HomeMy WebLinkAboutMINUTES - 06032003 - C.147 C.14(
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY CALIFORNIA
Adopted this Order on June 3,2003,by the following vote:
AYES: Supervisors Gioia,Uilkema, Glover and DeSaulnier
NOES; None
ABSENT: None
ABSTAIN: None
DISTRICT III SEAT VACANT
SUBJECT. HAZARDOUS MATERIALS COMMISSION BYLAWS
REFERRED to Internal Operations Committee.
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
date shown.
Attested: June 3, 2003
John Sweeten, Clerk of the Board
Of Supqvisors and County.Administrator
By: 0 ' J
:6A —
Deputy Clerk
TO: BOARD OF SUPERVISORS ��i.s.,._.��� Contra
FROM: William Walker, M.D., Director
Health Services Department Costa
DATE: May 16, 2003°s�---a� County
SUBJECT: Hazardous Materials Commission Bylaws 6,1Y7
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE the revised Hazardous Materials Commission bylaws to reflect changes recommended by the Hazardous Materials Commission.
BACKGROUND:
Wien the Commission bylaws were first adopted in 1989, 8 affirmative votes were required for a final recommendation to the
Board of Supervisors. At that time the Commission had 15 members, and 8 votes represented a majority of Commission
members.
The Commission membership was reduced to 13 in 1998;however,the requirement for 8 affirmative votes for a
recommendation to the Board was not changed. The Commission believes that requiring a supermajority of 8 affirmative
votes for a recommendation to the Board of Supervisors is not appropriate. Consistent with the original rational,the
Commission continues to support requiring a majority of the Commission membership for a recommendation to the Board.
However,during times when there are vacancies on the Commission,the Commission believes that the vacant positions
should not be considered. Therefore,the Commission recommends that the Bylaws provide that the number equal to a
quorum(as opposed to a set number of votes)be required for a recommendation to the Board of Supervisors. The proposed
change to Section IV,D. of the bylaws would accomplish this.
The Commission Bylaws state that a quorum for the Commission equals a majority. During periods when one or more seats
on the Commission is vacant,the vacant position(s)not be considered for determining whether a quorum is present. (See
Bylaws Section IV,C.)
All 13 seats on the Commission are currently filled. The majority, and thus the quorum,for the Commission is now 7
members. Under the proposed Bylaw change, as long as all 13 seats are filled with a Commissioner or an alternate(because
alternates can vote for Commissioners at any time),the Commission would need 7 affirmative votes for a recommendation to
the Board of Supervisors. This would be the case regardless of how many commissioners are in attendance and vote on the
issue at that particular meeting.
If there is one vacant seat on the Commission(no Commissioner with no alternate)the majority, and thus the quorum,would
be based on 12 seats,and would remain 7. If there were two vacant seats on the Commission the majority, and thus the
quorum,would be based on 11 seats and would be 6. In that case,only 6 affirmative votes would be needed for a
recommendation to the Board of Supervisors.
Attached is a copy of the Bylaws,including the proposed revision to Section IV,D.
CON-MTUED ON ATTACHMENT: x YES SIGNATURE:
_L,, RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SICrNATi3RE(S}:`�.,, °`
ACTION OF BL ON APPROVE AS RECOMMENDED OTHER
f Ir
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT TENS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS (ABSENT. } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED
CONTACT: JOHN SWEETEN,CLERK OF THE BOARD
OF SUPERVISORS AND COUNTY
ADNfMSTRATOR
CC: Michael Kent—CCC-HSD,597 Center Ave..#115
Lillian Fujii - -Countycounsel
BY DEPUTY
BYLAWS OF THE
CONTRA COSTA COUNTY
HAZARDOUS MATERIALS COMMISSION
1[. RESPONSIBILITIES
A. Pursuant to Health and Safety Code section 25135.2, the Contra Costa County Hazardous
Materials Commission("Commission") shall:
1. Advise the County Board of Supervisors, County staff and the mayor's council
members, and staffs of the cities within the county, on issues related to the
development, approval, and administration of the county hazardous waste
management plan.
