CC 2024-01-09_09.d. Second Amendment JPA IWMAItem 9.d.
MEMORANDUM
TO: City Council
FROM: Bill Robeson, Assistant City Manager/Public Works Director
BY: Shannon Sweeney, City Engineer
SUBJECT: Consideration of Resolution Adopting the 2023 County Joinder
Amendment to Second Amended and Restated Joint Powers
Agreement of the Integrated Waste Management Authority
DATE: January 9, 2024
SUMMARY OF ACTION:
Adopt a resolution adopting the 2023 County Joinder Amendment to the Second
Amended and Restated Joint Powers Agreement (JPA) of the Integrated Waste
Management Authority (IWMA).
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no direct fiscal impact to the City. IWMA related fees are a cost to solid waste
customers that are typically reflected in the rates paid at the landfill and for garbage
collection.
RECOMMENDATION:
Adopt a Resolution approving the 2023 County Joinder Agreement to Second Amended
and Restated Joint Powers Agreement of the Integrated Waste Management Authority
(“IWMA”), and 2) Find that rejoining the IWMA via the Resolution is not a project subject
to the California Environmental Quality Act (“CEQA”) because it has no potential to result
in either a direct, or reasonably foreseeable indirect, physical change in the environment.
(State CEQA Guidelines, §§ 15060, subd. (c)(2)-(3), 15378).
BACKGROUND:
The Integrated Waste Management Authority (IWMA) is a Joint Powers Authority (JPA)
that was formed in 1994 to pool agency resources and cost-effectively comply with
various State solid waste regulations, such as solid waste recycling and , more recently,
organic waste. Previous members included the County of San Luis Obispo (“County”),
seven cities (Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo
Beach, and San Luis Obispo) and Community Services Districts (including, but not limited
to, Heritage Ranch, San Miguel, and Nipomo).
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Item 9.d.
City Council
Consideration of Resolution Adopting the 2023 County Joinder Amendment to
Second Amended and Restated Joint Powers Agreement of the Integrated Waste
Management Authority
January 9, 2024
Page 2
IWMA staff administer over 40 different solid waste programs, including monitoring and
reporting to the State, household hazardous waste collection, electronics waste
collection, sharps disposal, and public education and outreach. The IWMA’s activities are
funded through solid waste management fees imposed on waste through payment of
landfill tipping fee surcharges, charges to the contract waste haulers, and grant funding.
In 2021, the County of San Luis Obispo Board of Supervisors voted to leave the IWMA.
Less than two years later, the Board of Supervisors gave direction to County staff to
initiate discussions with the San Luis Obispo County IWMA and its member agencies to
rejoin the IWMA. IWMA and County Department of Public Works staff have met and
discussed the necessary coordination to bring the County back as a member of the IWMA.
At its October 11, 2023, IWMA Board meeting, the Board of Directors for the San Luis
Obispo County IWMA voted to approve the Joinder Agreement. This Joinder Amendment
was prepared and delivered to the County Department of Public Works as a pathway for
the County to rejoin the IWMA.
The Joinder Amendment fundamentally addresses two issues.
1. It allows the County to rejoin the JPA with one seat and one vote on the IWMA
Board;
1) It allows the IWMA Board to move the election of its officers to the beginning of
the calendar year.
At its October 31, 2023, meeting, the County Board of Supervisors voted to approve
Resolution No. 2023-276 (Exhibit A to Attachment 1) adopting the Second Amended and
Restated Joint Powers Agreement of the San Luis Obispo County IWMA as amended by
the 2023 County Joinder Amendment (Agreement), which enables the County to rejoin
as a JPA member.
The other member agencies in the County were asked to approve the same amended
Joint Powers Agreement, and have or will be considering the same before their legislative
bodies. For example, the Atascadero City Council approved rejoining the IWMA at its
November 28, 2023, City Council meeting. The City of Grover Beach City Council
approved rejoining the IWMA at its December 11, 2023, City Council meeting.
ANALYSIS OF ISSUES:
In order for the County to rejoin IWMA, a majority of the member agencies must adopt a
resolution and enter into the Agreement.
With the County rejoining the JPA two things will happen c oncurrently:
1. The Cancellation of the Memorandum Understanding, (MOU) between the
County and the IWMA for Household and Universal Waste Services.
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Item 9.d.
