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City of San Leandro <br />Meeting Date: March 4, 2013 <br />Staff Report <br />Agenda Section:File Number:13-077 CONSENT CALENDAR <br />Agenda Number:8.I. <br />TO:City Council <br />FROM:Chris Zapata <br />City Manager <br />BY:Debbie Pollart <br />Acting Public Works Director <br />FINANCE REVIEW:Not Applicable <br />TITLE:Staff Report for Resolution Approving an Amendment of the Joint Exercise of <br />Powers Agreement Creating the Alameda County Waste Management <br />Authority <br />SUMMARY AND RECOMMENDATIONS <br />Staff recommends that the City Council approve the resolution to amend the Joint Exercise of <br />Powers Agreement for Waste Management to use the County’s rules as the basis for legal <br />restrictions upon the exercise of power of the board. <br />BACKGROUND <br />The Strategic Workplan adopted by the Alameda County Waste Management Authority and <br />Recycling Board (“the Boards”) directed agency staff to perform a governance review over a <br />two year time period. During the review, agency staff identified a section of the Joint Powers <br />Agreement (JPA) that requires some legal clarification. <br />Section 8, ("RESTRICTIONS UPON EXERCISE OF POWER OF BOARD") is a standard <br />'boilerplate' clause used in most JPAs to make clear that the JPA is not authorized to exercise <br />its powers in contravention of law. However, most JPAs also include a sentence that specifies <br />which member agency legal limitations apply if the boundaries of what is legal vary from <br />member agency to member agency (e.g., limits on procurement practices). In the absence of <br />such a sentence, the most stringent rule of any member agency applies, which in practice <br />might be difficult to ascertain . In practice, the agency has used the County's rules unless they <br />knew of a more stringent member agency rule. <br />On October 9, 2012, the Executive Director, Gary Wolff, of the Alameda County Waste <br />Management Authority and Recycling Board sent a letter to the City of San Leandro <br />requesting that the City approve such an amendment to the JPA . <br />Analysis <br />Page 1 City of San Leandro Printed on 2/26/2013