2. Hold informal public meetings and workshops to provide the public with
information, and to receive comments, during the preparation of the county
Hazardous Waste Management Plan.
B. Pursuant to Board of Supervisors Order dated October 14, 1986, the Commission is
charged with the following tasks:
1. Draft a County Hazardous Materials Storage and Transportation Plan for
consideration by the Board of Supervisors.
2. Draft a County Hazardous Materials Storage and Transportation Management
Ordinance for consideration by the Board of Supervisors.
3. Coordinate the implementation of the Hazardous Materials Release Response Plan
and Inventory program(AB 2185)(Stats. 1985, ch.1184)with the other
recommendations of the Hazardous Waste Task Force and the Hazardous Waste
Management Plan.
4. Address the economic effects of implementing these recommendations.
5. Further develop the recommendations involving hazardous materials issues which
should include obtaining broad public input.
6. Oversee management coordination of all aspects of the storage or transportation of
hazardous materials and the generation, storage, transportation, treatment, and
disposal of hazardous waste.
7. Recommend further charges for consideration by the Board of Supervisors, or
recommend changes in the existing charges to the Commission for consideration
by the Board of Supervisors.
C. Report and make recommendations on such further matters concerning hazardous
HAZARDOUS MATERIALS COMMISSION BYLAWS Page 1
materials and wastes as are referred to the Commission by the Board of Supervisors.
A. Members. The Commission shall consist of the following thirteen (13)members, each
with an appointed alternate, and appointed as follows:
Two (2)representatives of cities, appointed by the City Selection Committee pursuant to
Article II(§ 50270 et seq.) of Chapter 1, Fart I of Division i of Title 5 of the Government
Code;
Three (3)representatives of business, nominated as indicated below, screened by the
Internal Operations Committee, and appointed by the Board of Supervisors(IOC Bd
Order dated February 24, 1998);
"Business Seat #I - to be nominated by the West County Council of Industries."
"Business Seat #2 .. to be nominated by the Industrial Association."
"Business Seat#3 - to be nominated by the Contra Costa Taxpayers Association."
Three (3)representatives of environmental organizations,with all applicants to any of the
three "Environmental Organization" seats to be nominated by an environmental
organization, but that no particular environmental organization will have an exclusive right
to nominate an individual to any one of the three aforesaid seats or their alternates, and
therefore,which environmental organizations are represented on the Hazardous Materials
Commission-rests with the Internal Operations Committee and ultimately the Board of
Supervisors (IOC Bd Order dated February 24, 1998);
One(1)representative of the League of Women Voters, nominated by the League and
appointed by the Board of Supervisors;
Two(2)labor representatives,nominated by labor organizations, screened by the Internal
Operations Committee, and appointed by the Board.of Supervisors(Bd. Order dated June
4, 149&;)
One(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;
One(1) representative of the general public, appointed by the Board of Supervisors.
(Health & Safety Code, § 25135.2;Bd. Order dated 10/14/86. Amended 02/14/94.)
B. Board Appointments. Board of Supervisors' Resolution No. 77/273 shall govern the
procedure for nominating and appointing members appointed by the Board of Supervisors.
C. Terms. Members shall serve staggered terms offouf-years at the pleasure of the
appointing authority. There is no limit to the number of terms a member may serve. The
Commission shall determine how the terms shall be staggered.
HAZARDOUS MATERIALS COMMISSION BYLAWS Page 2
A Alternates. Organizations nominating or appointing members to serve on the Commission
may designate alternates to members of the Commission by submitting the name of the
alternate to the County Administrator. If the Board of Supervisors is the appointing
authority, the County Administrator shall.seek Board approval of the appointment,which
becomes effective upon Board approval. (Bd Order date 08/18/87.)
M. OFFICERS
A. The Commission shall elect a Chairperson and a Vice-Chairperson for terms of one
calendar year.
B. The Clerk of the Board shall be notified of the selection of the Chairperson and Vice-
Chairperson.
