Conclusion 98
Responses to an online community survey revealed that trees are greatly appreciated by residents and are seen as a valuable part of the community’s identity. Respondents noted that trees are most appreciated for providing shade and contributing positively to the overall community aesthetics. Through comments, respondents voluntarily expressed great concern over the loss of mature trees as a result of the recent increase in development.
A strength of San Luis Obispo’s urban forestry program is that there is a strong tree protection ordinance. The ordinance not only prohibits the removal and pruning of public trees, but also trees on private property. Furthermore, if trees are removed, those trees must be replaced with a sufficient number of trees as determined by the ordinance, Tree Committee, or City Arborist.
While mitigation planting can help offset some of the benefits that are lost from mature trees that are removed, sufficiently replacing mature trees with mitigation plantings takes decades, as trees planted as part of mitigation efforts will take a long time to achieve the same level of canopy as the trees that were removed. Although mitigations are required per Municipal Code, not all large statured trees are being replaced with species of similar stature. As San Luis Obispo continues to undergo infill development and potentially expand, undoubtedly trees will continue to be affected. Feedback from stakeholders and the community suggest that expanded education to the community about the tree protection ordinance, coupled with expanded development review, and clarification of the role of the Tree Committee will be critical to protecting large, mature trees and preserving tree canopy.
From this assessment of the urban forestry program, it is clear that further study and examination of urban forest partnerships and community engagement are needed to not only improve the urban forestry program, but also to develop a comprehensive urban forest strategic plan, which will ensure that the necessary resources are in place to care for the entire community tree resource and provide a long-term vision for the urban forest. In order to develop a comprehensive urban forest strategic plan future planning phases should include:
• A comprehensive tree inventory that is regularly updated by all urban forest partners
• A Resource Analysis that benchmarks the composition, benefits, and the value of the community tree resource
• Mapping of the existing canopy and summarize results through a Canopy and Land Cover Assessment
• Management plans and budget needs to maintain trees on a 6-year cycle • Further engagement of applicable stakeholders to identify and build consensus for solutions to challenges and opportunities that were identified for trees managed by Urban Forest Services in the summary report
• Consideration for challenges and opportunities for the remainder of the urban forest, including trees maintained by other departments in open space, natural areas, and riparian areas, private landowners, and other government agencies • Robust community engagement
Additional discussions with urban forest partners and the community will be required to determine the path forward to re-enacting the high-performing urban forestry program with
99 Conclusion
restoring service to the level prior to 2019. Discussions with Public Works and urban forest partners coupled with a review of policies and guiding documents have revealed great concern over the need to provide a greater level of care to San Luis Obispo’s community trees. With adequate staffing levels and continued contracted maintenance, San Luis Obispo’s urban forestry program will be on the right track to re-enact a high-performing urban forestry program, considering:
• Secured funding for increased staffing and contract maintenance • Ambitious tree planting initiatives
• Collaborative avenues in place amongst Departments
• Engaged, passionate, and supportive community members • Progress in increasing the level of performance in meeting Sustainability Indicators
Conclusion 100
101 Appendix A: References
Appendix A: References
Bastin J-F, Clark E, Elliott T, Hart S, van den Hoogen J, Hordijk I, et al. (2019) Understanding climate change from a global analysis of city analogues. PLoS ONE 14(7): e0217592. https://doi.org/10.1371/journal.pone.0217592
Bond, J. and Buchanan, A. 2006. Best Management Practices Tree Inventories. International Society of Arboriculture. Champaign, IL.
California Legislative Information. 2021. Senate Bill #9. Chapter 162 of Government Code Regarding Land Use. Retrieved from:
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 California Oak Mortality Task Force. 2020. Maps & Visual Media. Retrieved from:
http://www.suddenoakdeath.org/
California Office of Environmental Health Hazard Assessment. 2021. Traffic density. Retrieved from: https://oehha.ca.gov/calenviroscreen/indicator/traffic-density City of San Luis Obispo. 2021. Fire Department: About Us. Retrieved from:
https://www.slocity.org/government/department-directory/fire-department/about-us Cal Poly. 2020. Cal Poly Honored Again by Arbor Day Foundation as a Tree Campus USA.
Retrieved from: https://calpolynews.calpoly.edu/news_releases/2020/april/arbor_day Carter, J. G., Cavan, G., Connelly, A., Guy, S., Handley, J., & Kazmierczak, A. (2015). Climate change and the city: Building capacity for urban adaptation. Progress in Planning, 95, 1-66.
Clark et al. 1997. A Model of Urban Forest Sustainability. Journal of Arboriculture 23(1). Retrieved from: https://naturewithin.info/Policy/ClarkSstnabltyModel.pdf City of San Luis Obispo. N.d. Sustainable Growth Management. Retrieved from:
https://www.slocity.org/home/showpublisheddocument/21740/636734813174500000 City of San Luis Obispo Fire Department. 2021. About us. Retrieved from:
https://www.slocity.org/government/department-directory/fire-department/about-us Clark, J.R., Matheny, N.P., Cross, G., Wake, V. 1997. A Model of Urban Forest Sustainability. J Arbor 23(1):17-30.
Daugherty, M. and Hung, K. n.d. Sudden Oak Death. University of California Riverside Center for Invasive Species Research. https://cisr.ucr.edu/invasive-species/sudden-oak-death Day, S. D., Wiseman, P. E., Dickinson, S. B., & Harris, J. R. (2010). Contemporary concepts of root system architecture of urban trees. Arboriculture & Urban Forestry, 36(4), 149-159.
Downtown SLO. 2021. Downtown San Luis Obispo. Retrieved from: https://downtownslo.com/
Appendix A: References 102
EDDMapS. 2021. Early Detection & Distribution Mapping System. The University of Georgia — Center for Invasive Species and Ecosystem Health. Retrieved from http://www.eddmaps.org/ Eskalen, A. Kabashima, J., and Dimson, M. 2017. Invasive Shot Hole Borer and Fusarium Dieback Field Guide. Identifying signs and symptoms of the Polyphagous and Kuroshio Shot Hole Borer.
University of California, Agriculture and Natural Resources. Retrieved from:
https://ucanr.edu/sites/eskalenlab/files/290780.pdf
Grafton-Cardwel, Daugherty, Jetter, & Johnson. 2019. ACP/HLB Distribution and Management.
University of California, Division of Agriculture and Natural Resources. Retrieved from:
https://ucanr.edu/sites/ACP/
Janowiak, Maria K.; Brandt, Leslie A.; Wolf, Kathleen L.; Brady, Mattison; Darling, Lindsay; Lewis, Abigail Derby; Fahey, Robert T.; Giesting, Kristen; Hall, Eboni; Henry, Molly; Hughes, Maise; Miesbauer, Jason W.; Marcinkowski, Kailey; Ontl, Todd; Rutledge, Annamarie; Scott, Lydia; Swanston, Christopher W. 2021. Climate adaptation actions for urban forests and human health.
Gen. Tech. Rep. NRS-203. Madison, WI: U.S. Department of Agriculture, Forest Service, Northern Research Station. 115 p. https://doi.org/10.2737/NRS-GTR-203 Johnson, P. 2021. Building out: The city of SLO has enough housing under construction to reach its growth cap ahead of schedule. New Times SLO. Retrieved from:
https://www.newtimesslo.com/sanluisobispo/building-out-the-city-of-slo-has-enough-housingunder-construction-to-reach-its-growth-cap-ahead-of-schedule/Content?oid=10949205 Kenney, W. A., van Wassenaer, P. J., & Satel, A. L. 2011. Criteria and indicators for strategic urban forest planning and management. Arboriculture & Urban Forestry, 37(3), 108-117.
Management and Performance Audit of the Public Works Department. 2011.
Nessen, K. 2012. Estimating urban canopy cover in San Luis Obispo. PDF power point presentation.
Richards, N.A. 1982/83. Diversity and Stability in a Street Tree Population. Urban Ecology. 7:159- 171.
Santamour, F. 1990. Trees for urban planting: Diversity, uniformity, and common sense.
Proceedings of the 7th Conference of Metropolitan Tree Improvement Alliance. 7.
Senate Bills 8. Housing Crisis Act of 2019.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB8 Senate Bill 9. Housing development: approvals.
https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB9 Senate Bill 10. Planning and zoning: housing development: density. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB10
103 Appendix A: References
SLO City. n.d. Sustainable Growth Management. Retrieved from https://www.slocity.org/home/showpublisheddocument/21740/636734813174500000 Umeda, C., Eskalen, A., and Paine, T. D. 2016. Polyphagous shot hole borer and Fusarium dieback in California. Insects and Diseases of Mediterranean Forest Systems (pp. 757-767). Springer, Cham.
University of California. 2021. Pest Overview: Invasive Shot Hole Borers. Retrieved from:
https://ucanr.edu/sites/pshb/pest-overview/#about-the-beetles Wiley, Hannah. 2021. “More duplexes. Gavin Newsom signs bills aimed at creating more affordable housing in California.” Retrieved from: https://www.sacbee.com/news/politicsgovernment/capitol-alert/article254302493.html Wiseman, P. E., & Raupp, R. J. 2016. Best Management Practices. Integrated Pest Management, 2nd ed. International Society of Arboriculture, Champaign, IL.
Zhu, K., Woodall, C. W., & Clark, J.S. 2012. Failure to migrate: lack of tree range expansion in response to climate change. Global Change Biology, 18(3), 1042-1052.
Appendix B: Industry Standards 104
Appendix B: Industry Standards
ANSI Z133 Safety Standard, 2017
Reviews general safety, electrical hazards, use of vehicles and mobile equipment, portable power hand tools, hand tools and ladders, climbing, and work procedures.
ANSI A300
ANSI A300 standards represent the industry consensus on performing tree care operations. The standards can be used to prepare tree care contract specifications.
ANSI A300 Pruning Standard-Part 1, 2017
ANSI A300 Soil Management-Part 2, 2011
ANSI A300 Support Systems Standard-Part 3, 2013
ANSI A300 Construction Management Standard-Part 5, 2012 ANSI A300 Transplanting Standard-Part 6, 2012
ANSI A300 Integrated Vegetation Management Standard-Part 7,2012 ANSI A300 Root Management Standard-Part 8, 2013
ANSI A300 Tree Risk Assessment Standard a Tree Failure-Part 9, 2017 ANSI A300 Integrated Pest Management-Part 10, 2016
Includes guidelines for implementing IPM programs, including standards for Integrated Pest Management, IPM Practices, tools and equipment, and definition.
Best Management Practices (BMPs)
Integrated Pest Management, Second Edition, P. Eric Wiseman and Michael J. Raupp, 2016 Provides a comprehensive overview of the basic definitions, concepts, and practices that pertain to landscape Integrated Pest Management (IPM). The publication provides specific information for designing, planning, and implementing an IPM program as part of a comprehensive Plant Health Care (PHC) management system, including topics such as:
• IPM Concepts and Definitions
• Action Thresholds
• Monitoring Tools and Techniques
• Preventive Tactics
• Control Tactics
• Documentation and Recordkeeping
Integrated Vegetation Management, Second Edition, Randall H. Miller, 2014 A guide to the selection and application of methods and techniques for vegetation control for electric rights-of-way projects and gas pipeline rights-of-way. Topics included: safety, site evaluations, action thresholds, evaluation, and selection of control methods, implementing
105 Appendix B: Industry Standards
control methods, monitoring treatment and quality assurance, environmental protection, tree pruning and removal, and a glossary of terms.
Managing Trees During Construction, Second Edition, Kelby Fite and E. Thomas Smiley, 2016
Describes tree conservation and preservation practices that help to protect selected trees throughout the construction planning and development process so that they will continue to provide benefits for decades after site disturbance, including planning phase, design phase, preconstruction phase, construction phase, and post-construction phase.
Root Management, Larry Costello, Gary Watson, and Tom Smiley, 2017 Recommended practices for inspecting, pruning, and directing the roots of trees in urban environments to promote their longevity, while minimizing infrastructure conflicts.
Special companion publication to the ANSI A300 Part 8: Tree, Shrub, and Other Woody Plant Management–Standard Practices (Root Management)
Tree Planting, Second Edition, Gary Watson, 2014
Provides processes for tree planting, including site and species selection, planting practices, post-planting pruning, and early tree care. Other topics included are time of planting, nursery stock: types, selection, and handling, preparing the planting hole, planting practices, root loss and new root growth, redevelopment of root structure, pruning, palms, after planting, final inspection, and a glossary of terms.
Tree Inventories, Second Edition, Jerry Bond, 2013
Provides considerations for managing large numbers of trees considered as individuals rather than groups and serves as a guide for making informed decisions that align with inventory goals with needs and resources, including inventory goals and objectives, benefits and costs, types, work specifications, and maintaining inventory quality.
Tree Risk Assessment, Second Edition, E. Thomas Smiley, Nelda Matheny, and Sharon Lilly, 2017
A guide for assessing tree risk as accurately and consistently as possible, to evaluate that risk, and to recommend measures that achieve an acceptable level of risk, including topics: risk assessment basics, levels and scope of tree risk assessment, assessing targets, sites, and trees, tree risk categorization, risk mitigation: preventive and remedial actions, risk reporting, tree related conflicts that can be a source of risk, loads on trees, structural defects and conditions that affect likelihood of failure, response growth, description of selected types of advanced tree risk assessments.
Tree Shrub Fertilization, Third Edition, E. Thomas Smiley, Sharon Lilly, and Patrick Kelsey, 2013
Aides in the selection and application of fertilizers for trees and shrubs, including: Essential elements, determining goals and objectives of fertilization, soil testing and plan analysis, fertilizer selection, timing, application, application area, rates, storage and handling of fertilizer, sample fertilizer contract for commercial/ municipal clients.
Appendix B: Industry Standards 106
Soil Management, Bryant Scharenbroch, E. Thomas Smiley, and Wes Kocher, 2014 Focuses on the protection and restoration of soil quality that support trees and shrubs in the urban environment, including goals of soil management, assessment, sampling, and analysis, modifications and amendments, tillage, conservation, and a glossary of terms.
Utility Pruning of Trees, Geoffrey P. Kempter, 2004
Describes the current best practices in utility tree pruning based on scientific research and proven methodology for the safe and reliable delivery of utility services, while preventing unnecessary injury to trees. An overview of safety, tools, and equipment, pruning methods and practices, and emergency restoration are included.
107 Appendix C: Estimated Time on Services
Appendix C: Estimated Time on Services
Table 3: Tasks and Estimated Time Spent by Urban Forest Services Staff Urban Forest Services Task Hours Allocated Each Week
Asset Management and Maintenance
Pruning in ROW, Parks, and City Facilities 60-90
Commemorative Grove planting and maintenance 5
Commemorative Grove mowing and watering 15a
Young tree care and watering 40
Emergency response 10-15
Citizen complaint and correspondences 10
Inventory management, including private heritage trees 5-10 Removal applications 5-15
Tree planting in empty wells 1-2b
Pest management 20d
Coordination for hardscape repairs/CIP Projects 1-3
Contract monitoring 5-20
Iron grate services 0-5
Code Enforcement
Illegal removal enforcement 2-5
Vegetation in the ROW enforcement 1-2
Inspect tree planting 0-2
Mitigation planting enforcement 0-2
Regulatory Framework
Development review 2-6
Development inspections 2-4
Regulatory framework for public and private trees 0-2
Education and Outreach
Education and outreach 0-10c
Arbor Day celebration 50-60d,e
Advisory Roles
Tree Committee liaison 3-5
Other
Clearance and visibility on private trees 0-1
a
During summer and/or drought
b
City staff time (does not include contractor time)
c
Sporadic; can vary
d
Annual hours
e
3-4 staff a whole month to prepare
Appendix D: Sustainability Indicators 108
Appendix D: Sustainability Indicators
Table 4: The Trees
THE TREES
Indicators of a
Sustainable Urban
Forest
Overall Objective or
Industry Standard
Performance Levels
Low Medium High
Urban Tree Canopy
Achieve the desired tree
canopy cover according
to goals set for the entire
city and neighborhoods.
Alternatively, achieve
75% of the total canopy
possible for the entire
city and in each
neighborhood.
Canopy is
decreasing.
- and/or -
No canopy goals
have been set.
Canopy is not
dropping, but not on
a trajectory to
achieve the
established goal.
Canopy goal is
achieved, or well on
the way to
achievement.
Canopy goals have not been set, but the community has an aggressive tree planting initiative.
Location of Canopy
(Equitable Distribution)
Achieve low variation
between tree canopy and
equity factors citywide by
neighborhood. Ensure
that the benefits of tree
canopy are available to
all, especially for those
most affected by these
benefits.
Tree planting and
public outreach
and education is
not determined by
tree canopy cover
or benefits.
Tree planting and
public outreach and
education is focused
on neighborhoods
with low tree
canopy.
Tree planting and
public outreach and
education is focused
on neighborhoods
with low tree
canopy and a high
need for tree
benefits.
Tree plantings are ongoing through a partnership with ECOSLO.
Age of Trees (Size and
Age Distribution)
Establish a diverse-aged
population of public trees
across the entire city and
for each neighborhood.
Ideal standard:
0-8" DBH: 40%
9-17" DBH: 30%
18-24" DBH: 20%
Over 24" DBH: 10%
No current
information is
available on size.
- OR -
Age distribution is
not proportionally
distributed across
size classes at the
City level.
Size classes are
evenly distributed at
the City level,
though unevenly
distributed at the
neighborhood level.
Age distribution is
generally aligned
with the ideal
standard diameter
classes at the
neighborhood level.
Current information on age distribution is not available, but the outdated inventory data (2008) shows a nearly ideal distribution.
109 Appendix D: Sustainability Indicators
Condition of Publicly
Owned Trees (trees
managed intensively)
Possess a detailed
understanding of tree
condition and potential
risk of all intensivelymanaged, publicly-owned
trees. This information is
used to direct
maintenance actions.
No current
information is
available on tree
condition or risk.
Information from a
partial or sample or
inventory is used to
assess tree condition
and risk.
Information from a
current, GIS-based,
100% complete
public tree inventory
is used to indicate
tree condition and
risk.
A partial inventory is regularly monitored, it includes street trees in the Downtown core.
Condition of PubliclyOwned Natural Areas
(trees managed
extensively)
Possess a detailed
understanding of the
ecological structure and
function of all publiclyowned natural areas
(such as woodlands,
ravines, stream corridors,
etc.), as well as usage
patterns.
