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HomeMy WebLinkAboutMINUTES - 03011994 - IO.3 TO: BOARD OF SUPERVISORS I .O.-3 5 L Contra FROM: INTERNAL OPERATIONS COMMITTEE Costa oil' S ll County February 14 1994 �'• ; DATE: / osr�-cou+`- SUBJECT: CHANGES IN THE STRUCTURE OF AND APPOINTMENTS TO THE HAZARDOUS MATERIALS COMMISSION SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION . RECOMMENDATIONS: 1 . ABOLISH the seat on the Hazardous Materials Commission currently held by Supervisor Sunne Wright McPeak, thereby reducing the number of seats the Board of Supervisors has on the Commission from two to one. .2 . ACKNOWLEDGE the* appointment by the Mayors ' Conference of Pinole City Councilwoman Maria Alegria to the city seat previously held by Byron Campbell on the Hazardous Materials Commission. 3 . ACKNOWLEDGE the resignation of Richmond Mayor Rosemary Corbin from one of the city seats on. the Hazardous Materials Commission. 4 . TRANSFER Pinole City Councilwoman Maria Alegria to the city seat previously held . by Mayor Corbin on the Hazardous Materials Commission. 5 . ABOLISH the seat on the Hazardous Materials . Commission previously held by Councilwoman Alegria, the term of which expired December, 31, 1993, thereby reducing the number of seats the Mayors.' Conference has on the Commission from three to two. 6 . DIRECT the County Administrator to request that the Mayors ' Conference appoint an alternate to its two seats on the Hazardous Materials Commission, replacing former Martinez city councilman Jeff Smith. CONTINUED ON ATTACHMENT: YES SIGNATURE: RECOMMENDATION F COUNTY DM'NIST TOR RECOMMENDATION OF BOARD COMMITTEE APPROVE O E SIGNATURE S ACTION OF BOARD ONAPPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS y 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 OON^THE �DATE SHOWN. q ATTESTED ^' •�' ' } ' Contact: PHIL BATCHELOR,CLERK OF THE BOARD OF CC: County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR Health Services Director Executive Assistant to the Hazardous Mate als Commi io Contra Costa Mayors ' Conference (V$b,� L—`-^ ,DEPUTY I .O.-3 -2- 7 . ABOLISH the seat on the Hazardous Materials Commission previously designated for a representative of the Integrated Waste Management Task Force. 8 . ABOLISH the non-voting seat on the Hazardous Materials Commission previously designated for a representative from the Central Contra Costa Sanitary District. 9 . ACCEPT the resignation of June Bulman as the alternate to the League of Women Voters seat on the Hazardous Materials Commission. . 10 . APPOINT Paul Kilkenny as the alternate to the League of Women Voters seat on the Hazardous Materials Commission, for a term expiring December 31, 1996 . 11 . DIRECT the Health Services Director to publicly recruit for the following seats on the Hazardous Materials Commission, the terms of which expired December 31, 1993 : ✓ The Business seat held by Scott Anderson ✓ The alternate to the Business seat held by Scott Anderson ✓ The Environmental Organization seat held by Luc Beauchemin ✓ The alternate to the Environmental Organization seats ✓ The Environmental Engineering seat held by Tom Lindemuth ✓ The alternate to the Environmental Engineering seat held by Tom Lindemuth 12 . REQUEST the Hazardous Materials Commission to undertake such interviewing and ranking of applicants as it wishes and then to forward to the Internal Operations Committee all applications, along with whatever recommendations the Commission wishes to provide to the Internal Operations Commission. 13 . AUTHORIZE the Internal Operations Committee the undertake whatever screening and interviewing it deems appropriate and to make recommendations to the Board of Supervisors to fill the vacancies identified in Recommendation #11 above. 14 . APPOINT Supervisor Gayle Bishop as the Board' s representative to the ABAG Hazardous Waste Capacity Allocation Committee, replacing Supervisor Sunne Wright McPeak. 15 . REQUEST the Hazardous Materials Commission to consider the wisdom and feasibility of appointing three additional members to the Commission representing the communities and neighborhoods most impacted by the proximity of industrial plants which use hazardous materials and generate hazardous wastes, respectively representing the West, Central and East areas of the County and report their recommendations to the Board of Supervisors . I .O.-3 -3- BACKGROUND: The Hazardous Materials Commission currently consists of 15 voting members and one non-voting seat, as follows : • 2 members of the Board of Supervisors • 3 representatives from cities, appointed by the City Selection Committee (Contra Costa Mayors ' Conference) • 2 representatives from business • 2 representatives from environmental organizations • 1 representative from the Integrated Waste Management Task Force • 1 representative from taxpayers • 1 representative of the Diablo Valley League of Women Voters • 1 representative from labor • 1 representative from environmental engineering firms in Contra Costa County • 1 representative from the general public • 1 representative from the Central Sanitary District (non-voting) The terms of one of the city seats, one of the business seats, one of the alternates to the business seats, one of the environmental seats, one of the alternates to the environmental organization seats, and the environmental engineering seat expired