HomeMy WebLinkAboutMINUTES - 03071995 - 2.2 TO: BOARD OF SUPERVISORS Contra
�' .
Phil' Batchelor, County Administrator ;/ . . Costa
FROM: L
County
March 1 1995 �To
DATE: fT+coii+�
SUBJECT: BOARD APPOINTEES TO THE ABAG HAZARDOUS WASTE CAPACITY ALLOCATION
COMMITTEE
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
CLARIFY who the Board's appointee and alternate are to the ABAG
Hazardous Waste Capacity Allocation Committee.
BACKGROUND:
There has apparently been some confusion in terms of appointments
made to what appear to be two ABAG Committees, according to the
Board' s January 10, 1995 Order making appointments to Committees
and Regional Organizations .
The January 10, 1995 Board Order reflects the appointment of
Supervisor Bishop to the "Capacity Allocation Committee" and of
Supervisor Rogers to the Hazardous Waste Management Facility Siting
Committee" , with Supervisor Smith as Supervisor Roger' s alternate.
The Executive Director of ABAG has indicated that there is
apparently some confusion, because these are, in fact, one and the
same committee, named the Hazardous Waste Capacity Allocation
Committee. At this point ABAG understands that Supervisor Bishop
is the' Board' s appointee to this Committee and that Supervisor
Smith is her alternate.
If this is the Board' s intent, then the Board Order of January 10,
1995 should be amended to combine these two entries and reflect the
fact that Supervisor Bishop is the Board' s appointee and that
Supervisor Smith is her alternate. Otherwise, the Board needs to
clarify who their appointee and alternate are.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
XAPPROVE OTHER
SIGNATURE(S):&&�/ /��
ACTION OF BOARD ON Ma rrh 7 1995 APPROVED AS RECOMMENDED X OTHER
IT IS BY THE BOARD ORDERED that it is CLARIFIED that Supervisor Bibhop;islthe
Board's appointee to the ABAG HA'2ard6us Waste-Capacity Allocation Committee and
Supervisor Smith is the alternate.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
County Administrator
Supervisor Bishop ATTESTED March 7, 1995
Contact: Supervisor Smith PHIL BATCHELOR,CLERK OF THE BOARD OF
cc: Supervisor Rogers SUPERVISORS AND COUNTY ADMINISTRATOR
Revan A.F. Tranter, Executive Director, ABAG _
Health Services Director
Elinor Blake, Executive AssistantB ,DEPUTY
Hazardous Materials Commission
OABAG
ASSOCIATION OF BAY AREA GOVERNMENTS
Mailing Address: ■ P.O. Box 2050 ■ Oakland,CA 94604-2050 ® RA COSTA )!1°
January 27, 1995
IRECEI ED
P
Claude L.Van Marter
Assistant County-Administrator JAN -� 0 1Q9
Contra Costa County
651 Pine Street, 11th Floor 1 OFFICE OF
Martinez,CA 94553-1229 COUNTY ADMINISTRATOR
Dear Claude:
Thank you for your letter of January 18,concerning appointments to regional bodies. My
response is intended to confirm in writing what we discussed by telephone.
Hazardous Waste. There is only one committee, not two. Legally speaking, it is not ABAG's,
having been created by MOU in 1990(copy attached). Practically speaking,we staff it. The
MOU describes the"Hazardous Waste Management Facility Allocation Committee." The name
was finally changed by the committee to the Hazardous Waste Capacity Allocation Committee,
and Contra Costa County is represented by Supervisor Gayle Bishop,with Supervisor Jeff Smith
as alternate. The MOU stipulates that the member and alternate shall each be a member of the
Board of Supervisors. In practice, committee members often bring with them a knowledgeable
technical staff person,but that person will not be able to cast a vote. The committee normally
meets on the fourth Friday morning of each month.
Regional Planning. The Regional Planning Committee(RPC) is one of ABAG's standing
committees. Membership is at the invitation of ABAG's President(currently, Supervisor Tom
Torlakson),with confirmation by our Executive Board. Not every county necessarily has a
member at any one time, although for many years Supervisor Tom Powers was a member, and
indeed served as chair. Members of RPC do not have alternates. Normally,the committee meets
on the first Wednesday afternoon of every other month.
I hope this is helpful. For the time being,we will assume that Supervisors Bishop and Smith will
continue on the Hazardous Waste Capacity Allocation Committee; also, if the Board has a
nominee it would like to suggest for the Regional Planning Committee,you will let us know.