No current
information is
available on tree
condition or risk.
Publicly-owned
natural areas are
identified in a
sample-based
"natural areas
survey" or similar
data.
Information from a
current, GIS-based,
100% complete
natural areas survey
is utilized to
document ecological
structure and
function, as well as
usage patterns.
n/a
Trees on Private
Property
Possess a solid
understanding of the
extent, location, and
general condition of trees
on private lands.
No data is available
on private trees.
Current tree canopy
assessment reflects
basic information
(location) of both
public and private
canopy combined.
Detailed information
available on private
trees. Ex. bottom-up
sample-based
assessment of trees.
The location and health of the canopy on private property is largely unknown.
Diversity
Establish a genetically
diverse population of
publicly-owned trees
across the entire city and
for each neighborhood.
Tree populations should
be comprised of no more
than 30% of any family,
20% of any genus, or 10%
of any species.
No current
information is
available on
species.
- OR -
Fewer than five
species dominate
the entire tree
population
citywide.
No species
represents more
than 20% of the
entire tree
population citywide.
No species
represents more
than 10% of the
entire tree
population citywide.
The most abundant species represents 10% of the population. All other species are less than 5% of the population.
Appendix D: Sustainability Indicators 110
Climate
Resilience/Suitability
Establish a tree
population suited to the
urban environment and
adapted to the overall
region. Suitable species
are gauged by exposure
to imminent threats,
considering the "Right
Tree for the Right Place"
concept and invasive
species.
No current
information is
available on species
suitability.
- OR -
Less than 50% of
trees are
considered suitable
for the site.
50% to 75% of trees
are considered
suitable for the site.
More than 75% of
trees are considered
suitable for the site.
An approved street tree list is available but does not include consideration for characteristics to help determine appropriate planting spaces.
Space and Soil Volume
Establish minimum street
tree soil volume
requirements to ensure
there is adequate space
and soil for street trees to
thrive. Minimum soil
volumes by mature size:
1000 cubic feet for large
trees; 600 cubic feet for
medium trees; 300 cubic
feet for small trees.
Minimum street
tree soil volumes
have not been
established.
Minimum street tree
soil volume has been
established based
on mature size of
tree.
Minimum street tree
soil volumes have
been established
and are required to
be adhered to for all
new street tree
planting projects.
No soil volumes have been established; however, tree well size dictates tree species.
111 Appendix D: Sustainability Indicators
Table 5: The Players
THE PLAYERS
Indicators of a
Sustainable Urban
Forest
Overall Objective or
Industry Standard
Performance Levels
Low Medium High
Neighborhood Action
Citizens understand,
cooperate, and
participate in urban
forest management at
the neighborhood level.
Urban forestry is a
neighborhood-scale
issue.
Little or no citizen
involvement or
neighborhood
action.
Some active groups
are engaged in
advancing urban
forestry activity, but
with no unified set
of goals or
priorities.
The majority of all
neighborhoods are
organized,
connected, and
working towards a
unified set of goals
and priorities.
The City has the Downtown Foresters who assist with pruning and care for small trees in the downtown core.
Large Private &
Institutional Landholder
Involvement
Large, private, and
institutional landholders
embrace citywide goals
and objectives through
targeted resource
management plans.
Large private land
holders are
unaware of issues
and potential
influence in the
urban forest. No
large private land
management plans
are currently in
place.
Education materials
and advice is
available to large
private landholders.
Few large private
landholders or
institutions have
management plans
in place.
Clear and concise
goals are established
for large private land
holders through
direct education and
assistance programs.
Key landholders and
institutions have
management plans in
place.
Green Industry
Involvement
The green industry works
together to advance
citywide urban forest
goals and objectives. The
city and its partners
capitalize on local green
industry expertise and
innovation.
Little or no
involvement from
green industry
leaders to advance
local urban forestry
goals.
Some partnerships
are in place to
advance local urban
forestry goals, but
more often for the
short-term.
Long-term
committed
partnerships are
working to advance
local urban forestry
goals.
Some partnerships are in place (e.g., ECOSLO, and Cal Poly).
Appendix D: Sustainability Indicators 112
City Department and
Agency Cooperation
All city departments and
agencies cooperate to
advance citywide urban
forestry goals and
objectives.
Conflicting goals
and/or actions
among city
departments and
agencies.
Informal teams
among departments
and agencies are
communicating and
implementing
common goals on a
project-specific
basis.
Common goals and
collaboration occur
across all
departments and
agencies. City policy
and actions are
implemented by
formal
interdepartmental
and interagency
working teams on all
city projects.
The different Departments work well together, but the current work load prevents the optimal level of collaboration.
Funder Engagement
Local funders are
engaged and invested in
urban forestry initiatives.
Funding is adequate to
implement citywide
urban forest
management plan.
Little or no funders
are engaged in
urban forestry
initiatives.
Funders are
engaged in urban
forestry initiatives
at minimal levels for
short-term projects.
Multiple funders are
fully engaged and
active in urban
forestry initiatives for
short-term projects
and long-term goals.
Limited funding comes from local partnerships.
Utility Engagement
All utilities are aware of
and vested in the urban
forest and cooperates to
advance citywide urban
forest goals and
objectives.
Utilities and city
agencies act
independently of
urban forestry
efforts. No
coordination exists.
Utilities and city
agencies have
engaged in
dialogues about
urban forestry
efforts with respect
to capital
improvement and
infrastructure
projects.
Utilities, city
agencies, and other
stakeholders
integrate and
collaborate on all
urban forestry
efforts, including
planning, site work,
and
outreach/education.
Some coordination exists.
State Engagement
State
departments/agencies
are aware of and vested
in the urban forest and
cooperates to advance
citywide urban forest
goals and objectives.
State
departments/agenci
es and City agencies
act independently
of urban forestry
efforts. No
coordination exists.
State department/
agencies and City
agencies have
engaged in
dialogues about
urban forestry
efforts with respect
to capital
improvement and
infrastructure
projects.
State
departments/agencie
s, City agencies, and
other stakeholders
integrate and
collaborate on all
urban forestry
efforts, including
planning, site work,
and
outreach/education.
113 Appendix D: Sustainability Indicators
Public Awareness
The general public
understands the benefits
of trees and advocates
for the role and
importance of the urban
forest.
Trees are generally
seen as a nuisance,
and thus, a drain on
city budgets and
personal paychecks.
Trees are generally
recognized as
important and
beneficial.
Trees are seen as
valuable
infrastructure and
vital to the
community’s wellbeing. The urban
forest is recognized
for the unique
environmental,
economic, and social
services it provides to
the community.
The community is very support of the Major City Goal on Climate Change/Sustainability and know the importance trees play in this.
Regional Collaboration
Neighboring
communities and
regional groups are
actively cooperating and
interacting to advance
the region's stake in the
City's urban forest.
Little or no
interaction between
neighboring
communities and
regional groups.
Neighboring
communities and
regional groups
share similar goals
and policy vehicles
related to trees and
the urban forest.
Regional urban
forestry planning,
coordination, and
management is
widespread.
Some regional collaboration exists (e.g., participation in regional pest and disease programs).
Appendix D: Sustainability Indicators 114
Table 6: The Management Approach
THE MANAGEMENT APPROACH
Indicators of a
Sustainable Urban
Forest Overall Objective or
Industry Standard
Performance Levels
Low Medium High
Tree Inventory
Comprehensive, GISbased, current inventory
of all intensivelymanaged public trees to
guide management, with
mechanisms in place to
keep data current and
available for use. Data
allows for analysis of age
distribution, condition,
risk, diversity, and
suitability.
No inventory or
out-of-date
inventory of
publicly-owned
trees.
Partial or samplebased inventory of
publicly-owned
trees, inconsistently
updated.
Complete, GIS-based
inventory of publiclyowned trees,
updated on a regular,
systematic basis.
The inventory is outdated (2008) and not updated regularly when maintenance occurs. Funds are in place to complete an inventory.
Canopy Assessment
Accurate, highresolution, and recent
assessment of existing
and potential city-wide
tree canopy cover that is
regularly updated and
available for use across
various departments,
agencies, and/or
disciplines.
No tree canopy
assessment.
Sample-based
canopy cover
assessment or
dated (over 10
years old) high
resolution canopy
assessment.
High-resolution tree
canopy assessment
using aerial
photographs or
satellite imagery.
Aerial imagery was analyzed to understand canopy cover in the urban areas (2012).
Management Plan
Existence and buy-in of a
comprehensive urban
forest management plan
to achieve city-wide
goals. Re-evaluation is
conducted every 5 to 10
years.
No urban forest
management plan
exists.
A plan for the
publicly-owned
forest resource
exists but is limited
in scope,
acceptance, and
implementation.
A comprehensive
plan for the publicly
owned forest
resource exists and is
accepted and
implemented.
There is not an urban forest master plan, but funds are in place to compete a plan.
Risk Management
Program
All publicly-owned trees
are managed for
maximum public safety
by way of maintaining a
city-wide inventory,
conducting proactive
annual inspections, and
eliminating hazards
within a set timeframe
based on risk level. Risk
management program is
Request-based,
reactive system.
The condition of
publicly-owned
trees is unknown.
There is some
degree of risk
abatement thanks
to knowledge of
condition of
publicly-owned
trees, though
generally still
managed as a
request-based
reactive system.
There is a complete
tree inventory with
risk assessment data
and a risk abatement
program in effect.
Hazards are
eliminated within a
set time period
depending on the
level of risk.
115 Appendix D: Sustainability Indicators
outlined in the
management plan. There is not a risk assessment program.
Maintenance Program
of Publicly-Owned Trees
(trees managed
intensively)
All intensively-managed,
publicly-owned trees are
well maintained for
optimal health and
condition in order to
extend longevity and
maximize benefits. A
reasonable cyclical
pruning program is in
place, generally targeting
5 to 7-year cycles. The
maintenance program is
outlined in the
management plan.
Request-based,
reactive system. No
systematic pruning
program is in place
for publicly-owned
trees.
All publicly-owned
trees are
systematically
maintained, but
pruning cycle is
inadequate.
All publicly-owned
trees are proactively
and systematically
maintained and
adequately pruned
on a cyclical basis.
Trees in the Downtown core are well maintained, all other maintenance is reactionary.
Maintenance Program
of Publicly-Owned
Natural Areas
(trees managed
extensively)
The ecological structure
and function of all
publicly-owned natural
areas are protected and
enhanced while
accommodating public
use where appropriate.
No natural areas
management plans
are in effect.
Only reactive
management
efforts to facilitate
public use (risk
abatement).
Management plans
are in place for each
publicly-owned
natural area focused
on managing
ecological structure
and function and
facilitating public
use.
n/a
Planting Program
Comprehensive and
effective tree planting
and establishment
program is driven by
canopy cover goals,
equity considerations,
and other priorities
according to the plan.
Tree planting and
establishment is outlined
in the management plan.
Tree establishment
is ad hoc.
Tree establishment
is consistently
funded and occurs
on an annual basis.
Tree establishment is
directed by needs
derived from a tree
inventory and other
community plans and
is sufficient in
meeting canopy
cover objectives.
Although Urban Forest Services does not have a planting program, staff partner with ECOSLO for tree planting.
Appendix D: Sustainability Indicators 116
Tree Protection Policy
Comprehensive and
regularly updated tree
protection ordinance
with enforcement ability
is based on community
goals. The benefits
derived from trees on
public and private
property are ensured by
the enforcement of
existing policies.
No tree protection
policy.
Policies are in place
to protect trees, but
the policies are not
well-enforced or
ineffective.
Protections policies
ensure the safety of
trees on public and
private land. The
policies are enforced
and supported by
significant deterrents
and shared
ownership of city
goals.
Municipal Code Chapter 12.24 provides protections for the majority of trees (public and private).
City Staffing and
Equipment
Adequate staff and
access to the equipment
and vehicles to
implement the
management plan. A
high-level urban forester
or planning professional,
strong operations staff,
and solid certified
arborist technicians.
Insufficient staffing
levels, insufficientlytrained staff, and/or
inadequate
equipment and
vehicle availability.
Certified arborists
and professional
urban foresters on
staff have some
professional
development but
are lacking
adequate staff
levels or adequate
equipment.
Multi-disciplinary
team within the
urban forestry unit,
including an urban
forestry professional,
operations manager,
and arborist
technicians. Vehicles
and equipment are
sufficient to
complete required
work.
Equipment for the program is adequate. The staffing level is low due to the current transition period.
Funding
Appropriate funding in
place to fully implement
both proactive and
reactive needs based on
a comprehensive urban
forest management plan.
Funding comes
from the public
sector only and
covers only reactive
work.
Funding levels
(public and private)
generally cover
mostly reactive
work. Low levels of
risk management
and planting in
place.
Dynamic, active
funding from
engaged private
partners and
adequate public
funding are used to
proactively manage
and expand the
urban forest.
Funding is currently allowing Urban Forest Services to complete reactive maintenance and begin transitioning to cycle pruning.
Disaster Preparedness &
Response
A disaster management
plan is in place related to
the City's urban forest.
The plan includes staff
roles, contracts,
response priorities,
debris management and
a crisis communication
plan. Staff are regularly
trained and/or updated.
No disaster
response plan is in
place.
A disaster plan is in
place, but pieces
are missing and/or
staff are not
regularly trained or
updated.
A robust disaster
management plan is
in place, regularly
updated and staff is
fully trained on roles
and processes.
Urban Forest Services plays a significant role in the City-wide storm response plan.
117 Appendix D: Sustainability Indicators
Communication
Effective avenues of twoway communication
exist between the City
departments and
between city and its
citizens. Messaging is
consistent and
coordinated, when
feasible.
No avenues are in
place. City
departments and
public determine on
an ad-hoc basis the
best messages and
avenues to
communicate.
Avenues are in
place but used
sporadically and
without
coordination or only
on a one-way basis.
Avenues are in place
for two-way
communication, are
well-used with
targeted,
coordinated
messages.
Avenues for communication are in place, but workloads interfere with a high level of messaging.
Appendix E: Community Survey 118
Appendix E: Community Survey
1. Trees are important in San Luis Obispo for the following reasons (choose your top 5).
Response
%
Number of
Responses
Shading/cooling 61.8% 398
Community character/aesthetics 58.5% 377
Wildlife habitat 54.8% 353
Improving air quality 53.9% 347
Connection with nature 46.6% 300
Quality of life 46.4% 299
Reducing urban heat island effects 42.6% 274
Greenhouse gas reduction 35.3% 227
Reducing energy needs 16.8% 108
Reducing stormwater runoff 15.7% 101
Reducing stress 14.4% 93
Enhancing pedestrian/bike corridors 13.4% 86
Screening/creating privacy 8.5% 55
Increasing property values 6.4% 41
Reducing health incidence/cost 4.5% 29
Increasing retail sales 1.7% 11
Safety/reducing crime 1.4% 9
Other (please specify) 2.2% 14
All of the above; I should not have to choose just 5.
Carbon sequestration
Providing beautiful shade
this entire list are my reasons
promoting sustainability and nature
We need to improve the how do I say this the overall canopy. We need more instead of cutting down native trees for housing. They need to be replaced with natives not ornamental
Climate Control
Urban Wildfire Interface Defensive Planning-Veg Mgmt
Really, aren't all of the above important? I think so.
Natural Beauty
The trees are terrible for the city. The sidewalks are popping up very dirty and it changes the attitude of people in the city to not take care of our city it is filthy along with the shoe polish
Traffic Calming
Life all life! Trees aren’t important they are essential? Who’s writing these questions???
Total
644
(0 skipped)
119 Appendix E: Community Survey
2. What do you feel is the most important environmental benefit from trees (choose one)? Response
%
Number of
Responses
Greenhouse gas reduction 22.1% 142
Shading/cooling 21.3% 137
Reducing urban heat island effects 20.2% 130
Improving air quality 18.3% 118
Wildlife habitat 13.4% 86
Reducing stormwater runoff 2.8% 18
Other (please specify) 2.0% 13
All of the above; I should not have to choose just one.
All of the above
All of the above. You're not giving us the opportunity to tell you what trees REALLY mean while you're chopping down hundreds all over the city. my feelings are irrelevant, no need to choose when they do all, this is a silly question
Oxygen production
Trees absorb carbon and give off oxygen. We need all the ways of absorbing carbon we can find to combat climate change/global warming.
Trees are just plain good.
the calming, beneficial, aesthetics valley of living beings that offer nothing but wholesome good feelings and a critical vital connection with our creator that instills comfort, warmth and security.
Don't make me chooooooose!
Reducing urban heat AND shading, cooling
Everything. Trees are essential for all of the above reasons!! Essential for all life!
Overall benefits of nature - all of the above
Total 644 (0 skipped)
3. What do you feel is the most important socioeconomic benefit from trees (choose one)? Response
%
Number of
Responses
Community character/aesthetics 32.8% 211
Quality of life 24.2% 156
Connection to nature 16.6% 107
Reducing energy needs 11.5% 74
Enhancing pedestrian/bike corridors 3.6% 23
Reducing stress 3.1% 20
Increasing property values 2.3% 15
Reducing health incidence/cost 2.0% 13
Screening/creating privacy 1.1% 7
Increasing retail sales 0.6% 4
Safety/reducing crime 0.5% 3
Appendix E: Community Survey 120
Other (please specify) 1.7% 11
All of the above. STOP THE MASS tree cuttings!!
again, really? its a fact, has socioeconomic benefits, no need to choose You can't separate the affects of trees socioeconomically because it's all connected to human/nature . One affects the other spiritually, psychically socioeconomically
Shading/cooling
Shade and protection from rain for our homeless neighbors all of the above
Berries all over the cement
There could be more than one socioeconomic benefit.
wildlife habitat-including bees and other pollinator insects/birds Life!!!! All life dies without trees. Is this a real survey? Total 644 (0 skipped)
4. Where do you think it is most important to plant more trees (choose up to 3)? Response
%
Number of
Responses
Neighborhood streets 77.3% 486
Parks 54.5% 343
Open space 40.9% 257
Medians 34.7% 218
Retail areas 29.3% 184
Arterial roads 28.9% 182
Other (please specify) 7.6% 48
Along bike/walking paths
everywhere
udeveloped lots
Maintain mature trees on new construction
Everywhere - you've cut down so many we won't be able to replace them for decades.
everywhere we can!
everywhere
If you replace trees in one area you need to replant in that area. Also instead of cutting down trees when building find a way to build around the trees. Make them or it a part of the landscape of the new building projects
New neighborhoods
Schools
SCHOOLS
Schools
Schools
In new housing or commercial developments
All of the above
121 Appendix E: Community Survey
Schools
Razed developments
Waterways
Downtown
Stop removing so many tree @ new developments
Anywhere there isn't much nature, aka wherever there's concrete.
