HomeMy WebLinkAboutMINUTES - 12101991 - IO.1 TO: BOARD OF SUPERVISORS
Contra
FROM:
Costa
INTERNAL OPERATIONS COMMITTEE County
�•.
DATE: °4spq-coun� cry
November- 18, 1991
SUBJECT: REPORT ON REQUESTS FROM THE SOLID WASTE COMMISSION AND FROM
THE INTEGRATED WASTE MANAGEMENT (AB 939) TASK FORCE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Abolish the , Solid Waste Commission effective December 31,
1991 .
2 . Adopt the attached Resolution revising and restating the
membership and manner of selecting members of the Integrated
Waste Management Plan Task Force.
3 . In adopting the attached Resolution, note that while a third
seat has been added representing the cities in
Central/Southwest County, one of these is to remain reserved
for the City of Concord. In the future, the Board will
agree to review the composition of the Task Force at the
time any additional city in the County reaches a population
of 100,000 . 1 In addition, note that a second seat has been
added representing the Board of Supervisors . This appears
justified on the basis of the attached waste generation
figures (which are stated in gross tons generated per year)
and 1990 population figures . Finally, we have proposed the
establishment of three year terms of office for members of
the Task Force, with staggered terms so that there will not
be a massive turnover in membership at one time in the
future.
4 . A. Accept the resignation of Doyle Williams as a public
member of the Integrated Waste Management Plan Task
Force.
B. Accept the resignation of Mario Aquilino as a solid
waste industry member of the Integrated Waste
Management Plan Task Force.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY R RECOMMENDATION OF BOARD COMMITTEE
APPROVE H
SIGNATURES: SUNNE WRIGHT McPEAK
ACTION OF BOARD ON ecember 1110, 1991 N, APPROVED AS RECOMMENDED y OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON Tig DATE SHOWN. 1
CC: please see Page 4 . ATTESTED / 0 /
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY 'DEPUTY
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C. Accept :„ the resignation of Avon Wilson as a
representative of the Central/Southwest cities on the
Integrated Waste Management Plan Task Force.
D. Accept the resignation of Nancy Parent as a
representative of the Eastern cities on the Integrated
Waste Management Plan Task Force.
5 . Establish terms of office and appoint members of the
Integrated Waste Management Plan Task Force to seats as
follows, effective January 1, 1992 : .
NAME TERM EXPIRING
Representing„ East County Cities:
VACANT December 31, 1992
The Honorable Dewey DeMartini December 31, 1993
Representing West County Cities:
The Honorable Rosemary Corbin December 31, 1994
The Honorable Gretchen Mariotti December 31, 1992
Representing;< Central/Southwest Cities :
The Honorable Susanna Schlendorf December 31, 1993
The Honorable Nancy Gore December 31, 1994*
VACANT December 31, 1992
*This seat is reserved for the City of Concord
Representing the West Contra Costa Sanitary District:
The Honorable Theodore R. Wooten December 31, 1993
Representing the Delta Diablo Sanitation District:
The Honorable Barbara Price December 31, 1994
Representinqthe Central Contra Costa Sanitary District:
The Honorable Susan McNulty Rainey December 31, 1992
Representing,, the Other Sanitary Districts in the County:
The Honorable John A. Pierce December 31, 1993
Representing! the Board of Supervisors :
VACANT December 31, 1994
The Honorable Nancy C. Fanden December 31, 1992
Representing the Contra Costa Mayors ' Conference:
The Honorable James J. Sweeny December 31, 1993
Representing the Public at Large:
Phil Green December 31, 1994
VACANT December 31, 1992
Roy V. Swearingen December 31, 1993
Solid Waste & Recycling Industry:
Ken Graunstadt December 31, 1994
VACANT December 31, 1992
-3-
Representing Environmental Organizations
Timothy P. Donahue December 31, 1993
Susan Kattchee December 31, 1994
Upon the expiration of the above terms of office, it is
understood that all subsequent appointments will be for a
three year term of office, expiring three years from the
above dates .
6 . Defer until January 7, 1992, appointment of a member of the
Board of Supervisors to fill the vacant second seat for the
Board of Supervisors, contingent on approval of the creation
of the second seat by the required number of cities .
7 . Direct the Community Development Director to forward the
attached Resolution to the Contra Costa Mayors ' Conference
and each city in the County, requesting that each City
Council consider adopting this same Resolution for the
purpose of approving the membership and manner of selecting
the members of the Integrated Waste Management Plan Task
Force.
