PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #9.G
SUBJECT/TITLE:
JOINDER AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT
POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY RECOMMENDATION:
Adopt a Resolution approving the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority.
BACKGROUND:
In May 1994, an agreement was executed by the Cities of Pismo Beach, Arroyo Grande, Atascadero, Paso Robles, Grover Beach, Morro Bay and San Luis Obispo (Cities) and the County of San Luis Obispo (County) forming a joint powers authority (Original JPA Agreement), through which the member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (IWMA). In 2001, the Cities, County and certain special districts within the County executed a Memorandum of Agreement (MOA) amending the Original JPA Agreement to allow the special districts representation on the IWMA Board.
In November 2021, the County withdrew from the IWMA resulting in the Cities and special districts adopting the Second Amended and Restated Joint Powers Agreement of the IWMA (Second Amended JPA Agreement) in order to reestablish and continue the IWMA without the County.
On October 31, 2023, the County Board of Supervisors voted to rejoin the IWMA through a Joinder Amendment (Attachment 1.A). The Joinder Amendment allows the County to rejoin the IWMA pursuant to the terms set forth in the Second Amended JPA Agreement.
Each member jurisdiction is required to approve the Joinder Amendment before the County will officially be reinstated as a member of the IWMA.
Conclusion and Recommendation
Staff recommends the City Council adopt a Resolution (Attachment 1) approving the 2023 County Joinder Amendment to the Second Amended and Restated Joint Powers Agreement of the IWMA.
FISCAL IMPACT:
There is no fiscal impact associated with adoption of the proposed Resolution.
ALTERNATIVES:
1. Do not approve the Joinder Amendment; provide staff with direction.
9.G-1Council Agenda 12-5-2023
ATTACHMENTS:
1. Resolution
1.A. Exhibit A to Resolution: 2023 County Joinder Amendment Prepared by: Meeting Date: December 5, 2023
Erin Olsen, Senior Management Analyst
Submitted by: Benjamin A. Fine, P.E., Director of Public Works/City Engineer City Manager Approval:
9.G-2Council Agenda 12-5-2023
RESOLUTION NO. R-2023-XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA APPROVING THE 2023 COUNTY JOINDER AMENDMENT TO THE
SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE
INTEGRATED WASTE MANAGEMENT AUTHORITY
WHEREAS, in May 1994, an agreement was executed by the Cities of Pismo Beach, Arroyo Grande, Atascadero, Paso Robles, Grover Beach, Morro Bay and San Luis Obispo (Cities) and the County of San Luis Obispo (County) forming a joint powers authority, through which the member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (IWMA); and
WHEREAS, in 2001, the Cities, County and certain special districts within the County executed a Memorandum of Agreement (MOA) amending the Original JPA Agreement to allow the special districts representation on the IWMA Board; and WHEREAS, in November 2021, the County withdrew from the IWMA resulting in the Cities and special districts adopting the Second Amended and Restated Joint Powers Agreement of the IWMA; and
WHEREAS, on October 31, 2023 the County Board of Supervisors voted to rejoin the IWMA through a Joinder Amendment pursuant to the terms set forth in the Second Amended JPA Agreement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pismo Beach hereby approves, and authorizes the Mayor to execute, the 2023 County Joinder Amendment to Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority (Exhibit A).
UPON MOTION OF Council Member , seconded by Council Member , the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 5th day of December 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RECUSED:
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
9.G-3Council Agenda 12-5-2023
Attachment 1
1 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 JPA Agreement”).
D.On or about October 31, 2023, the County officially elected to rejoin the IWMA, including on the terms set forth the 2022 JPA Agreement, as amended hereby.
Based on the foregoing, the Cities, Authorized Districts, including the County through its joinder, hereby agree to the following amendments to the 2022 JPA Agreement reflecting the County’s joinder.
1.Title Amendment and List of Participating Agencies Attachment. The Title of the 2022 JPA shall be amended to read “Second Amended and Restated Joint Powers Agreement to Establish an Integrated Waste Management Authority.” The List of Participating Agencies attached to the 2022 JPA Agreement is replaced with the list attached to this Joinder Amendment.
2.Definitions. Section 1, entitled, “Definitions” shall be amended to include the following new definitions or amended definitions.
A.County shall be added as a definition. “County” means any unincorporated areas of the County of San Luis Obispo.
B.The following referenced definitions replace those of the same number in the 2022 JPA Agreement in their entirety.
9.G-4Council Agenda 12-5-2023
Attachment 1.A
[Participating Agency Signature Pages Follow]
2 “1.17 “Members” means the Cities and the County who are members of this regional agency, formed pursuant to Public Resources Code section 40970 et seq, and the one (1) Authorized District Representative pursuant to Public Resources Code section 40977.” “1.18 “Participating Agency” or “Participating Agencies” means and shall include the Cities, the County and the Authorized Districts who are signatories to this Agreement, including by way of joinder, delegating powers to the Authority pursuant to this Agreement, and participating in the governance of the IWMA.”
C. Notwithstanding the foregoing, the definition of “MRF”, was inadvertently included within the definition of “Members”, in the 2022 JPA Agreement, and such definition shall remain the definition of “MRF” and is not deleted.
3. Section 8, entitled “Boundaries” is amended and restated in its entirety to read:
“Section 8. Boundaries. The boundaries of the Authority shall be the boundaries of the collective Participating Agencies. If a Participating Agency withdraws from the Authority, the boundaries shall be modified to exclude the area of the withdrawing agency. If a qualified agency joins the Authority, the boundaries shall be modified to include the area of the joining Participating Agency. Section 8 shall not prevent the Authority’s use and/or operation of facilities outside of its boundaries within the County of San Luis Obispo.”
