HomeMy WebLinkAboutR 5340 RESOLUTION NO. 5340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO
GRANDE 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 on
the IWMA Board, which MOA was replaced on execution of the Second Amended and
Restated JPA Agreement; and
WHEREAS, the Board of Directors of the IMMA directed IWMA staff that on the County
of San Luis Obispo's approval to rejoin the IWMA, to circulate the 2023 County Joinder
Amendment to the Second Amended and Restated JPA ("Joinder Amendment") to the
Participating Agencies for approval (a true and correct copy of the 2023 County Joinder
Amendment to JPA is attached hereto as Exhibit A), including among the Authorized
Districts with representation on the Board through their designated representative; and
WHEREAS, the JPA Agreement, as last amended, 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.
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
RESOLUTION NO. 5340
PAGE 2
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.
WHEREAS, the City Council of the City of Arroyo Grande 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.
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Arroyo
Grande, that the City of Arroyo Grande acknowledges, accepts, and agrees to be bound
by the terms and conditions of the Joinder Amendment to the Second Amended and
Restated JPA.
On motion by Council Member Barneich, seconded by Council Member George, and by the
following roll call vote, to wit:
AYES: Council Members Barneich, George, Secrest, Guthrie, and Mayor Ray Russom
NOES: None
ABSENT: None.
the foregoing Resolution was adopted this 9th day of January, 2024.
RESOLUTION NO.53 4 0
PAGE 3
IP
CAREN RAY R SSOM, MAYOR
ATTEST:
(;)__
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING; MANAGER
APPROVED AS TO FORM:
.0/
ISAAC ROSEN, CITY ATTORNEY
RESOLUTION NO. 5340
PAGE 4
EXHIBIT "A"
COUNTY OF SAN LUIS OBISPO RESOLUTION NUMBER 2023 - 276
WITH
2023 COUNTY JOINDER AMENDMENT TO THE SECOND AMENDED AND
RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE
MANAGEMENT AUTHORITY
IN THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Tuesday, October 31, 2023
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 County
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
Page 1 of 76
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: Supervisors Gibson, Paulding and Ortiz-Legg
NOES: Supervisor Arnold
ABSENT: None
ABSTAINING: Chairperson Supervisor Peschong
the foregoing Resolution is hereby adopted on the 31 day of October, 2023.
(,e, e_,Sew
Cr-
s Chairperson of the Board of Supervisors
ATTEST:
JOHN NILON,
Ex-Officio Clerk of the'$oard,of, . `,
Supervisors ,. ,;"`
Page 2 of 76
By: Sail{ J. 71/ rre7,s . .
Deputy'Clerk ' '
(SEAL)
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA L. NEAL
County Counsel
By: J
Deputy County Counsel
Dated: October 23, 2023
L:\Sdid Waste\2023\_Resolutions\IWMA\WMA Rejoining Act 1 Reso JPA 8 Joinder.docx
STATE OF CALIFORNIA ) Ss.
COUNTY OF SAN LUIS OBISPO)
I,JOHN NILON,Interim Ex-Officio Clerk ofth.e Board of Superviscrs thereof,do hereby certify
the foregoing to be a full,true and correct copy of an order entered it the minutes of said
Board of Superviscrs,and row remairirgof record it my office.
Witress,my hard and seal of said Board of Supervisors or Novembg+r 3,2023.
JOHN NILON:
Interim Ex-Officio Clerk of the Board cf Supervisors'-
By:
Deputy eek' — --
Page 3 of 76
EXHIBIT A
JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES OF
SAN LUIS OBISPO COUNTY, CALIFORNIA
Page 4 of 76
SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES OF SAN LUIS OBISPO COUNTY,CALIFORNIA
THIS SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT is
made and entered into this _ day of , 2022, 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, hereinafter called"Cities."
WHEREAS, on May 10, 1994, an agreement was executed by and between
the 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
(Government Code section 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"Original JPA Agreement");and
WHEREAS, pursuant to the Original JPA Agreement, the member agencies
created and established a public entity identified as the San Luis Obispo County
Integrated Waste Management Authority("IWMA");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") amending the Original JPA Agreement
to include the Authorized Districts for representation on the IWMA Board;and
WHEREAS,on or about November 15,2021,the County withdrew from the
IWMA; and the Cities and Authorized Districts determined that a single regional
agency remained advantageous to advise, plan for, and implement solutions to
common solid waste and a waste diversion efforts;and
WHEREAS, the IWMA was originally formed to meet the requirements of
the California Integrated Waste Management Act (California Public Resources
Page 5 of 76
Code section 40000 et seq.) and all regulations adopted under that legislation
require, among other things, that certain public agencies in California make
adequate provision for solid waste management within their jurisdictions;and
WHEREAS,since the IWMA's formation,Assembly Bill 341 (Chesbro, 2011)
(Recycling of Commercial Solid Waste ("MCR")) was signed into law and
established requirements for jurisdictions to implement a commercial solid waste
recycling program designed to divert commercial solid waste;and
WHEREAS,since the IWMA's formation,Assembly Bill 1826(Chesbro,2014)
(Recycling of Commercial Organic Waste ("MORe")) was signed into law and
established the requirement for jurisdictions to implement an organic waste
recycling program to divert organic waste generated by businesses;and
WHEREAS, since the IWMA's formation, Senate Bill 1383 (Lara, 2016) was
signed into law requiring jurisdictions to implement organic waste diversion
programs that include 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 materials and edible food recovery, infrastructure capacity planning,
procurement of recovered organic waste products,and enforcement;and
WHEREAS, the Cities and Authorized Districts continue to believe that by
combining their separate powers they can achieve their waste diversion goals and
satisfy the requirements of the Integrated Waste Management Act and other
legislation more effectively than if they exercise those powers separately;and
WHEREAS, the Cities affirm, that pursuant to this Second Amended and
Restated Joint Powers Agreement, the IWMA remains a regional agency, in
accordance with Public Resources Code section 40970 et seq.;and
WHEREAS, pursuant to Section 40977, the Cities shall include one (1)
Authorized District to be included as a member in the IWMA regional agency for
the purpose of representation on the IWMA Board of Directors;and
WHERAS,the Authorized District"member"may change from time to time;
the current elected or appointed Authorized District representative shall
represent the collective interests of all Authorized Districts;and
WHEREAS, this Second Amended and Restated Joint Powers Agreement
shall be considered a Memorandum of Understanding between the Cities and the
Page 6 of 76
Authorized Districts to enable and allow one (1) representative of the Authorized
Districts to participate in the governance of the IWMA as a member agency
pursuant to Section 40977 of the Public Resource Code to represent the interests
of all Authorized Districts;and
WHEREAS, the Cities and the Authorized Districts (together "Participating
Agencies") desire to establish and confer upon a 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 by the terms and conditions of this
Second Amendment;and
WHEREAS, the Participating Agencies desire to avoid a series of
amendments to the Agreement over time due to future state-mandated
legislation and programs, and as such, the parties desire to authorize the IWMA
Board to enact policies, resolutions, and ordinances as are necessary to ensure
and oversee compliance with any and all future state-mandated programs related
to solid waste,recycling,waste diversion, and any other purpose of the Authority
as provided in this Agreement.