8. Request the Community Development Director to forward this
report and the attached Resolution to those cities which
have vacancies or anticipate vacancies in the immediate
future and request that they advise the Board of Supervisors
of the process which will be used to fill vacancies and then
of the name of the individual they have chosen to fill the
existing vacancy.
9 . Request County Counsel to advise the Board of Supervisors on
how various organizations which are members of the
Integrated Waste Management Plan Task Force (such as the
Delta Diablo Sanitation District) can avoid violating the
requirement in the "Brown Act" regarding advance notice of
special meetings of the organization when a majority of the
members of the organization are also members of the
Integrated Waste Management Plan Task Force and may attend a
meeting of the Task Force at the same time, thereby
constituting a possible violation of the "Brown Act" .
10 . Direct the Community Development Director to advertise for
applications- from members of the general public for the
vacancy created by the resignation of Mr. Williams from the
Integrated Waste Management Plan Task Force and solicit
applications from representatives of the solid waste
industry, particularly in Central and West County, with the
understanding that a Statement of Economic Interests must be
completed, as required by the Board of Supervisors.
11 . Remove this item as a referral to our Committee.
BACKGROUND:
On September 24, 1991 the Board of Supervisors referred to our
Committee a unanimous recommendation from the Solid Waste
Commission that their Commission be abolished and a request from
the Integrated Waste Management Plan (AB 939) Task Force that
their membership be adjusted to reflect the fact that the Solid
Waste Commission had been abolished and to take into account
other changes in ,.the demographics of the County, both in terms of
population and the generation of solid waste. .
On November 18, . 1991, our Committee met with Avon Wilson, Ken
Graunstadt and Roy Swearingen from the Integrated Waste
Management Plan Task Force, along with Chuck Zahn, Belinda Smith
and Lillian Fujii from County staff.
-4-
Ms . Wilson pointed out that with the creation of the Board's
Environmental Affairs Committee and with most solid waste
planning issues now a part of the responsibility of the
Integrated Waste Management Plan Task Force, the Solid Waste
Commission felt that there was no reason for their continued
existence as a separate organization and therefore has voted to
ask the Board of Supervisors to abolish it.
With the approval of a recommendation that the Solid Waste
Commission be abolished, it is necessary to restructure and
revise the Resolution establishing the Integrated Waste
Management Plan Task Force. While the Resolution, which requires
approval by the Board of Supervisors and a majority of cities
representing a majority of the incorporated population in the
County, was being revised, a number of other changes were
recommended, which are highlighted on the attached draft
Resolution with deleted material being represented by
tttMt�� M and new material being represented by underlining.
Our Committee feels strongly that the Board of Supervisors
deserves a second seat on the Task Force, given that the cities
have eight seats and the County currently has only one seat. In
this regard, we have attached to this Committee Report data
showing the population for each city in the County and the
volumes of solid waste which are generated in each jurisdiction
(including the population and waste generation for the
unincorporated area of the County) so that we can determine
whether the membership being proposed for the Task Force fairly
represents both the population in the County and the volumes of
solid waste which are generated and which must be disposed of.
JURISDICTION POPULATION PER SEAT WASTE PER SEAT
Eastern Cities 57,378 54,466
Western Cities 84,379 144,397
Central/Southwest
Cities* 123,868 141,073
Unincorporated** 77,300 102,445
* Assumes three seats for the ten central/southwest cities
** Assumes two seats for the Board of Supervisors
It remains possible for the Delta Diablo Sanitation District and
perhaps other Joint Powers Agencies to have a majority of their
members present at a Task Force meeting. This can happen since
the East County cities have two seats and the Delta Diablo
Sanitation District has a seat, meaning that almost by definition
a majority of the member agencies of the Delta Diablo Sanitation
District (The County of Contra Costa, the City of Pittsburg and
the City of Antioch) will be present at Task Force meetings . We
are, therefore, asking County Counsel to advise the Board of
Supervisors of those steps which might be taken by these agencies
to avoid an inadvertent violation of the "Brown Act" .
