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RESOLUTION NO. 12-211 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EMERYVILLE APPROVING AN AMENDMENT OF THE JOINT EXERCISE OF POWERS AGREEMENT CREATING THE ALAMEDA COUNTY WASTE MANAGEMENT AUTHORITY WHEREAS, the Alameda County Waste Management Authority (ACWMA) was founded in 1976 and currently operates under a Joint Exercise of Powers Agreement (JPA) most recently revised October 10, 2008, for the purpose of preparing, adopting, revising., amending, administering. implementm4 and enforcing the Countywide Integrated Waste Management Plan and Alameda County Hazardous Waste Management Plan; and WHEREAS, the ACWMA, as part of its Strategic Workplan 2020 (developed collaboratively with the Alameda County Source Reduction and Recycling Board) initiated a complete governance review in 2010 which has concluded that a specific amendment to the WMA JPA would promote transparency and efficiency in government; and WHEREAS, Section 8 of the existing WMA JPA does not include typical language that states the member agency rules that govern in the event of a conflict between member agency rules, now, therefore, be it RESOLVED that the City Council of the City of Emeryville approves adding the following sentences to the end of Section 8 of the existing WMA JPA. "The manner of exercising powers granted by this Agreement shall be subject to the same restrictions as imposed by the County of Alameda. If at any time the County of Alameda is not a party to this Agreement, the manner of exercising powers granted by this Agreement shall` be subject to the same restrictions as imposed upon the largest city within Alameda County that is a Waste Management Authority member". ADOPTED by the City Council of the City of Emeryville at a regular meeting held on Tuesday, November 20, 2012. ATTEST: CLERK MA OR [A APPROVED AS TO FORM: is AwCITY OF EMERYVILLE CITY ATTORNEY