NOW,THEREFORE, IT IS AGREED AS FOLLOWS:
SECTION 1. Definitions.
To the extent that any of the following definitions conflict with any definition set
forth in the California Integrated Waste Management Act, (Pub. Resources Code,
§ 40000 et seq.), and the Regulations promulgated thereunder, said Act and/or
Regulations shall take priority.The terms defined in this Section that begin in this
Agreement with quotation marks have the following meanings:
1.1 "Act" means the California Integrated Waste Management Act
of 1989 (Pub. Resources Code,§40000 et seq.)and all regulations adopted under
Page 7 of 76
that legislation, as that legislation and those regulations may be amended from
time to time.
1.2 "Agreement" means this Second Amended and Restated Joint
Exercise of Powers Agreement, as it may be amended from time to time.
1.3 "Authority" means the San Luis Obispo County Integrated
Waste Management Authority, a joint exercise of powers agency created by the
Members pursuant to this Agreement.
1.4 "Authorized Districts"means certain special districts with solid
waste authority participating in the IWMA through this Second Amended and
Restated Joint Powers Agreement, including but not limited to the 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,
Oceano Community Services District,San Miguel Community Services District,San
Simeon Community Services District,and Templeton Community Services District,
or other qualified agencies that may later determine to become a Participating
Agency by execution of this Agreement.
1.5 "Authorized District Representative" means the
representative, or alternate, elected or appointed by the Authorized Districts to
represent the Authorized Districts' interests as a member of the IWMA regional
agency pursuant to Section 40977 of the Public Resources Code.
1.6 "Board" means the Board of Directors of the Authority.
1.7 "CalRecycle" means the California Department of Resources
Recycling and Recovery.
Page 8 of 76
1.8 "City" means any Participating Agency that is a city, and
"Cities" means all of the Participating Agencies that are Cities.
1.9 "Composting Facility" means a facility at which composting is
conducted and which produces a product meeting the definition of compost in
Public Resources Code (PRC) section 40116. ("Compost" means the product
resulting from the controlled biological decomposition of organic wastes that are
source separated from the municipal solid waste stream, or which are separated
at a centralized facility. "Compost" includes vegetable, yard and wood wastes
which are not hazardous waste,and biosolids where combined with other organic
materials in a mixture that consists largely of decayed organic matter,and is used
for fertilizing and conditioning land.)
1.10 "Executive Director"means the person hired and appointed by
the Board as the Authority's chief administrative officer to administer the affairs
of the Authority and to implement the policies of the Board.
1.11 "Fiscal Year"means the period commencing on each July 1 and
ending on the following June 30.
1.12 "HHW" means household hazardous waste as described in the
household hazardous waste element as required by the Act(Pub.Resources Code,
§40000 et seq.),as that element may be amended from time to time.
1.13 "HHWE" means the Household Hazardous Waste Element as
required by the Act (Pub. Resources Code, § 40000 et seq.) as that element may
be amended from time to time.
1.14 "IWMA" means the Authority as defined herein.
1.15 "IWMA Region" means the jurisdictional territory and
boundaries of all Participating Agencies.
Page 9 of 76
1.16 "Joint Facilities" means a materials recovery facility,
composting or HHW Facility, or other facility developed for the purpose of
complying with requirements established by state legislation or the regulations of
CalRecycle, or combination thereof, which is owned by some or all of the
Participating Agencies directly, or by the Authority, or by a private entity, or a
public agency,for the benefit of some or all of the Participating Agencies.
1.17 "Members"means the Cities 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."MRF" means a "materials recovery facility" which means a
permitted solid waste facility where solid wastes or recyclable materials are sorted
or separated, by hand or by use of machinery, for the purposes of recycling or
composting. (Title 14, Ch. 9, Art. 3, Section 18720, "Definitions.") "MRF" also
means a transfer station which is designed to, and, as a condition of its permit,
shall recover for reuse or recycling at least 15 percent of the total volume of
material received by the facility. (Pub. Resources Code, §50000(a)(4).)
1.18 "Participating Agency" or "Participating Agencies" means and
shall include the Cities and the Authorized Districts who are signatories to this
Agreement,delegating powers to the Authority pursuant to this Agreement, and
participating in the governance of the IWMA.
1.19 "NDFE" means a Nondisposal Facility Element as required by
the Act(Pub. Resources Code, §40000 et seq.),as that element may be amended
from time to time.
1.20 "Revenue Bonds" means revenue bonds, notes, certificates of
participation and any other instruments and evidences of indebtedness issued by
Page 10 of 76
the Authority from time to time pursuant to the law or any other applicable law in
order to finance the MRF,any Joint Facilities or any Sole Use Facilities.
1.21 "Sole Use Facilities" means an integrated resource recovery
facility, performing one or more of the functions of a MRF, composting or HHW
Facility which is located within the boundary of the Authority and is owned by one
Participating Agency or a private entity,but in all events is operated for the benefit
of the residents and/or constituents of the IWMA Region.
1.22 "Solid Waste Landfill" shall have the meaning set forth in
Section 40195.1 of the Public Resources Code, as that section may be amended
from time to time.
1.23 "SRRE" means a Source Reduction And Recycling Element as
required by the Act (Pub. Resources Code, §40000 et seq.), as that element may
be amended from time to time.
SECTION 2. Purpose.
Government Code section 6500 et seq. provides that two or more public agencies
by agreement may jointly exercise any power common to the contracting parties.
Public Resources Code section 40977 authorizes a district to be included as a
member of a regional agency. Public Resources Code section 40976 authorizes a
city or county to enter into a memorandum of understanding with another city,
county, or district for the purpose of preparing and implementing source
reduction and recycling elements or a countywide integrated waste management
plan. It is the intent of the Participating Agencies to utilize these statutory
authorizations in this Agreement.
Page 11 of 76
The Participating Agencies enter this Agreement with the intent to operate the
Authority in compliance with the requirements of the Act and other state
legislation, with a minimum level of staff, addressing those operations and
programs that can be most cost-effectively handled at the regional level by
maximizing local resources, private sector participation, and contract services
provision. The duties and responsibilities of each Participating Agency are
described in the applicable adopted plans. The Authority is formed with the
purpose and intent of facilitating the development of programs and projects
related to waste diversion for the benefits of the residents and/or constituents of
the IWMA Region that provide economies of scale without interfering with
individual agencies' exercise of power within their own jurisdiction.
SECTION 3. Creation of Authority.
3.1 The Cities hereby re-create and re-establish an authority and
public entity to continue to be known as the "San Luis Obispo County Integrated
Waste Management Authority," (hereinafter referred to as the "Authority" or
"IWMA") it being understood that the Board shall be entitled to change the
Authority's name from time to time. The Authority shall be a public entity
separate from each of the Cities and the Authorized Districts.
3.2 The Authority shall constitute and remain as a regional agency
pursuant to Public Resources Code section 40970 et seq. The regional agency shall
include one(1)Authorized District Representative as a member pursuant to Public
Resources Code section 40977. Said regional agency, and not the Participating
Agencies of the regional agency, shall be responsible for compliance with the
waste diversion requirements set forth in Public Resources Code, Article 1 of
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Chapter 6(commencing with Section 41780).In the event that the regional agency
fails to comply with said waste diversion requirements, it is expressly understood
and agreed that Section 14 of this Agreement shall provide for indemnification for
the benefit of the regional agency and its Participating Agencies as specifically set
forth therein.
