2013/12/10 City Council Resolution 2013-169RESOLUTION NO. 2013-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE
CITIES OF SONOMA COUNTY AND THE COUNTY OF SONOMA FOR A JOINT
POWERS AGENCY TO DEAL WITH WASTE MANAGEMENT ISSUES
WHEREAS, the cities of Sonoma County and the County of Sonoma entered into a Joint
Powers Agreement to create the Sonoma County Waste Management Agency to manage waste
related programs, including : (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; and
WHEREAS, it has now become necessary to clarify certain provisions of the Agreement
in regards to Section 2, Purpose of the Agreement; and Section 14, Joint Powers Agency
Authority to Adopt Regulations;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Rohnert Park hereby approves the Second Amendment to the Agreement between the Cities of
Sonoma County and the County of Sonoma for a Joint Powers Agency, attached hereto as
Exhibit A and authorizes the City Manager to execute the amendment of behalf of the City.
DULY AND REGULARLY ADOPTED this 10 "' day of December, 2013.
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ATTEST:
CITY OF ROHNERT PARK
Pam Stafford, Mayor
oAnne Buergler, City CIA
Attachment — Exhibit A
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Exhibit A
SECOND AMENDMENT TO
AGREEMENT BETWEEN THE CITIES OF SONOMA COUNTY AND SONOMA
COUNTY FOR A JOINT POWERS AGENCY TO DEAL WITH WASTE
MANAGEMENT ISSUES
THIS SECOND AMENDMENT ( "AMENDMENT ") to the Agreement Between
the Cities of Sonoma County and Sonoma County for a Joint Powers Agency to Deal with Waste
Management Issues, dated as of , 201_, is by and between the Cities and Town of
Sonoma County and the County of Sonoma.
RECITALS
WHEREAS, the Cities and Town of Sonoma County and the County of Sonoma entered into that
certain Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers
Agency to Deal with Waste Management Issues (Agreement "); and
WHEREAS, it has become necessary to clarify certain provisions of the Agreement.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties do agree as follows:
AGREEMENT
1. Section 2 of the Agreement (Purpose of Agreement) is hereby amended to read as
follows:
"Section 2. Purpose of Agreement
The purpose of this Agreement is to create the Sonoma County Waste Management
Agency and to describe the terms and provisions by which the Agency will handle the
four (4) initial 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. Pursuant to the terms of this Agreement, the Participants may agree, in
writing, to additional duties, responsibilities, and programs, including any program
enacted by ordinance. Each Participant executing this Agreement may elect to
participate in any or all of the Agency's non -core programs, including any single use
carryout bag ordinance. Core programs are defined to be household hazardous waste,
wood waste, yard waste, education and required reporting. Should any Participant
elect to not participate in a non -core program, including any single use carryout bag
ordinance, there will be no reduction in the Participant's fiscal participation."
2. Section 14 of the Agreement (Joint Powers Agency Authority to Adopt Regulations)
is hereby amended to read as follows:
"Section 14. Joint Powers Agency Authority to Adopt Regulations
no
Participants agree that the primary purpose of this Agreement is to create an Agency
to treat wood waste and yard waste, to collect, store, and dispose of household
hazardous waste, to educate the public regarding waste issues, and, pursuant to the
terms of this Agreement, including any Amendments, to adopt any future programs
the Board determines are needed or desirable. The Joint Powers Agency may, from
time to time, adopt uniform rules and regulations, in any form, including orders,
resolutions and ordinances, to carry out these purposes."
Except to the extent the Agreement is specifically amended hereby, the Agreement,
together with exhibits and the First Amendment is, and shall continue to be, in full
force and effect as originally executed, and nothing contained herein shall be
construed to modify, invalidate or otherwise affect any provision of the Agreement or
any right of the Agency arising thereunder.
4. This Amendment shall be governed by and construed under the laws of the State of
California and any action to enforce the terms of this Amendment or for the breach
thereof shall be brought and tried in the County of Sonoma.
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IN WITNESS WHEREOF, the Participants have caused this Amendment to be executed by their
respective governing officials duly authorized by resolution of their respective legislative bodies.
CITY OF CLOVERDALE
ATTESTED:
By:
Its:
City Clerk
CITY OF COTATI
ATTESTED:
By:
Its:
City Clerk
CITY OF HEALDSBURG
ATTESTED:
By:
Its:
City Clerk
CITY OF PETALUMA
ATTESTED:
By:
Its:
City Clerk
CITY OF ROHNERT PARK
ATTESTED:
By:
Its:
City Clerk
CITY OF SANTA ROSA
ATTESTED:
By:
Its:
City Clerk
CITY OF SEBASTOPOL
ATTESTED:
By:
Its:
City Clerk
CITY OF SONOMA
ATTESTED:
By:
Its:
City Clerk
COUNTY OF SONOMA
ATTESTED:
By:
Its:
City Clerk
TOWN OF WINDSOR
ATTESTED:
By:
Its:
City Clerk
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