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Home My WebLink AboutR-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 R 11465 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 R 11465 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