3.3 The assets, rights, debts, liabilities, and obligations of the
Authority shall not constitute assets, rights, debts,liabilities,or obligations of any
of the Participating Agencies. However, nothing in this Agreement shall prevent
any Participating Agency from separately contracting for, or assuming
responsibility for, specific debts, liabilities, or obligations of the Authority,
provided that both the Board and that Participating Agency approve such contract
or assumption in writing.
3.4 This Second Amended and Restated Joint Powers Agreement
shall take effect upon its adoption by each of the Cities. The Authorized Districts,
and each of them, may elect to participate in the IWMA by execution of this
agreement wherein they shall be bound by its terms and conditions. All prior
agreements, including the MOA, shall be extinguished upon the execution of this
Agreement by the Cities.
SECTION 4. Inclusion of the Authorized Districts.
4.1 This Second Amended and Restated Joint Powers Agreement
shall be considered a Memorandum of Understanding between the Cities and the
Authorized Districts to allow one(1) representatives of the Authorized Districts to
participate in the governance of the IWMA pursuant to Section 40977 of the Public
Resources Code. Participation of the Authorized Districts is limited to special
Page 13 of 76
districts within San Luis Obispo County that possess solid waste authority. The
Authorized District Representative shall have all the governing rights and powers
granted to an IWMA City Member. This Second Amended and Restated Joint
Powers Agreement shall supersede, replace, and supplant the Memorandum of
Agreement executed by and between the Cities, the County, and the Authorized
Districts in or around 2001.
4.2 Authorized Districts, collectively, shall appoint or elect one
representative and one alternate to represent the Authorized Districts on the
IWMA Board of Directors. Authorized District Representative shall be limited to
elected or appointed officials of an Authorized District. Said representatives shall
represent the collective interests of all Authorized Districts. The selected
Authorized District Representative shall serve a defined term, if so determined by
the Authorized Districts,or so long as they hold an elected or appointed office with
their Participating Agency, or until they resign or are removed prior to the end of
their term. The Authorized District Representative alternate shall be entitled to
vote on IWMA matters only in the absence of the Authorized District
Representative.
4.3 The Authorized Districts, as Participating Agencies, shall have
no individual powers and/or authority other than through the Authorized District
Representative.
SECTION 5.Term.
The Authority is and remains effective as of the date of this Agreement. It shall
continue until dissolved in accordance with Section 15 of this Agreement.
However, in no event shall the Authority be dissolved if its dissolution would
Page 14 of 76
conflict with or violate the terms or conditions of any Revenue Bonds or related
documentation including,without limitation,indentures,resolutions,and letter of
credit agreements.
SECTION 6. Powers.
6.1 The Authority is empowered to acquire, construct, finance,
refinance, operate, regulate and maintain a Solid Waste Landfill,transfer station,
MRF,composting,HHW,orJoint Facilities and Sole Use Facilities subject,however,
to the conditions and restrictions contained in this Agreement.The Authority shall
also have the power to plan, study and recommend proper solid waste
management consistent with the Act and other legislation and, to the extent
permitted by the Act and this Agreement,implement plans approved by the IWMA
and the programs specified in the state approved and locally adopted SRREs,the
HHWE, the NDFE, and the Countywide or Regional Siting Element for all or any
portion of the area included within the IWMA Region. Notwithstanding any other
provisions of this Agreement, the Authority shall not acquire, regulate, set fees
for, or operate any solid waste landfills, recycling,or composting facilities owned
or operated by Participating Agencies without the express written consent of such
Participating Agency.
6.2 To the full extent permitted by applicable law,the Authority is
authorized,in its own name,to do all acts necessary or convenient for the exercise
of such powers that each Member could exercise separately including, without
limitation,any and all of the following:
(a) to make and enter into contracts;
(b) to apply for and accept grants,advances and contributions;
Page 15 of 76
(c) to contract for the services of engineers, attorneys,
accountants, planners, consultants, fiscal agents and other
persons and entities;
(d) to make plans and conduct studies;
(e) to acquire, improve, hold, lease and dispose of real and
personal property of all types;
(f) to sue and be sued in its own name;
(g) to incur and discharge debts, liabilities and obligations;
(h) to establish rates,tolls,tipping fees, other fees, rentals and
other charges in connection with the Authority's facilities
identified in Paragraph 6.1 herein, as well as any and all
services and programs provided and/or implemented by
the Authority;
(i) to hire agents and employees;
(j) to exercise the power of eminent domain for the acquisition
of real and personal property;
(k) to issue Revenue Bonds, grant or bond anticipation notes,
or other governmental financing instruments, in
accordance with all applicable laws for the purpose of
raising funds to finance or refinance the acquisition,
construction, improvement, renovation, repair, operation,
regulation or maintenance of the facilities identified in
Paragraph 6.1 herein or as otherwise deemed necessary or
beneficial to the Authority;
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(I) to sell or lease the facilities identified in Paragraph 6.1
herein;
(m) to loan the proceeds of Revenue Bonds to any person or
entity to finance or refinance the acquisition, construction,
improvement, renovation or repair of the facilities
identified in Paragraph 6.1 herein;
(n) to provide that the holders of Revenue Bonds, whether
directly or through a representative such as an indenture
trustee,be third party beneficiaries of any of the obligations
of any Member to the Authority and to covenant with the.
holders of any Revenue Bonds on behalf of any such
Member to perform such obligations and comply with any
agreements that Member may have with the Authority;
(o) to prepare and implement plans and programs as deemed
necessary and/or beneficial to the Authority in carrying out
the purposes of this Agreement;
(p) to provide public education, outreach, and marketing
activities in support of diversion and edible food recovery
programs;
(q) to enter into memorandums of understanding with other
regional agencies,cities,counties,and special districts;
(r) to adopt,as authorized by California law,ordinances as are
necessary to ensure and oversee compliance with any and
all current and future state-mandated legislation and
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•
programs related to solid waste, recycling, and waste
diversion;
(s) to act as the delegate, on behalf of the Participating
Agencies,for the responsibilities of compliance,monitoring,
reporting, and education of all state-mandated legislation,
including, but not limited to the Integrated Waste
Management Act, Assembly Bill 341, Assembly Bill 1826,
and Senate Bill 1383.
6.3 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 in the exercise of similar powers.
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.
Should the Participating Agencies desire to designate an alternative agency for the
purposes of Section 6509, such new designation may be changed by resolution of
the Participating Agencies without need for an amendment to this Agreement.
6.4 This Agreement shall not limit the ability of the Participating
Agencies to plan, administer, implement, and otherwise conduct waste
management and other related local programs as deemed appropriate by the
agency and consistent with the purpose and intent of this Agreement.
SECTION 7. Expressed Limitation of Powers.
The Authority's power to adopt, impose, implement, and/or comply with
regulations and ordinances is expressly limited to state-mandated legislation and
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regulations related to solid waste, recycling, organic waste, and waste diversion.
