. November 18, 1996 DATE OF -ffETTTN-ff Resolution of San Rafael City Council Approving and Authorizing City Manager to Take Steps Necessary to Delegate the Responsibility for Household Hazardous Waste Management to Joint Powers Authority. Robert E. Marcucci, Fire Chief Department Head Signatur-eT 8 (LOWER HALF OF FORM FOR APPROVALS ONL-) REVIEWED BY CITY MANAGER/EXECUTIVE DIRECTOR TO: A S RM: APPROVED AS COUNCIL/AGENCY AGENDA ITEM C-ffy At to net Si#ature NOT APPROVED REMARKS: cc: Finance Director: Attached is one copy of document. Please review for financial impact. white -------City Clerk's Office ,with Oriqinal Document yr— n -------City `4anao-r'5 Office