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HomeMy WebLinkAboutItem 5c. Amendment to the Second Restated JPA with the SLO County Integrated Waste Management Authority (IWMA) Item 5c Department: Utilities Cost Center: 6107 For Agenda of: 1/9/2024 Placement: Consent Estimated Time: N/A FROM: Aaron Floyd, Utilities Director Prepared By: Chris Lehman, Deputy Director - Wastewater Tina Clark, Solid Waste and Recycling Coordinator SUBJECT: ADOPT THE 2023 COUNTY JOINDER AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY RECOMMENDATION Adopt a Draft Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, adopting the 2023 County Joinder Amendment to the second amended and restated Joint Powers Agreement of the Integrated Waste Management Authority.” POLICY CONTEXT The Integrated Waste Management Authority (IWMA ) is a Joint Powers Authority comprised of seven cities and nine Community Services Districts within San Luis Obispo County to allow for regional partnership and sharing of responsibilities in me eting State legislative mandates related to solid waste and recycling, such as AB 939, AB 1826, and SB 1383. The IWMA also supports the City’s waste diversion greenhouse gas emission reduction goals, as identified in the City’s Climate Action Plan - Pillar 5: Circular Economy, with regional impact. When the IWMA was first formed in 1994, the County of San Luis Obispo was a member of the Joint Powers Authority. In the Fall of 2021, the San Luis Obispo County Board of Supervisors elected to withdraw the County from the IWMA. On October 31, 2023, the County Board of Supervisors voted to seek approval for the County to rejoin the IWMA, requiring member agency approval to become effective. DISCUSSION Background In 1994, the City of San Luis Obispo, along with the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and the County of San Luis Obispo, formed the IWMA to provide regional coordination and economies of scale in meeting the requirements of the California Integrated Waste Manageme nt Act of 1989 and subsequent legislation by creating a Joint Powers Authority. Page 19 of 581 Item 5c In 2001, a Memorandum of Agreement was established between the represented cities, San Luis Obispo County, and certain special districts within San Luis Obispo County to allow for special districts to be represented on the IWMA Board of Directors. This ultimately resulted in a 13-member Board, with five seats held by the County Board of Supervisors, seven seats held by one representative from each of the member cities, and one seat held by the Special District representative. On September 14, 2021, the County Board of Supervisors voted to withdraw from the IWMA, effective November 15, 2021. Beginning in October 2021, the remaining member agencies took a series of actions to reestablish and continue the IWMA. On June 21, 2022, the City Council passed Resolution No. 11137 adopting the Second and Restated Joint Powers Agreement (2022 JPA Agreement). The 2022 JPA Agreement contained revisions needed to address the County’s withdrawal as well as relate d changes to the IWMA’s scope of services. 2022 JPA Agreement Provisions The 2022 JPA Agreement was eventually approved by all the remaining member agencies and participating Special Districts. This resulted in an eight-member Board, made up of a representative from each member city and one Special District representative. Highlights of the significant components of the 2022 JPA Agreement include:  Each member agency representative and the Special Districts’ one representative having one vote.  Lengthening the noticing period for a member agency to withdraw from one month to six months.  Limiting the IW MA’s powers to addressing only state-mandated legislative and regulatory requirements.  Requiring the IWMA to establish budget and purchasing policies to meet specific criteria. On October 31, 2023, the County Board of Supervisors passed a resolution (Attachment B) to rejoin the IWMA subject to the terms and conditions set forth in the 2022 JPA Agreement and the proposed 2023 County Joinder Amendment . 2023 County Joinder Amendment Terms The 2023 County Joinder Amendment reflects needed wording changes to address the County’s return to the IWMA, along with other minor corrections to the agreement. Below are the key highlights of these changes.  Allows the County to rejoin with one seat from the Board of Supervisors on the IWMA Board of Directors, which will provide one vote.  