HomeMy WebLinkAbout2026/08/25 City Council Resolution 2026-068 RESOLUTION NO. 2026-068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT
PARK APPROVING THE FIRST AMENDMENT TO THE AMENDED AND
RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR SONOMA
COUNTY WASTE MANAGEMENT AGENCY
WHEREAS,two or more government agencies are authorized and empowered to
contract with each other for the joint exercise of powers pursuant to the Joint Exercise of
Powers Act(Government Code section 6500 et seq.) (the "JPA Act"); and
WHEREAS, on September 9, 1992,the Members entered into an agreement for a
joint powers agency to deal with waste management issues and the Original Agreement
created a separate public entity known as the Sonoma County Waste Management Agency;
and
WHEREAS,on January 24, 1996 the Members entered into that certain First
Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a
Joint Powers Agency to Deal with Waste Management Issues; and
WHEREAS,on March 27, 2014, the Members entered into that certain Second
Amendment to Agreement Between the Cities of Sonoma County and Sonoma County for a
Joint Powers Agency to Deal with Waste Management Issues; and
WHEREAS, on March 1, 2017,the Members entered into the Amended and
Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management
Agency, which replaced and superseded the Original Agreement and all amendments thereto;
and
WHEREAS,the Amended and Restated Agreement authorizes the Members,
following approval by their governing bodies, to amend the Agreement by unanimous
consent; and
WHEREAS, section 6504 of the JPA Act provides in part that the parties to a joint
exercise of powers agreement may provide that(a) contributions from the treasuries of the
members may be made for the purpose set forth in the agreement, (b)payments of public
funds may be made to defray the cost of such purpose, (c) advances of public funds may be
made for the purpose set forth in the agreement, such advances to be repaid as provided in
said agreement, or(d)personnel, equipment or property of one or more of the parties to the
agreement may be used in lieu of other contributions or advances; and
WHEREAS, as allowed by Section 6504 of the JPA Act, the Members desire to
amend the Agreement to expressly provide that any of the Members may, at their sole
individual discretion, make contributions,payments, advances, or provide personnel,
equipment or property to the Agency, subject to the conditions set forth in this First
Amendment.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Rohnert Park finds as follows:
1. That the Recitals set forth above are true and correct and are incorporated herein by
reference.
2. That the proposed action is exempt from the requirements of the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section
15378(b)(4), in that, approving this action does not meet CEQA's definition of a
"project," because the action does not have the potential for resulting either a direct
physical change in the environment or a reasonably foreseeable indirect physical change
in the environment, and because this is an administrative activity of governments that
will not result in direct or indirect physical changes in the environment.
3. That the First Amendment to the Amended and Restated Joint Exercise of Powers
Agreement for Sonoma County Waste Management Agency is hereby approved, that the
Mayor and City Manager or Desiree are hereby authorized to execute the First
Amendment(Exhibit A)to this Resolution.
DULY AND REGULARLY ADOPTED BY THE CITY COUNCIL OF THE CITY
OF ROHNERT PARK ON this 25th day of August 2026.
CITY OF ROHNERT PARK
2.‘yL______/—
Emily Sanborn, Mayor
ATTEST:
Sylvia Lopez Cuevas, City Clerk
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Michelle . Kenyon, City Attorney
Attachment: Exhibit A /��
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AYES: ( NOES: (,) ABSENT: (0) ABSTAIN: ( 9)
Resolution 2026-068
Page 2 of 2
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FIRST AMENDMENT TO
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR
SONOMA COUNTY WASTE MANAGEMENT AGENCY
This FIRST AMENDMENT TO AMENDED AND RESTATED JOINT EXERCISE OF
POWERS AGREEMENT (“First Amendment”) is made this ____ day of ___________, 2026
(“Effective Date”) by and between the COUNTY OF SONOMA, a political subdivision of the
State of California, the CITIES OF CLOVERDALE, COTATI, HEALDSBURG, PETALUMA,
ROHNERT PARK, SANTA ROSA, SEBASTOPOL, SONOMA AND WINDSOR, each a
municipal corporation of the State of California (the County and Cities are referred to individually
herein as a “Member” and collectively as the “Members”).