The Authority shall establish a budget policy requiring Board consideration of the
minimum work required to comply with state mandates and regulations in the
most demonstrably cost-effective way possible. Said policy shall not preclude
other requirements such as Board consideration of the equitable distribution of
services throughout the IWMA Region and program enhancements that are
funded by grant revenues and/or reimbursements from Participating Agencies.
Additionally,the IWMA shall establish a purchasing policy with a similar provision
when preparing scopes of work for consultants and independent contractors who
are engaged in implementing the Authority's projects and programs.
Notwithstanding the foregoing, all existing IWMA ordinances, rules, and
regulations,whether or not mandated by the state,shall remain in full force and
effect and not subject to this limitation of power unless otherwise determined by
the Board.
SECTION 8. Boundaries.
The boundaries of the Authority shall be the boundaries of the Cities and the
Authorized Districts identified herein as the IWMA Region. In the event a
Participating Agency withdraws from the Authority, the boundaries shall be
modified to exclude the area of the withdrawing agency. In the event a qualified
city or district 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.
Page 19 of 76
SECTION 9.Organization.
9.1 The Board. The Authority shall be governed by the Board,
which shall exercise or oversee the exercise of all powers and authority on behalf
of the Authority.
9.2 Participating Agencies.
(a) Cities. City membership in the Authority shall be
voluntary, but only the cities incorporated in the
County of San Luis Obispo presently or in the future,
are declared eligible for membership in the Authority
as a regional agency. City representatives to the
Authority shall consist of one (1) 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. The Cities may elect to
have an alternate member(s) in addition to any
official member, but said alternate shall be an elected
or appointed official and shall be able to vote only in
the absence of the official representative.
(b) Authorized Districts.The Authorized Districts shall be
collectively represented on the Board by one (1)
representative and one (1) alternate elected or
appointed by and among themselves.The Authorized
District Representative shall have all rights, power,
and authority granted to a City representative. The
Authorized District alternate shall be elected or
Page 20 of 76
appointed officials and entitled to vote only in the
absence of the official Authorized District
Representative.
(c) Representatives of the shall be appointed to serve on
the Board in accordance with procedures established
by each of the governing bodies of their respective
agencies, except that the Authorized District
Representative and alternate shall be elected or
appointed pursuant to Section 4. Representatives
shall serve so long as they hold office with their
member agency, until they shall resign or are
removed by a majority vote of their member agency,
or pursuant to a set term established by their
member agency.Vacancies among representatives or
alternates shall be filled in the same manner as the
first appointment.
(d) Designation of the official representative or
alternate(s),or changes thereto,shall be transmitted
in writing to the Executive Director of the Authority
by the appointing agency.
(e) In addition to the incorporated Cities and Authorized
Districts presently a party to this Agreement, any
other city or qualified special district which may
desire to participate in the activities of the Authority
may do so by executing this Agreement without prior
Page 21 of 76
approval or ratification of the named parties to this
Agreement and shall thereafter be governed by all
the terms and provisions of this Agreement as of the
date of execution.
(f) Membership and/or participation of any Participating
Agency shall be contingent upon the execution of this
Second Amended and Restated Joint Powers
Agreement, as same may be further amended from
time to time, with no requirement to execute the
Original JPA or any prior amendments thereto.
9.3 Principal Office. The principal office of the Authority shall be
located at 870 Osos Street, San Luis Obispo, CA 93401. The Board may change
that principal office upon giving at least 15 days' notice to each Participating
Agency and to CalRecycle.
9.4 Officers.
(a) The officers of the Board shall consist of a President
and Vice President elected for a term of one year by
a majority vote of the Board.
(b) Both the President and Vice President of the Board
shall be elected at the last meeting preceding July of
each year.
(c) The officers shall serve until their successors are
elected.
(d) The duties of the officers shall be as follows:
1) President
Page 22 of 76
a) Shall preside over all meetings of the
Board.
b) Shall appoint all ad hoc committees
subject to ratification by the Board.
c) Shall be an ex-officio member of all
committees.
d) Shall execute all contracts and legal
documents on behalf of the Authority
except those that have been delegated
to the Executive Director through
purchasing policies or other actions of
the Board of Directors.
2) Vice President
a) Shall serve as President pro-tem in the
absence of the President.
b) Shall give whatever aid necessary to the
President.
c) Shall be an ex-officio member of all
committees.
d) In the event of a vacancy occurring in the
office of either the President or Vice
President upon said officer's death,
resignation, removal or his/her ceasing
to be an official representative of a
member agency, such vacancy will be
Page 23 of 76
filled by majority vote of the Board, the
officer elected to serve for the balance
of the unexpired term.
9.5 Executive Director.The Board shall employ or contract for the
services of a general manager (the "Executive Director") who shall be the chief
administrative officer of the Authority. The Authority shall select a qualified
Executive Director using professional personnel standards and an open
competitive process. The Executive Director shall plan, organize and direct the
administration and operations of the Authority, either directly or by means of
delegation to IWMA staff, shall advise the Board on policy matters, shall
recommend an administrative structure to the Board, shall hire and discharge
administrative staff, shall develop and recommend budgets, shall reply to
communications on behalf of the Authority, shall approve payments of amounts
duly authorized by the Board, shall implement Board policy, shall carry out such
other duties that may be assigned to the Executive Director by the Board from
time to time,and shall attend meetings of the Board and committees as directed.
9.6 Committees.
(a) Committees, subcommittees, and advisory
committees may be established as the Board may
deem appropriate.
(b) Membership on "ad-hoc" policy committees shall be
at the discretion of the President, subject to
ratification by the Board, and consisting of less than
a quorum of the Board. Nothing herein shall be
construed to limit membership on these aforesaid
Page 24 of 76
committees to officials of the member agencies.The
President may appoint any individual deemed
qualified to serve on a committee.
(c) Standing Committees shall include an Executive
Committee and other committees as established by
the Board. The composition and bylaws of the
standing committees shall be established by the
Board by resolution. All Standing Committee
meetings shall be held subject to the provisions of the
Ralph M. Brown Act (Sections 54950 et seq. of the
California Government Code) and other applicable
laws of the State of California.
SECTION 10. Meetings of the Board.
10.1 Notice of Meetings. All meetings of the Board shall be held
subject to the provisions of the Ralph M. Brown Act(Sections 54950 et seq. of the
California Government Code)and other applicable laws of the State of California.
10.2 Regular Meetings. The Board shall hold at least four regular
meetings each year.The date upon which,and the hour and place at which,each
regular meeting shall be fixed by resolution of the Board.
10.3 Special Meetings.Special meetings of the Board may be called
in accordance with the provisions of the California Government Code.
10.4 Notice of Meetings. All meetings of the Board shall be held
subject to the provisions of the Ralph M. Brown Act(Sections 54950 et seq. of the
California Government Code) and other applicable laws of the State of California.
Page 25 of 76
10.5 Minutes. The Executive Director shall cause minutes of all
meetings of the Board and any standing committees of the Board to be kept and
shall, after each meeting and approval of the Board, cause a copy of the minutes
to be forwarded to each Participating Agency.
10.6 Quorum and Voting. For purposes of conducting business,
there shall be present a quorum consisting of a majority of the Board. Each
director shall have one vote. No action shall be effective without the affirmative
votes of a majority of those present.The Board shall adopt such procedures as are
consistent with this Agreement and applicable law and are necessary or helpful in
conducting the business of the Authority in an orderly manner.
