HomeMy WebLinkAboutItem 5j. Adopt the second amendment to IWMA JPA and first amendment to IWMA MOA Item 5j
Department: Utilities
Cost Center: 6107
For Agenda of: 11/16/2021
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Jordan Lane, Solid Waste and Recycling Coordinator; Rebecca Bernstorff,
Community Services Group Business Manager
SUBJECT: ADOPTION OF SECOND AMENDMENT TO THE INTEGRATED WASTE
MANAGEMENT AUTHORITY (IWMA) JOINT POWERS AGREEMENT
AND FIRST AMENDMENT TO THE IWMA MEMORANDUM OF
AGREEMENT
RECOMMENDATIONS
1. Adopt the Second Amendment to the IWMA Joint Powers Agreement (JPA) and First
Amendment to the IWMA Memorandum of Agreement (MOA) (Attachment A); and
2. Authorize the Mayor to execute future Amendments to the IWMA JPA and MOA,
consistent with Council Resolution No. 11283, to formally acknowledge that the future
scope of IWMA services to its member agencies will be related solely to State
requirements.
DISCUSSION
Background
Along with the Cities of Arroyo Grande, Atascadero, Paso Robles, Grover Beach, Morro
Bay, Pismo Beach, and the County of San Luis Obispo, the City of San Luis Obispo
entered into a Joint Powers Agreement (JPA) with the IWMA on May 10, 1994, for the
purpose of facilitating waste diversion programs and providing economies of scale on a
regional basis in accordance with the State’s Integrated Waste Management Act of 1989.
In 2001, a Memorandum of Agreement (MOA) was established between the represented
Cities, County and certain special districts within San Luis Obispo County amending the
JPA agreement to include Authorized Districts for representation on the IWMA Board.
JPA Amendment to Continue IWMA Operations After San Luis Obispo County’s
Withdrawal from the IWMA
On September 14, 2021, the County Board of Supervisors voted to withdraw from the
IWMA effective November 15, 2021. To continue the operations of the IWMA Board of
Directors, without the County as a member jurisdiction, the Second A mendment to the
IWMA JPA (Attachment A) and First Amendment to the IWMA MOA (Attachment B) were
adopted by the IWMA Board of Directors on October 13, 2021. Per the existing JPA, for
the Amendments to be effective, they must be adopted by all member agencies.
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Item 5j
As proposed, amendments to the IWMA JPA are limited and include specifics as to Board
composition, quorum requirements, and the required Government Code designated
agency. The JPA Amendment eliminates participation of the County Board of
Supervisors, the requirement that a County representative is needed to establish a
quorum of the IWMA Board, and the eight-member voting provision in Section 8.5. If
unchanged, the eight-member voting provision meant that a unanimous vote could be
required on any item with the request of one board member. Instead, this revision now
provides for a simple majority on all matters.
The proposed First Amendment to the IWMA MOA formalizes the Special Districts’
acceptance of the amendment to the JPA.
Policy Context - Previous Council or Advisory Body Action and Future
Authorization to Amend
On October 19, 2021, City Council adopted Resolution No. 11283 (Attachment C) which
declares the City’s intent to remain a member agency of the IWMA provided the following
conditions are satisfied:
1. Remove the five County Supervisors as voting board members of the IWMA
effective immediately.
2. Remove the eight-member (super-majority) voting provision stated in Section 8.5
of the existing Agreement.
3. Add a provision to the Agreement which clearly and directly limits the IWMA’s
ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in
excess of the State requirements.
4. Specify the City of San Luis Obispo as the “designee” under the California
Government Code which simply enables the IWMA to exercise both latent and
articulated powers for solid waste management otherwise permitted by the powers
of the City of San Luis Obispo.
Two of the conditions are addressed within these proposed Amendments to the JPA and
MOA including removal of the five County Supervisors as voting IWMA Board members
and removal of the eight-member voting provision. The third and final condition, limiting
IWMA’s scope of services to State mandates only, is not included in these proposed
Amendments. Like San Luis Obispo, the cities of Grover Beach, Pismo Beach, and Paso
Robles adopted similar resolutions, and all included the third condition.
On November 10, 2021, the IWMA Board initiated the formation of an Ad Hoc Committee
to develop further revisions to the JPA which is anticipated to include a provision limiting
the scope of services provided by the IWMA to state mandates only in alignment with the
resolutions passed by member agencies as described above. At this time, the proposed
Amendments to the JPA and MOA reflect a preliminary step in a more extensive revision
of the JPA which will be drafted by the Ad Hoc Committee and presented to the IWMA
Board of Supervisors at a future date.
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Item 5j
Staff recommends authorizing the Mayor to execute a future amendment of the JPA
consistent with Resolution No. 11283 and thereby limiting the scope of IWMA services to
State mandated activities. If other amendments are advanced by the IWMA, the full
package of amendments will return to the City Council for consideration.
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public
comment can be provided to the City Council through written correspondence prior to the
meeting and through public testimony at the meeting.
CONCURRENCE
The City’s Utilities Department, Community Services Group, and City Attorney’s Office
concur with the recommendations made in this report.
ENVIRONMENTAL REVIEW
The proposed ordinance is exempt per California Environmental Quality Act (CEQA)
Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed
action consists only of the adoption of new standards and will have no physical effects on
the environment and has no possibility of a significant adverse effect on the environment.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $0.00 $0.00 $0.00 $0.00
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Item 5j
ALTERNATIVES
1. Continue consideration of this item. The City Council may continue consideration
of the recommendation if more information is needed to make a decision or until
remaining conditions as listed in Resolution No. 11283 (2021 Series) are included in
the proposed revision.
