RESOLUTION NO. (XX)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COTATI APPROVING
THE FIRST AMENDMENT TO THE AMENDED AND RESTATED JOINT
EXERCISE OF POWERS AGREEMENT FOR SONOMA COUNTY WASTE
MANAGEMENT AGENCY AND THE FIRST AMENDMENT TO THE CENTRAL
DISPOSAL SITE AND FORMER LANDFILLS SETTLEMENT AGREEMENT WHEREAS, the City of Cotati (“City”) is a member of the Sonoma County Waste Management Agency ("Agency"), under the Amended and Restated Joint Exercise of Powers Agreement dated March 1, 2017 ("JPA Agreement"); and
WHEREAS, the Agency was created under a joint powers agreement effective September 9, 1992, which was amended on January 24, 1996, and March 27, 2014, and replaced and superseded by the JPA Agreement dated March 1, 2017; and WHEREAS, the JPA Agreement authorizes the members, following approval by their governing bodies, to amend the JPA Agreement by unanimous consent; and WHEREAS, the Agency provides regional programs that include household hazardous waste collection, recycling, and disposal services; and WHEREAS, the Agency has acquired property at 5885 Pruitt Avenue in Windsor for a proposed household hazardous waste (“HHW”) collection facility intended to improve access and service capacity for residents in northern Sonoma County; and WHEREAS, the Agency has requested a revolving line of credit from the County of Sonoma to finance eligible development and construction costs for the proposed facility; and WHEREAS, Government Code section 6504 permits parties to a joint powers agreement to provide for contributions, payments of public funds, repayable advances, or personnel, equipment, and property in lieu of other contributions or advances; and WHEREAS, the proposed First Amendment to the JPA Agreement adds Section 3.B.xv to expressly authorize those forms of support at each member's sole discretion, subject to a written agreement approved by the Agency Board and the governing body of the applicable member; and
WHEREAS, the County proposes to fund the contemplated line of credit from the County Contingent Liability Reserve Fund, the Central Disposal Site Leak Fund, the Sonoma Leak Fund, and the Healdsburg Leak Fund, which requires an amendment to the Central Disposal Site and Former Landfills Settlement Agreement by and between the County of Sonoma and the Committed Cities; and
WHEREAS, the proposed amendments to the Landfill Settlement Agreement are intended to allow the County to loan funds for the purposes of constructing the HHW facility; and WHEREAS, the City Council's approval of the two amendments does not make the City a borrower, lender, guarantor, or party to the County-Agency Credit Agreement and does not authorize construction of the proposed facility; and
WHEREAS, approval of the two interagency amendments is a governmental fiscal and administrative activity that does not itself approve construction or result in direct or reasonably foreseeable indirect physical changes in the environment, and project-level environmental review will occur separately as required.
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Cotati as follows:
1. Finds that the Recitals set forth above are true and correct and are incorporated herein by reference.
2. Approves the First Amendment to the Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency in substantially the form attached as Exhibit A.
3. Approves the First Amendment to the Central Disposal Site and Former Landfills Settlement Agreement in substantially the form attached as Exhibit B.
4. The City Manager is authorized to execute the amendments on behalf of the City, and the City Clerk is authorized to attest and deliver the executed documents as required.
5. The City Manager or designee, in consultation with the City Attorney, may approve minor, non-substantive revisions to the subject amendments that do not materially alter the purpose, financial effect, or risk allocation of the amendments.
6. Nothing in this Resolution authorizes a City expenditure, guarantee, pledge, or repayment obligation under the County-Agency Credit Agreement. No City funds are requested or required, and the City is not approving, lending under, or becoming a party to that agreement.
7. The proposed action is exempt from the requirements of the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15378(b)(4), in that, approving this action does not meet CEQA's definition of a “project,” because the action does not have the potential for resulting either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment, and because this is an administrative activity of governments that will not result in direct or indirect physical changes in the environment.
8. This Resolution takes effect immediately upon adoption. Each amendment becomes effective only in accordance with its own approval and execution requirements.
IT IS HEREBY CERTIFIED that the foregoing resolution was duly adopted at a regular meeting of the City Council of the City of Cotati held on July 28, 2026, by the following vote, to wit:
Approved:___________________________
Mayor
Attest:______________________________
Kevin Patterson, City Clerk
Approved as to form:______________________________
City Attorney