December 31, 1993 . In addition, the term of the seat for a representative from the Integrated Waste Management Task Force expired December 31, 1992 . The Hazardous Materials Commission has recommended that the size of the Commission be reduced from 15 voting members to 12 voting members by eliminating one city seat, one Board of Supervisors seat and the seat for the Integrated Waste Management Task Force, which is no longer functioning. In addition, the Central Sanitary District has asked that its non-voting seat be eliminated. Reducing the size of the Commission in this manner will make it easier to establish a quorum, since it has been difficult to get all of the elected officials to all of the Commission meetings . In addition, there has been no broad recruitment in the past for individuals and organizations which are interested in serving in the business, environmental organization and environmental engineering seats on the Commission. The Commission is recommending that a broad recruitment be undertaken in order to insure that all interested individuals and organizations have an opportunity to be considered for these seats . We are, therefore making the above recommendation in order to reduce the size of the Commission and open the recruitment for the business, environmental organization and environmental engineering seats on the Commission. We are, however, also asking the Commission to consider adding three seats for residents of the communities most impacted by hazardous materials and hazardous waste, one each in the West, Central and East areas of the County. We are asking that the Commission return to the Board of Supervisors with their comments and recommendations on this request. Finally, we are recommending that Supervisor Bishop, who is the Board's representative on the Commission, also be appointed to replace Supervisor McPeak on ABAG's Hazardous Waste Capacity Allocation Committee, which is responsible for working with all counties and cities in the ABAG region on how hazardous wastes which are generated in this region will be treated and disposed of, including determining which counties will be responsible for insuring the availability of various types of treatment and disposal technology. 1 O.3 L Health Services Department ��• �E -oma OFFICE OF THE DIRECTOR ' - Administrative Offices 20 Allen Street t'1Martinez,California 94553-3191 Phone: (510) •• 1� Fax: (510)370-5098 OOsrA Co DATE: February 14, 1994 TO: IO Committee FROM: Hazardous Materials Commission by: Barbara Masters, Executive Assi ant SUBJECT: Structure of Hazardous Materials Commission, Process Used to Appoint Members, and Appointment to the ABAG Hazardous Waste Committee The Grand Jury report of February 1993 raised the issue of whether the Hazardous Materials Commission,with its current size and composition, provides balanced and diverse representation of the county. The Operations Committee of the Commission studied this issue and concluded that the overall composition provided balanced representation of government, industry and the public. However, it also concluded that it would be preferable for the Commission to be downsized to reach an optimal size for an active working group, including being able to maintain a quorum. At the same time, the Committee recognized that ensuring that the public has an opportunity to serve on the Commission and participate in its work is the most important issue. The appointment process needs to be as open and well publicized as possible. For example, with a third of the members' terms expiring each year, notice should be made inviting people to apply for those positions, so that the process encourages participation and people are not being left out. This would also be a way to gauge what the public interest is to determine if the Commission's composition needs to be further modified. On December 8, 1993, the Hazardous Materials Commission unanimously recommended reducing the size of the Commission by eliminating the following_positions: One member of the Board of Supervisors One City Council representative Integrated Waste Management Board representative (defunct) In addition, the Commission accepted the resignation of the Sanitary Districts as a non- voting member of the Commission A-345A (4,92) Contra Costa County The Commission would have 12 members with the following composition: 1 Board of Supervisors 2 City Council 2 Environmental Organizations 2 Business 1 Labor 1 Environmental Engineering 1 League of Women Voters 1 Taxpayers 1 General Public Since most of the Commission's votes are unanimous and there are often at least one Commission member absent, an even-number of members was not a concern to the Commission. On December 8, 1993, the Commission also unanimously recommended that notice of all seats that are open, even if the current member is interested in being reappointed,be widely circulated, particularly to organizations (environmental, community, and industry) for nominations. The third issue for the Internal Operations Committee's consideration concerns representation from the Board of Supervisors to the ABAG Capacity Allocation Committee., The Committee is responsible for developing and implementing the Interjurisdictional Agreement (IJA) concerning siting of hazardous waste facilities. There is one County and one City representative from each of the nine Bay Area counties on the Committee. Contra Costa has taken a leadership role on this Committee in developing the IJA. Supervisor McPeak, as one of the Board members on the Hazardous Materials Commission, has been the County representative to the Committee. A new appointment will be needed. / AMCentra! Contra Costa Sanitary District 15019 Imhoff Place, Martinez. Califomia 94553-4392 (510) •90 ROGER J.DOLIV General+lartaoer Chief Engineer KEATOA'L..