RECITALS
A. The Members are authorized and empowered to contract with each other for the
joint exercise of powers pursuant to the Joint Exercise of Powers Act (Government Code section
6500 et seq.) (the “JPA Act”); and
B. On September 9, 1992, the Members entered into an agreement for a joint powers
agency to deal with waste management issues (“Original Agreement”) and the Original
Agreement created a separate public entity known as the Sonoma County Waste Management
Agency; and
C. On January 24, 1996 the Members entered into that certain First Amendment to
Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency
to Deal with Waste Management Issues; and
D. On March 27, 2014, the Members entered into that certain Second Amendment to
Agreement Between the Cities of Sonoma County and Sonoma County for a Joint Powers Agency
to Deal with Waste Management Issues; and
E. On March 1, 2017, the Members entered into the Amended and Restated Joint
Exercise of Powers Agreement for the Sonoma County Waste Management Agency, which
replaced and superseded the Original Agreement and all amendments thereto (“Agreement”); and
F. The Agreement authorizes the Members, following approval by their governing
bodies, to amend the Agreement by unanimous consent; and
G. Section 6504 of the JPA Act provides in part that the parties to a joint exercise of
powers agreement may provide that (a) contributions from the treasuries of the members may be
made for the purpose set forth in the agreement, (b) payments of public funds may be made to
defray the cost of such purpose, (c) advances of public funds may be made for the purpose set forth
in the agreement, such advances to be repaid as provided in said agreement, or (d) personnel,
equipment or property of one or more of the parties to the agreement may be used in lieu of other
contributions or advances; and
H. As allowed by Section 6504 of the JPA Act, the Members desire to amend the
Agreement to expressly provide that any of the Members may, at their sole individual discretion,
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make contributions, payments, advances, or provide personnel, equipment or property to the
Agency, subject to the conditions set forth in this First Amendment.
AGREEMENT
1. Section 3.B.xv. is hereby added to the Agreement to read as follows:
“xv. The Agency may accept from the Members, and each of the Members may make,
at their sole discretion, (a) contributions from any of the Members’ treasuries to be used in
furtherance of the purposes set forth in this Agreement, (b) payments of public funds from any of
the Members to defray the cost of the purposes set forth in this Agreement, (c) advances of public
funds for any of the purposes set forth in this Agreement, including but limited to advances in the
form of loans or lines of credit, with such advances to be repaid pursuant to terms set forth in a
written agreement between the Agency and the Member contributing such advances, the terms of
which must be approved by the Agency Board of Directors and the governing body of the
applicable Member, or (d) personnel, equipment or property of one or more of the Members may
be used in lieu of other contributions or advances, subject to terms set forth in a written agreement
between the Agency and the Member contributing such personnel, equipment or property, the
terms of which must be approved by the Agency Board of Directors and the governing body of the
applicable Member.”
2. This First Amendment shall affect only the items specifically set forth herein, and
all other terms and conditions of the Agreement shall remain in full force and effect.
[Signature Page to Follow]
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FIRST AMENDMENT TO
AMENDED AND RESTATED JOINT EXERCISE OF POWERS AGREEMENT FOR
THE SONOMA COUNTY WASTE MANAGEMENT AGENCY
IN WITNESS WHEREOF, the Members hereto, unanimously consent, through their
governing bodies, to this First Amendment, and have caused their names to be affixed by their
proper and respective officers as of the day and year first written above.
CITY OF CLOVERDALE, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF COTATI, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
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City Attorney
CITY OF HEALDSBURG, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF PETALUMA, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF ROHNERT PARK, A Municipal
Corporation of the State of California
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By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SANTA ROSA, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SEBASTOPOL, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
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City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF SONOMA, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
COUNTY OF SONOMA, A Municipal
Corporation of the State of California
By:
Chair
Board of Supervisors
ATTEST:
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Clerk of the Board of
Supervisors
APPROVED AS TO FORM:
County Counsel
TOWN OF WINDSOR, A Municipal
Corporation of the State of California
By:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM:
Town Attorney
ZERO WASTE SONOMA, A California
Joint Powers Authority
By:
Leslie Lukacs
Executive Director
APPROVED AS TO FORM:
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Agency Counsel