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6.C. - Page 18 of 57 <br />March 18, 2020 <br />VIA E-MAIL AND U.S. MAIL <br />Joe La Mariana <br />Executive Director <br />South Bayside Waste Management Authority <br />610 Elm Street, Suite 202 <br />San Carios, CA 94070 <br />E -Mail: jlamariana Drethinkwaste,org <br />ATTACHMENT 1 <br />Town of Atherton <br />Office of the City Manager <br />150 Watkins Avenin <br />Atherton, California 94027 <br />Phone: (650) 752-0500 <br />Fax: (650) 614-1212 <br />Re: Town of Atherton's Notice of Withdrawal from SBWMA JPA <br />Dear Director La Mariana <br />This letter is to notify you that the Town of Atherton ("Atherton" or "Town") is considering <br />withdrawal from the South Bayside Waste Management Authority ("SBWMA" or "JPA")_ The Town <br />is principally concerned that the JPA's work no longer aligns with the needs and demands of the <br />Town's residents, so it is exploring alternative options for waste management. <br />The general rules of govemance for SBWMA are laid out in the Second Amended and Restated <br />Joint Exercise of Powers Agreement dated June 19, 2013 ("JPA Agreement"). Therein, and as <br />discussed below, Article 15 -- Withdrawaf from SBWMA provides certain procedures to withdraw <br />from the JPA: <br />15.1 Withdrawal Conditions. A Member may not withdraw from the SBWMA untess and <br />until that Member achieves the following: <br />a_ The iiguidation in full of its proportion of any and all existing debts, obligations, and <br />liabilities incurred, earned, or expected to be earned by the date of withdrawal, <br />including but not limited to the Revenue Bonds, as determined by the Board. <br />b. The provision to the SBWMA of a written notice of intent to withdraw from the <br />SBWMA at least six (6) months prior to the end of the current Rate Year, specifying <br />the date on which the member intends to withdraw. <br />c. Approval of such withdrawal by a 4/5 affirmative vote of Equity Members. <br />Notice of intent to withdraw is due to the Board at least six (6) months before the end of a rate <br />year_ (JPA Agreement, Section 15.1(b).) A rate year, as defined in the JPA Agreement, ends on <br />December 31 so notice must be provided by the end of June in the member's final rate year. This <br />Page 1 of 4 <br />1431794.4 14537-002 <br />49 <br />