10.7 Budget. The Cities and the County have entered into a
Memorandum of Agreement among the County of San Luis Obispo and the Cities
of Arroyo Grande,Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo
Beach, and San Luis Obispo for the Establishment and Payment of Landfill Tipping
Fee Surcharges To Support The San Luis Obispo Integrated Waste Management
Authority (the "MOA"). Pursuant to the MOA, those members of the Authority
having jurisdiction over such matters have agreed to establish tipping fee
surcharges (the `Tipping Fee Surcharges") which shall be paid into a Solid Waste
Authority—Trust Fund (as defined in the MOA)for the purposes therein.
(a) A line item and program budget for the Authority's
operations shall be adopted by the Board for the
ensuing Fiscal Year prior to June 30 of each year. All
costs incurred by the Authority shall be set forth in
the budget and shall be paid out of the solid waste
Page 26 of 76
fund derived from tipping fee surcharges and other
sources as approved by the Board.
The line item and program budget shall be submitted
in draft form to all Participating Agencies for review
and comment prior to adoption.
The line item and program budget shall include
sufficient detail to constitute an operating guideline,
the anticipated sources of funds,and the anticipated
expenditures to be made for the operations of the
Authority and the administration, maintenance and
operating costs of the facilities identified in
Paragraph 6.1 herein. Any budget for Sole Use
Facilities shall be maintained separately.Approval of
the line item and program budget by the Board shall
constitute authority for the Executive Director to
expend funds for the purposes outlined in the
approved budget, subject to the availability of funds.
(b) A budget for the acquisition, construction, or
operation of facilities, or for contracting for the
acquisition, construction, or operation of facilities,
identified in Paragraph 6.1 herein shall be adopted
by the Board before the Authority commits any
acquisition or construction funds or contracts. It
may be amended if and when determined by the
Page 27 of 76
Board. Approval of the budget(s) for the facilities
identified in Paragraph 6.1 herein shall constitute
authority for the Executive Director (or any trustee
or other fiduciary appointed by the Authority) to
receive state or federal grant funds and proceeds of
Revenue Bonds and to expend funds for the
acquisition, construction, or operation of the
facilities identified in Paragraph 6.1 herein.
(c) A budget(s)governing the acquisition,construction,
or operation of Sole Use Facilities may be adopted
by the affected Participating Agency or Agencies.
When such budgets are adopted by affected parties,
appropriate accounts shall be established by the
Authority and designated as such participant or
participant's fund. Disbursement of such funds by
the Authority shall be made only upon receipt of
written authorization from the designated finance
officer of the affected Participating Agency or
Agencies. Receipts and disbursements for the
acquisition or construction of Sole Use Facilities may
also be made directly by the affected Participating
Agency or Agencies, in which case such budgets
shall not be a part of the budget of the Authority.
10.8 Rules of Procedure. The Board shall from time to time,
establish written rules and procedures for the conduct of their meetings.
Page 28 of 76
SECTION 11. Joint Operating Fund and Contributions.
The Authority shall have the power to establish a joint operating fund. The fund
shall be used to pay all administrative,operating, and other expenses incurred by
the Authority. Funding shall be on an enterprise basis or as determined by the
Board. All monies in the joint operating fund shall be paid out by the Auditor-
Controller / Treasurer for the purposes for which the fund was created upon
authorization by the President of the Board and approval by the Executive Director
of demands for payment, or as otherwise authorized by resolution of the Board
filed with the Auditor-Controller / Treasurer. No Participating Agency shall be
obligated to make any contributions of funds to the Authority for facilities to be
established in accordance with Section 6.1 or pay any other amounts on behalf of
the Authority, other than as required by this Section 11,without that Participating
Agency's consent evidenced by a written instrument signed by a duly authorized
representative of that Participating Agency. The Authority shall contract with an
independent certified professional accountant to conduct annual fiscal audits as
required by applicable statute or legislation and report the results of such audit to
the Board.
11.1 Auditor-Controller / Treasurer. The Auditor-Controller /
Treasurer of San Luis Obispo County shall be the Auditor-Controller/Treasurer of
the Authority.The Auditor-Controller/Treasurer shall preform all responsibilities
and obligations as provided in Government Code section 6505.5.To the extent a
conflict exists between this Section 11 and the Government Code, the
Government Code shall control.
Page 29 of 76
11.2 Notwithstanding Sections 11.1 above, designation of the
Auditor-Controller/Treasurer may be changed from time to time by resolution of
the Board without necessitating amendment to this Agreement.
SECTION 12. Records and Accounts.
This Section and Section 11 are intended to ensure strict accountability of all funds
of the Authority and to provide accurate reporting of receipts and disbursements
of such funds.The Authority shall maintain accurate and correct books of account,
showing in detail the costs and expenses of any service or acquisition and
construction and the maintenance, operation, regulation and administration of
any service or Joint Facilities or Sole Use Facilities,and all financial transactions of
the Participating Agencies relating to any service or Joint Facilities or Sole Use
Facilities. Books and records shall be established and maintained in accordance
with generally accepted accounting principles promulgated by the California State
Controller's Office and the Governmental Accounting Standards Board.The books
of account shall correctly show any receipts and any costs, expenses, or charges
to be paid by all or any of the Participating Agencies.The books of account shall
be open to inspection at all times by a representative or agent of any of the
Participating Agencies. In addition, if required by any resolution authorizing the
issuance of Revenue Bonds, the Authority shall maintain appropriate books,
records,accounts and files relating to each project as required by such resolution
which shall be open to inspection by holders of Revenue Bonds if and to the
extent,and in the manner, provided in the resolution.
Page 30 of 76
SECTION 13. Rates and Fees.
The Authority shall be funded by a combination of rates, fees, and other funding
mechanisms as allowed by applicable authority. Use of revenue from rates and
fees shall not be restricted based upon the funding mechanism. The Authority
shall establish and regulate rates and/or tipping fees at facilities within the County
of San Luis Obispo,such as landfills or other collection sites,for(1)the operation,
acquisition, construction, repair, and maintenance of new and existing facilities;
(2) the implementation of state legislation and regulations; (3) the operation of
programs, education, outreach, monitoring and enforcement efforts; and (4) the
preparation,adoption, and implementation a regional management plan.
The Authority may impose fees in amounts sufficient for (1) the implementation
of state legislation and supporting programs; (2) education outreach, monitoring,
reporting and compliance efforts; (3) the preparation, adoption, and
implementation of a regional management plan; and (4) any other purposes as
provided for by this Agreement. Revenue generation may include fees imposed
on "Haulers" (defined as companies with an agreement with a governmental
entity for the collection of solid waste, recyclables, or green waste in San Luis
Obispo County), assessments, or any other funding mechanism as allowed by
applicable authority. Rates and fees shall be set or modified by resolution only.
Prior to the Authority increasing rates or fees,or imposing new rates or fees,the
Authority shall provide the Participating Agencies with all necessary facts, data,
information and analyses related to justification and/or explanation of the
proposed rates and fees that meet all applicable legal requirements to support
their adoption. The Authority shall coordinate with the Participating Agency
Page 31 of 76
managers in this regard to ensure the facts, data, information and analyses
provided by the Authority is adequate to enable the Participating Agencies to
implement the Authority's proposed rates and fees through the Proposition 218
process, if deemed applicable to a Participating Agency by that Agency; however,
determinations regarding the application of Proposition 218 to any proposed
increased rate or fee shall be made solely by each Participating Agency with no
Authority representations of any kind.