Amends language to enable the IWMA Board of Directors to determine when annual Officer elections shall be held, at a meeting established by the Board of Directors. Page 20 of 581 Item 5c The IWMA Board of Directors approved the 2023 County Joinder Agreement “as to form” on October 11, 2023, followed by the County Board of Supervisors adoption of it on October 31. For it to become effective, a provision in the 2022 JPA Agreement requires that a majority of member agencies also approve it. The cities of Atascadero, Paso Robles, and Pismo Beach were expected to approve it in December, with the remaining member agencies to follow in January. Public Engagement Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting. Opportunities for public comment were also available at multiple IWMA Board meetings and County Board of Supervisors meetings. CONCURRENCE The City’s Finance Department concurs with the findings of this report. The City Attorney’s Office has reviewed and approved the attached resolution and Joinder Amendment as to legal form and effect. ENVIRONMENTAL REVIEW The recommended actions are not a “project” as defined under CEQA Guidelines Section 15378 because the action will not result in any physical change to the environment. FISCAL IMPACT Budgeted: N/A Budget Year: NA Funding Identified: N/A Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund $ $ $ $ State Federal Fees Other: Total $0 $0 $0 $0 There is no fiscal impact associated with the recommended action. The IWMA’s gross hauler receipts fee was included in the Integrated Solid Waste Rate adopted by the City Council on April 19, 2022, and has subsequently been lowered from 5.4% to 4.4%. This fee is anticipated to fall further once the County rejoining process is complete and the IWMA conducts a new fee study. Page 21 of 581 Item 5c ALTERNATIVES Council could decide not to adopt the 2023 County Joinder Amendment to the 2022 JPA Agreement. Staff does not recommend this action as the other member agencies are anticipated to support the Amendment, and having the County rejoin the IWMA will allow for additional economies of scale and a comprehensive regional program. ATTACHMENTS A - Draft Resolution adopting the 2023 County Joinder Amendment to the 2022 JPA Agreement B - County Resolution No. 2023-276 Page 22 of 581 R ______ RESOLUTION NO. _____ (2024 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, ADOPTING 2023 COUNTY JOINDER AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY WHEREAS, on May 10, 1994, an agreement was executed by and between the incorporated cities of San Luis Obispo County (“Cities”) and the County of San Luis Obispo, forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purpose of facilitating the development of waste diversion programs and projects that provide economies of scale without interfering with individual agencies’ exercise of power within their own jurisdiction (hereinafter referred to as the “JPA Agreement”); and WHEREAS, pursuant to the JPA Agreement, the power to perform the responsibilities of the joint powers authority was vested in the San Luis Obispo County Integrated Waste Management Authority Board of Directors (“IWMA Board”); and WHEREAS, in or around 2001, a Memorandum of Agreement (“MOA”) was executed by and between the Cities, the County of San Luis Obispo, and certain special districts within San Luis Obispo County that possessed solid waste authority (“Authorized Districts”), amending the JPA Agreement to include the Authorized Districts for representation through one representative on the IWMA Board, which MOA was replaced on execution of the Second Amended and Restated JPA Agreement (“2022 JPA Agreement); and WHEREAS, the County Board of Supervisors elected to withdrawal from the Integrated Waste Management Authority effective November 15, 2021; and WHEREAS, around April 13, 2022 the IWMA Board considered and approved amendments to the 2022 JPA Agreement, including those reflecting the withdrawal of San Luis Obispo County from the San Luis Obispo County Integrated Waste Management Authority (“IWMA”), and directed IWMA staff to circulate it to Participating Agencies for approval; and WHEREAS, on October 31, 2023 the County acknowledged, accepted, and agreed to be bound by the terms of the 2022 JPA Agreement, as amended by the 2023 County Joinder Amendment to the Second Amended and Restated JPA (“Joinder Amendment”); and WHEREAS, the Board of Directors of the IMMA reviewed and approved the Joinder Amendment and then directed IWMA staff that on the County of San Luis Obispo’s approval to rejoin the IWMA, to circulate the Joinder Amendment to the Participating Agencies, including the Authorized Districts, as a majority vote of the Participating Agencies is required for an amendment to the JPA for approval (a true and correct copy of the 2023 County Joinder Amendment to JPA is