cc: County Administrator
Director, G.M. & E.D. Agency
Community Development Director
County Counsel
Auditor-Controller
Solid Waste .Commission (Via CDD)
Integrated Waste Management Plan Task Force (Via CDD)
Contra Costa Mayors ' Conference (Via CDD)
Each City in Contra Costa County (Via CDD)
Each Sanitary/Sanitation District in Contra Costa County
(Via CDD)
THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
IN THE MATTER OF COMPOSITION ) _
OF THE INTEGRATED WASTE ) RESOLUTION 91/809,-,. .-
MANAGEMENT
1/809;. .MANAGEMENT PLAN TASK FORCE )
WHEREAS, AB 939 (Chapter 1095, Statutes of 1989) requires that
each city and the„ County prepare .and adopt a Source Reduction and
Recycling Element; on or before July 1, 1991 and that the County
compile these Source Reduction and Recycling Elements and a
county-wide Siting Element into a single document, the Integrated
Waste Management Plan; and
WHEREAS, to assist in coordinating the development of the city
Source Reductionic+and Recycling Elements and the Siting Element,
the County is charged with convening a Task Force, by March 1,
1990, whose membership shall be determined by the Board of
Supervisors and ; a majority of the cities within the County
containing a majority of the incorporated population; and
WHEREAS, Chapter 1095 specifically states that the Task Force may
include representatives of the solid waste industry,
environmental organizations, general public, special districts
and affected governmental agencies; and
WHEREAS, the recommended membership of the Task Force
acknowledges the - experience of the Solid Waste Commission in
dealing with solid waste matters at the same time as broadening
the representation in accordance with Chapter 1095 .
NOW, THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CONTRA COSTA RESOLVED that the County of Contra Costa
designates the membership of the Integrated Waste Management Plan
Task Force as follows :
Two members ,- representing and nominated by Eastern cities:
Antioch, Pittsburg, Brentwood
Two members ,- representing and nominated by Western cities :
E1 Cerrito, Hercules, Pinole, Richmond, San Pablo
Three members - representing and nominated by
Central/Southwest cities, with the understanding
that one of these seats is reserved for and
nominated solely by the City of Concord: Orinda,
Clayton, Concord, Walnut Creek, Lafayette,
Martinez, Moraga, Pleasant Hill, San Ramon,
Danville
One member representing and nominated by the West Contra
Costa Sanitary District
One member - representing and nominated by the Delta Diablo
Sanitation District
One member representing and nominated by the Central
Contra Costa Sanitary District
One member - representing and nominated by the other
sanitary districts : Byron, Mountain View,
Crockett-Valona, Oakley, Kensington Community
Services District, Rodeo
One member representing and nominated by the Contra Costa
Mayors ' Conference
Two members - representing the Board of Supervisors
Three members - representing the public
Two members '- representing the solid waste and recycling
industry
Two members ,, - representing environmental organizations
RESOLUTION NO. 91/809
AND BE IT FURTHER RESOLVED THAT, the process for selection of
those members representing public agencies shall be appointed by
appointment by the Board of Supervisors only upon nomination by
the representative organization(s) through a process specified by
those agencies and transmitted by each such agency in writing to
the Board of Supervisors .
AND BE IT FURTHER RESOLVED THAT, individuals representing cities
must be elected members of the City Council of one of the cities
the individual is representing on the Task Force. Individuals
representing sanitary/sanitation districts must be elected
members of the Governing Board of one of the Districts the
individual is representing. Individuals representing the Board
of Supervisors must be elected members of the Board of
Supervisors . Once an elected official leaves the office which
qualified the individual to represent the city, district or Board
of Supervisors, there shall be a vacancy on the Integrated Waste
Management Plan Task Force which shall be filled in the same
manner as is provided above.
AND BE IT FURTHER RESOLVED THAT, the Board of Supervisors and
cities in the County will agree to. review the composition of the
Task Force at the point that any additional city in the County
reaches a population of 100,000 with a view as to whether such a
city should have'' a permanent seat reserved for it as does the
City of Concord or whether the permanent seat for the City of
Concord should beeliminated at that point.
AND BE IT FURTHER RESOLVED THAT, the amendments to the membership
of the Integrated Waste Management Plan Task Force enacted by
this Resolution shall be effective following adoption by the
Board of Supervisors and by a majority of the cities within the
County containing a majority of the incorporated population of
the County.
PASSED AND ADOPTED ON December 10, 1991, by a unanimous vote of
the Board members present.
I hereby certify that the foregoing is a true and correct copy of
an order entered on the minutes of said Board of Supervisors on
the date aforesaid.