City Council
Consideration of Resolution Adopting the 2023 County Joinder Amendment to
Second Amended and Restated Joint Powers Agreement of the Integrated Waste
Management Authority
January 9, 2024
Page 3
2. The IWMA would then receive the 4.4% Solid Waste Management Fee from
County solid waste customers and the $3 per ton Landfill Tipping Fee
surcharge for waste generated from customers in the county unincorporated
area
As a member of the JPA the services that were previously provided through the MOU will
now be paid for through the Solid Waste Management Fee collected from County
residents. These services include:
• Household and business hazardous waste collection and management.
• Universal waste collection.
• Electronic waste collection.
• Curbside used motor oil collection and filter disposal.
• Retail Take-Back of batteries, fluorescent lighting, paint, mercury thermostats,
sharps and unwanted medication.
As a member of the JPA the IWMA will assume the roles and responsibilities of
reporting to the State of California on behalf of the Count y on its progress in meeting the
state mandated programs and reporting to CalRecycle for these solid waste and
recycling requirements including:
• SB 1383 the Short Live Climate Pollutant Reduction Strategy.
• AB 1826 the Mandatory Organics Recycling Ordinance.
• AB 341 the Mandatory Commercial Recycling Ordinance.
• AB 939 the Integrated Waste Management Plan as defined in the Source
Reduction and Recycling Element.
The IWMA will assume responsibility for reporting to CalRecycle on behalf of the County
for programs that include:
• Capacity Planning. (Organics Processing and Edible Food)
• Electronic Annual Reporting.
• Non-Disposal Facility Element.
• Siting Element. (Landfill Capacity)
• SB 1383 requirements.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt a Resolution approving the Joinder Agreement;
2. Do not adopt a Resolution. This action is not recommended because then City staff
will be responsible for solid waste capacity planning, electronic annual reporting,
and outreach education related to recent State law obligations rather than take
advantage of the regionalized approach available through IWMA. Note that even
if the City of Arroyo Grande doesn’t adopt the Joinder but the majo rity of the others
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Item 9.d.
City Council
Consideration of Resolution Adopting the 2023 County Joinder Amendment to
Second Amended and Restated Joint Powers Agreement of the Integrated Waste
Management Authority
January 9, 2024
Page 4
do, then the Joinder is adopted. However, the more agencies that join provide a
greater scale of economics for greater cost efficiencies in operation; or
3. Provide other direction to staff.
ADVANTAGES:
Staff believes the County’s return to the IWMA will be a benefit to the City of Arroyo
Grande, its rate payers and other regional agencies. Regionalism in solid waste provides
an economy of scale, ensures consistent education and outreach among member
jurisdictions, and has locally been a successful means of meeting waste diversion and
compliance requirements.
DISADVANTAGES:
No disadvantages have been identified for this action.
ENVIRONMENTAL REVIEW:
Rejoining IWMA via the attached resolution is not a project subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct,
or reasonably foreseeable indirect, physical change in the environment. (State CEQA
Guidelines, §§ 15060, subd. (c)(2)-(3), 15378).
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
Attachments:
1. Proposed Resolution Adopting 2023 County Joinder Amendment to Second
Amended and Restated Joint Powers Agree ment of the Integrated Waste
Management Authority
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ATTACHMENT 1
RESOLUTION NO. 2024-XX
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.
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RESOLUTION NO.
PAGE 2
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.
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 ________, seconded by Council Member _______, and by
the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was adopted this 9th day of January, 2024.
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________________________________
CAREN RAY RUSSOM, MAYOR
ATTEST:
_________________________________
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
_________________________________
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
_________________________________
ISAAC ROSEN, CITY ATTORNEY
RESOLUTION NO.
PAGE 3
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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
RESOLUTION NO.