The Authority shall establish a rate and/or fee setting policy which shall govern
the obligations of the Authority to its Participating Agencies in the implementation
of any new or increased rates or fees.
SECTION 14. Failure to Meet Waste Stream Requirements.
The Authority shall be entitled to cause the waste streams of each Participating
Agency to be monitored, pursuant to procedures approved by the Board, in order
to determine whether state waste diversion requirements are being met. If the
waste stream diversion of any Participating Agency fails to meet any such
requirements, including but not limited to taking all actions necessary to comply
with state mandates,that Participating Agency shall be solely responsible for any
and all resulting liabilities, damages,fines, criminal and civil sanctions, and costs
and expenses. That Participating Agency shall also indemnify and hold the
Authority and the other Participating Agencies harmless from and against any and
all liabilities, damages,fines, sanctions, costs and expenses that are incurred as a
result of the violation or a claimed violation including, without limitation, all fees
and costs of legal counsel. If two or more Participating Agencies are responsible
Page 32 of 76
for a failure to meet any such requirements or are claimed to have violated any
such requirements, the Participating Agencies responsible for the violations or
which are the subject of such claims shall be responsible to, and shall indemnify,
the Authority and the other Participating Agencies in proportion to their relative
responsibility for the violations or claimed violations. Upon notification of any
such violation or claim, the Participating Agency or Agencies shall take such
prompt, corrective action as is necessary to meet the requirements. Nothing in
this Section shall preclude one or more Participating Agencies or the Authority
from imposing or establishing additional incentives to meet waste diversion
requirements.
SECTION 15. Withdrawal and Dissolution.
15.1 The parties to this Agreement pledge full cooperation and
agree to assign representatives to serve as official appointed representatives of
the Authority or any committee or subcommittee thereof who shall act for and on
behalf of their Participating Agency in any or all matters which shall come before
the Authority, subject to any necessary approval of their acts by the governing
bodies of the Participating Agencies.
15.2 Any party to this Agreement may withdraw from the Authority,
upon providing six(6)months'prior written notice,and terminate its participation
in this Agreement by resolution of its governing body. The withdrawal of the
Participating Agency shall have no effect on the continuance of this Agreement
among the remaining Participating Agencies, and the Agreement shall remain in
full force and effect with respect to the remaining Participating Agencies. No
Page 33 of 76
withdrawal shall become effective until six (6) months after receipt of the written
notice by the Authority.
15.3 A Participating Agency which has withdrawn from the
Authority shall not be liable for the payment of further contributions falling due
beyond the date of withdrawal and shall have no right to reimbursement of any
monies previously paid to the Authority. The Authority may authorize a
reimbursement if in its judgment such reimbursement is fair and equitable and
can be done without jeopardy to the operation of the Authority. If any
Participating Agency fails to pay.a required contribution, as determined by the
Board, that Participating Agency shall be provided with a sixty (60) day written
notice and an opportunity to cure. If the Board determines that the Participating
Agency has failed to cure or negotiate a cure within sixty (60) days following
delivery of the written notice shall be deemed a voluntary withdrawal from the
Authority.
15.4 The Authority may be dissolved at any time and this Agreement
terminated by a joint agreement duly-approved and executed by a majority of the
Members which are parties hereto. Said termination agreement shall provide for
the orderly payment of all outstanding debts and obligations and for the return of
any surplus funds of the Authority in proportion to the contributions made by the
Participating Agencies. In the event the Authority is dissolved, the individual
Participating Agencies shall be responsible for complying with the requirements
of the Act as included in the approved SRREs, HHWE, NDFE, Countywide or
Regional Siting Element and Integrated Waste Management Plan in addition to
compliance with all waste management related legislation.
Page 34 of 76
SECTION 16. Amendments Including Termination.
This Agreement may only be amended or terminated by a written instrument
executed by a majority of the Members and meeting the requirements imposed
by the terms or conditions of all Revenue Bonds and related documentation
including, without limitation, indentures, resolutions, and letter of credit
agreements. Notwithstanding the foregoing, no amendment or termination shall
require any Participating Agency to contribute any funds to the Authority or
become directly or contingently liable for any debts, liabilities or obligations of
the Authority without the consent of that agency evidenced in a written
instrument signed by a duly authorized representative of that Participating
Agency.
SECTION 17. Filing with the Secretary of State.
The Secretary shall file all required notices with the Secretary of State in
accordance with California Government Code sections 6503.5 and 53051
SECTION 18. Notices.
All notices which any Participating Agency of the Authority may wish to give in
connection with this Agreement shall be in writing and shall be served by personal
delivery, by electronic mail, or by US mail addressed to the Participating Agency,
or Participating Agencies, or the Authority at its principal office, or to such other
address as the Authority or Participating Agency or Participating Agencies may
designate from time to time by written notice given in the manner specified in this
Section. Service of notice pursuant to this Section shall be deemed complete on
the day of service by personal delivery(but 24 hours after such delivery in the case
Page 35 of 76
of notices of special meetings of the Board),two days after mailing if deposited in
the United States mail, or in 24 hours if provided by electronic mail.
SECTION 19. Successors and Assigns.
This Agreement shall be binding upon and shall inure to the benefit of the
permitted successors and assigns of the Participating Agencies. However, no
Participating Agency shall assign any of its rights under this Agreement except to
a duly formed public entity organized and existing under the laws of the State of
California approved by a majority of the voting Directors who do not represent the
assigning Participating Agency. No assignment shall be effective unless and until
the Authority,the Participating Agencies,and the proposed assignee comply with
all then applicable requirements of law relating to changes in the composition of
entities such as the Authority if and when they have Revenue Bonds outstanding
and with the terms and conditions of all Revenue Bonds and related
documentation including,without limitation, indentures, resolutions and letter of
credit agreements.
SECTION 20. Severability.
Should any part, term, sentence, or provision of this Agreement be decided by a
final judgment of a court or arbitrator to be illegal or in conflict with any law of the
State of California or otherwise be unenforceable or ineffectual,the validity of its
remaining parts, terms, sentences, and provisions shall not be affected and the
Participating Agencies represent that they would have adopted this Agreement
even without the ineffectual or non-valid provision(s).
•
Page 36 of 76
SECTION 21. Section Headings.
All section headings contained in this Agreement are for convenience and
reference. They are not intended to define or limit the scope of any provision of
this Agreement.
SECTION 22. Effective Date.
This Agreement shall take effect upon its execution by all Members, 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
Agreement may be executed in counterparts which together shall constitute a
single agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the day and year first hereinabove written.