C. The Chairperson and Vice-Chairperson may serve consecutive terms.
IV. CONDUCT OF BUSINESS
A. Meetings. Meetings shall be conducted pursuant to the Ralph M. Brown Act. (Gov
Code, § 54950 et seq.)
B. Chairperson. The Chairperson shall be responsible for:
1. Conducting all meetings of the Commission
2. Reviewing and approving Commission agendas.
3. Selecting Commission members for standing and ad hoc committees.
4. Representing the Commission, or designating a member to represent the
Commission,before the Beard of Supervisors, City Councils, or other bodies
before which the Commission may wish to appear.
C. �rmn. Business shall be conducted by the Commission only when a quorum is present.
A majority shall constitute a quorum.. During periods when one or more seats on the
Hazardous Materials Commission is vacant, the vacant position shall not be considered for
determining whether a quorum is present. A seat is vacant when there is no commissioner
or alternate appointed to serve in that capacity.
D. ees 0. the
k}�t e vette.Find recommendations of the Commission to the Board of
Supervisors shall require the number of affirmative votes equal to the quorum of the
Commission on the date of the vote.
V. BYLAWS ANI:►OTHER GUIDELINES
A. Bylaws. These Bylaws shall govern the conduct and activities of the Commission..
However, nothing in these bylaws excuses compliance with any other law. The
Commission may, from time to time, recommend to the Board of Supervisors that changes
HAZARDOUS MATERIALS COMMISSION BYLAWS Page 3
be made to these bylaws.
VI. CONFZ,rCr OF INTXREST
A. General Board Policy. Pursuant to Resolution No. 82/574, the Board of Supervisors has
adopted a policy for Board appointees concerning conflicts of interest. Resolution No.
82/574 applies to the Commission and requires as follows.
1. Statutes on Conflicts. Officials, Commissioners, and Committee members
appointed by the Board shall adhere to the principles and rules of the Political
Reform Act of 1974 (Gov. Code, § 816000 et seq.), including the following:
a) Local goverment should serve the needs and respond to the wishes of all
citizens equally,without regard to their wealth. (Gov. Code, § 81001 [b].)
b) Public officials should perform their duties in an impartial manner, free
from bias caused by financial interests of themselves or their supporters.
(Gov. Code, § 81002 [b].)
c) Public officials should disclose assets and income which may be materially
affected by their official actions, and in appropriate circumstances they
should be disqualified from acting, in order to avoid conflicts of interest.
(Gov. Code, § 81002[d.].)
2. Common Law Policy on Conflicts. All officials should so conduct the public
business as to avoid even any appearance of conflict of interest. (See, e.g., Kimura
v. Roberts [1979] 89 Cal.App.3d 871.)
B. Board Policy for Hazardous Materials Commission. Consistent with Resolution No.
82/574 and Health and Safety Code section 25135.2, the Board hereby declares, as a
matter of legislative determination,that members of the Hazardous Materials Commission
are intended to represent and further the interest of specified industries and groups
responsible for their nomination, Accordingly, the Board of Supervisors hereby finds that
for purposes of members of the Commission nominated by a trade, industrial or
professional group, such trade, industrial or professional group constitutes a significant
segment of the public within the meaning of Government Code section 87103.
By this policy, the Board does not find or imply that members of the Hazardous Materials
Commission are public officials within the meaning of Government Code section 87100
(Political Reform Act). This declaration of policy is only to clarify the application of the
Board's general policy on conflict of interest to the Hazardous Materials Commission.
Approved by the Board of Supervisors on October 16,1989.
Nan-substantive amendments by the Commission on April 22,1992.
Amended by the Board of Supervisors on February 14,1994.
Board requested recommendations 2/28/98 item 01,02/02/9$item c.29 approved Operations Committee April 10,2000.
Reviewed by the Operations Committee February 11.2002 with no changes made.
LTF: 10hmc21494.
HAZARDOUS TV ATMALS CC1M1S3MION BYLAWS page 4
NAN:(Draft)hme041000.
NAN:Revised Waws Bd Ord.062000 Item c.122
HA7'ARDOT7S M-ATF-RIALS COYEWSSION BYLAWS Page 5