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Resolution - 9355RESOLUTION NO. 9355 A RESOLUTION OF THE CITY OF WEST COVINA, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO THE AGREEMENT ,FOR THE EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY WHEREAS, the members of the East San Gabriel Valley Integrated Waste Management Joint Powers Authority ("Authority") have been cooperating since September 1, 1990, for the purpose of developing their Source Reduction and Recycling Elements, Household Hazardous Waste Elements and Nondisposal Facilities Elements in response. to the California Integrated Waste Management Act of 1989 (AB 939)and subsequent amendments, codified in Division 30 of the Public Resources Code commencing with Section 40000, as amended; and WHEREAS, in order to document this cooperation the Members of the Authority (the cities of Baldwin Park, Claremont, Covina, Diamond Bar, Duarte, E1 Monte, Glendora, Irwindale, La Habra Heights, La Verne, La Puente, Pomona, San Dimas, South El Monte, Walnut, West Covina, the County Sanitation Districts of Los Angeles County, and County of Los Angeles) entered into an East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement (the "Agreement"): and Whereas, the current termination date for the Authority is September 1, 1996; and WHEREAS, circumstances have changed that warrant an extension in the Authority's term to June 30, 1997, to wit: A. The first Annual Reports on Waste Diversion are due to be submitted by the cities to the California Integrated Waste Management Board (CIWMB) August 1, 1996. B. The San Gabriel Valley Council of Governments (COG) on May 23, 1996, approved the formation of a COG Waste Management Technical Subcommittee ("Subcommittee"). C. The Subcommittee's mission has not been written, members have not been selected and related matters have not been addressed. D. The CIWMB continues to devise regulations and the State of .California continues to process legislation regarding waste management that affects the ability of JPA Member cities to comply with AB 939. E. The JPA Board wants to give the COG Subcommittee time to commence operations and develop to a level which the JPA can determine is adequate to allow any transition from the JPA to the Subcommittee. WHEREAS, the Amendment No. 4 (attached) changes the termination • date to June 30 1997 unless extended or earlier terminated by written consent of all the members. NOW, THEREFORE, the City Council of the City of West Covina does resolve as follows: SECTION 1. Approves Amendment No. 4 to the Agreement for the East San Gabriel Valley Integrated Waste Management Joint Powers Authority as shown in attached Exhibit 1. CCAMD4 1 PRINTED ON RECYCLED PAPER 7/17/96 Section 2. The City Clerk shall certify to the adoption of this resolution. APPROVED AND ADOPTED THIS 16th day of July, 1996. I Mayor is ATTEST: City Clerk I HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council on the 16th day of July, 1996. AYES: COUNCILMEMBERS: Touhey, McFadden, Herfert, Manners, Wong NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None APPROVED AS TO FORM: %� ,ice/ axon City Attorney CCAMD4 2 - PRINTED ON RECYCLED PAPER 7/17/96 EXHIBIT NO. 1 AMENDMENT NO. 4 TO THE AGREEMENT FOR THE EAST SAN GABRIEL VALLEY INTEGRATED WASTE MANAGEMENT JOINT POWERS AUTHORITY WHEREAS, the members of the East San Gabriel Valley Integrated Waste Management Joint Powers Authority ("Authority") have been cooperating since September 1, 1990, for the purpose of developing their Source Reduction and Recycling Elements, Household Hazardous Waste Elements and Nondisposal Facilities Elements in response to the California Integrated Waste Management Act of 1989 (AB 939)and subsequent amendments, codified in Division 30 of the Public Resources Code commencing with Section 40000, as amended: and WHEREAS, in order to document this cooperation the Members of the Authority (the cities of Baldwin Park, Claremont, Covina, Diamond Bar, Duarte, E1 Monte, Glendora, Irwindale, La Habra Heights, La Verne, La Puente, Pomona, San Dimas, South El Monte, Walnut, West Covina, the County Sanitation Districts of Los Angeles County, and County of Los Angeles) entered into an East San Gabriel Valley Integrated Waste Management Joint Powers Authority Agreement (the "Agreement"): and Whereas, the current termination date for the Authority is September 1, 1996: and WHEREAS, circumstances have changed that warrant an extension in the Authority's term to June 30, 1997, to wit: A. The first Annual Reports on Waste Diversion are due to be submitted by the cities to the California Integrated Waste Management,Board (CIWMB) August 1, 1996. B. The San Gabriel Valley Council of Governments (COG) on May 23, 1996, approved the formation of a COG Waste Management Technical Subcommittee ("Subcommittee"). C. The Subcommittee's mission has not been written, members have not been selected and related matters have not been addressed. D. The CIWMB continues to devise regulations and the State of California continues to process legislation regarding waste management that affects the ability of JPA Member cities to comply with AB 939. E. The JPA Board wants to give the COG Subcommittee time to commence operations and develop to a level which the JPA can determine is adequate to allow any transition from the JPA to the Subcommittee. NOW, THEREFORE, the JPA members agree to amend the Agreement as follows: SECTION 1: Article 10 of the Agreement is hereby amended to read as follows: ARTICLE 10 - TERM The members of the Authority, by their signatures to this Amendment, do agree to extend the term of this Agreement to June 30, 1997, unless extended or earlier terminated by written consent of all the members, evidenced by certified copies of resolutions of their, respective governing bodies. JPAAMD4 1 PRINTED ON RECYCLED PAPER 7/17/96 EXHIBIT NO. 1 SECTION 2: All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number 4 to be executed and attested by their duly authorized officers 40 as of 1111y pp, 1 1996. y A&I City of West Covina Mayor ATTEST -- City Clerk JPAAMD4 2 PRINTED ON RECYCLED PAPER 7/17/96