Sincerely,
Rev A.F. Tfnter `�
Executive Director
cc: Hon. Tom Torlakson
Enclosure
Representing City and County Governments of the San Francisco Bay Area
Joseph P. Bort MetroCenter 0 Eighth &Oak Streets ■ Oakland 0 (510)464-7900 0 Fax: (510)464-7970
BOARD OF SUPERVISORS
Phil Batchelor C
County Administrator -Oft
July 10, 1990 Cx)ga
ADOPTION OF THE ASSOCIATION OF BAY AREA GOVERNMENTS @
SUBJECT:MEMORANDUM OF UNDERSTANDING WITH LANGUAGE CHANGE
SPEC IFIc REQUEST(S) OR RECCMMEMATION(S) & BACKGROUND AM JUSTIFICATION
RECOMMENDED ACTION:
Approve and authorize the Chair to execute on behalf of the county, the
revised Memorandum of Understanding for the Hazardous Waste Management
facility siting committee, and to enter into negotiations with the
Association of Bay Area Governments and it's member counties to implement the
MOU.
ABAG has recommended some non-substantive changes to the MOU that previously
been approved by the Board of Supervisors on October 31, 1989 . County
Council concurs that the proposed changes are of a non-substantive nature
that do not in any way change the content or the intent of the previously
signed MOU. Attached is a copy of the proposed revisions as requested by San
Mateo County. The new language clarifies that the facility allocation
committee will be acting in an advisory capacity only. (See attachment)
This recommendation is brought to the Board of Supervisors with the support
of the Hazardous Materials Commission.
BACKGROUND INFORMATION:
Local governments in the San Francisco Bay Area desire to work together to
identify general areas for the location of hazardous waste management
facilities within the region and to develop and implement a method to
allocate the responsibility for providing hazardous waste management
facilities based upon the Fair Share principal. The agreement will create a
hazardous waste management facility siting committee that will be responsible
for implementing the Memorandum of Understanding. Actual siting decisions
will continue to be vested in local governments through the exercise of
existing land use authority.
FISCAL IMPACT:
Contra Costa must contribute a fee to fund the activities of the committee.
The fee for this project will be evenly apportioned among signatory counties.
ABAG estimates that each county's contribution will range from $6,376 to
$8,000 depending on the number of countys which become signatories.
CONTINUED ON ATTACHMENT' - YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
s I GNATME I S 1:
ACTION OF BOARD ON APPROVED AS RECOMMENDED X&_ OTHER
VOTE OF SUPEW I SORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNAN I MOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES, AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN' OF SUPERVISORS ON THE DATE SHO1111N.
cc* County Counsel ATTESTED
Pommunity Development Department PHILIATCHELOR. CLERK OF THE BOARD OF
/
Assoc. of Bay Area Government SUPERVISORS AND COUNTY ADMINISTRATOR
Hazardous Materials Commission
Health Services Department BY DEPUTY
M382/7-83
October 31, 1989 Costa
DATE`: (;,�,
Adopting Memorandum of Understanding for Hasa wa_RQ_e_ Y
SU&JECT: Management Facilities Siting
=C 1 F 1 C REQUEST(S) OR RECOMAEPDAT I ON(S) ! SACKGROUPD AND JUST 1 F 1 CAT 1 ON
�tSCOM�ADED_ACTION:
APPROVE and AUTHORISE the Chair to execute on behalf of the
County the Memorandum of Understanding for Hazardous - Waste
Management Facility Siting concept, and to enter into
negotiations with Association of Say Area Governments and its
member counties to implement the MOD. -
Request ASAG to incorporate the staff memo accompanying the
MOU to be included in the MOD. Specifically, the staff memo
outlines the fair share concept in terms of treatment groups
and should be included in the MOD language.
This recommendation is brought to the Board of Supervisors
with the support of the Hazardous Materials Commission.
Obiectives: The Hazardous,.Waste Management Facilities Siting
Committee shall have the following objectives:
a) To foster a regional approach providing hazardous waste
management facilities.
b) To identify potentially suitable general areas for
hazardous waste management facilities within
participating counties.
c) To allocate an initial responsibility among participating
counties for the siting of hazardous waste management
facilities based on the fair share principal.
d) To promote reasonable local land-use control.
e) To provide a form for review of 1) excess and needed
hazardous waste capacity within participatory counties
and 2) agreements between counties. .
f) To promote hazardous waste minimization by encouraging
on-site source reduction, recycling and treatment.
