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RESOLUTION NO. 10,042 <br />RESOLUTION OF THE CITY COUNCIL OF THE CITY OF <br />NEWARK APPROVING AN AMENDMENT TO SECTION 8 <br />OF THE JOINT EXERCISE POWERS AGREEMENT THAT <br />{TREATED THE ALAMEDA COUNTY WASTE <br />MANAGEMENT AUTHORITY TO CLARIFY RULES IN THE <br />EVENT OF A CONFLICT BETWEEN MEMBER AGENCY <br />RULES <br />WHEREAS the Alameda County Waste Management Authority (ACWMA) was <br />founded in 1976 and currently operates under a Joint Exercise of Powers Agreement {JPA) most <br />recently revised October 10, 2008, for the purpose of preparing; adopting, revising, amending, <br />administering, implementing and enforcing the Countywide Integrated Waste Management Plan <br />and Alameda County Hazardous Waste Management Plan; and <br />WHEREAS the ACWMA, as part. of its Strategic Workplan 2024 (developed <br />collaboratively with the Alameda County Source Reduction and Recycling Board) initiated a <br />complete governance review in 2010 which has concluded that a specific amendment to the <br />WMA JPA would promote transparency and efficiency in government, and; <br />WHEREAS Section 8 of the existing WMA JPA does not include typical language that <br />states the member agency rules that govern in the event of a conflict between member agency <br />rules; and <br />NOW, THERFDRE BE IT RESOLVED that the City Council of the City of Newark <br />approves adding the following sentences to the end of Section 8 of the existing WMA JPA: <br />"The manner of exercising powers granted by this Agreement shall be subject to the same <br />restrictions as imposed upon the County of Alameda. If at any time the County of Alameda is <br />not a party to this Agreement, the manner of exercising powers granted by this Agreement shall <br />be subject to the same restrictions as imposed upon the largest city within Alameda County that <br />is a Waste Management Authority member." <br />