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Home My WebLink AboutReso 03-24 to Adopt IWMA Joinder AmendmentRESOLUTION NO. 03-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA ADOPTING 2023 COUNTY JOINDER AMENDMENT TO THE SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY THE CITY COUNCIL City of Morro Bay, California WHEREAS, on May 10, 1994, an agreement was executed by and between the incorporated cities of San Luis Obispo County ("Cities") and the County of San Luis Obispo, forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (Government Code sections 6500 et seq.), for the purpose of facilitating the development of waste diversion programs and projects that provide economies of scale without interfering with individual agencies' exercise of power within their own jurisdiction (hereinafter referred to as the "JPA Agreement"); and WHEREAS, pursuant to the JPA Agreement, the power to perform the responsibilities of the joint powers authority was vested in the San Luis Obispo County Integrated Waste Management Authority Board of Directors ("IWMA Board"); and WHEREAS, in or around 2001, a Memorandum of Agreement ("MOA") was executed by and between the Cities, the County of San Luis Obispo, and certain special districts within San Luis Obispo County that possessed solid waste authority ("Authorized Districts"), amending the JPA Agreement to include the Authorized Districts for representation on the IWMA Board, which MOA was replaced on execution of the Second Amended and Restated JPA Agreement; and WHEREAS, the IWMA Board of Directors directed IWMA staff that on the County of San Luis Obispo's approval to rejoin the IWMA, to circulate the 2023 County Joinder Amendment to the Second Amended and Restated JPA ("Joinder Amendment") to the Participating Agencies for approval (a true and correct copy of the 2023 County Joinder Amendment to JPA is attached hereto as Exhibit A), including among the Authorized Districts with representation on the Board through their designated representative; and WHEREAS, the JPA Agreement, as last amended, authorized amendments to the JPA Agreement on vote of a majority of the Members, and this resolution is intended to express the approval of Members and acknowledged agreement of all other Participating Agencies; and WHEREAS, the County wishes to join the Cities and the Authorized Districts (together "Participating Agencies") in confirming and conferring upon the IWMA as separate legal entity the powers necessary to enable them to achieve their waste diversion goals and to comply with the Integrated Waste Management Act, Assembly Bill 341, Assembly Bill 1826, Senate Bill 1383, and all current and future state -mandated laws, rules and regulations to the extent allowed by law and as provided in the JPA Agreement; and WHEREAS, the City Council of the City of Morro Bay desires to acknowledge, accept, and agree to be bound by the terms and conditions of the Joinder Amendment to the Second Amended and Restated JPA; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA, that the City Council acknowledges, accepts, and agrees to be bound by the terms and conditions of the Joinder Amendment to the Second Amended and Restated JPA upon approval as to form by the City Manager and City Attorneys' Office of any non -substantiative revisions. PASSED AND ADOPTED by the City Council of the City of Morro Bay at a regular meeting thereof held on the 911 day of January 2024 by the following vote: AYES: Wixom, Barton, Edwards, Ford, Landrum NOES: None ABSENT: None ABSTAIN: None RECUSE: None C-W I a CARLA WIXOM, Mayor ATTEST: QAIL0oP— [ ANA SWANSON, City Clerk 1 2023 COUNTY JOINDER AMENDMENT TO SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT OF THE INTEGRATED WASTE MANAGEMENT AUTHORITY This County Joinder Amendment (“County Joinder”), dated October 31, 2023, to the SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT (“2022 JPA Agreement”) is by and between the incorporated cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay, Pismo Beach, and San Luis Obispo, all being municipal corporations of the State of California and located within the boundaries of the County of San Luis Obispo, California (collectively, the “Cities”), and the County of San Luis Obispo, by its joinder herein. A. On or about May 10, 1994, an agreement was executed by and between the Cities and the County of San Luis Obispo forming a joint powers authority pursuant to the provisions of the Joint Exercise of Powers Act (the “Original JPA Agreement”), through which such member agencies created and established a public entity identified as the San Luis Obispo County Integrated Waste Management Authority (“IWMA”). B. On or around 2001, the Cities, County, and certain special districts within the County (“Authorized Districts”) executed a Memorandum of Agreement (“MOA”) amending the Original JPA Agreement to include the Authorized Districts for representation on the IWMA Board. C. On or about November 15, 2021, the County withdrew from the IWMA, after which the remaining Cities and Authorized Districts elected to reestablish and continue the IWMA, on the terms set forth in the Second Amended and Restated Joint Powers Agreement of the Integrated Waste Management Authority, which was adopted by the participating agencies in 2022 (“2022 JPA Agreement”). D. On or about October 31, 2023, the County officially elected to rejoin the IWMA, including on the terms set forth the 2022 JPA Agreement, as amended hereby. Based on the foregoing, the Cities, Authorized Districts, including the County through its joinder, hereby agree to the following amendments to the 2022 JPA Agreement reflecting the County’s joinder. 1. Title Amendment and List of Participating Agencies Attachment. The Title of the 2022 JPA shall be amended to read “Second Amended and Restated Joint Powers Agreement to Establish an Integrated Waste Management Authority.” The List of Participating Agencies attached to the 2022 JPA Agreement is replaced with the list attached to this Joinder Amendment. 