HomeMy WebLinkAboutReso - CC - 016-2012RESOLUTION NO. 16-2012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BURLINGAME APPROVING AND AUTHORIZING THE MAYOR
TO EXECUTE AN AMENDMENT TO THE JOINT POWERS
AGREEMENT ESTABLISHING THE BAY AREA BIO -SOLIDS
JOINT POWERS AUTHORITY TO ADD THE CITIES OF SAN
JOSE AND SANTA ROSA TO THE AUTHORITY
WHEREAS, the member agencies of the Bay Area Bio -Solids Joint Powers Agreement have
entered into an agreement to share the costs of developing a financial and environmental evaluation of
established alternatives to Class B land application/landfill ADC/landfill disposal of sewage treatment plant
solid waste, including planning activities for the future development of a Bay Area Bio -Solids recycling
facility; and
WHEREAS, in 2009, the City of Burlingame became a member of the Bay Area Bio -Solids Joint
Powers Agreement so that it could explore the feasibility and cost of disposing of the Burlingame Treatment
Plant's solid waste in an efficient, cost—effective and environmentally -friendly manner; and
WHEREAS, the JEPA now is asking the member entities to adopt a further amendment to the
JEPA in order to allow the City of San Jose and the City of Santa Rosa to enter into the agreement; and
WHEREAS, the City of Burlingame has paid its portion of phase I membership in the JEPA and,
accordingly, the addition of other agencies extends the value of the investment by increasing the available
pool of funds for phase 1 efforts;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Burlingame
hereby approves membership of the City of Burlingame in the Bay Area Bio -Solids Joint Powers Agreement
and authorizes the Mayor to execute the First Amendment the Joint Powers Agreement, in the form attached
hereto and incorporated herein.
LAA
Je Deal, Ma/r
1, Mary Ellen Kearney, Clerk of the City of Burlingame, hereby certify that the foregoing
Resolution was duly and regularly introduced and adopted at a regular meeting of the Burlingame City
Council held on the 19th` day of Mach, 2012, by the following vote to wit:
AYES: Councilmembers: BAYLOCK,BROWNRIGG,DEAL, KEIGHRAN,NAGEL
NOES: Councilmembers: NONE
ABSENT: Councilmembers: NONE
Mary Ell n Kearney, City Clerk
BAY AREA SOLIDS RECYCLING FACILITY
SECOND AMENDMENT
TO
JOINT EXERCISE OF POWERS AGREEMENT
This second amendment to joint powers agreement ("Second Amendment") is dated
, 2012, and is by and among the City and County of San Francisco, a municipal
corporation acting by and through the Public Utilities Commission, and the City of Burlingame,
a municipal corporation, the City of Livermore, a municipal corporation, the City of Millbrae, a
municipal corporation, the City of Richmond, a municipal corporation, the North San Mateo
County Sanitation District, a local public agency of the State of California, the West County
Wastewater District, a local public agency of the State of California, the Central Marin
Sanitation Agency, a local public agency of the State of California, Delta Diablo Sanitation
District, -a local public agency of -the State of..California,.Dublin..San_RamO-aServlces District, a
local public agency of the State of California, Fairfield -Suisun Sewer District, a local public
agency of the State of California, Ironhouse Sanitary District, a local public agency of the State
of California, Sausalito -Marin City Sanitary District, an independent public corporate agency of
the State of California, South Bayside System Authority, a local public agency of the State of
California, Union Sanitary District, a local public agency of the State of California, and Vallejo
Sanitation and Flood Control District, a local public agency of the State of California, all duly
organized and existing under the laws of the State of California and acting by and through their
respective governing bodies.
BACKGROUND
The Parties desire to amend the March 30, 2006 agreement entitled "Joint Exercise of
Powers Agreement, " as amended May 29, 2009 (the "Agreement'), to create a mechanism for
other entities to become Parties to the Agreement upon (i) approval by a majority of then -current
Parties, and (ii) execution of a completed Addendum, as defined below.
The Parties therefore agree as follows:
AGREEMENT
1. Definitions. Defined terms not otherwise defined in this Second Amendment have the
meaning ascribed to them in the Agreement.
2. Definition of Party. The definition of "Party" and "Parties" set forth in the introductory
paragraph of the Agreement is deleted and replaced with the following:
"Each party to this Agreement is a Tarty."'
3. Definition of Addendum. The term "Addendum" means an agreement that is in substantial
Page 1 of 8
costs associated with management of the immediate Project will be credited against its cost
share for the future project.
(g) Any public agency in the Bay Area responsible for processing and/or managing
biosolids may become a Parry to the Agreement upon approval by (i) a majority vote of the
representatives of the then -current Parties on the steering committee, and (ii) the execution of
an Addendum by the incoming Party; provided, however, any Party that becomes a Party
through an Addendum is not subject to Section 5 (a) and Section 5 (b) of this Agreement, but
is instead subject to Section 5 (h).
