HomeMy WebLinkAbout11-23-2021 First Amendment to IWMA MOA1
FIRST AMENDMENT TO THE
MEMORANDUM OF AGREEMENT BETWEEN THE MEMBER JURISDICTIONS OF THE
SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY
AND THE AUTHORIZED DISTRICTS
This First Amendment to the Memorandum of Agreement ("First Amendment to
the MOA") is executed on the date below stated, by and between the Member
Jurisdictions of the San Luis Obispo County Integrated Waste Management Authority (the
County of San Luis Obispo and the incorporated cities of Arroyo Grande, Atascadero, El
Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo) and the
special district parties to the Memorandum of Agreement ("MOA") (Avila Beach
Community Services District, California Valley Community Services District, Cambria
Community Services District, Cayucos Sanitary District, Ground Squirrel Hollow
Community Services District, Heritage Ranch Community Services District, Los Osos
Community Services District, Nipomo Community Services District, Oceana Community
Services District, San Miguel Community Services District, San Simeon Community
Services District, and Templeton Community Services District (hereinafter "Authorized
Districts")).
RECITALS
WHEREAS, on May 10, 1994, an agreement was executed by and between the
incorporated cities of San Luis Obispo County 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, an MOA was executed by and between the
incorporated cities, the County of San Luis Obispo, and the Authorized Districts amending
the JPA Agreement to include the Authorized Districts for representation on the IWMA
Board ("First Amendment to the JPA Agreement"); and
WHEREAS, in or around October 13, 2021, the JPA Agreement was amended
("Second Amendment to the JPA Agreement") to reflect the County of San Luis Obispo's
withdrawal from the IWMA (a true and correct copy of the Second Amendment to the JPA
Agreement is attached hereto as Exhibit A); and
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
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WHEREAS, by this First Amendment to the MOA, the parties hereto desire to
acknowledge, accept, and agree to be bound by the terms and conditions of the Second
Amendment to the JPA Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The parties hereto desire to acknowledge, accept, and agree to be bound
by the terms and conditions of the Second Amendment to the JPA
Agreement.
2. All other terms and conditions of the MOA will remain in full force and effect.
This First Amendment to the MOA may be executed in any number of counterparts,
each of which when executed and delivered shall constitute a duplicate original, but all
counterparts together shall constitute a single agreement.
IN WITNESS WHEREOF, the parties have each caused this First Amendment to
the MOA to be executed by their duly authorized representative effective upon the
execution by all member agencies.
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
CITY OF SAN LUIS OBISPO
By: _________________________ Date: _______________________
Erica A. Stewart, Mayor
By: _________________________ Resolution No. 11283 (2021 Series)
Teresa Purrington, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: __________________________ Date: ________________________
J. Christine Dietrick, City Attorney
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
11/17/2021 | 5:19 PM PST
11/23/2021 | 2:30 PM PST
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SECOND AMENDMENT TO THE
SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY
("IWMA") JOINT POWERS AGREEMENT
This Second Amendment to the Joint Powers Agreement ("Second Amendment")
dated October 13, 2021, is made by and between the incorporated cities of Arroyo
Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and
San Luis Obispo, hereinafter called "Cities," and the County of San Luis Obispo,
hereinafter called "County."
RECITALS
WHEREAS, on May 10, 1994, an agreement was executed by and between the
Cities and the County forming a joint powers authority pursuant to the provisions of the
Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purposes
of facilitating the development of waste diversion programs and projects and of providing
economies of scale on a regional basis (hereinafter referred to as the "JPA Agreement");
and
WHEREAS, in or around 2001, a memorandum of agreement ("MOA") was
executed by and between the Cities, the County, and certain special districts within the
County ("Authorized Districts") (collectively "parties") amending the JPA Agreement to
include the Authorized Districts for representation on the IWMA Board ("First Amendment
to the JPA Agreement"); and
WHEREAS, Section 7.2 (b) of the JPA Agreement provides that "[r]epresentatives
to the Authority shall consist of the five members of the Board of Supervisors of the
County of San Luis Obispo and of one additional member from the governing body of
each incorporated city within the boundaries of the County of San Luis Obispo which is a
party to this Agreement . . ."; and
WHEREAS, Section 8.5 of the JPA Agreement provides that to establish a quorum
of the IWMA Board, there must be present a majority of representatives, "including one
COUNTY representative"; and
WHEREAS, on September 14, 2021, the County Board of Supervisors voted to
withdraw from the IWMA with an effective date of November 15, 2021; and
WHEREAS, to facilitate the continued operation of the IWMA Board of Directors
without the County as a member jurisdiction, this Second Amendment to the JPA
Agreement is necessary to (1) revise the representative members of the IWMA Board of
Directors to eliminate the participation of the County Board of Supervisors; and (2)
eliminate the requirement that a County representative is required to establish a quorum
of the IWMA Board.
Exhibit A
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
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NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Section 5.3 of the JPA Agreement is amended and restated as follows:
Such powers shall be exercised subject only to the limitations set forth in this
Agreement, applicable law and such restrictions upon the manner of exercising
such powers as are imposed by law upon the Members in the exercise of similar
powers. In no event shall the Authority be authorized to exercise any power not
expressly authorized. The Authority hereby designates the City of San Luis Obispo
as the Member required to be designated by Section 6509 of the California
Government Code.
2. Section 7.2 (b) of the JPA Agreement is amended and restated as follows:
Representatives of the CITIES shall be appointed to serve on the Board in
accordance with procedures established by each of the governing bodies of the
member agencies. Representatives to the Authority shall consist of one member
from the governing body of each incorporated city, within the boundaries of the
County of San Luis Obispo, which is a party to this Agreement, with each
incorporated area being limited to one representative. Representatives shall serve
so long as they hold office with their member agency or until they shall resign or
be removed by a majority vote of their member agency. Vacancies among
representatives shall be filled in the same manner as the first appointment.
3. Section 8.5 of the JPA Agreement is amended and restated as follows:
8.5 Quorum and voting. For purposes of conducting business, there shall be
present a quorum consisting of a majority of representatives. Each representative
shall have one vote. No action shall be effective without the affirmative votes of a
majority of those present. The representatives to the Authority shall adopt such
procedures as are consistent with this Agreement and necessary to conduct the
business of the Authority in an orderly manner.
4. All other terms and conditions of the JPA Agreement will remain in full force and
effect.
5. Effective Date. This Second Amendment shall become effective upon the adoption
and execution of all member agencies and the formal exit of the County of San
Luis Obispo from the IWMA.
IN WITNESS WHEREOF, the parties have each caused this Second Amendment
to the JPA to be executed by their duly authorized representative effective upon the
execution by all member agencies.
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
CITY OF SAN LUIS OBISPO
By: _________________________ Date: _______________________
Erica A. Stewart, Mayor
By: _________________________ Resolution No. 11283 (2021 Series)
Teresa Purrington, City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: __________________________ Date: ________________________
J. Christine Dietrick, City Attorney
DocuSign Envelope ID: 5C31649E-F887-4D5F-94DA-16F92ADD79C1
11/17/2021 | 5:19 PM PST
11/23/2021 | 2:30 PM PST