PAGE 4
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PRESENT: Supervisors Bruce S. Gibson, Dawn Ortiz-Legg, Jimmy Paulding, Debbie Arnold
and Chairperson John Peschong
ABSENT: None
RESOLUTION NO. 2023-276
RESOLUTION ADOPTING THE SECOND AMENDED AND RESTATED JOINT POWERS
AGREEMENT TO ESTABLISH AN INTEGRATED WASTE MANAGEMENT AUTHORITY
The following Resolution is hereby offered and read:
WHEREAS, an agreement was executed by and between the incorporated cities of
San Luis Obispo County (“Cities”) and the County of San Luis Obispo (“County”) forming a
joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act
(the “Original JPA Agreement”), for the purpose of facilitating the development of waste
diversion programs and projects;
WHEREAS, pursuant to the terms of the Original JPA Agreement, the Cities and the
County created and established a public entity identified as the San Luis Obispo Cou nty
Integrated Waste Management Authority (“IWMA”);
WHEREAS, in or around 2001, the Cities, County, and certain special districts within
the County (“Authorized Districts”) executed a Memorandum of Agreement (“MOA”)
amending the Original JPA Agreement to provide the Authorized Districts
with representation on the Board of Directors of the IWMA;
WHEREAS, on or about November 15, 2021, the County withdrew from
the IWMA, after which the Cities and Authorized Districts elected
to amend the Original JPA Agreement to reflect the withdrawal on the terms set forth in the
Second Amended and Restated Joint Powers Agreement of the Integrated Waste
Management Authority, which was adopted by the participating agencies
in 2022 (“2022 JPA Agreement”). The 2022 JPA Agreement is attached hereto as Exhibit A and
incorporated herein by this reference; and
IN THE BOARD OF SUPERVISORS
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA
Tuesday, October 31, 2023
RESOLUTION NO.
PAGE 5
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WHEREAS, the County desires to rejoin the IWMA pursuant to the terms set forth
in the 2022 JPA Agreement, as amended by the 2023 County Joinder Amendment to the
Second Amended and Restated Joint Powers Agreement of the Integrated Waste
Management Authority {"County Joinder Amendment"). The County Joinder Amendment is
attached hereto as Exhibit B and incorporated herein by this reference.
NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the Board of Supervisors
of the County of San Luis Obispo, State of California, finds, declares and determines as
follows:
1.The foregoing recitals are true, correct, and incorporated herein.
2.The County hereby acknowledges, accepts, and agrees to be bound by the
terms of the 2022 JPA Agreement, as amended by the County Joinder
Amendment.
3.This Resolution shall take effect immediately upon adoption.
4.The Chairperson of the Board of Supervisors or designee is authorized and
directed to deliver this adopted Resolution to the IWMA and to execute the
County Joinder Amendment.
Upon motion of Supervisor Gibson, seconded by Supervisor Paulding, and on the following roll call vote, to wit:
AYES:
NOES:
Supervisors Gibson, Paulding and Ortiz-Legg
Supervisor Arnold
ABSENT: None
ABSTAINING: Chairperson Supervisor Peschong
the foregoing Resolution is hereby adopted on then_ day of October, 2023.
ATTEST: ,. 'f '· � .. , 11 "'. " " .
'<' l'_. .. t"' � .... '1" ,., #
!OHN NILON, '" /0 • •·:: • • , ._;.;\ \
Ex-Officio Clerk of t��:ao:�{f�f·, )\ •: Supervisors '. . • .,. i;:�l .. ·:'· :: " . ··.·-·----··�\.,.\i� ! ·�,'�\;,� .. - ,.\• .. ,.,., �-'I-.;
Chairperson of the Board of Supervisors
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RESOLUTION NO.
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(SEAL)
APPROVED AS TO FORM AND LEGAL EFFECT:
RITA L. NEAL
County Counsel
By: .fY ��_y ,Js--4 {-Deputy County Counsel
Dated: October 23, 2023
L:\Solid Waste\2023\_Reso lutions\lWMA\WMA Rejoining Att 1 Reso JPA & Joinder.docx
STATE OF CA.LIFORNIA ) ss.
COUNTY OF SAN LU IS OBISPO)
!, JOHN NILON, lriterim Ex-Officio Clerkoftt:eBoard ofSuperviscrs ti"e reof,do rerebycertify the foregoing to be a full, true ard co r rect copy of an order entered ir-the mirutes of said Board of Supervisors, ar-d now remair.irg of record in my office.
Witness, my hand ar.c! seal ofsaicl Board of Supervisor s on �ovef'tlbf �• 2023.
By:
JOHNNILON):' ·.,.•·••-•., .. ,_·
Interim Ex-Officio Clerk oftr,�··s1:,a&i:crs'.G,P�rvisor�
UQmd (5 ��8efk:t::��:�.: ·>: ,' ' •• , , -i:,;,, jf:}:� ; .. -><� �J
Page 3 of 78
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RESOLUTION NO.
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EXHIBIT A
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