CONTINUED ON AVTACMMEN'T: - VIES SIGNATURE:
RECOMMENDATION OF COUNT♦ ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
S 1 GNATURE 1 S 1:
,ACTION OF BOARD ON -APPROVED Ai fi KCamdrmaED OTHER
VOTE OF NLPW'V I IMS
UNAN 1 MOUS (ABSENT ) AND CQ—*ci cT COPY or AN Asir 1 ON 7AxEN
AYES: "MS: AND ENTERED ON TW MINUTES of THE wmm
ABSENT' ABSTAIN: 'OF SLXERV19OBS ON THE DATE SMWN.
CC: ATTESTED
PHIL BATCHELOR. CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382 7-83 By .DEPUTY
' q) To provide consistency and methodology for the ,
development of hazardous waste generation statistics for
participating counties.
h) To annually ,review the fair share allocation of siting
responsibility for the Hay Area (or participating
counties) based upon the most current projection figures.
i) To provide a system for brokering waste capacity
allocations among participating counties consistent with
the principal of fair share.
FURTHER RECOMMEND that the County Administrator identify a
source of funds for this MOU.
R MONS AND R1EC�+Il�RAAS'IOR/ �x
Local governments in the San Francisco Day Area desire to work
together to identify general areas for the location of
hazardous waste management facilities within the region, and
to develop and implement a method to allocate the
responsibility for providing hazardous waste management
facilities based upon the fair share principal. The agreement
will create a Hazardous Waste Management Facility Siting
Committee that will be responsible for implementing the
Kemarandum of Understanding. Actual siting decisions will
continue to be vested in local governments through the
exercise of existing land-use authority.
FIMANCIAL l,CTs
Contra Costa must contribute a fee to fund the activities of
the committee. The fee for this project will be evenly
apportioned among signatory counties. ARAG estimates that
each county's contribution will range from $6376 to $8000
depending upon the number of counties which become
signatories. The County Administrator will investigate
developing a county and industry consortium to fund this
agreement.
BOiMA2and
bo-103
MOU, 6/25/90
Page 1
Memorandum of Understanding
To Create A Hazardous Waste Management Facility Allocation Committee
1. PURPOSE
Local governments in the San Francisco Bay Area desire to:
1) work together to identify general areas for the location of hazardous
waste management facilities within the region, and
2) develop and implement a method to allocate the responsibility for
providing hazardous waste management facilities based upon the fair share
principle.
This agreement creates a Hazardous Waste Management Facility Allocation
Committee that will be responsible for implementing these goals. Goal
implementation is detailed below under Section 3 Objectives. Actual siting
decisions will continue to be vested in the local governments through the
exercise of their existing land use authority.
This agreement is to be executed between and among the Association of Bay Area
Governments (ABAG) , its member counties and other counties that are willing to
participate in this process and abide by the conditions set forth herein.
2. DEFINITIONS
a. "Brokering waste capacity" shall mean trading the responsibility for
providing the opportunity to site treatment or disposal capacity for a
particular category of facility where a deficit exists in a county in exchange
for providing excess capacity for another category of facility.
b. "Local jurisdiction" shall mean counties, cities and all other
jurisdictions that have land use authority.
c. "Fair share" shall mean that a county is responsible for providing the
opportunity to site hazardous waste management facilities in the county with
capacity equivalent to the amount of hazardous waste generated within its
boundaries. If the county has approved the siting of a facility or facilities
with capacity equal to or in excess of the county's total hazardous waste
MOU, 6/25/90
Page 2
management needs, and/or entered into agreements with other counties providing
for the siting of a facility or facilities with capacity equal to or in excess
of the county's total hazardous waste management needs, the county will have
achieved its fair share of hazardous waste management facility siting
responsibility.
d. "Hazardous waste management facility" means any structure, other
appurtenances, and improvements on the land, and all contiguous land used for
treatment, storage, resource recovery, disposal or recycling of hazardous waste,
serving more than one producer of hazardous waste.
e. "General areas for hazardous waste management facilities" shall mean
identification of areas which appear to be physically suitable for the siting of
hazardous waste management facilities according to criteria in the county
hazardous waste management plans, as identified in county hazardous waste
management plans, are consistent with the fair share principle and are not more
site specific than the general areas identified, in county hazardous waste
management plans.
f. "Regional shortfall" means the generation of hazardous wastes exceed
available hazardous waste management capacity by specific Tanner treatment
groupings for the Bay Area.