Trees provide cooling in overly concreted areas, and in every area if they are allowed to grow large enough.
Parking lots
Parking lots
ALL the above
Replacement of trees removed for disease or public safety wherever they may be.
Everywhere we can
Between freeways & neighborhoods
All of the above reasons
Schools! There is hardly any shade at the schools
Parking lots
Everywhere possible.
AWAY FROM HIGH VOLTAGE ELECTRIC DISTRIBUTION LINES
All of the above
Anywhere they’re less likely to be involved in wildfires? Pedestrian and bike lanes
Parking lots that are giant asphalt islands
all new construction...speaking of where is all the water going to come for all the new construction? And where is the affordable housing? Private property where trees can be maintained year round.
Everywhere there is room to plant!
Only plant trees of you can take care of them and water them Arterial roads should be downgraded and made pedestrian-friendly with trees planted
in traffic circles/bulb-outs/medians/etc. Trees/plantings should be used as traffic calming devices.
Please plant trees in medians where you can also provide pedestrianfriendly infrastructure (stop signals, crossings, flashing lights). Trees in a well-designed median don't do much to encourage walking for streets that are a hundred feet wide.
All of the above
Silly question
All of the above
Open spaces should be left as natural as possible, if no trees in them naturally, don’t add them
Total 629 (15 skipped)
Appendix E: Community Survey 122
5. What are the best ways to encourage tree planting on private property (choose up to 3)?
Response
%
Number of
Responses
Free or low-cost tree 72.0% 453
Rebate on water bill 61.2% 385
Rebate on purchased tree 49.4% 311
Tree species and site selection information 45.0% 283
Community tree planting event 34.7% 218
Other (please specify) 7.0% 44
City support on recommended trees and locations
Let's protect the mature trees we have and not allow their removal.
PLEASE!
Low cost native and/or drought-tolerant trees, rebates on property tax All of the above
Discourage developers removing mature trees, financial incentives to plan and build around existing trees
Allowing only minimal cutting of trees for a development project will encourage others to plant trees knowing they won't be removed Low cost maintenance agreement
Free food
Lawn sign or decal "Proud Participant in the SLO 10,000" Native plants/drought resistant
Rebate/Free tree trimming
Requirement Assoc w new construction, remodel, etc
Tree pruning and fire defensive planning is essential
education and replanting requirement
$ incentive for individuals or small businesses, city money shouldn't pay for corps to green wash.
Tax rebate
Tax incentive
To have a awesome City tree crew and program
Clear planting and maintenance guidance
The city could water the trees for 2 years w/recycled water as done at Laguna Lake Park.
Having the City plant the trees, with permission of property owners, and perhaps with offering a few different tree choices
Free or low cost native tree
Follow up after the tree planting (All of the above!).
offer assistance with tree maintenance & care
All of the above
on going tree maintenance after new planting
Tools to succeed: example Irrigation kit?
Education on which species support NATIVE wildlife AND a financial incentive for native species
123 Appendix E: Community Survey
Education about importance of trees for birds and wildlife Include edible trees in selection (citrus, feijoa, loquat, mulberry, etc...).
Homeowners value fruit producing trees.
Free pruning
Massive volunteer effort to plant trees. Use CP and Cuesta volunteers.
Photo contest
Free or low cost trimming & raking when necessary
education on why we want people to plant trees
Don’t allow developers to remove mature trees for subdivisions Na
Tree species and site selection ASSISTANCE (consultation, not just information)
I don't know how much encouragement people need, people enjoy having trees and seem to do a good job of planting them on their property if it is appropriate.
Provide planting service
Not sure we s/b encouraging potential fire hazard
I would say rebate on water bill-but that should only apply for native plantings that won't increase water usage over the long run Start by talking to people, information is key. Stop putting out surveys that give people the opportunity to rate essential things as though they weren’t.
Consider free or low cost fruit trees for private property Total 629 (15 skipped)
6. Describe your awareness and/or interactions with San Luis Obispo’s urban forest program (check all that apply).
Response
%
Number of
Responses
I have seen City crews working on trees 70.3% 423
I was aware that the City responds to tree emergencies 52.8% 318 I did not know the City had a program to care for trees 25.4% 153 I have used the City website or called for tree information 20.4% 123 I have read an article in The New Times or The San Luis Obispo Tribune about trees 15.6% 94
Other (please specify) 9.0% 54
I have volunteered at tree related events 8.3% 50
the importance of city arborists
I have called the Davey group in response to a flier they left offering tree service on our powerlines and they did not return a call nor show up until a year later
I learned about it through my GIS class!
Taken classes in dendrology and surveying and became familiar with forestry and management practices in the area
Appendix E: Community Survey 124
I have taken a Urban Forestry class at Cal Poly
I took Urban Forestry at Cal Poly
I know people on the Tree Committee.
Need to maintain all mature trees in new construction!!!! Too many trees removed for development
I have been involved as a citizen in promoting the urban forest program I have seen many trees removed for urban development when they could have been incorporated into the plan.
Attended the arbor day event with my sons school
Certified arborist who has tree issues with neighbors
I have seen the city approve cutting down massive numbers of our urban forest trees
I received a city notice of meetings. I have been talking to people about trees in area I live that new building cutting down trees. I've been concerned and didn't know who to talk to. There's a big oak and granite right next to where I live and building is planned. I do not want to see this removed. I've been in cities that literally include trees and granite stone within the buildings they've built. We have made it too easy just to bulldoze things down because it's easy way out. We need to understand the connection to nature. Our survival depends on it.
the city keeps cutting down trees
Many mature, local trees have been cut down for development.
I heard about the program through EcoSLO
We have a huge oak on property and use tree care professionals once a year
My Dad use to be the manager for parks, buildings, and street trees for SLO.
Have planted trees at arbor day event at Mitchell park
Attempted to increase more wildland fire interface veg mgmt awareness at city boundaries and roadway shoulders
I was told the city waters street trees, but I rarely see it happen--should happen more often.
A BUDDY WORKS THERE
I was liaison to Tree Committee during terms on City Council I have looked into preventing sycamore planting bc I'm allergic to them.
I have attended a tree committee meeting.
The city has trimmed trees in our neighborhood parkways. why does the Tree Committee allow removal of the vast majority of trees that come before them? Why does the city of slo allow developers to remove so many beautiful mature trees & then plant small ones. The GHG & Climate Change seriously necessitates protecting our mature trees for many science based reasons. The city is a huge tree killing machine! Went befor the tree committee.
I have been to a tree committee meeting and know how strict & difficult the City is with removing and planting trees
I knew there were people that maintained them, but didn't know about the urban forest program per se.
125 Appendix E: Community Survey
My children's school participated in an Arbour day art contest and tree planting event
They planted trees in neighborhood. I wish every street was like Mill street, beautiful tree lined streets
I don't think there's much awareness of the program
I am an arborist and nearly applied to apply for an open position in the urban forestry group in the past.
Trying to remove a tree causing major property destruction at my office.
The city arborist called me
I saw former mayor Heidi Harmon post about it
Served as liaison to Tree Committee from City Council.
Though a Cal Poly urban forestry class
Unfortunately, there are a lOT of trees not maintained...all along Johnson by French Hosp, Bowden Ranch open area. Dead trees down...fire concern.
Member of Tree Committee for 8 years
I had to work with Ron on a building permit tree requirement.
Na
I have attended Tree Committee meetings
organized a tree planting event, been to street tree comm. meetings, had to get permission to remove trees, my tenant dated the last street tree guy.......
The city cannot take care of of what they have now
I have used the Cal Poly tree/attribute list for evaluation of street tree options
Trees planted with memory plaques
I have a colleague who serves on the City's Tree Committee and has informed me how tight of a budget the City has to care for all of its beautiful trees. We need to incentivize private investment in trees (by individual homeowners and businesses) to help offload some of the future maintenance obligations.
None. This survey has been enlightening
I am aware they exist but have seen no activity
I am aware that there is a program but have not seen it working.
Total 602 (42 skipped)
7. What is your satisfaction with the level of care provided for community trees? Response
%
Number of
Responses
Somewhat satisfied 38.4% 231
Neutral 32.1% 193
Completely satisfied 12.8% 77
Somewhat dissatisfied 11.1% 67
Completely dissatisfied 5.7% 34
Total 602 (42 skipped)
Appendix E: Community Survey 126
8. Do you feel that urban forest services and programs are equally accessible to all residents?
Response
%
Number of
Responses
Not sure 63.3% 381
No 20.3% 122
Yes 16.5% 99
Total 602 (42 skipped)
9. What topics of education and outreach interest you (check all that apply)? Response
%
Number of
Responses
Tree list/what tree should I plant in San Luis Obispo 84.6% 509 Irrigation/watering during drought 73.9% 445
How to plant a tree 47.7% 287
Benefits of trees 46.5% 280
How to hire a tree care professional 28.4% 171
Other (please specify) 6.5% 39
Come look at my HOA and help us decide about our trees.
SLO City staff needs to be educated about benefits of keeping the trees we already have and not replacing them with trees that will take decades to reach the size and advantages of the ones they killed.
More discussion of tree removals for development
Stop cutting down mature trees on all new construction!! How to stop or minimize tree destruction currently happening during urban development.
Identify problem trees and remedy
How to care for and prune a tree
People understand trees. Find ways to reduce water cost because the city has increased water rates after encouraging saving water. how to avoid cutting trees down
Where to plant trees, how much space is needed
stop cutting down trees. developments can build around them Benefits of planting more fruit trees.
By
All of the above
On-site school education
Home tree/City boundary/Roadway area defensive veg mgmt for wildfire protection of neighborhoods
provide tree information (like root damage to roads/sidewalks) for various trees that can be planted.
Clarity on rules for neighborhood roadside trees, creek side trees support for replacing trees with native trees
127 Appendix E: Community Survey
How to accelerate tree planting throughout the County to achieve ghg reduction
Tree list should specify soils requirements for particular trees, natives should be encouraged.
It seems like native trees like the Coast Live Oak can survive better during droughts & climate change. Our tree committee is pathetic. They're aligned with developers & tree killers.
none interest me
emphasize California native trees - educate public Doug Tallamy videos None; I rent and can't afford the time nor a place
Support for trees on residential properties
I wish the city would help take care of the planter boxes that are in the city right away, I live on Lawton street and most of the curb planter boxes are weeds and it looks terrible. I wish there was some incentive for the home owner or the city to take care of this space and would be nice if it had a uniform look.
All of the above.
How the city incorporates awareness of facilities that can be negatively impacted by trees.
Tell me about all these health benifits.
Educate developers to plan development around existing trees.
NA
I know what I am doing
Na
support people who have a tree issue and not charge them if desiding the free shoud be removed
impact when mature trees are cut for developers
We’re American we don’t need anymore stinking tree in fact if we kill them all we’ll have more room for people and stuff. Too if we get rid of all the trees we’ll likely wipe out our homeless problem. They already have no indoor respite so making the outside even more unbearable will aid the City in their current efforts of “anywhere but here.” None
None
Clarity about tree removal and re-plantings
Total 602 (42 skipped)
10. Optional. Please use this space for any additional comments about San Luis Obispo's urban forestry program.
If the City values trees so much, why are so many trees being allowed to cut down in the project off of Highland Dr.?
More trees please
I support urban forestry. Too many trees are cut down for and by developers. Some of your questions were loaded and the forced choices were sometimes insufficient. https://www.facebook.com/TreesDoc
Appendix E: Community Survey 128
We must make protecting our mature trees a priority. It is no longer prudent to cut down mature trees and replace them with trees that won't serve us well for 20 years into the future.
Let’s be very careful about eliminating existing healthy trees for the sake of new developments. Very important that any replacement trees be of significant size and quantity (more than equal to those removed!) to enhance the project.
I think it is time to find a species of tree to start replacing the ficus trees downtown that are tearing up sidewalks.
prevent developer removing quality mature trees
Maintain a level of staffing and funding to meet Arbor Day Foundation recommendations.
The program should also work to remove invasive species when possible from public places and encourage private citizens to replace them with native species.
Get rid of the cattle fields in the city limits and replant that land with native trees. I’m thinking of the field/hill along broad, between orcutt rd and tank farm. community outreach is very important and i love the possibilities of there being some incentive and community aspect in planting trees
More accessibility for the public to plant trees/care for them and know what kinds of trees encourage our local habitat.. Maybe monthly community tree planting with different chapters around SLO county. why isn't the city watering the trees in our parks, they are dying! Please plant more female trees on city streets, excessive male trees are serious allergy issues.
I am concerned that too many mature trees are being removed and their surrounding ecosystems are damaged for new construction projects.
Stop approving new housing and retail development that requires taking down significant numbers of trees. Encourage creative designs so that existing trees can be maintained for environmental and visual esthetics.
There are posts in social media that the City is removing over 1000 mature trees to accommodate development. I don't know if it is true or not, but perhaps more information could be provided to the public about tree removal programs.
Work w the city to leave more ‘set back’ space between streets and homes, offices, etc. Demand architects & builders don’t skimp on green areas, that is, less concrete & MORE trees & plants as a buffer.
Trees in the down town go through a messy stage & the merchants/city does not clean up the pods/leaves that drop. Garden street is the cleanest due to merchants/owners cleaning the sidewalks.
I walk to work and there are a lot of messy trees. It would be beneficial to focus on planting trees that are not so messy along sidewalks. Also adding additional trees along residential quarters. The shadiest street is Pacific on my route but I typically walk on Islay and Buchon.
Really sad that the city is allowing developers to completely eradicate mature trees and not making them replace with older trees, just making them plant super young trees that have no benefit to wildlife or air quality or reduce greenhouse emissions for years. No removal of older trees should be allowed unless they are diseased.
The city shows its bias for developers and the funds new development provides by allowing hundreds of mature and healthy trees to be removed in recent years. SLO City staff is saying one thing and showing complete disregard for the trees already in the city if they're in the way of development.
The city requires a property owner to get permission to remove a tree, requires replacement planting, but never checks to see that the replacement planting has taken place.
The city in some parts of town have used tree trimmers for city trees that appear to lack basic knowledge about how to prune large trees - for instance the block of Chorro between Marsh and Higuera - second for instance the liquid amber street trees in my neighborhood that were trimmed in a way that opened them up, left long branches with growth only near the ends that then let the branches "bounce" much too much on windy days and encouraged broken branches.
129 Appendix E: Community Survey
And to partially repeat - it is "criminal" that so many mature trees have been sacrificed in recent years (Righetti Ranch, Avila Ranch, San Luis Ranch, etc.) to satisfy the greed of housing tract developers who aren't even local.
Please preserve existing mature trees whenever and wherever possible, especially in new developments.
I am very concerned about the destruction of trees along city’s riparian corridors. Proper planning and design could have saved these trees. New residential development even to meet state mandates for local financial support, should take a back seat to saving these trees. The urban forestry program is will be unable to offset the loss of mature trees by supplanting with immature trees for years to come.
The city allowed the cutting of many full grown trees for housing developments. The new developments could alter their plans to save more full size trees. I’m aware the city will require planting of trees. The new trees will take years to be full grown. The city doesn’t walk the talk with trees.
The trees on downtown Higuera are beautiful. We need more streets like it.
Please don't remove any more trees in the city in the name of development. Design any future developments around any mature trees, our environment is counting on the city to do the right thing.
Why isn’t the Slo urban forestry more involved with planning and development expansion into formerly open spaces (either private or public) where tree removals are proposed. Shameful planning process when the removal of mature trees is/are a part of. ….
All approved removal of trees on new construction should be stopped immediately!!!! While there may be an urban forestry program, I cringe every time I pass a new development where existing mature trees/habitat have been destroyed to allow for maximum density of units abetted by the unchallenged cooperation of city government. Progressive cities like ours should lead the way in tempering our desire to provide additional housing with the restraint necessary to keep from destroying the very reason we love our community.
SLO is allowing too many mature tree removals and tiny trees planted in their place which does not sequester carbon amounts the mature trees did. This will work against Climate Change efforts that are so important. Too many trees are killed for development with the City’s permission.
PLEAE STOP THE MASS TREE REMOVALS. YOU HAVE ALREADY DESTROYED HABITAT AND ARE CAUSING US TO PUT THOUSANDS OF POUNDS OF CARBON IN THE AIR DAILY. SHAME ON YOU!!! love that street trees have been planted by cutting holes in concrete on sidewalks. plant more trees in medians and roundabouts, add speed humps to streets to slow down vehicles. stop approving developments which cut down mature trees and replace with small trees Developers should be required to save old growth trees and also plant more trees as part of the development.
Stop allowing tree removal.
I live 2 blocks from CalPoly and there is constant building in the area. I am aware of the preferences for infill building and ADUs, but I constantly see that trees and yards are allowed to be removed and built upon. This is an older neighborhood that contains many mature trees and gardens, many created by professors of the past as a lasting legacy for the community. This legacy is fast disappearing, along with the environmental and aesthetic benefits of trees and plants. Housing is important and I am aware of the mandate to build, build, build; however the quality of our neighborhoods should be respected. If student rentals are purely cement and stucco, what are we demonstrating to the leaders of tomorrow? And basically, if there are no trees to breathe, then we cannot breathe either! Also, Davey Tree is not one of my favorite arborists. I seldom see a tree cut by them that doesn't look hacked and miserable.
Mature trees in the city need to be protected and preserved. Removing mature trees for development and replacing with immature saplings needs to be avoided and incentives should be provided to developers to preserve the existing urban forest.
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Return the Tree Ordinance to the strong ordinance it USED to be before Matt Horn destroyed the Tree Ordinance. If you want to improve the quality of life for SLO residents, fire Matt Horn.
I love the city’s commitment to this important quality of life issue. Thank you! We need more trees!! We love watching the animals use the trees! We moved here from Davis where the tree canopy was extensive and we really enjoyed it!!
Not sure if it’s relevant but trees and sidewalks should be friends. There are places it can be difficult to walk due to trees needing a prune such as along Sacramento street and along neighborhood sidewalks.
I have been surprised by permits allowing the complete clearing of mature trees on residential lots without a requirement to replant equivalent numbers after building.