Witness my hand and the Seal of the
Board of Supervisors affixed this
10th day of December , 19 91 .
PHIL BATCHELOR, Clerk of the Board
of Supervisors and County Administrator
By
Deplu
Cle
RESOLUTION NO. 91/809
THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, CALIFORNIA
IN THE MATTER OF COMPOSITION )
OF THE INTEGRATED WASTE ) RESOLUTION 91/
MANAGEMENT PLAN °'' TASK FORCE )
WHEREAS, AB 939 `(Chapter 1095, Statutes of 1989) requires that
each city and the County prepare and adopt a Source Reduction and
Recycling Element on or before July 1, 1991 and that the County
compile these Source Reduction and Recycling Elements and a
county-wide Siting Element into a single document, the Integrated
Waste Management Plan; and
WHEREAS, to assist in coordinating the development of the city
Source Reduction and Recycling Elements and the Siting Element,
the County is charged with convening a Task Force, by March 1,
1990, whose membership shall be determined by the Board of
Supervisors and "'a majority of the cities within the County
containinq OUX a' majority of the incorporated population; and
WHEREAS, A01039 Chapter 1095 specifically states that the Task
Force may include representatives of the solid waste industry,
environmental organizations, general public, special districts
and affected governmental agencies; and
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WHEREAS, the recommended membership of the Task Force
acknowledges the experience of the Solid Waste Commission in
dealing with solid waste matters at the same time as broadening
the representation in accordance with p OZO Chapter 1095 .
NOW,. THEREFORE, BE IT BY THE BOARD OF SUPERVISORS OF THE COUNTY
OF CONTRA - COSTA RESOLVED that the County of Contra Costa
designates the membership of the Integrated Waste Management Plan
Task Force as follows :
Two members - representing and nominated by Eastern cities:
Antioch, Pittsburg, Brentwood
Two members `- representing and nominated by Western cities :
El Cerrito, Hercules, Pinole, Richmond, San Pablo
TOO Three members - representing and nominated by
Central/Southwest cities, with the understanding
that one of these seats is reserved for and
nominated solely by the City of Concord: Orinda,
Clayton, Concord, Walnut Creek, Lafayette,
Martinez, Moraga, Pleasant Hill, San Ramon,
Danville
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One member representing and nominated by the West Contra
Costa Sanitary District
One member 7 representing and nominated by the Delta Diablo
SAAUAtt Sanitation District
One member - representing and nominated by the Central
Contra Costa Sanitary District
One member - representing and nominated by the other
sanitary districts : Byron, Mountain View,
Crockett-Valona, Oakley, Kensington Community
Services District, Rodeo SAAUAtt
One member — representing and nominated by the Contra Costa
Mayors ' Conference
0Ad Two members - representing the Board of Supervisors
Three members - representing the public
Two members representing the solid waste and recycling
industry
Two members - representing environmental organizations
AND BE IT FURTHER RESOLVED THAT, t4j6 /fGd,(jItt /dX /01614ttA /0d0tA
tOOOZ 69 /thAt the process for selection of those
members representing public agencies shall be A006 At0d by
appointment by the Board of Supervisors only upon nomination by
the representative organization(s) through a process specified by
those agencies and transmitted by each such agency in writing to
the Board of Supervisors.
AND BE IT FURTHER RESOLVED THAT, individuals representing cities
must be elected members of the City Council of one of the cities
the individual is representing on the Task Force. Individuals
representing sanitary/sanitation districts must be elected
members of the Governing Board of one of the Districts the
individual is representing. Individuals representing the Board
of Supervisors must be elected members of the Board of
Supervisors . Once an elected official leaves the office which
qualified the individual to represent the city, district or Board
of Supervisors, there shall be a vacancy on the Integrated Waste
Management Plan Task Force which shall be filled in the same
manner as is provided above.
AND BE IT FURTHER RESOLVED THAT, the Board of Supervisors and
cities in the County will agree to review the composition of the
Task Force at the point that any additional city in the County
reaches a population of 100,000 with a view as to whether such a
city should have a permanent seat reserved for it as does the
City of Concord or whether the permanent seat for the City of
Concord should be eliminated at that point.
AND BE IT FURTHER RESOLVED THAT, the amendments to the membership
of the Integrated Waste Management Plan Task Force enacted by
this Resolution shall be effective following adoption by the
Board of Supervisors and by a majority of the cities within the
County containing a majority of the incorporated population of
the County.
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