3. OBJECTIVES
The Committee shall have the following objectives:
a) To develop a regional approach to providing hazardous waste management
facilities.
b), To identify potentially suitable general areas for hazardous waste
management facilities within participating counties that are consistent with
county hazardous waste management plans and general plans.
c) To recommend allocation of an initial responsibility among participating
counties for the siting of hazardous waste management facilities based upon the
fair share principle.
d) To promote local determination of land use.
MOU, 6/25/90
Page 3
e) To provide a forum for review of (1) excess and needed hazardous waste
capacity within participatory counties and (2) agreements between counties.
f) To promote hazardous waste minimization by encouraging on-site source
reduction, recycling and treatment.
g) To provide consistency in methodology for the development of hazardous
waste generation statistics for participating counties.
h) To annually review the fair share allocation of siting responsibility
for the Bay Area (or participating counties) based upon the most current waste
generation projection figures.
Q To provide a system for brokering waste capacity allocations among
participating counties consistent with the principle of' fair share.
4. EFFECTIVE DATE
This agreement shall become effective upon execution by ABAG and five or more
counties.
5. CREATION OF COMMITTEE
By this agreement there shall be created an advisory ABAG committee, the
Hazardous Waste Management Facility Allocation Committee (hereinafter referred
to as the "Committee") to act in the manner described herein.
6. RESPONSIBILITIES
Acting in an advisory capacity, the Committee shall have the following
responsibilities and is hereby authorized to perform all acts necessary for
the exercise of these responsibilities:
a) to identify and designate potentially suitable general areas for
regional hazardous waste management facilities within the participating comnties
boundaries, consistent with the county Hazardous Waste Management Plans, in
order to regionally allocate capacity shortfalls in accordance with the
principal of fair share;
b) to broker waste management capacity between participating counties. and
develop agreements to allocate regional shortfalls;
MOU, 6/25/90
Page 4
c) to make plans and to conduct studies pertaining to hazardous waste
management facilities and regionalcapacity.
d) to recommend to the ABAG Executive Board an annual budget setting forth
all administrative, operational and capital expenses for the Committee, together
with the apportionment of such expenses to each participating county;
e) to be responsible for recommending actions to the participating
jurisdictions for implementation of, fair share. Such recommendations shall be
reported to the ABAG Executive Board not less than once a year.
f) to serve as an advocate before state and federal permitting authorities
in support of applications1to establish any hazardous waste management facility
which has the approval of the committee and of the local jurisdiction in which
the facility would be located, in accordance with the objectives of the
Committee.
g) to serve as an opponent before state and federal permitting authorities
to discourage the siting of facilities that are not in accordance with the
I
designated general area siting opportunities identified by the Committee.
h) to negotiate intercounty agreements with counties having excess
hazardous waste management capacity which are not parties to this agreement.
i) to sponsor programs to aid ',the implementation of the Committee's
objectives.
J) to create a model multijurf I sdictional fair share agreement to be
incorporated into individual county plans called for under AB 2948 (Tanner 1986)
in partial fulfillment of said law.,�
7. ELIGIBILITY FOR MEMBERSHIP
Only ABAG counties willing to participate in the work of the Committee, promote
the decisions and recommendations reached and pay the fees assessed are eligible
to execute this agreement during the first year. Other counties within the
state may become members during the second year and thereafter subject to
approval by the Committee members representing ABAG counties ABAG counties
joiningtheCommittee after the first year are not subject to this approval.
MOU, 6/25/90
Page 5
8. ORGANIZATION
a. HAZARDOUS WASTE MANAGEMENT FACILITY ALLOCATION COMMITTEE
The Committee shall consist of two ,representatives from each county:
i.) One member of the governing body of each county signing this
agreement and
ii.) One person representing :all of the cities within each county.
Upon execution of this agreement, the governing body of each county shall
appoint one of its members to serve as a -member of the Committee and another
member to serve as an alternate member of the Committee in the absence of the
regular appointee. The city selection committee of each member county shall
appoint a representative and alternate. For San Francisco, if that county has
executed this agreement, the mayor shall appoint a city representative. Each
member and alternate shall hold office from the first meeting of the Committee
after their appointment until their elected term is completed or a successor is
selected. Each member and alternate shall serve at the pleasure of the
appointing county.
The chairperson for the Committee shall be elected by the Committee membership
from among the Committee membership.