The trees chosen in the past have been terrible. Ficus nitida is the worst street tree you could find.
Camphor is beautiful but not appropriate for street trees. New buildings are being built that have no setback from the street for trees. ???
Please don’t reduce the tree program! We need more trees! Overall happy, but sad to see the large redwood at Amholm Park have its roots cut. I'm guessing it's a trip hazard but cutting surface roots on a redwood is very damaging and it hasn't fixed the trip hazard. I would be very upset if the tree died as a result of poor management. Please look into the care of that beautiful redwood and help it out.
Due to proximity of monarch butterfly migration sites, we should include more nectar flower trees to give them energy to make it to the overwintering sites.
We are blessed to live in an area that can support food bearing trees. We should plant several throughout the city for citizen use. Including things like citrus, avocado, persimmon, etc. more trees needed in neighborhoods with large streets/arteries like Ramona Drive. SLO Drive neighborhood is so desirable because its got lots of big trees, which are charming and healthy and represent quality of life.
With water costs, how does the community get trees established with proper irrigation.
Tree form selection, upright canopy vs. multi low branching is critical to long term success. the city used to water trees and now it doesn't anymore, why? Loss of new trees is discouraging (e.g., to gophers, poor watering during establishment), so ramping up with successful early plantings seems important
It has been shocking to see so many trees needlessly cut down. Developers can work around nature and not have to clear-cut.
I'm not informed enough on what is presently being done. I only know we do need to improve our canopy.
I don't want to see city use pesticides/herbicides and I'd like to see public better educated on their use and negative affects on human Flora and fauna.
there is no urban forestry program. when a developer wants to clearcut trees the city allows it. the city also does not follow its own rules about requiring additional trees to be planted with new development There is a low hanging branch of a tree on the sidewalk of Stenner street that could be a potential hazard.
Please preserve mature trees and speak up about their preservation during the development process.
In older neighborhoods, city trees were planted that have caused damage to sidewalks, driveways, foundations as well as excessive leave/ needle litter that clog storm drains.
I think there should be an effort to plant more fruit trees in public spaces. As long as we're making an effort to increase urban forests, why not plant something that we can eat? Free fruit to anyone willing to harvest it. What a concept!
I don't think that many people, especially students in SLO, know about the urban forestry program and how they could interact with and utilize this program. I might be unaware if there is any, but I think this program should find more ways to connect with Cal Poly.
Please consider planting native tree species for new plantings. They will thrive in our climate and support wildlife
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Many trees should be planted in new neighborhoods like San Luis ranch Very disappointed that folks remove trees from parkways and do not replace. It seems if trees are mandated for parkways, then there should be some enforcement of this mandate.
Is there a volunteer program with the urban forestry in slo? I think another incentive would be for the city to cover cost of ripping out concrete in sidewalks for tree placement. I would really like to see the city encourage planting of natives as much as possible. These have a much greater benefit for wildlife and are best adapted to our environment. Perhaps incentives could be larger for native plantings.
In Cambria we have several well educated and capable tree specialists who assist in permitting, removal, maintenance etc. our trees. Thank you for this opportunity to chime in.
Thanks for caring for the trees. Does the city provide water for trees in open spaces, such as the many oak trees? I heard many are dying due to drought conditions.
I want to see protection for all oaks and mature trees when new subdivision permits are granted. Case in point: the removal of oaks by wealthy winery owner in 2015 in North SLO county.
Thank you for reaching out to the community. Please look at our public school's needs for trees. Many of the school sites in SLO can benefit from more trees.
I would love more trees! There are a lot of places where tall weeds grow on the sidewalk that the city should be maintaining— just want to make sure we take care of what we have too :) There is a huge lack of trees at schools. Blacktops are SO hot and there is no shade for students. ECo Slo had FREE trees for Pacheco this year and they would not take them. We tried to facilitate planting but the school would not allow them. Too much work or concern with kids climbing? City should impose same requirements on schools as homes. They must have trees. Look at an aerial of any neighborhood and it’s the most grass, least tree area. Crazy. I think you could add hundreds of trees to our school and make a big impact.
The more outreach the city does regarding their tree policies and general tree care BMPs (both for community as well as private trees), the more the residents will benefit.
Glad this is a topic of conversation. Trees are so necessary! Please add more to the schools. After so much construction at each site, the trees were the first to be moved to give room for the new facilities.
I would like to see wood from trees cut down to be repurposed for furniture, instruments, or art Street trees need to be planted in established residential areas where trees are lacking. The lack of trees in the historic and downtown areas are a good example.
The more trees the better
I think we really need to focus on planting more trees in our city especially at our schools. Our youth need to see the process of planting a tree and the care if provides from a educational stand. We also DESPERATELY need more shade at our elementary schools
First off stop cutting down the “urban forest” because a developer can’t figure out how to design a project around mature trees regardless of the are “native” or not. Maybe the City needs to read the it’s Land Use Element a little more carefully. It’s says new development is supposed to respect existing trees on the project site. I don’t think cutting them down is what is meant by respect.
Proper pruning is crucial for shaping the canopy. So many trees in town have been butchered (esp the sycamores). Please have educational opportunities for local landscapers to learn how to care for local trees.
The Urban Forestry Program needs to be part of a City standing taskforce/working group with Fire Department/Parks Dept/Public Works to conduct wildland fire interface vegetation management projects along open space boundaries, roadway right of ways and city boundaries with areas such as Cuesta Park to reduce ladder fuels and maintain defensible space in the event of wildfire The street tree in front of our house is barely surviving. The city is supposed to water and take care of it, but I doubt they are doing anything. How do I contact the SLO urban forestry program people?
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Who is responsible for sidewalk repair when city tree roots raise/break sides? I’d like to see easier outreach and info for caring for trees, and the rules surrounding trees esp “sidewalk” trees and support for re planting w drought tolerant natives Regarding trees only in the downtown core: they are very poorly managed and trimmed. The primary goal of these trees is to provide shade, not just to look pretty. The more shade, the longer people will linger downtown, providing an economic benefit to businesses. Trees are trimmed far too high above sidewalks and the street; doing that reduces shade in mornings and late afternoons. When trees are removed they should be replaced with larger trees than saplings. There are two types of trees downtown. One type provides nice shade, the other does not. Those scraggly trees should be replaced by the better shade species. There are far too many gaps between trees on many streets. Plant more trees! Line the streets.
Our trees are what makes downtown SLO unique, for the shade the trees provide.
I am extremely grateful for SLO's urban forest.
It is why I shop here rather than in surrounding communities-- all the shady parking.
And I brag on that very benefit every chance I get.
I have lived in over a dozen communities in 8 states, and SLO has by far the most satisfying, soothing, calming presence of all.
In my opinion, you can never have too many trees!!!
Thank you, SLO urban foresters!!!
Give a higher priority to keeping existing trees when permitting new development.
Please stop allowing development plans to cut so many trees. Make plans fit into the site, not try to remake the site.
The City should consider (and promote if it exists) a program/fund/bank that allows private property owners to pay into when on-site replacement to offset tree removal isn’t feasible or appropriate due to soil type, topography, or other property constraints. Not all lots in SLO should have trees. I haven’t removed a tree that requires a tree removal permit that was planted too close to my house which is in a fire hazard zone because my lot doesn’t have any suitable spots for the replacement requirements. I’d be very happy to pay a fee that supports the replacement at 1:2 or more in a more appropriate location somewhere else in SLO. This plan should identify the preferred and most suitable locations that maximize benefits to the environment and community.
Species list for street trees should be revisited. Add more options, but be aware of pollen allergy ratings! (looking at you sycamore, I can't go outside in my neighborhood during windy days in spring since sycamore were added a few years ago). Native trees are best. Drought tolerant are a must. Trees with flowers are nice, ie crepe myrtle, jacaranda, the ones w yellow flowers in the creamery. (Not mimosa trees, I'm also allergic. It's a sad life.)
I'm not a big fan of the particular street trees downtown. I like trees, just not that overwhelming? It was a great idea to plants them in the 50s (sad we can't see the mountains, but benefits make it worth), however now they are huge! Destroying sidewalks and dominating historic facades. Also, if your dog eats enough of those seed pods they get diarrhea. :(
Planting trees in open spaces is great! If budget were unlimited I'd say definitely do that. Since that's not reality, my focus would be on areas human's hindered nature (with structures and paving). More trees in parks is also a plus, but I feel like y'all are already pretty good at that.
I love trees and I'm excited to see where the City goes from here! Thank you for the survey! Please stop removing large trees from the downtown areas. We've lost so much shade, cooling benefit and character in these losses. It seems tree removal is very easy for anyone who seeks it. Replacing trees with a much smaller tree will take decades to provide the same benefits. Look at the character of a place like Carmel, CA where large trees grow in the middle of neighborhood streets. Traffic is calmed dramatically, shade is abundant and cooling is easy to find. We keep removing our assets!
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I would be happy to be involved as a taxpayer
Because it is hard to get a tree removed (permits and cost) it would be nice to mail new homeowners a tree planting guide. Most nee homeowners will plant a tree- but they don’t know what they’re doing.
I worry about tree removal for developments, especially older trees that are well established. Too many older trees are removed and ‘replaced’ by young, non natives. Many die and are not replaced after they die
I have two trees planted at the Commemorative Grove for my deceased parents.Does the city’s Urban Forestry program still maintain these trees?
I have only seen one young man out there. There wasn’t anything in the survey about this wonderful program. I hope it will be a priority in the future!
Full staffing is vital.
I think that adding 10,000 new trees is a good start, but we should be more ambitious with our goals to transform our city into a beautiful space with plenty of shade, beauty, and animal life that will help sustain us through the difficulties to come from climate change The Urban Forestry program has NOT been staffed for over one year. Only one interim city arborist and one part time temporary tree worker. They have only recently renewed a contract service provider that is based out of Ventura. There is nothing safe or efficient about the current program.The current state of our street trees/urban forest is literally an accident waiting to happen. Please look up ISA best management practices!!
Please check the irrigation system for the oaks along the railroad safety trail.
Too many mature trees are cut down to make it easy for developers, instead project design should be guided to protect them. It takes years to replace their value with new planting.
Tree planting requires continuous community engagement, volunteerism, and stewardship beyond what our small City Urban Forest Services team can provide. Therefore, our community would benefit from a dedicated tree planting organization like Portland's Friends of Trees. https://friendsoftrees.org/ How can the City foster the growth of such an organization? Removal of the mature and varied species of trees at Palm & Nipomo is an outrage as is removal of trees at the Westmont property. There is no more park-like parking lot than at Palm & Nipomo. Replanting with immature trees requires more water & provides fewer benefits of all kinds for many years until the trees mature.
The last 3+ years of the SLO Urban Forestry program have been severely understaffed and underfunded.
Either hire 4 full time crew members, or contract it all out. Sidewalk impact from tree roots is a major problem - cheaper to fix by in-house crews? As downtown trees age and need replacing, more $$$ will be needed....
I would love to see an emphasis for the City to plant native trees. In my neighborhood (Sinsheimer) we have street trees that in not doing well because they are not native and they are infested with aphids. I would also love to see more natives (trees and shrubs) planted in our parks. Meadow Park is a good example of a great park with amazing trees (it's a hotspot for birds!) and it could also benefit from even more native trees and shrubs there. Sinsheimer Park could also become a better habitat for birds/pollinators with better tree selection. Thank you! We need a really well-qualified City Arborist that has a 4 year university degree & perhaps advanced degrees. You're selling our trees short. Remove Allan Bate, the lead tree killer from the tree committee.
He intimidates and manipulates the others and is the alpha dog.
There is not a 3 person crew! 1 part-time, temporary employee and a interim City Arborist.
Please be truthful in the way you present this to the community Refrain from cutting trees downtown
I recently had to remove a tree on our property. The process was good. The tree committee members listened, the arborist was helpful, and it was easy to see that the city is working to maintain trees citywide.
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We should take a hard look at the species approved for planting within San Luis Obispo.... Native species are drought tolerant instead of exotics from outside our bio zone...
I would love to see a whole lot less of sprawling parking lots and a whole lot more of city open spaces/small parks with trees.
Education of the public about how important native trees to the area are, also what is your soil, what tree is appropriate for your space, how to care for it.
I'm not clear what this survey is supposed to do. Is there really a "debate" about trees? Or are you just looking for "well, 99% of the people who responded to the survey said they support trees!" Someone broke a new tree in Islay Park. The city cut it to the stump, but I hope they replace it. Sad that people vandalize things.
Thank you for wanting to Plant more trees. They take years to mature. What you plant today will be fore the next generation.
We have had many trees cut down in our neighborhood (on City property) over the past five years. All due to the trees becoming damaged during strong winds. But the City has never replaced one of these trees! Don’t they require it of residents who wish to remove their trees? Our property value and our enjoyment of our home and neighborhood continues to decrease with each tree the City removes and does nothing replace. We get more freeway noise and more light pollution (headlight pollution, to be specific) with each removed tree. This survey is so limiting as far as being able to say what topics really matter, so I wish I could say more, but this one issue in particular really hits home and bothers me greatly! We have such a beautiful city due to the planting done so long ago. I'm concerned about the cutting down of trees for all the development going on. These are mature trees going away, and even if we plant something new, it pales in comparison. We need to plant bigger trees so they can replace those gone missing. Also, downtown is amazing in large part to the trees/cover. It would be great to expand that further from the center out to the neighborhoods, and further up the main roads. Also, for the new development, they should have to plant a mixture of mature and smaller trees.
So happy to see the trees in Laguna Lake getting some much needed trimming, with the dredging project.
We love our trees! I know there are issues with the large ficus (?) trees downtown, but they really are gorgeous and it is so neat to see such a large canopy.
How trees impact sewer and other infrastructure needs to addressed…funding to help take out root invasive trees in neighbors along with utility under grounding in older Slo neighborhoods Too many trees are planted without overhead power lines in mind. Also I see too many trees planted too close to homes. This is worrisom. I would love to hear the plan on how the city is able to keep up with the trees in neighborhoods that are encroaching on power lines, damaging foundations and roofs and keep up with thousands of new trees.
I used to live on Branch Street in SLO - that’s one street where I would love to see dead trees removed so that new ones may flourish. Avenues lined with trees give a homey, authentic ans welcoming feel - would love to see more of that along Tank Farm or Higuera (also, where did all the higueras - fig trees- go?) The trees on our street (Jeffery) are significantly over grown, dropping access in yards, and dropping limbs.
The city said we are not scheduled for trimming for 3+ years. I think there needs to be much more routines matinence on trees to encourage more planting and keep them healthy.
Focus should be on native trees, and maintaining older growth vs removal.
The more trees the better. Ideally, less water intensive trees would be great across the city.
I'm retired and would love to volunteer to help with planting trees/maintaining trees/watering, etc. I think it's a huge priority. I also think that there probably are many retirees like me who would be delighted to volunteer to help establish/maintain an urban forest. You have an untapped volunteer base! I am very interested in the potential for enhancing the synergies between the urban forest and environmental education at all levels. Any enhancement of open space/urban forests should consider the opportunity for student engagement and education programs addressing the topics of scientific method,
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climate science education, biodiversity/wildlife, and anything else identified by teachers in the county.
Also, any plans going forward should be laser focused on planning in a way that can be used as a model for safe planting methods and decision making in the context of high voltage electric distribution/transmission lines, both underground and above ground.
My HOA (Righetti Ranch) has discouraged residents from planting trees on private property! That should not be allowed!
I wish there were more tree shaded playgrounds and play areas for children on hot days.
Thanks!
I would like to see an ambitious reforesting effort pursued on the City's hillsides. There are so many bare or merely grass-covered slopes all around us, but it is clear that our climate (even during drought) can support hillside forests. This seems to be the most effective way to both beautify our surroundings while greatly contributing to carbon sequestration and habitat restoration. The age of widespread grazing is over, but the damage caused by it has not yet been undone. Though street trees greatly contribute to the well-being of residential areas, reforestation of our hillsides would seem to be the most effective investment in the long-term.
It is gratifying to witness the maintenance of our trees, although I believe that budget restraints have meant that our creek/riparian corridor has been neglected in the last 15 years. I remember the community service program using the labor of corrective institutions to help trim the trees, which benefited the laborers and the community and nature.
Please use more reclaimed water for maintaining trees and parks.
I was somewhat reluctant at doing this survey given what I consider the reckless destruction of our urban trees by the city council. The removal of trees for development is constantly justified as necessary to meet the state housing act. What is also stated to rationalize it is the intent to plant trees elsewhere to replace these. The fact that "elsewhere" is a place unlikely to be visited or seen by people seems to be a missing part of the conversation. We need to keep our urban trees for people and other living things that need them. If we want wildlife in our cities we need to keep our trees. Heck with the state housing act - do you know how to say No?
If an expert could come to your home and tell you what kinds of trees to plant and where to plant them, that would be amazing!! I definitely would plant more trees in my front and back yard if I know what and where!
The city has done a poor job with tree replacement at our parks. Many have been removed because of disease or damage with no replacement. Many are poorly trimmed or not at all and they grow awkwardly.
Many residents take trees out without permission. Need enforcement and monitoring the tree companies that do this.
It is essential for our community to have healthy and abundant trees in all areas. Please do not use the tree survey as a tool to limit trees or to bolster extreme tree trimming. Thank you.
City-owned property backs up to my property and tree branches reach across into my yard. What types of maintenance will the city do on these trees?
I think the downtown trees on Higuera are nuisance trees. They bring flies and ruin sidewalks, and the newer look on Monterey street is much cleaner, easier to navigate and more appealing. I know its not popular to say this but please remove the trees along Higuera in the shopping district! A lot of people hate the mess and maintenance on trees. How about access to tree maint. And landscaping. Especially for the old and others that physically cant.
Reducing energy is an environmental benefit, not socioeconomic… I heard it’s going away and will be contracted out. They were nice people. Sad the city doesn’t care about having professional staff anymore.
SLO needs lots more tree cover. SLO needs to stop allowing developers to essentially clear cut well-treed sites. The city needs to have more respect for wild things that live in and depend upon trees; I have seen
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city contractors trimming palm trees during owl nesting season, and have seen city repeatedly allow cutting large trees where hawks nest. The willow habitats along waterways need to be protected; willows need to be replanted there, and existing groves protected.