-1LM August 20 1993 counsel the District , 15151 01 938-1430 JOYCE E.%l('RPM' Secretary of the District Mr. Paul DeFalco, Jr. Chairman, Hazardous Materials Commission 117 Natalie Drive Moraga, CA 94596 Dear Paul: HAZARDOUS MATERIALS COMMISSION MEMBERSHIP It is with regret that I inform you that the County Sanitary Agencies wish to withdraw our associate membership representation on the Hazardous Materials Commission. Over the last several years we have been involved in several Commission projects, and have enjoyed our association with you and other Commission members as well as County staff. Indeed, some of the Commission members have agreed to sit on an advisory panel for our Residential Metals Study, and I look forward to that continued relationship. With this resignation, it is not our intent to withdraw from areas of mutual interest with the County on hazardous materials and health issues. I am sending a letter to Dr. Walker requesting that we begin meeting regularly with his staff to discuss areas of mutual interest and how we can work cooperatively. Thank you for the opportunity over the years to give the sanitary agencies a voice in the Commission's activities. I look forward to meeting more fregtlently with Count; Health staff and hope to see you and other Commission members in the future. If you need our input on any future matters, we would be happy to provide it. J Sincerely, X, Barton L. Brandenburg �E Source Control Superintendent BLB/vh cc: County Sanitary Agencies I - PED/ClEngrBart/Defalcol ®Recycled Paper TD = BOARD OF SUPERV.-ORS Ph_T Batchelor Cb Itra County Administrator C40OSt DATE* October 8, 1986 C SUBJECT: Formation of a Hazardous Materials Commission SPECIFIC REQUEST(S) OR RECOIIIENDATION(S) 6 BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Create a Hazardous Materials Commission consisting of the following representatives: 2 - Members of the Board of Supervisors to be selected by majority vote of the Board; 3 - Representatives of cities to be appointed by the City Selection Committee pursuant to Article it of Chapter 1, of Part 1 of Division I of Title 5 of the Government Code; 2 - Representatives of business, to be nominated by industrial associations, screened by the Internal Operations Committee, and appointed by the Board of Supervisors; 2 - Representatives of environmental organizations, to be nominated by those organizations, screened by the Internal Operations Committee, and appointed by the Board of Supervisors; 1 - Representative of the Solid waste Commission nominated by the Commission and appointed by the Board of Supervisors; 1 - Representative of taxpayers in the County, to be recommended by the Internal Operations Committee and appointed by the Board of Supervisors; 1 - Representative of the Diablo Valley League of Women Voters nominated by the League and appointed by the Board of Supervisors; 1 - Labor representative to be nominated by labor organiza- tions, screened by the Internal Operations Committee, and appointed by the Board of Supervisors;CONTINUED ON ATTACHMENT: _ YES SIGNATURE; //��m7u ela" /i'TN� RECOMMENDATION OF COUNTY ADMINISTRATOR - RECOMMENDATION OF BOARD COMMITTEE APPROVE /�`',o/�,,'�!_ OTHER 5u� S 1 r.NATURE 1S 1: t,/G..W(�'�C Ze a& ACTION OF BOARD ON n[*fl er 14- 1QRFi APPROVED AS RECOMMENDED X OTHER VOTE OF $LPCVIBORS 1 HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS (ASSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES'. IDES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN' OF SUPERVISORS ON THE DATE sHo%m. cc: Listed on Page 4 ATTESTED /A/ PHIL BATCHELOR, CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR M382/7-83 BY DEPUTY Page 2 1 - Representative of environmental engineering firms located in Contra Costa County nominated by such firms, screened by the Internal Operations Committee, and appointed by the Board of Supervisors; 1 - Representative of the general public, specifically Mr. Paul De Falco, Jr. 2. Authorize the County Administrator to solicit nominations from the organizations noted above and report the nominations to the Board for final consideration. 3. Authorize the County Administrator to determine the staffing needs for the Commission and make appropriate recommendations to the Board of Supervisors. 