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HomeMy WebLinkAboutMINUTES - 02191985 - IO.1 J Yo: BOARD OF SUPERVISORS Contra FROM: Internal Operations Committee Costa DATE: February 11 , 1985 County SUBJECT: Composition and Duties of the Solid Waste Commission SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1 . Amend the Board's Order of April 27, 1976 establishing the Interim Policy Body on Solid Waste Management; the Board's Order of May 3, 1977 designating the Interim Policy Body as the Solid Waste Coordinating Body; and Resolution 77/796 dated September 27, 1977 designating the Solid Waste Coordinating Body as the Solid Waste Commission in order to reduce the size of the Commission from eleven to ten members by eliminating the seat currently designated for a representative from private industry dealing in' solid waste. 2. Direct the Solid Waste Commission in cooperation with its staff and County Counsel to prepare and submit to the Board for approval a Conflict of Interest code which will require completion of a Statement of Economic Interests for each member of the Solid Waste Commission designed to reveal any economic interests which could create a conflict of interest in considering or voting upon any matter coming before the Commission. 3. Direct the Solid Waste Commission to convene a meeting within the next two months consisting of members of the Solid Waste Commission, representatives of the city councils of each city in the County, representatives of the sanitary districts, members of the Board of Supervisors, and appropriate staff to each of the above organizations. The purpose of this meeting is to develop a presentation on the requirements relating to the adoption, administration, and impl.eulentation of the Solid Waste Management Plan under existing California law, a description of what Contra Costa County's goals should be in the area of solid waste management, and what actions are needed in order to accomplish those goals. 4. Authorize the Solid Waste Commission to restructure the Technical Advisory Committee in such a way as to provide the Commission with all of the technical expertise it needs to accomplish its responsibilities and which will insure meaningful input to the Commission from the solid waste collection and disposal industry. 5. Direct the Solid Waste Commission to review the Board Orders and Resolutions which established the Commission, and in particular Resolution 78/718 which approved the Bylaws of the Commission, in order to determine what changes the Commission would recommend in their Bylaws in order to more accurately reflect their current duties and responsibilities. 6. Encourage the Solid Waste Commission to take a leadership role in the management of solid waste in Contra Costa County and to feel free to express their views and make their recommendations known, as appropriate, to the Board of Supervisors, the cities and sanitary districts within the County. CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE _X APPROVE SIGNATURES) ToRTorlakson om Powe/s ACTION OF BOARD ON February 19. 1985 APPROVED AS RECOMMENDED X OTHER -2L-- APPROVED the recommendations as set forth above; also REQUESTED the County Administrator to prepare for the Chairwoman' s signature a letter to each of the cities within the County transmitting this report as well as explaining the cities' role in p articipat�ng andprovidin� input to the Commission. (Supervisor Schroder voted no explaining tha he believed the seat VOTE OF SUPERVISORS designated for a representative from private industry should be retained. ) UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE AYES: I .V. II NOES: III AND CORRECT COPY OF AN ACTION TAKEN ABSENT: IV ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. �p C CC: County Administrator ATTESTED -, �7y. Z1 s Cities Public Works Director PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR . - � I � M382/7-e9 BY DEPUTY -2- BACKGROUND: On November 27, 1984; the Board adopted -a'nbmber'of'1recdmmehdation's�-frb7 'the Internal Operations Committee requesting the Solid Waste Commissibn'to_'rec_onsider its current composition and return recommendations' on'a"number of issues: Staff to the Solid Waste Commission forwarded our Committee a memorandum dated December 24, 1984 sharing wisth"'our `Commi'ttee 'a number of concerns'whi-chf' had been discussed by the Commission and requesting clarification on these issues before the Commission made a report on the items contained in the November 27 Board Order. Our Committee met on February 11 , 1985 to review staff's December 24, 1984 summary of the Commission' s concerns. We were joined by Margaret DePriester, a member of the Solid Waste Commission, Everett Jenkins, representing the West County Mayors, and representatives from the city. of Concord, the Public Works Department, and the County Administrator' s Office. Councilwoman DePriester indicated her feeling, that the current composition of the Solid Waste Commission is fine and that the smaller cities in the County would have a problem with a Joint Powers Agency because of their concern that their input might be diluted in relation to the larger cities. Mr. Jerkins suggested that while a Joint Powers Agency might be a possibility, it might also be preferable to enlarge the Solid Waste Commission to include all franchising entities, including all cities and sanitary districts, even if the city currently delegates to a sanitary district their franchising responsibility. Supervisor Powers indicated his concern that current State law does not provide the Commission and the Board of. Supervisors with sufficient authority to deal effectively with the problems of solid waste and that a joint powers agency would only be effective if the cities and sanitary districts delegated to such an agency their franchising authority. Supervisor Powers also indicated his belief that the cities and County need to establish some goals and then decide what actions are needed. County Counsel reminded the Committee that the Board of Supervisors and City Councils are still responsible for adoption and amendment to the Solid Waste Plan and that this authority cannot and probably should not be delegated to a joint powers agency. Supervisor Powers noted that the Board of Supervisors and the cities cannot force implementation of the Plan even though they may have responsibility for adoption of the Plan. Supervisor Powers noted that the 1984 Internal Operations Committee had a concern with anyone serving on the Commission who might be in a position to benefit economically from the Commission's decisions. He expressed his belief that representatives of the solid waste industry should not serve on the Commission even if they were willing to file a Statement of Economic Interests. The Committee generally agreed that the Commission should continue to consist of elected, or public, representatives as long as they had no financial interest in the solid waste business. Following further discussion, our Committee formulated and agreed to recommend to the Board the above recommendations.