Page 37 of 76
PARTICIPATING AGENCIES
CITIES AUTHORIZED DISTRICTS
Arroyo Grande Avila Beach CSD
Atascadero California Valley CSD
El Paso de Robles Cambria CSD
Grover Beach Cayucos Sanitary District
Morro Bay Ground Squirrel Hollow CSD
Pismo Beach Heritage Ranch CSD
San Luis Obispo Los Osos CSD
Nipomo CSD
Oceano CSD
San Miguel CSD
San Simeon CSD
Templeton CSD
Page 38 of 76
CITY OF ARROYO GRANDE
By: 46Date: s/21)22
Mayor
tbou c" Resolution No. 61.1Clark
APPROVED S TO FORM AND LEGAL EFFECT:
( i2
By: Date: /2.
City Attorney
•
3
Page 39 of 76
CITY OF ATASCADERO
gy: Date: June 29,2022
Mayor
Pr CI- •
"
APPROVED AS TO FORM AND LEGAL EFFECT:
_
By: 61---) Date: June 29,2022
City Attorney
4
Page 40 of 76
AVILA BEACH COMMUNITY SERVICES DISTRICT
By: $ ( "�" Date: Sb�ZO ZZ
Chairperson
Resolution No. Vietm-
1440
lele44141‘6---
APPROVED AS TO FORM AND LEGAL EFFECT: IVA
By: Date:
Attorney
11
Page 41 of 76
CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT
J
By: iLti Date: O 71 2-09/2
halrperson
40ne,bResolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: Date:
Attorney
12
Page 42 of 76
DocuSign Envelope ID.1391E24D-89DC-49EF-8298-CA3C0E2E9B11
WHEREAS, the Board of Directors of the Cambria Community Services District desires
to acknowledge,accept,and agree to be bound by the terms and conditions of the Second
Amended and Restated JPA.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Cambria
Community Services District as follows
1. The foregoing Recitals are true,correct and are incorporated herein.
2. The Cambria Community Services District hereby acknowledges, accepts, and
agrees to be bound by the terms and conditions of the Second Amended and
Restated JPA, a copy of which is attached hereto as Exhibit A and incorporated
herein by reference.
3. This Resolution shall take effect immediately upon adoption.The General Manager
or his designee is directed to deliver this adopted Resolution to the IWMA's Interim
Executive Director and Executive Committee.
Resolution 48-2022 was adopted at a Regular Meeting of the Cambria Community
Services District on July 14,2022.
NOWA.kOWtil
Donn -iowell,
President, Board of Directors
PPRAO tED AS TO FORM:
r—tomr.Wit 4
Leah Reedall, Board Secretary �ir4�d by .4tarmel, District Counsel
Page 43 of 76
HERITAGE RANCH COMMUNITY SERVICES DISTRICT
BY: 1 � Date: �^ - 22._
Chairperson
(J.��j� __—Resolution No. Z z —1°
C •
�� _
i
APPROVEb AS TO AND LEGAL EFFECT:
Date:
Attorney
•
•
16
Page 44 of 76
•
CITY OF GROVER BEACH
stir 'Nu,
¢y: I1:4,i Date: (.1tZ/27L�? ZZ.
�•7 aye
1
___ 4__ evl�___ Resoluflon No. a -a .•
Clerk
•
APP VE; TOO FORM AND LEGAL EFFECT:
Z.0� Ity ttarney
i
6
•
Page 45 of 76
LOS OSOS COMMUNITY SERVICES DISTRICT
By: Prf;&— Date: 6-21-22_ _
Resolution No. 2,°22_I41
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: Date:
Attorney
17
Page 46 of 76
CITY OF MORRO BAY
B �� :a�' Date: '
1 ',M;yor
Resolution No. 62'7-v
«ZZJJ Clerk
>4-1% S In—
APPROVED
n -APPROVED AS TO FORM AND LEGAL EFFECT:
By: t_ vis yvAlifnir, yidDate: 7 a-?-
City Attorn
CWS ./t4 OF ICr
Page 47 of 76
OCEANO COMMUNITY SERVICES DISTRICT
By: //6,0,-- 77/1' 444-Pate: 1/ `-r/-2_62--z-
President
( Board Secretary
APPROVED AS TO FORM AND LEGAL EFFECT:
By: Date: 7/14/2022
Attorney/
19
Page 48 of 76
CITY OF EL PASO DE ROBLES
Shwety W.Mardiv Jun 7,2022
By:Steven W.Marlin(Nnl,102214:15WI Date:
Mayor
(1 Resolution No. 22-049
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By.El,
E6urbeth Wafer Ifidt DPDT) ate: May 29,2022
City Attorney
Page 49 of 76
DocuSign Envelope ID F698C970-307A-4AF1-85E7-6906D8163A72
CITY OF PISMO BEACH
r—oowegn.d by.
Fail/14OG` 7/1/2022
By: 4.--E05e24E053144AG.. Date:
Mayor
oo..eq••d by
G<7�
1F372 F7Coe 24rA Resolution No. R-2022-060
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
,—oaosyn.d by.
7/5/2022
By: '—ea.Ce7enwI24e5. Date:
City Attorney
8
Page 50 of 76
DocuSign Envelope ID'8C5E7678-5ACD-4F20-8E0C-5FF88E0F3088
Resolution No. 11337(2022 Series) Page 2
WHEREAS, all Authorized Districts are encouraged to execute the Second
Amended and Restated JPA prior to October 15, 2022, or otherwise pursue means by
which 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;and
WHEREAS, the City Council of the City of San Luis Obispo desires to
acknowledge,accept,and agree to be bound by the terms and conditions of the Second
Amended and Restated JPA.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City of San Luis Obispo acknowledges,accepts,and agrees to be bound
by the terms and conditions as set forth in Exhibit A.
Upon motion of Vice Mayor Christianson, seconded by Council Member
Shoresman,and on the following roll call vote:
AYES: Council Member Marx, Pease, Shoresman, Vice Mayor
Christianson,and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 2151 day of June 2022.
,—OoeuSynee by:
/WO JI
`1159908ABCBCA/Be_.
Mayor Erica A.Stewart
ATTEST:
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Teresa Purrington,City Clerk
APPROVED AS TO FORM:
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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 6/27/2022 I 7:47 AM PDT
CDeeuSlp(ned by:
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Teresa Purrington,City Clerk
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Page 51 of 76
SAN MIGUEL COMMUNITY SERVICES DISTRICT
On the motion of Director Palafox,seconded by Director Gregory and on the following roll
call vote,to wit:
AYES:Kahan,Roney,Palafox,Gregory
NOES:0
ABSENT:Lara
ABSTAINING:0
the foregoing Resolution is hereby passed and adopted this 23"t day of June 2022.
Rayn,•Greg y, 're rdenl,
Boar (f Direct'rs
ATTEST:,11 1 APPROVED AS TO FORM:
f / larritekN ..w,
Rol Roberson, ntcrim General Manager Doug White,District General Counsel
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Tamara Parent,Board Clerk
I'agc.3 of 3
Page 52 of 76
SAN SIMEON COMMUNITY SERVICES DISTRICT
/!
By: cf t( Date: 221,
C :irperson
72 71_ Resolution No. 22-454
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
' J
By: / Date: 11/14/2022
Attorney
21
Page 53 of 76
EXHIBIT B
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 ,2023, 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 WA
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. Defmitions.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
Page 54 of 76
•
• - "1.17 "Members"means the Cities and the County who are members ofthis 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 this 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 defmition of"Members",in the 2022 WA Agreement,and such defmition 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 to include a new paragraph 9.2(g)to read
- . as follows:
"(g) County.The County shall be entitled to appoint one representative to the Authority
f • • which representative shall consist of one(1)member from Board of Supervisors.The County
._ may elect to have an alternate member from the Board of Supervisors in addition to any
_.__ officiaLmemberbut said appointed altemate.shall be able to vote only in the absence of the
official representative."