(h) At the time the then -current Parties consider a request to add a Party through an
Addendum, the then -current Parties will also consider whether any change to the cost sharing
provisions should be made as a condition of adding the proposed party. Unless determined
otherwise by the then -current Parties before the new Party is added, the total payment, or cost
share; due from a Party added to this Agreement by Addendum will be based on the proposed
new Party's 2007 average dry weather flow and will be equal to that of the Party identified
on Exhibit B to the First Amendment that has the same 2007 average dry weather flow as the
proposed new Party. if the new Party's flow is between the 2007 average dry weather flows
of two existing Parties, the total payment of the proposed new Party will be a straight
proportion calculated based on the two closest average dry weather flows and respective
payments shown in Exhibit B to the First Amendment. The total payment made by the new
Party will be added to the remaining balance of payments made by all Parties and shall
increase the amount of funds available to the Parties to carry out the purposes of this
Agreement. The total payment made by a new Party may be made either in one lump sum
amount or through installment payments, as approved by the Steering Committee.
(i) The Steering Committee may grant a credit to a Party for in-kind services in
situations where that Party carries out a demonstration of a new technology that contributes
to the purposes of this Agreement. The resulting decision will be documented by a memo for
all Parties."
6. Effect. Except as modified by this Second Amendment, all provisions of the original
Agreement, as amended by the First Amendment, remain in full force and effect and continue
to bind all Parties hereto.
7. Counterparts. This Second Amendment may be executed in multiple counterparts, each of
which constitutes an original, and all of which together constitute one and the same
agreement.
8. Signatures. The following signatures attest the Parties agreement hereto.
Page 3 of 8
CENTRAL MARIN SANITATION AGENCY
Approved as to form:
Jack Govi
Assistant County Counsel
DELTA DIABLO SANITATION DISTRICT
Approved as to form:
Mary Ann Mason
District Counsel
DUBLIN SAN RAMON SERVICES DISTRICT
Approved as to form:
Robert B. Maddow
General Counsel
FAIRFIELD-SUISUN SEWER DISTRICT
Approved as to form:
Mark Cornelius
District Counsel
Jason R. Dow
General Manager
Gary W. Darling
General Manager
Bert L. Michalczyk
General Manager
Kathy Hopkins
General Manager
Page 5 of 8
SOUTH BAYSIDE SYSTEM AUTHORITY
Approved as to form:
David E. Schricker
General Counsel
UNION SANITARY DISTRICT
Approved as to form:
David M. O'Hara
District Counsel
Daniel Child
Manager
Richard Currie
General Manager
VALLEJO SANITATION AND FLOOD CONTROL DISTRICT
Approved as to form:
Favaro, Lavezzo, Gill, Caretti & Heppell
District Counsel
WEST COUNTY WASTEWATER DISTRICT
Approved as to form:
Alfred A. Cabral
Board Attorney
Ron Matheson
District Manager
E. J. Shalaby
General Manager
Page 7 of 8
v `
O -
^i
-JK
u
u
E
LL
4
N
�
E o
U
L
-
m N j
o
9
c
m
`u
q�
N x
L
-
W •�
�
Q 2 m
Q
V
C
m
TU' E
T
a
zlN
CIL
D
O
a m >
°
mo -2
�
YI
a
Lam' u w
N
N
wH
m
z�d
�
of o- U
W
d `
E
gm
c
ri�
g. g��i
m
�y«
a
p
m
s
a
a
5@ m
C N
O>
m
«p
m
w<
o
y
9
d_
L
-
E5z'wc
m
o
0
O_r$
N
c NVI O
O
NQ
�i�
c
w
K
c m
:n
L
a
O O nT U
L@
C
OO
LL
Com@
o
0 o
U
c
�U
y m m a
a@
o
E
J.
N
a
i
N
W
U
O_ L C 9
OI
m
N
O a L
cu
O C]
O
c
t
E c u o o-
m
o
W
vo
U
y W o
�� U
I4
v
« LL
<L S c «
1;c
4�
am
Em
o
ono -
F
E o W .m. m
ao c
in
N m
a
tcm
0o
LL
r
gv :2 L)
u
2-
HKm
-
C
m
♦ ♦ • • ♦
• ♦
c
n
R
N
N
U
o
�E
-
9
c
m
`u
q�
N x
-
W •�
�
=-ais a
a
= a
bZ
bZ
wH
z�d
�
of o- U
W
gm
c
ri�
g. g��i
s
s
s
m
o
m
v
o
y
m
N
c NVI O
O
NQ
�i�
aVl N�
"N
c m
—VJ
VJ U
7
O C]
Il Ct Ct C) U
U
V Q
�i C•
VJ ¢ i V
Z V1
U
U
�� U
Vl 0
m
�
d
3 p
O
L O
•
3 N
NN
C O
O U
O N
N
C N
O �
Q
d
m=
`o
"-
m o
C R
m
N
E m
c
II d
N
O N
N m
V
u
m
C C
m
m •
O
d
II
v E
r �
m =
o
m
3
c
� o
c
m
.L. j
r •
C p
o N
m
C m
N
U �
O •
N O
a •
� N
N
7