Resolution 12166CITY OF ALAMEDA RESOLUTION NO. 121FF
CONSENTING TO INCLUSION OF CITY'S TERRITORY IN
THE COUNTY OF ALAMEDA COUNTY SERVICE AREA FOR
LEAD ABATEMENT AND AUTHORIZING EXECUTION OF
JOINT POWERS AGREEMENT AND RELATED DOCUMENTS
WITH ALAMEDA COUNTY
WHEREAS, lead poisoning is a recognized health hazard;
WHEREAS, it is expected that the current federal standard for
a safe blood lead level will be reduced from twenty -five (25)
micrograms per deciliter to ten (10) micrograms per deciliter
within the year;
WHEREAS, a 1987 study conducted by the California Department
of Health found that 15 percent of the children studied in the
State had blood lead levels exceeding fifteen (15) micrograms per
deciliter;
WHEREAS, the majority of victims of household lead poisoning
are children under seven years of age; and elevated lead in blood
can result in reduction in intelligence, speech and language
impairment, learning disabilities and adverse effects on heme
biosynthesis and vitamin D and calcium metabolism;
WHEREAS, removal of environmental lead in households would be
a major step in preventing lead poisoning;
WHEREAS, lead paint used for residential purposes was not
banned until 1978;
WHEREAS, there are many homes in the City that were built
before 1978 that potentially contain lead paint;
WHEREAS, the City Council expresses its concern and intent to
protect the children of the City and to abate the environmental
lead from the City and;
WHEREAS, the County of Alameda in accordance with the State,
cities, and community organizations, has developed a program to
screen and abate household lead;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Alameda hereby consents to and requests inclusion of its
territory in the County of Alameda County Service Area for Lead
Abatement ( "CSALA ") subject to the conditions set forth in this
resolution;
BE IT FURTHER RESOLVED that the City Council grants its
consent pursuant to the following conditions:
1. The County and each participating City, prior to any
assessment being made against any property in the CSALA shall
execute a Joint Powers Agreement creating a Joint Powers
Authority.
2. Membership of the Authority shall be comprised of the
County of Alameda and each participating City. Unincorporated
areas of the County shall be represented by the County. Each
member's vote on the Authority shall be proportional to its
respective property assessment contribution from its
jurisdiction, with each jurisdiction having at least one vote.
The votes of each member shall be cast by one representative
of each member.
3. The Authority shall be empowered to develop policies and
programs and to take such actions as are necessary to
implement a lead abatement program.
4. The Authority shall develop an annual budget, including
levels of assessment rates and expenditures of assessment
monies. The budget, rates, and expenditures will be
considered for approval by the County Board of Supervisors
prior to its setting of annual assessment rates. The CSALA's
basic and special zone rates in the aggregate shall not exceed
$10 per benefit unit unless a higher maximum is approved by
a majority vote of the Authority.
5. The Authority .shall have the power to enter into
contracts with the County of Alameda, participating cities,
and other service providers for the implementation of a lead
abatement program. The funds raised by assessments shall be
available for the use of the Authority according to an
approved budget.
6. The Authority shall make semi-annual progress reports to
the County and the City Council of each participating City for
the duration of the City's participation in the CSALA.
7. For the first three assessment years following the
creation of the CSA and Authority, the City of Alameda shall
withdraw therefrom if the initial assessment rate of $10.00
per unit is increased. After the first three assessment
years, any City shall have the right to withdraw from
membership in the CSALA in the JPA by providing written
notification by May 31. A City's withdrawal from the JPA
shall, if the City is not in breach of the JPA, result in zero
assessment rates within its jurisdiction, and any detachment
from the CSALA is subject to the Cortese-Knox Local Government
Reorganization Act of 1985.
8. Each City and the County shall be indemnified and held
harmless by the Authority from and against all liabilities,
law suits and costs, including attorney's fees, arising out
of the implementation of a lead abatement program except in
the case that the City or County shall contract with the
Authority to provide services. This statement of indemnity
shall not preclude other, more appropriate, agreed upon
indemnity agreements in the Joint Powers Agreement; and
BE IT FURTHER RESOLVED that the City Manager and City Attorney
are authorized to negotiate and execute the Joint Powers Agreement
authorized by this resolution.
I, the undersigned, hereby certify that the foregoing Resolution
was duly and regularly adopted and passed by the Council of the
City of Alameda in regular meeting assembled on the fifteenth of
October, 1991, by the following vote to wit:
AYES: Councilmembers Camicia, Roth and President
Withrow - 3.
NOES: Councilmembers Arnerich and Lucas - 2
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the
official seal of said City this sixteenth day of October, 1991.
44/2(14"
Diane B. Felsch, City Clerk
City of Alameda