- -. 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 executedin counterparts which together shall constitute a single agreement.
Electronically executed signatures:may be accepted in lieu of originals if a Member agency has
authorizedelectronic signatures through policy or otherwise.
[ParticipatingAgency Signature Pages Follow]
2
Page 55 of 76
CITY OF ARROYO GRANDE:
By: Date
Mayor .
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT: - .
By:
City Attorney . • . - .. . . , . .
[Signature Page—City of Arroyo Grande]
[Joinder Amendment to Second Amended and Restated JPA]
Page 56 of 76
CITY OF ATASCADERO:
By: Date
Mayor
By:
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
[Signature Page—City of Atascadero]
[Joinder Amendment to Second Amended and Restated WA]
Page 57 of 76
CITY OF EL PASO DE ROBLES:
By: Date
Mayor
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
[Signature Page—City of El Paso De Robles]
[Joinder Amendment to Second Amended and Restated WA]
Page 58 of 76
CITY OF GROVER BEACH
By: Date
Mayor
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
,
[Signature Page—City of Grover Beach]
[Joinder Amendment to Second Amended and Restated JPA]
Page 59 of 76
CITY OF MORRO BAY
By: Date
Mayor
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
[Signature Page—City of Morro Bay]
[Joinder Amendment to Second Amended and Restated JPA]
•
Page 60 of 76
CITY OF PISMO BEACH
By: Date
Mayor
By: Resolution No. _
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
City Attorney
[Signature Page—City of Pismo Beach]
[Joinder Amendment to Second Amended and Restated WA]
Page 61 of 76
CITY OF SAN LUIS OBISPO
WHEREAS,all Authorized Districts are encouraged to execute the Joinder Amendment to Second
Amended and Restated WA prior to ,or otherwise pursue means by
which 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;and
WHEREAS,the City Council of the City of San Luis Obispo desires to acknowledge,
accept,and agree to be bound by the terms and conditions of the Joinder Amendment to Second
Amended and Restated JPA.
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo
that the City of San Luis Obispo acknowledges,accepts,and agrees to be bound by the terms and
conditions as set forth in Exhibit A.Upon motion of Vice Mayor Marx,seconded by Council
Member ,and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of
BY:
Mayor
ATTEST: APPROVED AS TO FORM:
By: By
City Clerk City Attorney
IN WITNESS WHEREOF,I have hereunto set my and affixed the official seal of the City of San
Luis Obispo,California,on
By:
City Clerk
[Signature Page—City of San Luis Obispo]
[Joinder Amendment to Second Amended and Restated JPA]
Page 62 of 76
COUNTY OF SAN LUIS OBISPO
By: Date
Chairperson
By: Resolution No.
Clerk
By:
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: �C/c.r...—rDate: October 23,2023
Deputy County Counsel
[Signature Page—County of San Luis Obispo]
[Joinder Amendment to Second Amended and Restated WA]
Page 63 of 76
AVILA BEACH COMMUNITY SERVICES DISTRICT
By: Date
Chairperson
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—Avila Beach Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 64 of 76
CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT
By: Date
Chairperson
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—California Valley Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 65 of 76
CAMBRIA COMMUNITY SERVICES DISTRICT:
WHEREAS,the Board of Directors of the Cambria Community Services District desires to
acknowledge,accept,and agree to be bound by the terms and conditions of the Joinder Amendment
to Second Amended and Restated JPA.
NOW,THEREFORE,BE IT RESOLVED by the Board of Directors of the Cambria Community
Services District as follows
1. The foregoing Recitals are true,correct and are incorporated herein.
2. The Cambria Community Services District hereby acknowledges,accepts,and agrees to
be bound by the terms and conditions of the Joiner Amendment to Second Amended and
Restated JPA,a copy of which is attached hereto as Exhibit A and incorporated herein
by reference.
3. This Resolution shall take effect immediately upon adoption.The General Manager or
his designee is directed to deliver this adopted Resolution to the IWMA's Interim
Executive Director and Executive Committee.
Resolution was adopted at a Regular Meeting of the Cambria Community Services
District on
By:
President,Board of Directors
ATTEST: APPROVED AS TO FORM:
By: By:
Board Secretary District Counsel
[Signature Page—Cambria Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 66 of 76
HERITAGE RANCH COMMUNITY SERVICES DISTRICT
By: Date
Chairperson
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—Heritage Ranch Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 67 of 76
LOS OSOS COMMUNITY SERVICES DISTRICT
By: Date
President
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—Los Osos Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 68 of 76
OCEANO COMMUNITY SERVICES DISTRICT
By: Date
President
By:
Board Secretary
APPROVED AS TO FORM AND LEGAL EFFECT:
By: Date:
Attorney
[Signature Page—Oceano Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 69 of 76
SAN MIGUEL COMMUNITY SERVICES DISTRICT
On the motion of Director ,seconded by Director and on the
following roll call vote,to wit:
AYES:
NOES:
ABSENT:
ABSTAINING:
The foregoing Resolution is hereby passed and adopted this day of
By:
President,Board of Directors
ATTEST: APPROVED AS TO FORM:
By: By:
General Manager District General Counsel
By:
Board Clerk
[Signature Page—San Miguel Community Services District]
[Joinder Amendment to Second Amended and Restated WA]
Page 70 of 76
SAN SIMEON COMMUNITY SERVICES DISTRICT
By: Date
Chairperson
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—San Simeon Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 71 of 76
CAYUCOS SANITARY DISTRICT
By: Date
Chairperson
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—Cayucos Sanitary District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 72 of 76
GROUND SQUIRREL HOLLOW COMMUNITY SERVICES DISTRICT
By: Date
Chairperson
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—Ground Squirrel Hollow Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 73 of 76
NIPOMO COMMUNITY SERVICES DISTRICT
By: Date
Chairperson
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—Nipomo Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 74 of 76
TEMPLETON COMMUNITY SERVICES DISTRICT
By: Date
Chairperson
By: Resolution No.
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By:
Attorney
[Signature Page—Templeton Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
Page 75 of 76
LIST OF PARTICIPATING AGENCIES
CITIES AUTHORIZED DISTRICTS
Arroyo Grande Avila Beach CSD
Atascadero California Valley CSD
El Paso de Robles Cambria CSD
Grover Beach Cayucos Sanitary District
Morro Bay Ground Squirrel Hollow CSD
Pismo Beach Heritage Ranch CSD
San Luis Obispo Los Osos CSD
Nipomo CSD
COUNTY Oceanic.CSD
The County of San Luis Obispo San Miguel CSD
San Simeon CSD
Templeton CSD
List of Participating Agencies
Page 76 of 76
OFFICIAL CERTIFICATION
I, JESSICA MATSON, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 5340 was passed and adopted at a regular meeting of the City Council
of the City of Arroyo Grande on the 9th day of January, 2024.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11th day of
January, 2024.
Er
JESSICA MATSON, CITY CLERK