HomeMy WebLinkAboutR-11465 adopting the 2023 County Joinder Amendment to the second amended and restated JPA of the IWMAR 11465
RESOLUTION NO. 11465 (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 withdraw 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 IWMA 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
Resolution No. 11465 (2024 Series) Page 2
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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.
Resolution No. 11465 (2024 Series) Page 3
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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 Vice Mayor Pease, seconded by Council Member Shoresman,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted on the 9th day of January 2024.
________________________
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
Council Member Francis, Marx, Shoresman, Vice Mayor Pease, and
Mayor Stewart
None
None
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.
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 agency
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 the 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.
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 County, 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