I would like the city to plant more edible trees (citrus, feijoa, strawberry/lemon guava, loquat, avocado, fig, white sapote, persimmon, etc...) along pedestrian & bike paths (e.g., RRST is good candidate). This would allow residents to better interact with and get value from our trees and paths. Additionally would be a resource for our food-insecure population. Use the local California Rare Fruit Growers chapter as a resource.
Trees are good.
There are several sidewalk and median areas where the trees have been abused or removed and never replanted - e.g., Bishop St at the entrance to Terrace Hill.
I walk a lot in the city and open spaces and there is a need for more shade! I’ve seen so many trees being cut down due to lack of proper management such as pruning. Old trees providing crucial habitat ripped out for new construction with miniature trees being replanted. People cutting trees without approval and no repercussions
If we focus planting efforts on NATIVE tree species, we can simultaneously create shade/privacy/beauty etc. for people, AND protect biodiversity. It's a win-win! I would like to see more urban forest staff performing much needed maintenance of our city trees. when i visit a city without trees, i quickly want to leave it. please let's not make this our city. working hard to educate on how, when to plant trees and offering incentives is a great idea for property owners! however, where we will really see positive outcomes if the city is acting on the land they manage to plant more trees. i'm also a strong believer that any new developments need to include not just landscaping but trees, and ones that thrive in our SLO county environment.
The city urban forestry department is woefully underfunded. Subsequently tree maintenance is not completed in a timely manor and the trees suffer for it. Urban forest staff is overwhelmed with duties and cannot be proactive in programming. City inspection of tree protection measures during construction is non existent due to short staffing. The city should have at least 3 urban foresters plus a 3 person tree crew to attend to on call tree maintenance issues. Contracting tree crews for regular maintenance is a good direction to go regarding keeping on schedule.
Need improvement on quality of tree maintenance services, arborists that are able to properly prune and care for tree health - have seen soooo many trees butchered by tree crews, and killed due to improper pruning practices.
Provide more funding for the Urban Forest Dept to maintain street trees - public and private. Incentivize developers to retain large trees in new construction.
The more trees the better ! Part of ANY new residential or large commercial development must include as many trees as possible, we need them to help us keep our air cleaner & to help us breathe! Please plant trees and places benches to rest under the shade along the open space and the street on Orcutt and Sacramento. That open area needs shade and benches. Thanks Those huge ficus trees need to be trimmed way back and gradually replaced. They take too much water and are out of scale with the Downtown.
We should consider those spaces outside the city limit but in our county also. They are part of fire considerations for Slo city.
I am disappointed and feel this survey and effort is a bit late having already lost too many mature trees to development.
Some of our major thoroughfares (Broad Street is a perfect example) are completely devoid of trees. Broad Street is horrible — it’s like a freeway. I would love to see streets like Broad have medians fully lined with trees, except where turn lanes are required.
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Trees are good. The more the merrier. Trees make sense. Do it. Protecting and promoting trees is working with nature and that is the best guarantee of a healthy, wealthy, prosperous future. The presence of Trees is the most quintessential expression of our own value and worth. By showing gratitude and respect for the importance of trees we are showing our priorities and the importance of life and harmony with nature as our greatest strength.
I love trees and I love forests! I think they have many benefits for communities and I love that the City of San Luis Obispo is prioritizing trees and urban forestry! I would love to see trees used to beautify artery streets (johnson, broad, santa rosa, LOVR), and provide shade and protection to pedestrians/bicyclists.
By moving trees, bike lanes and pedestrians to the middle of these roadways we would see a huge increase in non-motor transportation.
Glad you are helping the community gain the many benefits of trees. Thank you! I’ll repeat, do not allow developers to remove trees. Require them to develop in such a way to preserve existing trees. What’s the point of planting new trees when mature trees continue to be cut down.
I appreciate how quickly a SLO urban forest employee responded when we had an issue with a tree on the sidewalk near the driveway to our house (large, broken branch was hanging so low that we couldn't access our driveway without possible damage to our cars).
I do love when trees separate pedestrians and cyclists from automotive vehicles too....
We love our trees and are excited for more to be in our public spaces. We feel that while most everyone may have access to the Forestry Services, they may not be aware of that access. the program needs better funding, haven't seen a street tree list recently, but in the past they have been bad (poor choices)
Please educate homeowners about tree selection…let’s get away from plum and ficus trees or East-coast natives and encourage more of our awesome and hardy native and adapted species! This is wonderful - let’s plant many more trees! Broad Street between High and Orcutt feels like a highway and is unpleasant for walking, yet is a key road to use to walk to the Coop, parks, etc. please improve with more trees (and traffic calming)!!
I know people who say they are afraid to plant trees on their properties because if it turns out to be the wrong tree for a location, it's almost impossible to get permission to remove it. Several people at a neighborhood BBQ were in agreement.
If trees are so valuable to the City, why are you permitting a developer to cut down 50 trees off of Westmont Dr.?
The City should have an aggressive street tree planting and maintenance program. We cannot rely on homeowners and renters to take care of street trees.
We need more trees. The benefits are immense
Thanks for making trees an important part of the city plan! The more trees, the merrier!
I hope the city plants as many trees as possible
It would be helpful to include a link on the City website to selectree.calpoly.edu or other similar Matt Ritter selection tool.
I am not sure what can be done about tree roots that cause sidewalks to be unsafe, but it needs to be addressed. I believe it can make the city vulnerable to law suits from individuals of a litigious nature who may trip over an uprooted portion of a city sidewalk.
Trees are important for humanity.
The tree maintenance program is much better in the retail parts of town but in the residential areas it is lacking. Many street trees in our neighborhoods have gone many years without attention. It is showing up in trees with dead limbs and misshaped trees due to wind damage.
Also the City is slow on removing dead trees in open spaces and in the street side. And even slower to
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replace that tree with another.
It would be nice to see a wider variety of trees. It seems to be when the city plants trees the are all the same. Then a few years later they do a different tree. It is like they go to Costco and buy a bunch, regardless location of the tree, then move to another variety. need to place more trees in multi family unit housing, which are mostly surrounded by cement and low income.
We use way too much fossil fuel maintaining the city's trees-I would bet that in the 30 years I've lived here there has been a multiple of more carbon emitted by vehicles and power tools than any amount of carbon our trees have captured. The same is true of how most businesses and residences (and all schools) maintain their landscaping. The number of gasoline powered leaf blowers being used on sidewalks/parking lots/streets is also kind of horrifying, especially considering many of those are also maintained by street sweeping vehicles-public and private.
It's a travesty that the City has systematically been allowing for the removal of thousands of mature trees for purposes of residential and commercial developments. The increased number of small trees planted in their place will nowhere near provide the carbon sequester benefit for many years. I find it hypocritical to act concerned about our Urban Forest while approving the removal of mature trees all over the city to make it easier for a developer to build. We need to preserve our existing Urban Forest as well as continue to plant trees to increase it.
mature trees shouldn't be swapped with small trees for developers. Development should build around the trees = for example the trees on Madonna Road for the development under construction and the proposed development on Westmont
Too many trees are being cut down for development.
I’m hoping that there’s integrity behind the reasons for creating a survey like this but hah! Will the city leadership have us rate the importance of water next, can’t wait for that survey:) We should plant more edible fruit trees as an inexpensive way to provide a social safety net Efforts seem to be directed toward tree removal rather than planting. Questionable choices of street trees allowed (oaks by American Riviera Bank).
I had two young trees in front of my house. Same species. One died because the other was stronger and shaded it. They were planted too close to each other. Maybe more thought can be put into species and spacing.
There are some very large trees on public and private land that present a clear and present danger to nearby people, homes and other structures due to damage from storm events and age-related falling limbs. How does the city address tree maintenance in those situations? I'm SO happy the city cares to sustain and hopefully expand the urban forest.
It’s not advisable on downtown City sidewalks due to bird droppings, falling leaves, etc. although they are attractive and provide shade.
Downtown sidewalks are a hazard due to tree roots pushing up the sidewalks. I have tripped/fallen & ended up in the E.R. with injuries due to this. Sidewalks need to be redone & some trees need to be removed.
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City of San Luis Obispo
INVENTORY OVERVIEW
IMPORTANCE OF A TREE
INVENTORY
It is important to accurately
identify the trees within an
agency’s urban forest. Knowing
the quantities, locations,
species types, and health
conditions of these essential
assets within the community
provides the foundation for
which annual work plans and
budgets are based. Therefore,
having an inventory is critical to
the implementation of an
effective tree care program.
As of June 15, 2022 the data in
ArborAccess determined that
the City of San Luis Obispo’s
inventory consisted of 12,970
owned tree sites located
throughout streets, parks, and
facilities while including data
collection of stumps and vacant
sites. Examples of some of the
information collected for each
tree site is listed below:
• Tree Site Address
• Tree Species Identification
• Diameter Range
• Utility Presence
• Recommended Maintenance
• Removal Priority
• Height Range
• Condition
• Tree Health Concern
• Parkway Size/Type
June 15, 2022
1 City of San Luis Obispo
INVENTORY OVERVIEW
TREES +
12,455
PLANTING SITES
379
RECOMMENDED
REMOVALS
127
+ STUMPS
134
2 June 15, 2022
TOP 10 SPECIES & VALUE
June 15, 2022
3 DBH HEIGHT
ROUTINE TRIM
Routine Trim/Grid Trim (10,156 trees)
Regardless of the amount of a community’s tree management budget, systemic tree maintenance reduces costs in the long term. There are 10,156 trees identified and recommended for routine trimming. Systematic tree maintenance programs reduce the need for “emergency” maintenance, help prevent liability problems (such as dead or weak branches that could fail), reduce tree mortality and improve urban forest health and real value over the long-term.
A systematic tree maintenance program is comprised of pre-designed trimming grids which are inspected and trimmed as needed in their entirety on a set schedule. By trimming trees on the street, regardless of size, every resident in that community feels that they have received a service for their tax dollars. At the same time, the safety and welfare of the community will be enhanced. *Trees can present a serious safety concern, especially larger, mature trees. Because many agencies assume
responsibility for a safe public right-of-way, any negligence for the care of trees impacting the safety of the right-of-way may fall on the agency. However, by implementing a
comprehensive tree risk management program, the agency
can take steps to limit their liability while keeping the public safe.
Benefits of Grid Trimming
• Scheduling
• Improved Public Relations
• Equitable Service
• Preventative Maintenance
4 Patrol - Diseased or Declining (114 Trees)
These 114 trees are in decline due to environmental conditions, pests, disease problems, or due to natural senescence. At the time of data collection these trees had not reached the point where removal was necessary. In some cases, the condition of these trees may be improved by trimming, watering, or improved by application of plant health care practices. It is recommended that these trees go through a process of disease identification and treatment prescription and be patrolled to determine the timing of treatment and application, or when removal is warranted.
Trim - Poorly Structured (29 Trees)
These 29 trees have been identified as having structural defects that can be improved through structural pruning. These defects can include codominant stem trees requiring reduction cuts to reduce the likelihood of failure. This can also include end weight reduction cuts to improve structure.
Young Tree Maintenance (1,703 Trees)
These are newly planted trees that have not been established or had stakes removed yet. These trees need monitoring, watering, re-staking, fertilizing and structural pruning. This typically ends when the stakes are no longer needed and they work type should be transitioned to a routine/grid trim.
June 15, 2022
• Improve Health
• Maintain Capital Asset
• Reduced Liability*
• Efficient Record Keeping
REMOVALS/ INSPECTION
Removal - Stump
(134 stumps)
Removal - Diseased or Declining
(20 trees)
Twenty trees were identified as diseased or
declining and are declining due to pest
infestations, disease or natural senescence.
Removal - Dead Tree
(59 trees)
Dead trees are identified by their species names
where the species can be determined. If they are
not identifiable they are called "Dead Tree." All
dead trees should be scheduled for immediate or
routine removal unless they are considered for
preservation to create suitable wildlife habitat
where conditions for public safety are not a
concern.
Removal - Poorly Structured
(12 trees)
These twelve trees have potentially hazardous
cracks or structural problems that present abovenormal safety concerns, and the potential for tree failure cannot be mitigated through pruning. Other
examples of poorly structured trees are those that
have included bark located in a primary branch
attachment, which greatly increases the potential
for limb failure in the future.
Removal - Overhead Spacing Criteria
( 1 tree)
Maintained by other agency or HOA
(327 trees)
June 15, 2022
Removal - Seedling or Volunteer
(35 trees)
Trees meeting this criteria were not
intentionally planted by homeowners; they
were grown from seeds, from surrounding
5 Inspect - Recommended Removal
(1 tree)
One poor condition Sweetshade tree has
been recommended for removal by our tree
crew. It may not benefit from plant health
care techniques, and should be viewed by
City staff.
June 15, 2022
6 The inventory data collected suggests the following
maintenance recommendations which should be
verified by staff.
1. Grid trim schedule to prune all trees on a routine
cycle (Most agencies average between 3 to 5
years).
2. Initiate inspection and mitigation for trees
identified to need patrolling for disease or
decline.
3. Removal plan (evaluate WCA, Inc.
recommendations and determine the agency’s
priorities for phased removals or other
mitigation).
4. Planting plan to fill vacant sites.
5. Provide young tree maintenance to ensure
proper establishment.
CONCLUSION
This information is considered to be a valuable reference for future budget and maintenance projections. Your Area
Manager and WCA, Inc. can help you create these
projections.
PLANTING
Tree Planting (379 sites)
Based on the criteria provided by the City, WCA, Inc. identified 379 vacant sites that are suitable for planting. Identification of vacant sites during the inventory collection allows the agency to expand the urban forest and may assist in obtaining additional grant funding. Vacant site listings from the inventory can be generated to create work lists and utilized for budget projections. The planting palette should be referenced when determining the appropriate species to plant based on the concept of “right tree, right place.”
1 Council Minutes
January 12, 2023, 5:30 p.m.
Council Chambers, 990 Palm Street, San Luis Obispo
Council Members
Present:
Council Member Emily Francis, Council Member Andy Pease, Council Member Michelle Shoresman, Vice Mayor Jan Marx, Mayor Erica A. Stewart
City Staff Present: Derek Johnson, City Manager, Christine Dietrick, City Attorney, Teresa Purrington, City Clerk
1. CALL TO ORDER
An Adjourned Meeting of the San Luis Obispo City Council was called to order on January 12, 2023, at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo, by Mayor Stewart.
2. PLEDGE OF ALLEGIANCE
Council Member Francis led the Council in the Pledge of Allegiance.
3. PUBLIC COMMENT FOR ITEMS ON THE AGENDA ONLY
Public Comment:
None
End of Public Comment--
4. BUSINESS ITEM
4.a 2023-25 FINANCIAL PLAN PROCESS, ECONOMIC OUTLOOK,
BUDGET POLICIES, AND CAPITAL IMPROVEMENT PLAN REVIEW
Estimated Time: 90 minutes)
Finance Director Emily Jackson and Budget Analyst Natalie Harnett provided an in-depth staff report and responded to Council questions.
2 Public Comment:
Damien Mavis
Eric Veium
Jim Dantona
End of Public Comment--
ACTION: By consensus, the Council provided the following direction:
Support the Goal Setting process
The categories are appropriate
Support adding an Emergency Preparedness/ Response station Stations should be thought of more broadly, maybe they are Community Priorities
Supportive of the Financial Policies as presented
Would like to have clarity on tradeoffs when reviewing the Capital Improvement Projects
5. STUDY SESSION
5.a STUDY SESSION ON THE URBAN FORESTRY PROGRAM
Estimated Time: 75 minutes)
Public Works Director Matt Horn, Deputy Public Works Director of Maintenance Operations Greg Cruce, and Sustainability & Natural Resources Official Bob Hill provided an in-depth staff report and responded to Council questions.
Public Comments:
None
End of Public Comment---
ACTION: By consensus, the Council provided the following direction:
The size of the program is appropriate
The approach should be evaluated during the full budget process Generally supportive of bifurcating work program
Supportive of not continuing the Commemorative Grove where it is currently located
3 Also supportive of possibly finding a better place for one Supportive for reviewing and updating compensatory planting requirements
Yes, the goals and objectives of the Community Forest Plan are moving in the right direction
Supportive of the complimentary tree give-away or grant program to assist in meeting the 10 Tall initiative
6. ADJOURNMENT
The meeting was adjourned at 9:51 p.m. The next Regular Meeting of the City Council will be held on January 17, 2023, at 5:30 p.m. in the Council Chambers at City Hall, 990 Palm Street, San Luis Obispo.
APPROVED BY COUNCIL: 02/07/2023
1 c
Tree Committee Minutes
February 27, 2023, 5:30 p.m.
SLO City/County Library Community Room, 995 Palm Street, San Luis Obispo Tree Committee
Members Present:
Member Alan Bate, Member Henry Bonifas, Member Emily
Rosten, Vice Chair Elizabeth Lucas, Chair Daniel Canella (two vacant seats)
City Staff Present: Acting City Arborist Anthony Whipple, Deputy Director of Maintenance Greg Cruce, Deputy City Clerk Megan Wilbanks _____________________________________________________________________
1. CALL TO ORDER
A Regular Meeting of the San Luis Obispo Tree Committee was called to order on February 27, 2023 at 5:30 p.m. in the SLO City/County Library Community Room, 995 Palm Street, San Luis Obispo, by Chair Canella.
2. PUBLIC COMMENT FOR ITEMS NOT ON THE AGENDA
Public Comment:
None
--End of Public Comment--
3. CONSENT
3.a CONSIDERATION OF MINUTES - DECEMBER 5, 2022 TREE
COMMITTEE SPECIAL MEETING MINUTES
Motion By Member Rosten
Second By Vice Chair Lucas
To approve the Tree Committee Special Meeting Minutes of December 5, 2022.
Ayes (5): Member Bate, Member Bonifas, Member Rosten, Vice Chair Lucas, and Chair Canella (two vacant seats)
CARRIED (5 to 0)
2 4. TREE REMOVAL APPEAL
4.a 92 LOS VERDES DRIVE TREE REMOVAL APPEAL
Interim City Arborist Anthony Whipple notified the Committee that the Appellant, Los Verdes Park No. 1 Homeowners Association, requested to continue review of the appeal to a date uncertain.
Chair Canella opened Public Comment
Public Comments:
None
--End of Public Comment--
Chair Canella closed Public Comment
Motion By Member Rosten
Second By Member Bate
Continue review of the 92 Los Verdes Drive Tree Removal Appeal to a date uncertain.