4. Charge the Commission with the following tasks: A. To draft a detailed hazardous waste management plan, including at least the following information: (1) the generator I.D. numbers of all generators in the County and SIC codes; (2) the permit status of each generator and TSD facility; (3) the total amount and type of each wastestream sent to TSDF's or handled on-site; (4) the management method for each stream (including treatment); (5) the county from which "out-of-county" waste originated; (6) an assessment of commercial and on-site TSDF capacity, future plans, and any projected shortfalls in capacity for handling county waste; (7) a review of future plans for facilities outside the County (which accept a large portion of the County's waste); (8) a summary of imports to and exports from the County; (9) an inventory of existing recycling operations (types, amounts, and capacity); and (10) a description by the commission of who monitors the plan, how often monitoring will occur, and what is to be included. B. To draft a County Hazardous Materials Storage and Transportation Plan for consideration by the Board of Supervisors. C. To draft a County Hazardous Materials storage and Transportation Management Ordinance for consideration by the Board of Supervisors. D. To coordinate the implementation of AB 2185 (Chapter 1184, Statutes of 1985) with the other recommendations of the Task Force. Page 3 E. To address the economic effects of implementing these recommendations. F. To further develop the recommendations involving hazardous materials issues which should include obtaining broad public input. G. To insure management coordination of all aspects of the storage or transportation of hazardous materials and the genera*:on, storage, transportation, treatment, and disposal of hazardous waste. and the charges outlined in Health and Safety Code Section 25135.2(b) as added by AB 2948 (Chapter 1504, Statutes of 1986). 5. Authorize the Commission to recommend further charges for consideration by the Board of Supervisors, or to recommend changes in the existing charges to the Commission for consideration by the Board of Supervisors. 6. Direct the County Administrator, or his designee, to convene the initial meeting of the Commission until such time as the Commission is able to select a Chairperson. 7. Designate the Commission to serve as the Advisory Committee required by Health and Safety Code Section 25135.2 as added by AB 2948 (Chapter 1504, Statutes of 1986) . 8. Direct all County departments to cooperate fully with the work of the Commission. BACKGROUND: One of the recommendations made to the Board of Supervisors by its Hazardous Waste Task Force called for the creation of a Hazardous Materials Commission. The Task Force also recommended specific tasks for which the Commission should be responsible. These are outlined in recommendation No. 4 above. The Board of Supervisors approved the Task Force's recommendation and directed this office to outline the steps needed to implement this and other recommendations of the Task Force. On August 12, 1986, the Board of Supervisors also agreed to the general parameters for the size and composition of the Commission. The Board's intent was that the Commission be formed in such a way as to comply with the provisions of Assemblywoman Tanner's AB 2948 in case the bill was passed and signed by the Governor. AB 2948 was passed by the Legislature and was signed by the Governor on September 30, 1986. It has been chaptered as Chapter 1504, Statutes of 1986. AB 2948 requires each county to establish an advisory committee of at least seven (7) members to assist the county in the preparation and administration of the county Hazardous Waste Management Plan which the county is authorized to prepare by AB 2948 as the alternative to the hazardous waste portion of the Solid Waste Management Plan. We believe the composition recommended for the Hazardous Materials Commission satisfies the requirements of AB 2948. In making the above recommendations we have solicited input from various individuals who were members of the Hazardous Waste Task Force as well as affected County staff. The above recommendations reflect a general consensus of those views. Page 4 The cost of the planning requirements in AB 2948 are to be funded with $10 million, which is included in the bill as an appropriation from the settlement funds received by the State pursuant to the Outer Continental Shelf Lands Act and which is appropriated to the Hazardous waste Management Planning' Subaccount in the Hazardous Waste Control Account. We believe that some, if not all, of the costs of the Hazardous Materials Commission can be reimbursed through this source of funding. cc: County Administrator County Counsel Health Services Director Director, Emergency Services Office Director, Community Development Chief, Consolidated Fire District Nominating Entities (via CAO) CONTRA COSTA COUNTY HAZARDOUS MATERIAL COMMISSION MEMBERSHIP ROSTER (AUGUST 1993) REPRESENTATIVE MEMBER (ALTERNATE) TERM EXPIRATION City, #I Mike Shimansky December 31, 1994 City, #2 Rosemary Corbin December 31, 1995 (Aldo Guidotti) City, #3 Maria Alegria December 31, 1993 Integrated Waste Vacant December 31, 1996 Management Task Force Board of Supervisors, #1 Sunne McPeak December 31, 1996 (Tom Powers) Board of Supervisors, #2 Gayle Bishop December 31, 1994 (Tom Powers) Business, #1 Pete Williams December 31, 1995 (Richard Hallford) Business, #2 Scott Anderson December 31, 1993 (Joseph Griebstein) Environmental Henry Clark December 31, 1995 Organization, #1 Environmental Luc Beauchemin December 31, 1993 Organization, #2 (Sabiha Gokcen) General Public Paul DeFalco December 31, 1994 (Bryant Fischback) Labor Dick Fleming December 31, 1995 League of Women Voters Leslie Stewart December 31, 1996 (Paul Kilkenny) Taxpayers Vacant December 31, 1996 (Don Joost) Environmental Tom Lindemuth December 31, 1993 Engineering Firm (Martha Kohler) Sanitary Districts David Williams NO EXPIRATION DATE (Non-voting member) (Bart Brandenberg)