HomeMy WebLinkAboutResolution 2021-071Ex hibit A to Resolution No.2021-071
SECOND AMENDMENT TO THE
SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT
AUTHORITY ("IWMA") JOINT POWERS AGREEMENT
This Second Amendment to the Joint Powers Agreement ("Second
Amendment") dated October 13, 2021, is made by and between the incorporated
cities of Arroyo Grande, Atascadero, El Paso de Robles, Grover Beach, Morro Bay,
Pismo Beach, and San Luis Obispo, hereinafter called "Cities," and the County of
San Luis Obispo, h ereinafter called "County.
RECITALS
WHEREAS, on May 10, 1994, an agreement was executed by and between
the Cities and the County forming a joint powers authority pursuant to the provisions
of the Joint Exercise of Powers Act (Government Code sections 650 0 et seq.), for the
purposes of facilitating the development of waste diversion programs and projects
and of providing economies of scale on a regional basis (hereinafter referred to as
the "JPA Agreement"); 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") (collectively "parties") amending the JPA
Agreement to include the Authorized Districts for representation on th e IWMA Board
("First Amendment to the JPA Agreement"); and
WHEREAS, Section 7.2 (b) of the JPA Agreement provides that
"representatives to the Authority shall consist of the five members of the 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 ... "; and
WHEREAS, Section 8.5 of the JPA Agreement provides that to establish a
quorum of the IWMA Board, there must be present a majority of representatives,
"including one COUNTY representative"; and
WHEREAS, on September 14, 2021, the County Board of Supervisors voted
to withdraw from the IWMA with an effective date of November 15, 2021; and
WHEREAS, to facilitate the continued operation of the IWMA Board of
Directors without the County as a member jurisdiction, this Second Amendment to
the JPA Agreement is necessary to (1) revise the representative members of the
IWMA Board of Directors to eliminate the participation of the County Board of
Supervisors; and (2) eliminate the requirement that a County representative is
required to establish a quorum of the IWMA Board.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Section 5.3 of the JPA Agr eement is amended and restated as follows:
Such powers shall be exercised subject only to the limitations set forth in
Ex hibit A to Resolution No.2021-071
this Agreement, applicable law and such restrictions upon the manner of
exercising such powers as are imposed by law upon the Members in the
exercise of similar powers. In no event shall the Authority be authorized to
exercise any power not expressly authorized. 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.
2. Section 7.2 (b) of the JPA Agreement is amended and restated as follows:
Representatives of the CITIES shall be appointed to serve on the Board in
accordance with procedures established by each of the governing bodies of
the member agencies. Representatives to the Authority shall consist of one
member from the governing body of each incorporated city with in the
boundaries of the County of San Luis Obispo which is a party to this
Agreement, with each incorporated area being limited to one representative.
Representatives shall serve so long as they hold office with their member
agency or until they shall res ign or be removed by a majority vote of their
member agency. Vacancies among representatives shall be filled in the
same manner as the first appointment.
3. Section 8.5 of the JPA Agreement is amended and restated as follows:
8.5 Quorum and voting. For purposes of conducting business, there shall be
present a quorum consisting of a majority of representatives . Each
representative shall have one vote. No action shall be effective without the
affirmative votes of a majority of those present. The representatives to the
Authority shall adopt such procedures as are consistent with this Agreement
and necessary to conduct the business of the Authority in an orderly manner.
4. All other terms and conditions of the JPA Agreement will remain in full force
and effect.
5. Effective Date. This Second Amendment shall become effective upon the
adoption and execution of all member agencies and the formal exit of the
County of San Luis Obispo from the IWMA.
IN WITNESS WHEREOF, the parties have each caused this Second
Amendment to the JPA to be executed by their duly authorized representative
effective upon the execution by all member agencies.
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_________________________
Date
Resolution No. __________________
CITY OF ATASCADERO
________________________________
Heather Moreno, Mayor
________________________________
Lara K. Christensen, City Clerk
APPROVED AS TO FORM AND LEGAL
By: _____________________________
City Attorney
2021-071
December 1, 2021