attached hereto as Exhibit A); and Page 23 of 581 Resolution No. _____ (2024 Series) Page 2 R ______ WHEREAS, the 2022 JPA Agreement authorized amendments to the JPA Agreement on vote of a majority of the Members, and this resolution is intended to express the approval of Members and acknowledged agreement of all other Participating Agencies ; and WHEREAS, the County wishes to join the Cities and the Authorized Districts (together “Participating Agencies”) in confirming and conferring upon the IWMA as separate legal entity the powers necessary to enable them to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future state-mandated laws, rules and regulations to the extent allowed by law and as provided in the JPA Agreement; and WHEREAS, the City Council of City of San Luis Obispo desires to acknowledge, accept, and agree to be bound by the terms and conditions of the Joinder Amendment to the Second Amended and Restated JPA; and WHEREAS, the recommended actions are not a “project” as defined under CEQA Guidelines Section 15378 because the action will not result in any physical change to the environment. Page 24 of 581 Resolution No. _____ (2024 Series) Page 3 R ______ NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City of San Luis Obispo approves and adopts the Joinder Amendment to the Second Amended and Restated JPA. Upon motion of Council Member ___________, seconded by Council Member ___________, and on the following roll call vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this _____ day of _______________ 20 24. ________________________ 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 Page 25 of 581 EXHIBIT A 2023 COUNTY JOINDER AMENDMENT TO SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY This County Joinder Amendment (“County Joinder”), dated _______________________, to the SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT (“2022 JPA Agreement”) is by and between the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo California, (collectively, the “Cities”) and the County of San Luis Obispo, by its joinder herein. A. On or about May 10, 1994, an agreement was executed by and between the Cities and the County of San Luis Obispo forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (the “Original JPA Agreement”), through which such member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (“IWMA”). B. On or around 2001, the Cities, County, and certain special districts within the County (“Authorized Districts”) executed a Memorandum of Agreement (“MOA”) amending the Original JPA Agreement to include the Authorized Districts for representation on the IWMA Board. C. On or about November 15, 2021, the County withdrew from the IWMA, after which the remaining Cities and Authorized Districts elected to reestablish and continue the IWMA, on the terms set forth in the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority, which was adopted by the participating agencies in 2022 (“2022 JPA Agreement”). D. On or about October 31, 2023, the County officially elected to rejoin the IWMA, including on the terms set forth the 2022 JPA Agreement, as amended hereby. Based on the foregoing, the Cities, Authorized Districts, including the County through its joinder, hereby agree to the following amendments to the 2022 JPA Agreement reflecting the County’s joinder. 1. Title Amendment and List of Participating Agencies Attachment. The Title of the 2022 JPA shall be amended to read “Second Amended and Restated Joint Powers Agreement to Establish an Integrated Waste Management Authority.” The List of Participating Agencies attached to the 2022 JPA Agreement is replaced with the list attached to this Joinder Amendment. 2. Definitions. Section 1, entitled, “Definitions” shall be amended to include the following new definitions or amended definitions. Page 26 of 581 A. County shall be added as a definition. “County” means any unincorporated areas of the County of San Luis Obispo. B. The following referenced definitions replace those of the same number in the 2022 JPA Agreement in their entirety. “1.17 “Members” means the Cities and the County who are members of this regional agency, formed pursuant to Public Resources Code section 40970 et seq, and the one (1) Authorized District Representative pursuant to Public Resources Code section 40977.” “1.18 “Participating Agency” or “Participating Agencies” means and shall include the Cities, the County and the Authorized Districts who are signatories to this Agreement, including by way of joinder, delegating powers to the Authority pursuant to this Agreement, and participating in the governance of the IWMA.” C. Notwithstanding the foregoing, the definition of “MRF”, was inadvertently included within the definition of “Members”, in the 2022 JPA Agreement, and such definition shall remain the definition of “MRF” and is not deleted. 