2. Definitions. Section 1, entitled, “Definitions” shall be amended to include the following new definitions or amended definitions. A. County shall be added as a definition. “County” means any unincorporated areas of the County of San Luis Obispo. B. The following referenced definitions replace those of the same number in the 2022 JPA Agreement in their entirety. “1.17 “Members” means the Cities and the County who are members of this regional agency, formed pursuant to Public Resources Code section 40970 et seq, and the one (1) Authorized District Representative pursuant to Public Resources Code section 40977.” 2 “1.18 “Participating Agency” or “Participating Agencies” means and shall include the Cities, the County and the Authorized Districts who are signatories to this Agreement, including by way of joinder, delegating powers to the Authority pursuant to this Agreement, and participating in the governance of the IWMA.” C. Notwithstanding the foregoing, the definition of “MRF”, was inadvertently included within the definition of “Members”, in the 2022 JPA Agreement, and such definition shall remain the definition of “MRF” and is not deleted. 3. Section 8, entitled “Boundaries” is amended and restated in its entirety to read: “Section 8. Boundaries. The boundaries of the Authority shall be the boundaries of the collective Participating Agencies. If a Participating Agency withdraws from the Authority, the boundaries shall be modified to exclude the area of the withdrawing agency. If a qualified agency joins the Authority, the boundaries shall be modified to include the area of the joining Participating Agency. Section 8 shall not prevent the Authority’s use and/or operation of facilities outside of its boundaries within the County of San Luis Obispo.” 4. Section 9, entitled “Organization” shall be amended as follows: A. A new paragraph (g) is added to Section 9.2 Participating Agencies to read: “(g) County. The County shall be entitled to appoint one representative to the Authority which representative shall consist of one (1) member from the Board of Supervisors. The County may elect to have an alternate member from the Board of Supervisors in addition to any official member but said appointed alternate shall be able to vote only in the absence of the official representative.” B. Section 9.4(b) entitled “Officers” is replaced with the following: “(b) Both the President and Vice President of the Board shall be elected each year at a meeting set for such purpose.” 5. County Joinder. The County hereby joins the IWMA pursuant to the terms and conditions in the 2022 JPA Agreement as amended hereby, and the undersigned hereby consent. 6. Omnibus Change. Wherever references to “Cities” is used or “Cities and Authorized Districts”, are used in the 2022 JPA Agreement, including in its recitals, such references shall expressly be read to include the County unless context expressly dictates otherwise. 7. Ratification. The 2022 JPA Agreement is hereby ratified and confirmed and shall continue in full force and effect in accordance with its terms and provisions, as amended hereby. 8. Effective Date. This Joinder Amendment shall take effect when adopted by each of the Cities, the County, with the Authorized Districts consenting to the joinder of the County, as evidenced by their execution pursuant to resolutions of such governing bodies authorizing such execution and shall remain in full force and effect until dissolved pursuant to the provisions herein. This Joinder Amendment may be executed in counterparts which together shall constitute a single agreement. Electronically executed signatures may be accepted in lieu of originals if a Member agency has authorized electronic signatures through policy or otherwise. 3 LIST OF PARTICIPATING AGENCIES CITIES Arroyo Grande Atascadero El Paso de Robles Grover Beach Morro Bay Pismo Beach San Luis Obispo COUNTY The County of San Luis Obispo AUTHORIZED DISTRICTS Avila Beach CSD California Valley CSD Cambria CSD Cayucos Sanitary District Ground Squirrel Hollow CSD Heritage Ranch CSD Los Osos CSD Nipomo CSD Oceano CSD San Miguel CSD San Simeon CSD Templeton CSD [Participating Agency Signature Pages Follow] 4 CITY OF MORRO BAY By: _______________________________ Date: ____________________ Carla Wixom, Mayor ATTEST __________________________________ Resolution No. 03-24 Dana Swanson, City Clerk APPROVED AS TO FORM AND LEGAL EFFECT __________________________________ Chris Neumeyer, City Attorney Chris Neumeyer (Jan 11, 2024 16:58 PST) Chris Neumeyer Carla Wixom (Jan 11, 2024 18:16 PST) Carla Wixom Jan 11, 2024 Dana Swanson (Jan 16, 2024 08:29 PST) Dana Swanson IWMA Joinder Amendment with County_2023 Final Audit Report 2024-01-16 Created:2024-01-12 By:Heather Goodwin (hgoodwin@morrobayca.gov) Status:Signed Transaction ID:CBJCHBCAABAA1BiNYhuLeh_LpbTJgHAo6zZwa4NMphyr "IWMA Joinder Amendment with County_2023" History Document created by Heather Goodwin (hgoodwin@morrobayca.gov) 2024-01-12 - 0:19:09 AM GMT Document emailed to cneumeyer@awattorneys.com for signature 2024-01-12 - 0:20:01 AM GMT Email viewed by cneumeyer@awattorneys.com 2024-01-12 - 0:55:19 AM GMT Signer cneumeyer@awattorneys.com entered name at signing as Chris Neumeyer 2024-01-12 - 0:58:21 AM GMT Document e-signed by Chris Neumeyer (cneumeyer@awattorneys.com) Signature Date: 2024-01-12 - 0:58:23 AM GMT - Time Source: server Document emailed to cwixom@morrobayca.gov for signature 2024-01-12 - 0:58:24 AM GMT Email viewed by cwixom@morrobayca.gov 2024-01-12 - 2:15:46 AM GMT Signer cwixom@morrobayca.gov entered name at signing as Carla Wixom 2024-01-12 - 2:16:25 AM GMT Document e-signed by Carla Wixom (cwixom@morrobayca.gov) Signature Date: 2024-01-12 - 2:16:27 AM GMT - Time Source: server Document emailed to Dana Swanson (dswanson@morrobayca.gov) for signature 2024-01-12 - 2:16:28 AM GMT Email viewed by Dana Swanson (dswanson@morrobayca.gov) 2024-01-16 - 4:29:41 PM GMT Document e-signed by Dana Swanson (dswanson@morrobayca.gov) Signature Date: 2024-01-16 - 4:29:55 PM GMT - Time Source: server Agreement completed. 2024-01-16 - 4:29:55 PM GMT