Ayes (5): Member Bate, Member Bonifas, Member Rosten, Vice Chair Lucas, and Chair Canella (two vacant seats)
CARRIED (5 to 0)
5. TREE REMOVAL APPLICATION
5.a 150 CHORRO STREET TREE REMOVAL APPLICATION
Interim City Arborist Anthony Whipple presented the staff report and responded to Committee inquiries.
Applicant representative, Paul Weber, provided a brief overview of the project and responded to questions raised.
Chair Canella opened Public Comment
Public Comments:
Jon Hanlon
--End of Public Comment--
Chair Canella closed Public Comment
Motion By Member Bate
Second By Member Bonifas
3 The Tree Committee reviewed a Tree Removal Application to remove one (1) Canary Island Pine tree (Pinus canariensis) located at 150 Chorro Street and recommends the Community Development Director deny the application based on insufficient evidence to support removal.
Ayes (5): Member Bate, Member Bonifas, Member Rosten, Vice Chair Lucas, and Chair Canella (two vacant seats)
CARRIED (5 to 0)
6. NEW BUSINESS
6.a CITY OF SAN LUIS OBISPO COMMUNITY FOREST PLAN REVIEW Sustainability & Natural Resources Official Bob Hill and Natural Resources Intern Christopher Hamma presented the staff report and responded to Commission inquiries. Brian Metcalf with the San Luis Obispo Rotary de Tolosa Club provided information about the Rotary's efforts to plant trees in the city. Rodney Thurman, Arborist, provided recommendations for developing one voice to help educate the community on how to plant trees, choose the right species for the location, and proper maintenance. Danny Torres spoke about carbon sequestration of mature trees and the calculations that affect which trees are appropriate to replace mature trees with.
Chair Canella opened Public Comment
Public Comments:
None
--End of Public Comment--
Chair Canella closed Public Comment
Motion By Vice Chair Lucas
Second By Member Rosten
The Tree Committee received a presentation on the Community Forest Plan and recommends the City Council approve the City of San Luis Obispo Community Forest Plan with the following recommendations:
Acknowledge that some outreach efforts should not fall solely on Public Works staff. Specifically, creating marketing brochures and digital content, updating information displayed on QR codes, and other promotional material. Consider a partnership with the Promotional Coordinating Committee.
4 When considering new planting locations, give priority to underrepresented communities so they receive an equitable amount of planting, as aligned with the Council’s Major City Goal to promote equity and inclusivity.
Consider adding ID tags with QR codes on newly planted trees to help educate the community on the City’s planting efforts and tree care. Consider designing a small handout that staff and volunteers could carry with them while working in the field to help answer questions from the community.
Provide applicants of large development projects more direction and specific requirements regarding tree replacement ratio, size, and species at the beginning of the permitting process.
Utilize community partnerships with tree professionals and Cal Poly instructors to offer walking tours specific to the City’s urban forest. Cal Poly students have demonstrated their enthusiasm for helping to increase the City’s tree inventory and are currently an underutilized resource.
Consider increasing outreach efforts around National Arbor Day, similar to how much publicity Bike to School/Work Month receives. The Tree Committee noted that City has done an amazing job developing its brand as a "Bike Friendly City" and the Tree Committee would like the same recognition for our commitment to the urban forest.
Ayes (5): Member Bate, Member Bonifas, Member Rosten, Vice Chair Lucas, and Chair Canella (two vacant seats)
CARRIED (5 to 0)
7. COMMENT AND DISCUSSION
7.a ARBORIST REPORT
Acting City Arborist Anthony Whipple and Deputy Director of Public Works Greg Cruce provided the following update of upcoming projects and activities in the Tree Division:
Staff have been heavily involved in the January 9th storm recovery efforts.
5 The Tree Division is gaining another member, Mike Johnson. Mike retired from the City and has returned as a Contractor to continue his work on the City's urban forest.
The Architectural Review Commission hasn't met since November 2022, so they have not amended their Bylaws to remove the requirement that an ARC Member serve on the Tree Committee.
Once that requirement is removed, staff in the Clerk’s Office will begin the recruitment process to fill the vacancy.
The Annual Advisory Body Recruitment is coming to an end and the Tree Committee has one applicant to fill one of the two open seats. Recruitment will be ongoing for the second vacant seat and updates will be provided as staff know more.
Commemorative Grove planting at Laguna Lake has been paused to reassess whether it's appropriate to plant more trees in that location due to the proximity of high voltage powerlines.
8. ADJOURNMENT
The meeting was adjourned at 7:13 p.m. The next Regular Meeting of the Tree Committee is scheduled for March 27, 2023 at 5:30 p.m. in the Council Hearing Room at City Hall, 990 Palm Street, San Luis Obispo.
_________________________
APPROVED BY TREE COMMITTEE: XX/XX/2023
Item 6c
Department: Utilities
Cost Center: 6107
For Agenda of: 4/4/2023
Placement: Public Hearing
Estimated Time: 10 minutes
FROM: Aaron Floyd, Utilities Director
Prepared By: Meg Buckingham, Solid Waste and Recycling Program Manager; Chris Lehman, Deputy Director - Wastewater
SUBJECT: COUNTY OF SAN LUIS OBISPO’S REQUEST TO REJOIN THE SAN LUIS OBISPO INTEGRATED WASTE MANAGEMENT AUTHORITY (IWMA).
RECOMMENDATION
Provide the Councilmember delegate on the IWMA Board of Directors guidance for negotiations with the County of San Luis Obispo to rejoin the IWMA.
DISCUSSION
Background
The IWMA is a Joint Powers Authority (JPA) that is comprised of seven cities and nine Community Services Districts within the County of San Luis Obispo (County). The IWMA manages regional household hazardous waste programs and educates and reports on solid waste, recycling, and food/green waste on behalf of its member agencies. The City fiscally supports the IWMA’s activities through payments of solid waste management fees imposed on all solid waste ratepayers and a landfill tipping fee surcharge.
Timeline of County Withdrawing from the IWMA
Item 6c
On May 18, 2021, the County commissioned a third-party study of costs to assess the fiscal impacts of the County's withdrawal from the IWMA. The study determined that new staff, multiple programs, and an increase in the budget were needed to meet service level requirements necessary for regulatory compliance. The County's analysis did not include consideration of how the withdrawal would financially impact remaining JPA members, or the policy and agreement issues raised from such a withdrawal.
On August 10, 2021, the County Board of Supervisors (Supervisors) held a hearing to decide whether to withdraw from the IWMA and on September 14, 2021, the Supervisors passed a Resolution to formally notify the IWMA of their intent to withdraw on November 15, 2021.
On October 19, 2021, the City of San Luis Obispo City Council adopted Resolution 11283 stating the City’s intent to remain a member agency of the IWMA (Attachment A) provided the following conditions were met:
1. Remove the five County Supervisors as voting board members of the IWMA.
2. Remove the eight-member (super-majority) voting provision in the existing agreement.
3. Add a provision to the agreement which clearly and directly limits the IWMA’s ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of the State requirements.
4. Specify the City of San Luis Obispo as the “designee” under the California Government Code which simply enables the IWMA to exercise both latent and articulated powers for solid waste management.
On November 16, 2021, the City Council adopted a Second Amendment to the IWMA’s JPA and First Amendment to the MOA (Attachment B) which satisfied conditions 1, 2, and 4 from the above and to continue the operations of the IWMA Board of Directors without the County as a member jurisdiction. Per the JPA, for amendments to be effective, they must be adopted by all member agencies.
On April 13, 2022, the IWMA approved a Second Amended and Restated JPA to include amendments reflecting the County’s withdrawal, number 3 from above, and additional requirements provisions. The City of San Luis Obispo’s City Council approved the Second Amended and Restated JPA on June 21, 2022 (Attachment C).
On January 24, 2023, the Supervisors voted 3-2 to approve County staff to consider rejoining the IWMA, and on March 21, 2023, the Supervisors voted 3-2 in favor of directing County staff to move forward in negotiations and develop a proposal. County staff sent a Letter of Intent (Attachment D) on March 23, 2023 to start discussions on the prospect of rejoining.
At the April 12, 2023 IWMA Board of Directors meeting, a discussion will take place to discuss the prospect and terms for which the County may rejoin and to appoint an Ad Hoc committee to oversee negotiations. There are both benefits and areas of concern that will need to be addressed as the County and IWMA Board of Directors move forward with this
Item 6c
request (Attachment D). Following negotiations, County staff will go back to the Supervisors with an official proposal stating the requirements for rejoining.
Considerations and Challenges
Considerations of County and member agency IWMA membership:
1. Increased reporting and record-keeping efficiencies for compliance with CalRecycle requirements.
2. Reduced staff time managing Memorandums of Understanding for Household Hazardous Waste Services, Retail Take-Back, Electronic Waste Collection, and Curbside Used Motor Oil.
3. Continuity in messaging through regional public outreach and education.
4. Potential savings to ratepayers through a scale of economics in providing services.
Rejoining the County to the IWMA may yield the following challenges:
1. Configuration of the IWMA Board of Directors.
2. Assurances of membership stability.
3. IWMA staffing augmentation to account for an increased workload.
4. IWMA resources dedicated to potential County rejoining efforts instead of regional program implementation and outreach activities.
The IWMA will offer due diligence to ensure that the needs and interests of member agencies are well represented as the process is conducted. The agency’s primary goal is that the potential rejoining of the County to the IWMA will benefit all member agencies.
FISCAL IMPACT
Budgeted: No Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Other: AB939 $50,000 $50,000 $0
Total $50,000 $50,000 $ $0
The potential rejoining of the County to the IWMA would impact City staff time and resources that would be dedicated to reviewing any negotiation. A preliminary estimate of $50,000 in City staff salaries is projected and costs will be covered by AB939 revenues within the Solid Waste and Recycling Program budget. There is sufficient budget to cover the projected costs.
Item 6c
ATTACHMENTS
A - Council Agenda Report – October 19, 2021
B - Council Agenda Report – November 16, 2021
C - Council Agenda Report – June 21, 2022
D - County of San Luis Obispo Letter of Intent and IWMA Memo
Item 6g
Department: Utilities
Cost Center: 6107
For Agenda of: 10/19/2021
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Jordan Lane, Solid Waste and Recycling Coordinator SUBJECT: CONSIDER ADOPTING A RESOLUTION TO REMAIN A MEMBER
AGENCY OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE
MANAGEMENT AUTHORITY (IWMA)
RECOMMENDATION
Adopt a Resolution entitled, “A Resolution of the City Council of the City of San Luis Obispo, California, to remain a member agency of the San Luis Obispo County Integrated Waste Management Authority Joint Powers Authority (JPA) provided certain conditions are satisfied.”
DISCUSSION
Background
The Integrated Waste Management Authority a Joint Powers Authority The Integrated Waste Management Authority (“ IWMA”) is a Joint Powers Authority JPA”) that has been comprised of 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 (Heritage Ranch, San Miguel, Nipomo, San Miguel Sanitary District, California Valley, Cambria, Cayucos, Oceano, Los Osos, and Templeton). The IWMA manages regional household hazardous waste programs and educates and reports on solid waste, recycling, and food/green waste on behalf of its members. The IWMA has allowed JPA members to pool resources and cost-effectively comply with various solid waste regulations, including the recently enacted Short Lived Climate Pollutants regulations – commonly referred to as Senate Bill SB) 1383. The 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 City as a participant member agency fiscally supported the IWMA’s activities on its behalf through payment of solid waste management fees imposed on all solid waste ratepayers and through payment of landfill tipping fee surcharges.
Item 6g
The City, as a participating member agency, fiscally supported the IWMA’s activities on its behalf through payment of solid waste management fees imposed on all solid waste ratepayers and through payment of landfill tipping fee surcharges.
SB 1383 Compliance – The Most Significant Change to Solid Waste Regulations in 30 years
The IWMA is presently assisting all member agencies in complying with SB 1383, the most significant change to solid waste regulations in California in 30 years. SB 1383 requires all jurisdictions to implement organic waste diversion programs to reduce emissions of methane gas and help curb climate change. These programs must include providing organic waste collection services to businesses and residences, edible food recovery, public education and outreach, contamination monitoring and sampling activities, recordkeeping and reporting, infrastructure capacity planning, procurement of recovered organic waste products, and enforcement.
County of San Luis Obispo Withdrawal
On May 18, 2021, the County of San Luis Obispo commissioned a third-party study of costs to assess the fiscal impacts of the County’s withdrawal from the IWMA. The study determined five new full-time positions and multiple programs would be necessary to meet the service level necessary for compliance with SB1383 and historically provided by the IWMA. The cost of implementing a new program at the County was estimated to be between $1.6 to $2.1 million per year. To cover these projected cost increases, the County would need to immediately increase solid waste rates by 10% to 12% for residents in unincorporated areas. The County’s analysis did not include consideration of how withdrawal would financially impact remaining JPA members, or the policy and agreement issues raised from such a withdrawal.
In 2021, the County of San Luis Obispo commissioned this series of events contributed to the County commissioning a third-party study of costs to assess the fiscal impacts of the County’s withdrawal from the IWMA and assumption of the essential functions of the IWMA provided to the County as a member agency. The study determined five new fulltime positions and multiple programs would be necessary to meet the service level provided and continued compliance with State laws. The cost of implementing a new program at the County was estimated to be between $1.6 to $2.1 million per year. To cover these projected cost increases, the County would need to immediately increase solid waste rates by 10% to 12% for residents in unincorporated areas. The County’s analysis did not include consideration of how withdrawal would financially impact remaining JPA members, or the policy and agreement issues raised from such a withdrawal.
On August 10, 2021, the County Board of Supervisors held a hearing to decide whether to withdraw from the IWMA, and on September 14, 2021, the County Board of Supervisors passed a resolution to formally notify the IWMA of its intent to withdraw on November 15, 2021.
Item 6g
IWMA Board Hiring of Consultant to Conduct Analysis of Fee Increases Given County Withdrawal
On September 8, 2021, the IWMA Board met and appointed HF&H, a consulting firm specializing in solid waste, to conduct an analysis of the impacts of the County’s withdrawal from the JPA and potential IWMA fee increases given the departure of the County and the implementation of SB1383. Given this change in participation in the JPA, the applicability and accuracy of the initial fee increase previously identified by IWMA (to implement SB1383) must be reevaluated and the City expects to obtain that assessment from HF&H in early October 2021.
Ratepayers in the City currently contribute approximately $255,000 per year to the IWMA for its services through a combination of a solid waste management fee paid by all solid waste rate payers (approximately $ 168,000 per year) and a landfill tipping fee surcharge of $ 3 per ton ( approximately $ 87,000 per year). This $ 255,000 amounts to roughly
12.75% of the IWMA’s $2 million annual budget. Prior the County’s withdrawal notification the IWMA stated the need to increase its annual budget to about $3.7 million to conduct additional SB1383 compliance work. The HF&H fee reanalysis is currently underway and will confirm or revise estimated fiscal impacts of the County leaving the IWMA and the service costs of complying with SB1383 by IWMA by member agencies.
On September 8, 2021, the IWMA Board met and appointed HF&H, a consulting firm specializing in solid waste, to conduct an analysis of the IWMA fee increase necessary given the departure of the County and the implementation of SB1383. HF&H is currently contracted by the IWMA to guide member agencies in complying with SB1383 and performed an initial analysis of a necessary IWMA fee increase. Given this change in participation in the JPA the applicability and accuracy of the initial fee increase previously provided must be reevaluated, and the City expects to obtain a secondary assessment from HF&H in early October 2021.
Continued Role of IWMA and Agency Participation in JPA
While changes in service level and revenue are anticipated impacts of the departure of the County, further analysis is required to understand the breadth of those impacts on the remaining member agencies. Despite the circumstances of the County’s departure and amidst the reassessment of fees, representatives of several cities and special districts have expressed their intent to remain members of the IWMA.
The City of San Luis Obispo is and has been a significant partner to the IWMA since its inception, and the IWMA has been a critical partner in assisting the City in meeting compliance with State mandates including SB1383. Agencies continued participation as members of the IWMA is critical for the JPA’s ongoing viability as a regional organization.
Regionality in solid waste traditionally provides an economy of scale, ensures consistent education and outreach among member jurisdictions, and locally has been a successful means of meeting waste diversion and compliance since 1994. The role of the IWMA has provided its member agencies with educational outreach on landfill diversion, source reduction, and emissions reduction efforts implemented in local communities.
Item 6g
While changes in service level and revenue are anticipated impacts of the departure of the County, further analysis is required to understand the breadth of those impacts on the remaining member agencies. Despite the circumstances of the County’s departure and amidst the reassessment of fees, representatives of several cities and special districts have expressed their intent to remain members of the IWMA at this time.
The City of San Luis Obispo is and has been a significant partner to the IWMA since its inception, and the IWMA has been a critical partner in assisting the City in meeting compliance with multiple State mandates including SB1383 . Agencies’ continued participation as members of the IWMA is critical for the JPA’s ongoing viability as a regional organization. Regionality in solid waste provides an economy of scale, ensures consistent education and outreach among member jurisdictions, and locally has been a successful means of meeting waste diversion and compliance since 1994. The IWMA has provided its member agencies with educational outreach on landfill diversion, source reduction, and emissions reduction efforts implemented in local communities.
Proposed Resolution in Support of Continued Participation in IWMA JPA The IWMA is a regional government entity representing its members in solid waste diversion and reduction efforts. The efficacy of the organization depends on the breadth and participation of its member base. To remain an operating JPA the remaining member agencies must agree on terms for the organization sans the County’s involvement. Staff and City Management met and conferred on what conditions would be necessary to commit to continued membership once the County fully withdraws. The proposed Resolution requires revisions to the JPA Agreement, and additional actions for the IWMA, in order for the City to continue its membership at this time. These revisions and additional actions include:
JPA Revisions
1. Remove the five County Supervisors as voting board members of the IWMA effective immediately.
2. Remove the eight-member (super-majority) voting provision stated in Section 8.5 of the existing Agreement.
3. Add a provision to the Agreement which clearly and directly limits the IWMA’s ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of the State requirements.
Additional Actions
1. Begin recruitment and diligently pursue hiring a permanent Executive Director as soon as practical.
2. Hire a third-party firm with solid waste management expertise to analyze fees and staffing structures and to make a recommendation for any programs and services that are not required by, or are in excess of, State solid waste regulations. The report shall identify potential cost saving measures and the IWMA Board shall evaluate and implement those recommendations to reduce costs and minimize expenses. The report must be completed and distributed to all JPA members.