4. Section 9, entitled “Organization” shall be amended 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 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 official member but said appointed alternate 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 executed in counterparts which together shall constitute a single agreement.
Electronically executed signatures may be accepted in lieu of originals if a Member agency has authorized electronic signatures through policy or otherwise.
9.G-5Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – City of Arroyo Grande]
[Joinder Amendment to Second Amended and Restated JPA]
CITY OF ARROYO GRANDE:
By: ______________________ Date ______________________ Mayor
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
City Attorney
9.G-6Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – City of Atascadero]
[Joinder Amendment to Second Amended and Restated JPA]
CITY OF ATASCADERO:
By: ______________________ Date ______________________ Mayor
By: ______________________
Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
City Attorney
9.G-7Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – City of El Paso De Robles]
[Joinder Amendment to Second Amended and Restated JPA]
CITY OF EL PASO DE ROBLES:
By: ______________________ Date ______________________ Mayor
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
City Attorney
9.G-8Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – City of Grover Beach]
[Joinder Amendment to Second Amended and Restated JPA]
CITY OF GROVER BEACH
By: ______________________Date ______________________
Mayor
By: ______________________Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
City Attorney
9.G-9Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – City of Morro Bay]
[Joinder Amendment to Second Amended and Restated JPA]
CITY OF MORRO BAY
By: ______________________ Date ______________________ Mayor
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
City Attorney
9.G-10Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – City of Pismo Beach]
[Joinder Amendment to Second Amended and Restated JPA]
CITY OF PISMO BEACH
By: ______________________ Date ______________________ Mayor
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
City Attorney
9.G-11Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – City of San Luis Obispo]
[Joinder Amendment to Second Amended and Restated JPA]
CITY OF SAN LUIS OBISPO
WHEREAS, all Authorized Districts are encouraged to execute the Joinder Amendment to Second Amended and Restated JPA 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
9.G-12Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – County of San Luis Obispo]
[Joinder Amendment to Second Amended and Restated JPA]
COUNTY OF SAN LUIS OBISPO
By: ______________________ Date ______________________ Chairperson
By: ______________________ Resolution No. ______________ Clerk
By: ______________________
Deputy Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: _______________________ Date: ________________________ Deputy County Counsel
9.G-13Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Avila Beach Community Services District] [Joinder Amendment to Second Amended and Restated JPA]
AVILA BEACH COMMUNITY SERVICES DISTRICT
By: ______________________ Date ______________________ Chairperson
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-14Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – California Valley Community Services District] [Joinder Amendment to Second Amended and Restated JPA]
CALIFORNIA VALLEY COMMUNITY SERVICES DISTRICT
By: ______________________ Date ______________________ Chairperson
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-15Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Cambria Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
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
9.G-16Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Heritage Ranch Community Services District] [Joinder Amendment to Second Amended and Restated JPA]
HERITAGE RANCH COMMUNITY SERVICES DISTRICT
By: ______________________ Date ______________________ Chairperson
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-17Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Los Osos Community Services District] [Joinder Amendment to Second Amended and Restated JPA]
LOS OSOS COMMUNITY SERVICES DISTRICT
By: ______________________ Date ______________________ President
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-18Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Oceano Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
OCEANO COMMUNITY SERVICES DISTRICT
By: ______________________ Date ______________________ President
By: ______________________
Board Secretary
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________ Date: ______________________ Attorney
9.G-19Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – San Miguel Community Services District] [Joinder Amendment to Second Amended and Restated JPA]
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
9.G-20Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – San Simeon Community Services District] [Joinder Amendment to Second Amended and Restated JPA]
SAN SIMEON COMMUNITY SERVICES DISTRICT
By: ______________________ Date ______________________ Chairperson
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-21Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Cayucos Sanitary District]
[Joinder Amendment to Second Amended and Restated JPA]
CAYUCOS SANITARY DISTRICT
By: ______________________ Date ______________________ Chairperson
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-22Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Ground Squirrel Hollow Community Services District] [Joinder Amendment to Second Amended and Restated JPA]
GROUND SQUIRREL HOLLOW COMMUNITY SERVICES DISTRICT
By: ______________________Date ______________________
Chairperson
By: ______________________Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-23Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Nipomo Community Services District]
[Joinder Amendment to Second Amended and Restated JPA]
NIPOMO COMMUNITY SERVICES DISTRICT
By: ______________________ Date ______________________ Chairperson
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-24Council Agenda 12-5-2023
Attachment 1.A
[Signature Page – Templeton Community Services District] [Joinder Amendment to Second Amended and Restated JPA]
TEMPLETON COMMUNITY SERVICES DISTRICT
By: ______________________ Date ______________________ Chairperson
By: ______________________ Resolution No. ______________ Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
By: ______________________
Attorney
9.G-25Council Agenda 12-5-2023
Attachment 1.A
List of Participating Agencies
LISR OF PARTICIPATING AGENCIES
CITIES
Arroyo Grande
Atascadero
El Paso de Robles
Grover Beach
Morro Bay
Pismo Beach
San Luis Obispo
COUNTY
The County of San Luis Obispo
AUTHORIZED DISTRICTS
Avila Beach CSD
California Valley CSD
Cambria CSD
Cayucos Sanitary District
Ground Squirrel Hollow CSD
Heritage Ranch CSD
Los Osos CSD
Nipomo CSD
Oceano CSD
San Miguel CSD
San Simeon CSD
Templeton CSD
9.G-26Council Agenda 12-5-2023
Attachment 1.A