Resolution 15441CITY OF ALAMEDA RESOLUTION NO. 15441
AUTHORIZING THE INTERIM CITY MANAGER TO ENTER INTO A
JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING AND
GOVERNING OPERATION OF THE COLLECTION SYSTEM
TECHNICAL ADVISORY COMMITTEE AND DEFENDANT'S SIDE
AGREEMENT TO FACILITATE CONSENT DECREE COMPLIANCE
WHEREAS, the City of Alameda (City) owns and operates the local sanitary sewer
collection system and discharges the sanitary flow an interceptor owned by the East Bay
Municipal Utility District (EBMUD) where it is conveyed to a regional treatment plant, also
owned by EBMUD; and
WHEREAS, the City and the six other tributary agencies to the regional treatment
plant, along with EBMUD, entered a Joint Exercise of Powers Agreement in 1979, with
an amendment in 1986, to contract for and administer common services to realize cost
savings through economies of scale; and
WHEREAS, the Environmental Protection Agency filed suit against EBMUD and a
separate suit against each of the tributary collection systems, including the City; and
WHEREAS the lawsuits were combined and settled with the terms of the
settlement codified in the 2014 Final Consent Decree for Case Nos. C09-00186 and 09-
05684;and
WHEREAS, the existing JPA is outdated and the proposed JPA updates the
chronology of regulatory action and refines the stated purpose of the JPA to include
coordination on individual and jointly funded Consent Decree projects so that tributary
agencies can benefit from valuable services at a cost that continues to benefit from
economies of scale; and
WHEREAS, the Defendant's Side Agreement to facilitate Consent Decree
Compliance ("Defendant's Side Agreement") specifies cost allocation in certain
circumstances, specifies an arbitration for any disagreement among the Consent Decree
defendants regarding revised work plans, and contains a Roles and Responsibilities
arrangement between the City of Alameda and EBMUD regarding implementation of the
Regional Private Sewer Lateral program; and
WHEREAS, both the proposed JPA and Defendant's Side Agreement are needed
for the successful implementation of the City's Consent Decree obligations; and
WHEREAS, these Agreements will help protect ratepayers and the City from
stipulated fines under the Consent Decree and/or other litigation involving the City's sewer
collections system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda
that the Interim City Manager is authorized to enter into a Joint Exercise of Powers
Agreement Establishing and Governing Operation of the Collection System Technical
Advisory Committee and Enter into a Defendant's Side Agreement to Facilitate Consent
Decree Compliance.
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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 a regular meeting
assembled on the 16th day of October 2018, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer-5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the seal of
said City this 17th day of October 2018.
APPROVED AS TO FORM:
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Janet C(Kern, City Attorney
City of Alameda
Clerk