Item 6g
By adopting this Resolution, the City will achieve compliance with SB 1383 through the services the JPA provides. Additionally, the IWMA will continue as a regional organization providing cost-effective solid waste regulatory compliance services to our neighboring communities.
The Joint Powers Agreement establishing the IWMA was written in 1994 and remains the current and active version. Section 14 of the existing Joint Powers Agreement states that amendments may only be made by a written instrument executed by all Members.
Several other cities will be considering adoption of a similar resolution. The City of Paso Robles presented a similar resolution on October 5th which was adopted, and Grover Beach plans to present on October 12th.
Policy Context
The City’s Climate Action Plan Pillar 5: Circular Economy lists waste diversion as a means of achieving Greenhouse Gas Emissions Goals. Participation in the IWMA’s outreach and education, monitoring, and compliance programs has helped the City make progress towards our Climate Action Plan goals with regional impact.
CONCURRENCE
The City’s Finance and Attorney Offices concur with the findings of this report.
ENVIRONMENTAL REVIEW
The recommended actions are not a project as defined under CEQA Guidelines Section 15738.
Fiscal Analysis:
The Fiscal Analysis to remaining member agencies of the IWMA will be calculated by HF&H Consultants during the reanalysis of the IWMA fee increase (currently underway).
IWMA related fees have historically been assessed as pass-through costs to customers of San Luis Garbage Company.
ALTERNATIVES
The City Council could continue this item for consideration at a future Council meeting and provide additional direction to staff to perform an analysis on the comparative costs of staffing and performing these services in-house.
ATTACHMENTS
A – Draft Resolution committing to remain a member agency to the IWMA provided certain conditions are satisfied.
B – Joint Powers Agreement to Establish an Integrated Waste Management Authority for the Cities and County of San Luis Obispo, California.
R ______
RESOLUTION NO. _____ (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO REMAIN A MEMBER AGENCY OF THE SAN
LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY JOINT POWERS AUTHORITY (JPA) PROVIDED CERTAIN
CONDITIONS ARE SATISFIED
WHEREAS, the Integrated Waste Management Authority (“ IWMA”) is a JPA comprised of the County of San Luis Obispo, (“County”) seven local agencies (Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo) and a representative of the Community Services District. The IWMA manages, on behalf of its members, hazardous waste, universal waste, solid waste, recycling, and food/green waste; and
WHEREAS, the IWMA is a way for JPA members to pool resources and cost - effectively comply with various solid waste and other regulations including, but not limited to, Senate Bill (SB) 1383, the recently enacted Short Lived Climate Pollutants regulations.
The IWMA staff is responsible for administration of over 40 different solid waste programs including household hazardous waste collection, electronics waste collection, and sharps disposal, and many of which require public education and outreach , monitoring, and reporting to the State; and
WHEREAS, the City supports the IWMA through payment of solid waste management fees imposed on all solid waste ratepayers; and WHEREAS, the IWMA is presently helping all member agencies comply with SB 1383, which is the most significant change to solid waste regulations in 30 years. SB 1383 requires jurisdictions to implement an organic waste diversion program that includes 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 and edible food recovery, infrastructure capacity planning, procurement of recovered organic waste products, and enforcement; and
WHEREAS, in October 2019, the IWMA passed a countywide ordinance banning polystyrene products. The ordinance was controversial because it exceeded State requirements. In March 2020, the IWMA board opted to delay implementation of the ordinance by 12 months. In November 2020, the IWMA board adopted a new strategic plan that committed the agency to implementing and not exceeding State regulatory requirements. In April 2021, the IWMA board considered revoking the polystyrene product ban. However, the ban was upheld after invocation of a Supermajority provision written into the JPA; and
Resolution No. _____ (2021 Series) Page 2
R ______
WHEREAS, a series of events contributed to the County commissioning a third - party study of costs for the County to withdraw from the IWMA and independently fulfill all essential functions of the IWMA. The study assessed additional costs of $1.6 to $2.1 million per year to unincorporated rate payers and staffing of five new full -time positions to fulfill the programmatic needs for compliance with State mandates. According to the study, to cover projected cost increases, the County would need to immediately increase solid waste rates by 10% to 12% for residents in unincorporated areas; and WHEREAS, on August 10, 2021, the County Board of Supervisors held a hearing to decide whether to withdraw from the IWMA. The County Board of Supervisors voted to withdraw from the IWMA and implement an independent county solid waste compliance program; and
WHEREAS, the County’s analysis and subsequent August 10, 2021 decision to withdraw did not include policy analysis or consideration regarding how withdrawal would financially impact remaining JPA member rates; and
WHEREAS, on September 14, 2021, the County Board of Supervisors passed a resolution to formally notify the IWMA of its intent to withdraw on November 15, 2021.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City hereby declares intent to remain a member agency of the San Luis Obispo County Integrated Waste Management Authority (IWMA) subject to the following conditions:
a) The IWMA Joint Powers Authority Agreement shall be revised as follows:
i) Remove the five County Supervisors as voting board members of the IWMA effective immediately; and
ii) Remove the eight-member voting provision stated in Section 8.5; and iii) Add a provision to the Agreement which clearly and directly limits the IWMA’s ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of the State requirements. b) The revised JPA Agreement must be fully executed as soon as possible. c) The IWMA must also take the following actions:
i) Begin recruitment and diligently pursue hiring a permanent Executive Director as soon as practical; and
ii) Hire a third-party firm with solid waste management expertise to analyze fees, staffing structures and make recommendation for any programs and services that are not required by, or are in excess of, State solid waste regulations. The report shall identify potential cost saving measures and the Board shall evaluate and implement those recommendations to reduce costs and minimize expenses. The report must be completed and distributed to all JPA members.
Resolution No. _____ (2021 Series) Page 3
R ______
SECTION 2. This Resolution shall take effect on the date it is approved. The City Manager or their designee is directed to deliver this approved resolution to the IWMA’s Acting Executive Director and Executive Committee.
Upon motion of Council Member ___________, seconded by Council Member and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2021.
Mayor Erica A. Stewart
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________.
Teresa Purrington
City Clerk
Item 5j
Department: Utilities
Cost Center: 6107
For Agenda of: 11/16/2021
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Jordan Lane, Solid Waste and Recycling Coordinator; Rebecca Bernstorff, Community Services Group Business Manager
SUBJECT: ADOPTION OF SECOND AMENDMENT TO THE INTEGRATED WASTE
MANAGEMENT AUTHORITY ( IWMA) JOINT POWERS AGREEMENT
AND FIRST AMENDMENT TO THE IWMA MEMORANDUM OF
AGREEMENT
RECOMMENDATIONS
1. Adopt the Second Amendment to the IWMA Joint Powers Agreement (JPA) and First Amendment to the IWMA Memorandum of Agreement (MOA) (Attachment A); and
2. Authorize the Mayor to execute future Amendments to the IWMA JPA and MOA, consistent with Council Resolution No. 11283, to formally acknowledge that the future scope of IWMA services to its member agencies will be related solely to State requirements.
DISCUSSION
Background
Along with the Cities of Arroyo Grande, Atascadero, Paso Robles, Grover Beach, Morro Bay, Pismo Beach, and the County of San Luis Obispo, the City of San Luis Obispo entered into a Joint Powers Agreement (JPA) with the IWMA on May 10, 1994, for the purpose of facilitating waste diversion programs and providing economies of scale on a regional basis in accordance with the State’s Integrated Waste Management Act of 1989.
In 2001, a Memorandum of Agreement (MOA) was established between the represented Cities, County and certain special districts within San Luis Obispo County amending the JPA agreement to include Authorized Districts for representation on the IWMA Board.
JPA Amendment to Continue IWMA Operations After San Luis Obispo County’s Withdrawal from the IWMA
On September 14, 2021, the County Board of Supervisors voted to withdraw from the IWMA effective November 15, 2021. To continue the operations of the IWMA Board of Directors, without the County as a member jurisdiction, the Second Amendment to the IWMA JPA (Attachment A) and First Amendment to the IWMA MOA (Attachment B) were adopted by the IWMA Board of Directors on October 13, 2021. Per the existing JPA, for the Amendments to be effective, they must be adopted by all member agencies.
Item 5j
As proposed, amendments to the IWMA JPA are limited and include specifics as to Board composition, quorum requirements, and the required Government Code designated agency. The JPA Amendment eliminates participation of the County Board of Supervisors, the requirement that a County representative is needed to establish a quorum of the IWMA Board, and the eight-member voting provision in Section 8.5. If unchanged, the eight-member voting provision meant that a unanimous vote could be required on any item with the request of one board member. Instead, this revision now provides for a simple majority on all matters.
The proposed First Amendment to the IWMA MOA formalizes the Special Districts’ acceptance of the amendment to the JPA.
Policy Context - Previous Council or Advisory Body Action and Future Authorization to Amend
On October 19, 2021, City Council adopted Resolution No. 11283 (Attachment C) which declares the City’s intent to remain a member agency of the IWMA provided the following conditions are satisfied:
1. Remove the five County Supervisors as voting board members of the IWMA effective immediately.
2. Remove the eight-member (super-majority) voting provision stated in Section 8.5 of the existing Agreement.
3. Add a provision to the Agreement which clearly and directly limits the IWMA’s ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of the State requirements.
4. Specify the City of San Luis Obispo as the “ designee” under the California Government Code which simply enables the IWMA to exercise both latent and articulated powers for solid waste management otherwise permitted by the powers of the City of San Luis Obispo.
Two of the conditions are addressed within these proposed Amendments to the JPA and MOA including removal of the five County Supervisors as voting IWMA Board members and removal of the eight-member voting provision. The third and final condition, limiting IWMA’s scope of services to State mandates only, is not included in these proposed Amendments. Like San Luis Obispo, the cities of Grover Beach, Pismo Beach, and Paso Robles adopted similar resolutions, and all included the third condition.
On November 10, 2021, the IWMA Board initiated the formation of an Ad Hoc Committee to develop further revisions to the JPA which is anticipated to include a provision limiting the scope of services provided by the IWMA to state mandates only in alignment with the resolutions passed by member agencies as described above. At this time, the proposed Amendments to the JPA and MOA reflect a preliminary step in a more extensive revision of the JPA which will be drafted by the Ad Hoc Committee and presented to the IWMA Board of Supervisors at a future date.
Item 5j
Staff recommends authorizing the Mayor to execute a future amendment of the JPA consistent with Resolution No. 11283 and thereby limiting the scope of IWMA services to State mandated activities. If other amendments are advanced by the IWMA, the full package of amendments will return to the City Council for consideration.
Public Engagement
This is an administrative item, so no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.
CONCURRENCE
The City’s Utilities Department, Community Services Group, and City Attorney’s Office concur with the recommendations made in this report.
ENVIRONMENTAL REVIEW
The proposed ordinance is exempt per California Environmental Quality Act ( CEQA) Guidelines Section 15061(b)(3), the “Common Sense” exemption because the proposed action consists only of the adoption of new standards and will have no physical effects on the environment and has no possibility of a significant adverse effect on the environment.
FISCAL IMPACT
Budgeted: No Budget Year: N/A
Funding Identified: No
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ $ $ $
State
Federal
Fees
Other:
Total $ 0.00 $ 0.00 $ 0.00 $ 0.00
Item 5j
ALTERNATIVES
1. Continue consideration of this item. The City Council may continue consideration of the recommendation if more information is needed to make a decision or until remaining conditions as listed in Resolution No. 11283 (2021 Series) are included in the proposed revision.
2. Adopt only the revised JPA and MOA. City Council may choose not to authorize the Mayor to execute a future Amendment to the JPA and MOA limiting the scope of the IWMA services to State mandated activities.
ATTACHMENTS
A – Second Amendment to the IWMA JPA
B – First Amendment to the IWMA MOA
C – Resolution No. 11283 (2021 Series)
R 11283
RESOLUTION NO. 11283 (2021 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, TO REMAIN A MEMBER AGENCY OF THE SAN
LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY JOINT POWERS AUTHORITY ( JPA) PROVIDED CERTAIN
CONDITIONS ARE SATISFIED
WHEREAS, the Integrated Waste Management Authority (“ IWMA”) is a JPA comprised of the County of San Luis Obispo, (“ County”) seven local agencies ( Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo) and a representative of the Community Services District. The IWMA manages, on behalf of its members, hazardous waste, universal waste, solid waste, recycling, and food/green waste; and
WHEREAS, the IWMA is a way for JPA members to pool resources and costeffectively comply with various solid waste and other regulations including, but not limited to, Senate Bill (SB) 1383, the recently enacted Short Lived Climate Pollutants regulations.
The IWMA staff is responsible for administration of over 40 different solid waste programs including household hazardous waste collection, electronics waste collection, and sharps disposal, and many of which require public education and outreach, monitoring, and reporting to the State; and
WHEREAS, the City supports the IWMA through payment of solid waste management fees imposed on all solid waste ratepayers; and WHEREAS, the IWMA is presently helping all member agencies comply with SB 1383, which is the most significant change to solid waste regulations in 30 years. SB 1383 requires jurisdictions to implement an organic waste diversion program that includes 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 and edible food recovery, infrastructure capacity planning, procurement of recovered organic waste products, and enforcement; and
WHEREAS, in October 2019, the IWMA passed a countywide ordinance banning polystyrene products. The ordinance was controversial because it exceeded State requirements. In March 2020, the IWMA board opted to delay implementation of the ordinance by 12 months. In November 2020, the IWMA board adopted a new strategic plan that committed the agency to implementing and not exceeding State regulatory requirements. In April 2021, the IWMA board considered revoking the polystyrene product ban. However, the ban was upheld after invocation of a Supermajority provision written into the JPA; and
DocuSign Envelope ID: C2E5642C- 9E6E- 4811- BC05- 1DFAA74E733A
Resolution No. 11283 (2021 Series) Page 2
R 11283
WHEREAS, a series of events contributed to the County commissioning a thirdparty study of costs for the County to withdraw from the IWMA and independently fulfill all essential functions of the IWMA. The study assessed additional costs of $1.6 to $2.1 million per year to unincorporated rate payers and staffing of five new full-time positions to fulfill the programmatic needs for compliance with State mandates. According to the study, to cover projected cost increases, the County would need to immediately increase solid waste rates by 10% to 12% for residents in unincorporated areas; and WHEREAS, on August 10, 2021, the County Board of Supervisors held a hearing to decide whether to withdraw from the IWMA. The County Board of Supervisors voted to withdraw from the IWMA and implement an independent county solid waste compliance program; and
WHEREAS, the County’s analysis and subsequent August 10, 2021 decision to withdraw did not include policy analysis or consideration regarding how withdrawal would financially impact remaining JPA member rates; and
WHEREAS, on September 14, 2021, the County Board of Supervisors passed a resolution to formally notify the IWMA of its intent to withdraw on November 15, 2021.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City hereby declares intent to remain a member agency of the San Luis Obispo County Integrated Waste Management Authority (IWMA) subject to the following conditions:
a) The IWMA Joint Powers Authority Agreement shall be revised as follows:
i) Remove the five County Supervisors as voting board members of the IWMA effective immediately; and
ii) Remove the eight- member voting provision stated in Section 8.5; and iii) Add a provision to the Agreement which clearly and directly limits the IWMA’s ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of the State requirements. b) The revised JPA Agreement must be fully executed as soon as possible. c) The IWMA must also take the following actions:
i) Begin recruitment and diligently pursue hiring a permanent Executive Director as soon as practical; and
ii) Hire a third-party firm with solid waste management expertise to analyze fees, staffing structures and make recommendation for any programs and services that are not required by, or are in excess of, State solid waste regulations. The report shall identify potential cost saving measures and the Board shall evaluate and implement those recommendations to reduce costs and minimize expenses. The report must be completed and distributed to all JPA members.
DocuSign Envelope ID: C2E5642C- 9E6E- 4811- BC05- 1DFAA74E733A
Resolution No. 11283 (2021 Series) Page 3
R 11283
SECTION 2. This Resolution shall take effect on the date it is approved. The City Manager or their designee is directed to deliver this approved resolution to the IWMA’ s Acting Executive Director and Executive Committee.
Upon motion of Vice Mayor Christianson, seconded by Council Member Shoresman, and on the following roll call vote:
AYES: Council Member Marx, Pease, and Shoresman, Vice Mayor Christianson, and Mayor Stewart
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19th day of October 2021.
Mayor Erica A. Stewart
ATTEST:
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________.
Teresa Purrington
City Clerk
DocuSign Envelope ID: C2E5642C- 9E6E- 4811- BC05- 1DFAA74E733A 10/ 21/ 2021 | 7: 45 AM PDT
Item 5e
Department: Utilities
Cost Center: 6107
For Agenda of: 6/21/2022
Placement: Consent
Estimated Time: N/A
FROM: Aaron Floyd, Utilities Director
Prepared By: Tina Clark, Solid Waste and Recycling Coordinator SUBJECT: ADOPT THE SECOND AMENDED AND RESTATED JOINT POINT
POWERS AGREEMENT TO ESTABLISH AN INTEGRATED WASTE
MANAGEMENT AUTHORITY FOR THE CITIES OF SAN LUIS OBISPO
COUNTY, CALIFORNIA
RECOMMENDATION
Adopt a Resolution entitled, “ A Resolution of the City Council of the City of San Luis Obispo, California, adopting the second amended and restated Joint Powers Agreement to establish an Integrated Waste Management Authority for the cities of San Luis Obispo County, California.”
DISCUSSION
On April 13, 2022, the San Luis Obispo County Integrated Waste Management Authority IWMA) approved a second amended and restated Joint Powers Agreement ( JPA) to establish an Integrated Waste Management Authority for the Cities of San Luis Obispo County to include amendments reflecting the County’s withdrawal from the agency.
Following multiple member agency meetings and discussions surrounding the changes to the document, the IWMA has subsequently released this document to its member agencies for adoption by resolution (Attachments A, B & C).
Background
In 1994, the City of San Luis Obispo, along with the cities Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, Pismo Beach, and the County of San Luis Obispo, formed the IWMA to provide regional coordination and economies of scale in meeting the requirements of the California Integrated Waste Management Act of 1989 and subsequent legislation by entering a JPA. In 2001, a Memorandum of Agreement MOA) was established between the represented Cities, County, and certain special districts within San Luis Obispo County to allow for special districts to be represented on the IWMA Board.