Committee members shall also appoint a technical advisory subcommittee. This
subcommittee, as a minimum, will include representatives of industry,
environmental and public interest groups, and regulatory agencies.
b. ABAG
ABAG will provide staff support to: the Committee. ABAG staff support will be
paid from the Committee dues.
c. VOTE REQUIRED
A quorum is 2/3 of the members of the Committee. A majority vote of members
present with a quorum is required i for any action. An action by the Committee
can be reconsidered when 1/3 (rounded to the nearest whole number) of the
participating counties by majority vote of their boards of supervisors vote for
re-evaluation of the decision.
MOU, 6/25/90
Page 6
d. MEETINGS OF THE COMMITTEE
The Committee shall hold at least three meetings each year. The Committee shall
cause minutes of all meetings to be kept and shall, as soon as possible after
each meeting, forward a copy of the minutes to each member of the Committee and
to each county.
9. STAFFING
ABAG will provide the primary staff support to the committee. However, the
i
Committee may request additional staff support from member counties as necessary
to fulfill its duties.
10. FUNDING
Committee funding shall be based on a fiscal year from July 1 through June 30.
The budget will be set by the Committee by January ,l of each year for the
following fiscal year. The total cost of the activities of the Committee shall
be apportioned evenly among its member counties.
Upon the effective date or upon signing this agreement, whichever is later, the
signatory county or counties shallcontribute a fee to fund the activities of
the Committee. If a county joins mid-fiscal year or if Commit-tee activities
commence mid-fiscal year then the Committee budget and fees for each county
shall be prorated to reflect the appropriate yearly proportion. Fees will be
due on July 31 for the fiscal year.
11. TERMINATION
a. This MOU shall terminate upon any of the following conditions:
i) The ABAG Executive Board may dissolve the Committee upon majority
vote;
ii) Two thirds (2/3) of the members of the Committee may vote to
dissolve the Committee;
iii) Any of. the above-listed terminations shall become effective
thirty (30) days after the vote to, dissolve the committee.
MOU, 6/25/90
Page 7
iv) A county may withdraw by giving six month's notice of intention
to withdraw for the following fiscal year (July 1 through June 30) . The
Committee shall consider special circumstances and may allow a shorter
notification of intention to withdraw.
b. In the event of termination or withdrawal any amount owing to the
Committee for past fees shall be paid.
C. Any financial assets of the Committee remaining after all liabilities
have been paid, upon termination of. the Committee, shall be distributed evenly
to counties participating at the time of termination.
12. COUNTERPARTS
i
This AGREEMENT may be executed in any number of counterparts all of which
shall be considered one and the same AGREEMENT.
IN WITNESS WHEREOF, the parties have authorized this Memorandum of
Understanding to be executed.
DATE: July 17 , 1990 COUNTY' OF CONTRA COSTA
X
CHAIRPERSON
BOARD OF SUPERVISORS
Attest: philv Batchelor, Clerk of the Board of
Supervisors and•Couc-ty AdMi%tratu
CLERK OF THE BOARD
Approved as to legal form and content.
k"t&rdy
County Counsel re I
I
i
- ATTACHMENT 1
San Mateo County Revisions MOU, 12/18/89
Page 3
e) To provide a forum for review of (1) excess and needed hazardous waste
capacity within participatory counties and (2) agreements between counties.
f) To promote hazardous waste minimization by encouraging on-site source
reduction, recycling and treatment.
I
g) To provide consistency in methodology for the development of hazardous
.waste generation statistics for participating counties.
i
h) To annually review the fair share allocation of siting responsibility
for the Bay Area (or participating counties) based upon the most current waste
i
generation projection figures.
I
i) To provide a system for brokering waste capacity allocations among
i
participating counties consistent with the principle of fair share.
4. EFFECTIVE DATE
i
f
This agreement shall become effective upon execution by ABAG and five or more
counties.
5. CREATION OF COMMITTEE
By this agreement there shall be crested an advisory ABAG committee, the
Hazardous Waste Management Facility Allocation Committee (hereinafter referred
to as the "Committee") to act in the manner described herein.
6. P6SiER,SRESPONSIBILI"TIES
I
The Committee, acting in its advisocaoacity. shall have
the following
pewees resvonsibilities and is hereby; authorized to perform all acts
necessary for the exercise of these powers responsibilities:
a to identify and designatepot!entiall suitable general areas for
regional hazardous waste management facilities within the participating counties
boundaries, consistent with the county Hazardous Waste Management Plans, in
order to regionally allocate capacity', shortfalls in accordance with the
principal of fair share;
i
3