2. Adopt only the revised JPA and MOA. City Council may choose not to authorize the
Mayor to execute a future Amendment to the JPA and MOA limiting the scope of the
IWMA services to State mandated activities.
ATTACHMENTS
A – Second Amendment to the IWMA JPA
B – First Amendment to the IWMA MOA
C – Resolution No. 11283 (2021 Series)
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R 11283
RESOLUTION NO. 11283 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO REMAIN A MEMBER AGENCY OF THE SAN
LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY JOINT POWERS AUTHORITY (JPA) PROVIDED CERTAIN
CONDITIONS ARE SATISFIED
WHEREAS, the Integrated Waste Management Authority (“IWMA”) is a JPA
comprised of the County of San Luis Obispo, (“County”) seven local agencies (Arroyo
Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis
Obispo) and a representative of the Community Services District. The IWMA manages,
on behalf of its members, hazardous waste, universal waste, solid waste, recycling, and
food/green waste; and
WHEREAS, the IWMA is a way for JPA members to pool resources and cost-
effectively comply with various solid waste and other regulations including, but not limited
to, Senate Bill (SB) 1383, the recently enacted Short Lived Climate Pollutants regulations.
The IWMA staff is responsible for administration of over 40 different solid waste programs
including household hazardous waste collection, electronics waste collection, and sharps
disposal, and many of which require public education and outreach, monitoring, and
reporting to the State; and
WHEREAS, the City supports the IWMA through payment of solid waste
management fees imposed on all solid waste ratepayers; and
WHEREAS, the IWMA is presently helping all member agencies comply with SB
1383, which is the most significant change to solid waste regulations in 30 years. SB 1383
requires jurisdictions to implement an organic waste diversion program that includes
providing organic waste collection services to businesses and residences, edible food
recovery goals, public education and outreach, contamination monitoring and sampling
activities, recordkeeping and reporting, organic and edible food recovery, infrastructure
capacity planning, procurement of recovered organic waste products, and enforcement;
and
WHEREAS, in October 2019, the IWMA passed a countywide ordinance banning
polystyrene products. The ordinance was controversial because it exceeded State
requirements. In March 2020, the IWMA board opted to delay implementation of the
ordinance by 12 months. In November 2020, the IWMA board adopted a new strategic
plan that committed the agency to implementing and not exceeding State regulatory
requirements. In April 2021, the IWMA board considered revoking the polystyrene product
ban. However, the ban was upheld after invocation of a Supermajority provision written
into the JPA; and
DocuSign Envelope ID: C2E5642C-9E6E-4811-BC05-1DFAA74E733A
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Resolution No. 11283 (2021 Series) Page 2
R 11283
WHEREAS, a series of events contributed to the County commissioning a third-
party study of costs for the County to withdraw from the IWMA and independently fulfill
all essential functions of the IWMA. The study assessed additional costs of $1.6 to $2.1
million per year to unincorporated rate payers and staffing of five new full-time positions
to fulfill the programmatic needs for compliance with State mandates. According to the
study, to cover projected cost increases, the County would need to immediately increase
solid waste rates by 10% to 12% for residents in unincorporated areas; and
WHEREAS, on August 10, 2021, the County Board of Supervisors held a hearing
to decide whether to withdraw from the IWMA. The County Board of Supervisors voted to
withdraw from the IWMA and implement an independent county solid waste compliance
program; and
WHEREAS, the County’s analysis and subsequent August 10, 2021 decision to
withdraw did not include policy analysis or consideration regarding how withdrawal would
financially impact remaining JPA member rates; and
WHEREAS, on September 14, 2021, the County Board of Supervisors passed a
resolution to formally notify the IWMA of its intent to withdraw on November 15, 2021.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City hereby declares intent to remain a member agency of the
San Luis Obispo County Integrated Waste Management Authority (IWMA) subject to the
following conditions:
a) The IWMA Joint Powers Authority Agreement shall be revised as follows:
i) Remove the five County Supervisors as voting board members of the
IWMA effective immediately; and
ii) Remove the eight-member voting provision stated in Section 8.5; and
iii) Add a provision to the Agreement which clearly and directly limits the
IWMA’s ability to adopt, impose, or implement any rule, regulation,
policy, or ordinance in excess of the State requirements.
b) The revised JPA Agreement must be fully executed as soon as possible.
c) The IWMA must also take the following actions:
i) Begin recruitment and diligently pursue hiring a permanent Executive
Director as soon as practical; and
ii) Hire a third-party firm with solid waste management expertise to
analyze fees, staffing structures and make recommendation for any
programs and services that are not required by, or are in excess of,
State solid waste regulations. The report shall identify potential cost
saving measures and the Board shall evaluate and implement those
recommendations to reduce costs and minimize expenses. The report
must be completed and distributed to all JPA members.
DocuSign Envelope ID: C2E5642C-9E6E-4811-BC05-1DFAA74E733A
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Resolution No. 11283 (2021 Series) Page 3
R 11283
SECTION 2. This Resolution shall take effect on the date it is approved. The City
Manager or their designee is directed to deliver this approved resolution to the IWMA’s
Acting Executive Director and Executive Committee.
Upon motion of Vice Mayor Christianson, seconded by Council Member
Shoresman, and on the following roll call vote:
AYES: Council Member Marx, Pease, and Shoresman, Vice Mayor
Christianson, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of October 2021.
Mayor Erica A. Stewart
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of San Luis Obispo, California, on ______________________.
Teresa Purrington
City Clerk
DocuSign Envelope ID: C2E5642C-9E6E-4811-BC05-1DFAA74E733A
10/21/2021 | 7:45 AM PDT
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