3. Section 8, entitled “Boundaries” is amended and restated in its entirety to read: “Section 8. Boundaries. The boundaries of the Authority shall be the boundaries of the collective Participating Agencies. If a Participating Agency withdraws from the Authority, the boundaries shall be modified to exclude the area of the withdrawing agency. If a qualified agenc y joins the Authority, the boundaries shall be modified to include the area of the joining Participating Agency. Section 8 shall not prevent the Authority’s use and/or operation of facilities outside of its boundaries within the County of San Luis Obispo.” 4. Section 9, entitled “Organization” shall be amended as follows: A. A new paragraph (g) is added to Section 9.2 Participating Agencies to read: “(g) County. The County shall be entitled to appoint one representative to the Authority which representative shall consist of one (1) member from the Board of Supervisors. The County may elect to have an alternate member from the Board of Supervisors in addition to any official member but said appointed alternate shall be able to vote only in the absence of t he official representative.” B. Section 9.4(b) entitled “Officers” is replaced with the following: “(b) Both the President and Vice President of the Board shall be elected each year at a meeting set for such purpose.” 5. County Joinder. The County hereby joins the IWMA pursuant to the terms and conditions in the 2022 JPA Agreement as amended hereby, and the undersigned hereby consent. 6. Omnibus Change. Wherever references to “Cities” is used or “Cities and Authorized Districts”, are used in the 2022 JPA Agreement, including in its recitals, such references shall expressly be read to include the County unless context expressly dictates otherwise. Page 27 of 581 7. Ratification. The 2022 JPA Agreement is hereby ratified and confirmed and shall continue in full force and effect in accordance with its terms and provisions, as amended hereby. 8. Effective Date. This Joinder Amendment shall take effect when adopted by each of the Cities, the County, with the Authorized Districts consenting to the joinder of the Cou nty, as evidenced by their execution pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Joinder Amendment may be executed in counterparts which together shall constitute a single agreement. Electronically executed signatures may be accepted in lieu of originals if a Member agency has authorized electronic signatures through policy or otherwise. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written. CITY OF SAN LUIS OBISPO By: ___________________________ Date: ________________________ Mayor Erica A. Stewart ATTEST By: ___________________________ Resolution No. _________ (2024 Series) Teresa Purrington, City Clerk APPROVED AS TO FOR AND LEGAL EFFECT By: ___________________________ Date: __________________________ J. Christine Dietrick, City Attorney Page 28 of 581 Page 1 of 76 PRESENT: Supervisors Bruce S. Gibson, Dawn Ortiz-Legg, Jimmy Paulding, Debbie Arnold and Chairperson John Peschong ABSENT: None RESOLUTION NO. 2023-276 RESOLUTION ADOPTING THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY The following Resolution is hereby offered and read: WHEREAS, an agreement was executed by and between the incorporated cities of San Luis Obispo County (“Cities”) and the County of San Luis Obispo (“County”) forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (the “Original JPA Agreement”), for the purpose of facilitating the development of waste diversion programs and projects; WHEREAS, pursuant to the terms of the Original JPA Agreement, the Cities and the County created and established a public entity identified as the San Luis Obispo Cou nty Integrated Waste Management Authority (“IWMA”); WHEREAS, in or around 2001, the Cities, County, and certain special districts within the County (“Authorized Districts”) executed a Memorandum of Agreement (“MOA”) amending the Original JPA Agreement to provide the Authorized Districts with representation on the Board of Directors of the IWMA; WHEREAS, on or about November 15, 2021, the County withdrew from the IWMA, after which the Cities and Authorized Districts elected to amend the Original JPA Agreement to reflect the withdrawal on the terms set forth in the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority, which was adopted by the participating agencies in 2022 (“2022 JPA Agreement”). The 2022 JPA Agreement is attached hereto as Exhibit A and incorporated herein by this reference; and IN THE BOARD OF SUPERVISORS COUN TY OF SAN LUIS OBISPO, ST ATE OF CALIFORNIA Tuesday, October 31, 2023 Page 29 of 581 WHEREAS, the County desires to rejoin the IWMA pursuant to the terms set forth in the 2022 JPA Agreement, as amended by the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority {"County Joinder Amendment"). The County Joinder Amendment is attached hereto as Exhibit B and incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Board of Supervisors of the County of San Luis Obispo, State of California, finds, declares and determines as follows: 1.The foregoing recitals are true, correct, and incorporated herein. 