San Luis Obispo County Withdrawal Prompts IWMA JPA Amendment On September 14, 2021, the County Board of Supervisors voted to withdraw from the IWMA effective November 15, 2021. On October 19, 2021, the City Council adopted Resolution No.11283, stating the City’s intent to remain a member of the IWMA provided the following conditions were satisfied (Attachment D):
Item 5e
1. Remove the five County Supervisors as voting board members of the IWMA effective immediately.
2. Remove the eight-member (super-majority) voting provision stated in Section 8.5 of the existing Agreement.
3. Add a provision to the Agreement which clearly and directly limits the IWMA’s ability to adopt, impose, or implement any rule, regulation, policy, or ordinance in excess of the State requirements.
4. Specify the City of San Luis Obispo as the “ designee” under the California Government Code which simply enables the IWMA to exercise both latent and articulated powers for solid waste management otherwise permitted by the powers of the City of San Luis Obispo.
On November 16, 2022, the City Council adopted the Second Amendment to the initial JPA ( Attachment E) and the First Amendment to the MOA ( Attachment F). These documents satisfied conditions No. 1, No. 2, and No. 4 listed above. On November 10, 2022, the IWMA initiated the formation of an Ad Hoc Committee to further revise the initial JPA as other cities had expressed similar concerns to condition No. 3, limiting the future scope of IWMA services to meeting State mandates only. Thus, the City Council authorized the Mayor to execute future Amendments to the initial JPA and MOA, provided they were consistent with Council Resolution No. 11283 and addressed condition No. 3.
This item is being brought back to Council for consideration as the amended and restated JPA released by the IWMA exceeds the guidelines outlined in Resolution No. 11283.
IWMA Ad Hoc Committee Review and Final JPA Amendments
The Ad Hoc Committee completed its work this spring and after several rounds of deliberations, the IWMA Board approved the release of the amended and restated JPA at its April 13, 2022 meeting. The amendment incorporates special district representation on the IWMA Board and exceeds the requirements specified in condition No. 3. In addition to limiting the IWMA’s powers to addressing state-mandated legislative and regulatory requirements only, the JPA calls for the IWMA to establish a budget and a purchasing policy that requires Board consideration of the minimum work required to meeting these requirements in the most demonstratively cost-effective way possible. In addition to the City of San Luis Obispo, the cities of Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso Robles, and Pismo Beach must also approve the amended and restated agreement to become effective. Staff anticipates approval by all Member Agencies.
Previous Council or Advisory Body Action
The following summarizes previous City Council action as described above. x October 19, 2021 – adopted Resolution No.11283 stating the City’s intent to remain a member of the IWMA provided certain conditions were met. x November 16, 2021 – adopted the Second Amendment to the JPA and the MOA which satisfied conditions No’s. 1, 2, & 4 and authorized the Mayor to execute additional JPA and MOA amendments provided they were consistent with Resolution No. 11283 and addressed condition No. 3.
Item 5e
Policy Context
The City’s Climate Action Plan Pillar 5: Circular Economy lists waste diversion as a means of achieving greenhouse gas emissions goals. Participation in the IWMA’s outreach and education, implementation, monitoring, and compliance programs has allowed the City to make progress towards meeting these goals with regional impact.
Public Engagement
As this is an administrative item, no outside public engagement was completed. Public comment can be provided to the City Council through written correspondence prior to the meeting and through public testimony at the meeting.
CONCURRENCE
The City’s Finance Department and Attorney’s Office concur with the findings of this report.
ENVIRONMENTAL REVIEW
The recommended actions are not a project as defined under CEQA Guidelines Section 15738.
FISCAL IMPACT
Budgeted: N/A Budget Year: N/A
Funding Identified: N/A
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
General Fund $ N/A $ $ $
State
Federal
Fees
Other:
Total $ $ $ $
There is no fiscal impact associated with the recommended action. The IWMA’s 5.4%- member agency gross hauler receipts fee was included in the Integrated Solid Waste Rate adopted by City Council on April 19, 2022.
Item 5e
ALTERNATIVES
1. Council could decide to no longer be a Member Agency of the Integrated Waste Management Authority. Staff does not recommend this action because it would require the City to assume full responsibility for the implementation of all State legislative mandates related to solid waste and recycling such as AB 939, AB 1826, and SB 1383.
2. Council could decide to not accept the new JPA and either propose changes to it or recommend keeping the previous version. Staff does not recommend this action as the other Member Agencies are anticipated to support the new JPA, and approval by all Member Agencies is required for the new JPA to become effective.
ATTACHMENTS
A - Draft Resolution adopting the second amended and restated JPA B - Exhibit A to the Resolution – Joint Powers Agreement C - Joint Powers Agreement (Redline)
D - Resolution No.11283 (2021 Series)
E - Second Amendment to the JPA
F - First Amendment to the MOA
R ______
RESOLUTION NO. _____ (2022 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING THE SECOND AMENDED AND
RESTATED JOINT POWERS AGREEMENT TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY FOR THE CITIES
OF SAN LUIS OBISPO COUNTY, CALIFORNIA
WHEREAS, as 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 ( also known as the First Amendment to the JPA Agreement); and
WHEREAS, in or around October On October 19, 2021, the City Council adopted Resolution No.11283, authorizing the City to remain a member of the San Luis Obispo County Integrated Waste Management Authority (“IWMA”) provided certain conditions were satisfied; and
WHEREAS, in or around April 13, 2022, the IWMA Board considered and approved amendments to the JPA Agreement (“Second Amended and Restated JPA”), including those reflecting the withdrawal of San Luis Obispo County from the IWMA, and directed IWMA staff to circulate it to Participating Agencies for approval (a true and correct copy of the Second Amended and Restated JPA is attached hereto as Exhibit A); and WHEREAS, the Second Amended and Restated JPA shall amend the JPA Agreement and shall be considered a Memorandum of Understanding between the Cities and the 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
Resolution No. _____ (2022 Series) Page 2
R ______
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 Council Member ___________, seconded by Council Member and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this _____ day of _______________ 2022.
Mayor Erica A. Stewart
ATTEST:
Teresa Purrington, City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick, City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, on ______________________.
Teresa Purrington, City Clerk
JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES OF
SAN LUIS OBISPO COUNTY, CALIFORNIA
1 -
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 on _________________________________, 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 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
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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 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 statemandated 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.
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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 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.
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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.
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.
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1.15 “ IWMA Region” means the jurisdictional territory and boundaries of all Participating Agencies.
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 theAct (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 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.
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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.
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.
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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 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.
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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 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 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.
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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, or Joint 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; 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;
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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;
l) 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 orrepair 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;
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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 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 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
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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.
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
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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 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
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of the Authority may do so by executing this Agreement
without prior 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
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.
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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 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
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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 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.
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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.
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 fund derived from tipping fee surcharges and other sources as approved by the Board.
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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 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.
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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.
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
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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 AuditorController / 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.
11.2 Notwithstanding Sections 11.1 above, designation of the AuditorController / 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.
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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 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.
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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 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.
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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 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
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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.
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 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.
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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).
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first hereinabove written.
CITY OF SAN LUIS OBISPO
By: ___________________________ Date: ________________________ Erica A. Stewart, Mayor
ATTEST
By: ___________________________ Resolution No. _________ (2022 Series) Teresa Purrington, City Clerk
APPROVED AS TO FOR AND LEGAL EFFECT
By: ___________________________ Date: __________________________ J. Christine Dietrick, City Attorney
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PARTICIPATING AGENCIES
CITIES
Arroyo Grande
Atascadero
El Paso de Robles
Grover Beach
Morro Bay
Pismo Beach
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
JOINT POWERS AGREEMENT
TO ESTABLISH AN
INTEGRATED WASTE MANAGEMENT AUTHORITY
FOR THE CITIES OF
SAN LUIS OBISPO COUNTY, CALIFORNIA
Deleted: AND COUNTY
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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 on _________________________________, 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 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
Deleted: AND COUNTY
Deleted: 10th
Deleted: " CITIES," and the County of San Luis Obispo, a body politic and corporate and a subdivision of the State of California, hereinafter called " COUNTY," as follows:
Deleted: WHEREAS, Section 6500, et seq., of the California Government Code (Title 1, Division 7, Chapter 5, Article 1) provides for agreements between two or more public
agencies to jointly exercise any power common to the
contracting parties, subject to certain mandatory provisions contained therein; and ¶
WHEREAS, it is desirable
Deleted: be created by and with the consent of CITIES and COUNTY…
Deleted: suggest,
Deleted: problems; assist with programs by utilizing the professional talents of the various governmental
jurisdictions in the County and of experts in various other fields and to coordinate their
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Deleted: CITIES
Deleted: COUNTY have the power to plan, acquire,
construct, maintain, manage, regulate, operate and control facilities…
Deleted: the collection, transportation, processing and disposal of the …
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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 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 statemandated 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.
Deleted: within their jurisdictions
Deleted: CITIES and COUNTY
Deleted: CITIES and COUNTY intend by this Agreement to
exercise their respective powers jointly and to exercise such additional powers as are available for the purpose of
achieving their waste diversion goals, complying with the Integrated Waste Management Act and developing
integrated resource recovery facilities for the benefit of all CITIES and COUNTY; and¶
WHEREAS, the CITIES and COUNTY intend,
Deleted: to establish
Deleted: Section 40973;
Deleted: the CITIES and COUNTY intend,
Deleted: this agreement and Public Resources Code
Deleted: 40973, that said regional agency, and not the
CITIES and COUNTY which are members of the regional
agency,…
Deleted: responsible for compliance with the waste
diversion requirements set forth
Deleted: Public Resources Code, Article 1
Deleted: Chapter 6 (commencing with
Deleted: 41780);
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Deleted: .
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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 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.
Deleted: PRC Sec.
Deleted: California Public
Deleted: Sections
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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.
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 inPublic 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.
Deleted: Member
Deleted: Members
Deleted: cities
Deleted: <#>“ County” means the unincorporated areas of San Luis Obispo County, California.¶
Deleted: California Public
Deleted: Sections
Deleted: California Public
Deleted: Sections
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1.15 “ IWMA Region” means the jurisdictional territory and boundaries of all Participating Agencies.
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 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.
Deleted: located within the boundary of the Authority and is …
Deleted: members
Deleted: members
Deleted: <#>“ Manager” means the person hired and
appointed by the Board as the Authority' s administrative officer to administer the affairs of the Authority and to effect the policies of the Board.¶
Member” means any of the signatories to this Agreement
and “ Members” means all of the signatories to this
Agreement.¶
Deleted: <#>(PRC
Deleted: California Public
Deleted: Sections
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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.
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.
Deleted: member
Deleted: one
Deleted: more, but not all,
Deleted: Members
Deleted: California Public
Deleted: Sections
Deleted: This Agreement is entered into for the purposes of providing for the joint exercise of certain powers
common to the Members and for the exercise of such
additional powers as are conferred by law in order to
achieve our waste diversion goals. The Members are each empowered by the laws of the State of California to exercise the powers specified in this Agreement and to comply with the provisions of the Act and other laws. These common
powers shall be exercised for the benefit of any one or more of the Members or otherwise in the manner set forth in this Agreement.¶
The members enter the agreement
Deleted: city and the County
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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 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.
Deleted: Members
Deleted: )
Deleted: if it so chooses.
Deleted: Members
Deleted: Section 40973.
Deleted: CITIES and COUNTY which are members
Deleted: the
Deleted: 12
Deleted: members
Deleted: Members.
Deleted: Member
Deleted: Member
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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 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 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.
Moved ( insertion) [ 1]
Deleted: shall become
Deleted: 13
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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, or Joint 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; 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;
Deleted: 5
Deleted: a
Deleted: Authority' s boundary.
Deleted: agreement
Deleted: member jurisdictions
Deleted: member( s).
Deleted: , including contracts with any Member
Deleted: Authority' s
Deleted: 5
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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;
l) 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;
Deleted:
Deleted: 5.1 herein
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Deleted: .
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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 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 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 Deleted: upon the Members
Deleted: In no event shall the Authority be authorized to exercise any power not expressly authorized.
Deleted: County
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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.
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 Moved ( insertion) [ 2]
Deleted: <#>If and to the extent the Authority exercises a power granted to it under this Agreement and the exercise of a like power by one or more Members within its or their boundaries would be inconsistent with or likely to interfere with the exercise of that power by the Authority, that
Member or those Members shall not exercise that power;
provided, however, that nothing in this Agreement shall limit a Member' s right or that of any commission, agency or other body or authority of any Member to adopt, amend or implement zoning, building, land use or safety ordinances, laws or regulations with respect to real estate located within its boundaries upon which a facility identified in Paragraph 5.1 and paragraph 52 (j) is or will be located.¶ Moved up [1]: <#>¶
SECTION
Deleted: <#>6.
Moved up [2]: <#>Boundaries.¶
Deleted: <#>The boundaries of the Authority shall be the boundaries of San Luis Obispo County. In the event a
member…
Deleted: <#>member. Section 6 shall not prevent any
facility identified in Paragraph 5.1 herein from being located outside the boundary of the Authority.
Deleted: 7
Deleted: Membership
Deleted: Membership
Deleted: County of San Luis Obispo and all
Deleted:
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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 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 Deleted: COUNTY and CITIES
Deleted: the member
Deleted: . Representatives to the Authority shall
consist of the five members of
Deleted: Board of Supervisors of the County of
San Luis Obispo and of one additional member
from the governing body of each incorporated
city within the boundaries of the County of San
Luis Obispo which is a party to this Agreement,
with each incorporated area being limited
Deleted: one representative.
Deleted: or
Deleted: be
Deleted: .
Deleted: <#>Member agencies may elect to have
an alternate member( s) in addition to any official
member, but said alternate shall be an elected
official and shall be able to vote only in the
absence of the official representative.¶
Deleted: <#>
Deleted: <#> Manager
Deleted: cities
Deleted: which may hereafter be incorporated
within the boundaries of the County of San Luis
Obispo and…
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of the Authority may do so by executing this Agreement
without prior 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
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.
Deleted: of
Deleted: and subsequent annual ratification
Deleted: established by the Board within the boundary of the Authority.…
Deleted: Member and to the California Integrated Waste
Management Board…
Deleted: -
Deleted: member agency representatives to the
Authority…
Deleted: -
Deleted: said
Deleted: as Chairman
Deleted: <#>Shall exercise general
supervision over all activities of said
Authority.¶
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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 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 Deleted: -
Deleted: Chairman
Deleted: in administering of the Authority
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Deleted: ¶
Manager.
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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 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.
Deleted: Manager
Deleted: and
Deleted: a Solid Waste Technical Advisory
Committee.…
Deleted: 8
Deleted: held shall be
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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.
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 fund derived from tipping fee surcharges and other sources as approved by the Board.
Deleted: Section 54956 of
Deleted: California
Deleted: Manager
Deleted: member
Deleted: voting
Deleted: representatives, including one COUNTY
representative. Each representative
Deleted: However, eight ( 8) affirmative votes shall be required for taking any action in the event any Member
demands such a vote. …
Deleted: representatives to the Authority
Deleted: to conduct
Deleted: ,
Deleted: Authority
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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 forthe 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 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.
Deleted: member agencies
Deleted: 5
Deleted: Manager
Deleted: but
Deleted: 5
Deleted: budgets
Deleted: 5
Deleted: Manager
Deleted: 5
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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.
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 Deleted: Member
Deleted: Members
Deleted: members
Deleted: Member' s
Deleted: Members'
Deleted: Member
Deleted: Members
Deleted: Member
Deleted: Members
Deleted:
Deleted: 9
Deleted: member agencies.
Deleted: Controller and Manager
Deleted: Member
Deleted: 5
Deleted: 9
Deleted: Member' s
Deleted: Member.¶
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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 AuditorController / 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.
11.2 Notwithstanding Sections 11.1 above, designation of the AuditorController / 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.
Deleted: the Public Utilities Code Section 99245
Deleted: :¶
Receive and receipt
Deleted: money of
Deleted: Authority
Deleted: place it in
Deleted: Treasury of San Luis Obispo County to
Deleted: credit of the Authority
Deleted: Be responsible for
Deleted: safekeeping and disbursement of all
Authority money held by him/ her. Pay any sums
due from the Authority, from Authority funds held
by him/ her or any portion thereof, upon warrants
of the Controller designated herein. ¶
Invest funds.¶
The Authority shall reimburse the Treasurer for
the actual cost of services rendered.¶
Controller. The
Deleted: of the County of San Luis Obispo shall
Deleted: the Controller for the Authority. The
Controller shall:¶
Draw warrants
Deleted: pay demands against the Authority
when the demands have been approved by the
Authority …
Deleted: and/ or the Manager. He/ She shall be
responsible on his/ her official bond for his/ her
approval of the disbursement of Authority money.¶
Keep and maintain records and books of accounts
including keeping separate sub accounts of tipping
fee surcharges and other revenues deposited into
the Solid Waste Authority Trust Fund and ...
Deleted: a certified public accountant or public ...
Deleted: <#>Verify and report in writing as soon ...
Deleted: 10
Deleted: 9
Deleted: insure
Deleted: joint use
Deleted: sole use facility
Deleted: Members
Deleted: joint use
Deleted: sole use facility
Deleted: Members
Deleted: Members.
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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 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 orfee shall be made solely by each Participating Agency with no Authority representations of any kind.
Deleted: 11
Deleted: to be charged
Deleted: the new
Deleted: identified in Paragraph 5.1 herein in amounts
sufficient to discharge all indebtedness and liabilities relating to agencies under contract to provide efficient operation of facilities,
Deleted: and
Deleted: of facilities ( including, without limitation, any Revenue Bonds issued in connection therewith), and to
accommodate the planning and
Deleted: activities required by the Act.
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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 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.
Deleted: 12
Deleted: Member
Deleted: Member
Deleted: Member
Deleted: Member
Deleted: Members
Deleted: Members
Deleted: Members
Deleted: Members
Deleted: Member
Deleted: Members
Deleted: Members
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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 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 Deleted: 13
Deleted: member
Deleted: city or county
Deleted: CITIES and COUNTY
Deleted: with 30 days
Deleted: member
Deleted: members
Deleted: members.
Deleted: 30 days
Deleted: member
Deleted: ¶
Deleted: party hereto
Deleted: its
Deleted: Authority, said entity
Deleted:
Deleted: to have voluntarily withdrawn
Deleted: COUNTY and CITIES
Deleted: Agreement
Deleted: .
Deleted: abolished
Deleted: member agencies