Agenda Item #13.4
For Council Meeting of: September 15, 2026
CITY OF SANTA ROSA
CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: DAN HENNESSEY, DIRECTOR, TRANSPORTATION AND PUBLIC WORKS DEPARTMENT SUBJECT: First Amendment to the Amended and Restated Joint Exercise of Powers Agreement for Zero Waste Sonoma AGENDA ACTION: MOTION
RECOMMENDATION
The Transportation and Public Works Department recommends that the Council, by motion: 1) approve the First Amendment to Amended and Restated Joint Exercise of Powers Agreement for Sonoma County Waste Management Agency known as the Zero Waste Sonoma JPA to clarify the Agency's authority to accept loans or other advances from member agencies; 2) authorize the Mayor to execute the amendment on behalf of the City; and 3) authorize the Transportation and Public Works Director, subject to approval as to form by the City Attorney, to approve and execute minor, non-substantive revisions that do not materially alter the intent of the amendment. This item has no impact on current fiscal year budget.
EXECUTIVE SUMMARY
Zero Waste Sonoma (ZWS) (Agency) is seeking approval from each of its member agencies to adopt the First Amendment to the Amended and Restated Joint Exercise of Powers Agreement for Sonoma County Waste Management Agency (Amendment). The proposed Amendment clarifies that member agencies may advance funds to the Agency, including through loans, to support Agency operations and capital projects.
The Amendment is requested in connection with ZWS's plan to finance construction of a new Household Hazardous Waste (HHW) Facility through a line of credit from the County of Sonoma. Approval of the Amendment provides explicit authority within the governing agreement for such financing. No loan is being approved by this action, and the City is not committing any City funds.
GOAL
This item relates to Council Goal #2 – Invest in the Development and Maintenance of the City’s Infrastructure by supporting regional planning and financing for household hazardous waste infrastructure.
BACKGROUND/PRIOR COUNCIL REVIEW
Zero Waste Sonoma is a joint powers authority composed of the County of Sonoma and the incorporated cities within Sonoma County. The Agency administers countywide waste reduction, recycling, household hazardous waste, and related solid waste management programs.
On March 1, 2017, the cities located in Sonoma County and the County of Sonoma entered into an Amended and Restated Joint Exercise of Powers Agreement for the Sonoma County Waste Management Agency (the “JPA Agreement”). The JPA Agreement governs the operations of the Sonoma County Waste Management Agency, also known as Zero Waste Sonoma. The JPA Agreement was unanimously approved by the governing bodies of the member agencies and may be amended only with the unanimous approval of those governing bodies.
On August 15, 2024, the Zero Waste Sonoma Board approved the proposed First Amendment to the JPA Agreement and directed staff to seek approval from each member agency. The Amendment must be approved by all member agencies before it becomes effective.
Separately, the County of Sonoma is considering approval of a line of credit agreement that would provide financing for construction of a new Household Hazardous Waste Facility. That financing action is subject to separate County approval and is not before the City Council.
ANALYSIS
The proposed Amendment adds language expressly authorizing member agencies to advance funds to Zero Waste Sonoma to carry out the Agency's purposes. Although state law already allows joint powers authorities to receive such financial assistance from member agencies, the amendment provides additional clarity within the governing agreement.
Approval of this Amendment does not obligate the City to provide funding, approve a loan, or incur any financial liability. Rather, it establishes clear authority for ZWS to enter into financing arrangements if approved by the appropriate parties.
If all member agencies approve the Amendment, the JPA Agreement will expressly authorize Zero Waste Sonoma to accept loans or other advances from a member agency. Any subsequent loan or line of credit would require approval by the Zero Waste Sonoma Board and the governing body of the member agency providing the funds. No additional approval would be required from member agencies that are not parties to the financing agreement.
FISCAL IMPACT
There is no fiscal impact associated with approval of the proposed amendment. This action does not authorize the expenditure of City funds or commit the City to providing financing to Zero Waste Sonoma.
ENVIRONMENTAL IMPACT
Pursuant to CEQA Guidelines Section 15378(b)(5), the recommended action is not a “project” subject to the California Environmental Quality Act (CEQA) because the amendment is an organizational and administrative action that clarifies Zero Waste Sonoma’s authority to accept contributions, loans, or other advances from its member agencies. Approval of the amendment does not approve a loan or line of credit, commit City funds, authorize construction of the proposed Household Hazardous Waste Facility, or otherwise commit the City or Zero Waste Sonoma to a physical activity that may affect the environment. Any subsequent financing agreement or approval of facility construction will remain subject to separate discretionary approval and applicable environmental review. In the alternative, the recommended action is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that the recommended action will not have a significant effect on the environment.
BOARD/COMMISSION/COMMITTEE REVIEW AND RECOMMENDATIONS
Not applicable.
NOTIFICATION
Not applicable.
ATTACHMENTS
Attachment 1 – Zero Waste Sonoma Staff Report Item (August 15, 2024) Attachment 2 – First Amendment to Amended and Restated Joint Exercise of Powers Agreement for Sonoma County Waste Management Agency
PRESENTER
Dan Hennessey, Director of Transportation and Public Works First Amendment to the Amended and Restated Joint Exercise of Powers Agreement for Zero Waste Sonoma PAGE 3 OF 3