COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Department of Public Works

DATE:

November 22, 2005

BOARD MEETING DATE:

December 6, 2005

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Neil R. Cullen, Director of Public Works

SUBJECT:

Executive Summary - First Amended and Restated Joint Exercise of Powers Agreement for the South Bayside Waste Management Authority – South Bayside Area of the County

Recommendation

Adopt a resolution authorizing the President of the Board to execute the First Amended and Restated Joint Exercise of Powers Agreement for the South Bayside Waste Management Authority (JPA Agreement).

Vision Alignment

Commitment: Responsive, effective and collaborative government.

Goal(s): County and local governments effectively communicate, collaborate and develop strategic approaches to issues affecting the entire County.

An amendment to the JPA Agreement requires approval of at lease 2/3rds (8 members) of the member agencies of the JPA. Your Board’s approval of the JPA Agreement is part of the approval process.

Background

Previous Board Action

Became a member of the SBWMA in 1982, which is comprised of 12 jurisdictions: Atherton, Belmont, Burlingame, East Palo Alto, Foster City, Hillsborough, Menlo Park, Redwood City, San Carlos, the City of San Mateo, the County of San Mateo, and the West Bay Sanitary District.

History

The SBWMA owns the San Carlos Transfer Station and Recyclery and operates these facilities, including their waste diversion programs, through an agreement with Allied/BFI.

The Authority is in the process of recruiting for its first executive director and an amendment of the SBWMA joint powers agreement is needed to create this position and define its scope. The Authority is also using this opportunity to update the language of the JPA Agreement and to propose some additional changes.

Discussion

The following is a brief summary of the most significant changes to the existing JPA joint powers agreement:

Term -

Continues the agreement for an indefinite period of time past December 31, 2019, until terminated by a two-thirds vote of the directors present when the matter is considered, “or such further period of time necessary to repay any revenue bonds issued by the SBWMA.”

Board Composition -

One director from each agency consisting of the member agency’s City/County Manager, Assistant City/County Manager, Finance Director, Director of Public Works “ or equivalent, but eliminates “their designee.”

Chair of the Board -

Provides that the Chair shall be elected by the Board in lieu of the Chair being the representative from San Carlos.

Executive Director -

Creates the position of the Executive Director who is appointed by the Board and serves at the will of the Board.

SBWMA Powers -

The specific powers dealing with real property, franchise agreements for facilities, and bonds or notes will now require the approval of two-thirds of the governing bodies of the member agencies prior to the Authority’s Board taking a related action.

The staff report also identifies some relevant aspects of the JPA agreement that will remain unchanged if the Proposed First Amended and Restated Joint Exercise of Powers Agreement is approved.

The SBWMA Board of Directors voted to recommend the approval of the proposed
JPA Agreement to the member agencies.

The JPA Agreement and a resolution have been approved as to form by County Counsel.

Fiscal Impact

Neither the activities of the SBWMA nor the County’s participation in the Authority have any impact on the County General Fund. The authority’s expenses are covered by revenue generated by the operation of the San Carlos Transfer Station and Recyclery. The County’s participation in the Authority is an expense of the County’s Solid Waste Fund.