2.The County hereby acknowledges, accepts, and agrees to be bound by the terms of the 2022 JPA Agreement, as amended by the County Joinder Amendment. 3.This Resolution shall take effect immediately upon adoption. 4.The Chairperson of the Board of Supervisors or designee is authorized and directed to deliver this adopted Resolution to the IWMA and to execute the County Joinder Amendment. Upon motion of Supervisor Gibson, seconded by Supervisor Paulding, and on the following roll call vote, to wit: AYES: NOES: Supervisors Gibson, Paulding and Ortiz-Legg Supervisor Arnold ABSENT: None ABSTAINING: Chairperson Supervisor Peschong the foregoing Resolution is hereby adopted on then_ day of October, 2023. ATTEST: ,. 'f '· � .. , 11 "'. " " . '<' l'_. .. t"' � .... '1" ,., # !OHN NILON, '" /0 • •·:: • • , ._;.;\ \ Ex-Officio Clerk of t��:ao:�{f�f·, )\ •: Supervisors '. . • .,. i;:�l .. ·:'· :: " . ··.·-·----··�\.,.\i� ! ·�,'�\;,� .. - ,.\• .. ,.,., �-'I-.; Chairperson of the Board of Supervisors Page 2 of 76 Page 30 of 581 (SEAL) APPROVED AS TO FORM AND LEGAL EFFECT: RITA L. NEAL County Counsel By: .fY ��_y ,Js--4 {-Deputy County Counsel Dated: October 23, 2023 L:\Solid Waste\2023\_Reso lutions\lWMA\WMA Rejoining Att 1 Reso JPA & Joinder.docx STATE OF CA.LIFORNIA ) ss. COUNTY OF SAN LU IS OBISPO) !, JOHN NILON, lriterim Ex-Officio Clerkoftt:eBoard ofSuperviscrs ti"e reof,do rerebycertify the foregoing to be a full, true ard co r rect copy of an order entered ir-the mirutes of said Board of Supervisors, ar-d now remair.irg of record in my office. Witness, my hand ar.c! seal ofsaicl Board of Supervisor s on �ovef'tlbf �• 2023. By: JOHNNILON):' ·.,.•·••-•., .. ,_· Interim Ex-Officio Clerk oftr,�··s1:,a&i:crs'.G,P�rvisor� UQmd (5 ��8efk:t::��:�.: ·>: ,' ' •• , , -i:,;,, jf:}:� ; .. -><� �J Page 3 of 78 ,;;, ;-,�- � .. , f'>!'' Page 31 of 581 Page 4 of 76 EXHIBIT A Page 32 of 581 Page 5 of 76 Page 33 of 581 Page 6 of 76 Page 34 of 581 Page 7 of 76 Page 35 of 581 Page 8 of 76 Page 36 of 581 Page 9 of 76 Page 37 of 581 Page 10 of 76 Page 38 of 581 Page 11 of 76 Page 39 of 581 Page 12 of 76 Page 40 of 581 Page 13 of 76 Page 41 of 581 Page 14 of 76 Page 42 of 581 Page 15 of 76 Page 43 of 581 Page 16 of 76 Page 44 of 581 Page 17 of 76 Page 45 of 581 Page 18 of 76 Page 46 of 581 Page 19 of 76 Page 47 of 581 Page 20 of 76 Page 48 of 581 Page 21 of 76 Page 49 of 581 Page 22 of 76 Page 50 of 581 Page 23 of 76 Page 51 of 581 Page 24 of 76 Page 52 of 581 Page 25 of 76 Page 53 of 581 Page 26 of 76 Page 54 of 581 Page 27 of 76 Page 55 of 581 Page 28 of 76 Page 56 of 581 Page 29 of 76 Page 57 of 581 Page 30 of 76 Page 58 of 581 Page 31 of 76 Page 59 of 581 Page 32 of 76 Page 60 of 581 Page 33 of 76 Page 61 of 581 Page 34 of 76 Page 62 of 581 Page 35 of 76 Page 63 of 581 Page 36 of 76 Page 64 of 581 Page 37 of 76 Page 65 of 581 Page 38 of 76 Page 66 of 581 Page 39 of 76 Page 67 of 581 Page 40 of 76 Page 68 of 581 Page 41 of 76 Page 69 of 581 Page 42 of 76 Page 70 of 581 Page 43 of 76 Page 71 of 581 Page 44 of 76 Page 72 of 581 Page 45 of 76 Page 73 of 581 Page 46 of 76 Page 74 of 581 Page 47 of 76 Page 75 of 581 Page 48 of 76 Page 76 of 581 Page 49 of 76 Page 77 of 581 Page 50 of 76 Page 78 of 581 Page 51 of 76 Page 79 of 581 Page 52 of 76 Page 80 of 581 Page 53 of 76 Page 81 of 581 Page 54 of 76 EXHIBIT B Page 82 of 581 Page 55 of 76 Page 83 of 581 Page 56 of 76 Page 84 of 581 Page 57 of 76 Page 85 of 581 Page 58 of 76 Page 86 of 581 Page 59 of 76 Page 87 of 581 Page 60 of 76 Page 88 of 581 Page 61 of 76 Page 89 of 581 Page 62 of 76 Page 90 of 581 Page 63 of 76 Page 91 of 581 Page 64 of 76 Page 92 of 581 Page 65 of 76 Page 93 of 581 Page 66 of 76 Page 94 of 581 Page 67 of 76 Page 95 of 581 Page 68 of 76 Page 96 of 581 Page 69 of 76 Page 97 of 581 Page 70 of 76 Page 98 of 581 Page 71 of 76 Page 99 of 581 Page 72 of 76 Page 100 of 581 Page 73 of 76 Page 101 of 581 Page 74 of 76 Page 102 of 581 Page 75 of 76 Page 103 of 581 Page 76 of 76 Page 104 of 581