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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