HomeMy WebLinkAboutMINUTES - 07152003 - C.48 TO: BOARD OF SUPERVISORS Contra
FROM: INTERNAL OPERATIONS COMMITTEE ,, n
Costa
DATE: JULY 7, 20013 °sr` '.. County
SUBJECT: HAZARDOUS MATERIALS COMMISSION QUORUM REQUIREMENTS AND
BY-LAW AMENDMENTS
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
APPROVE amendments to the Hazardous Materials Commission by-Maws to make the
quorum requirement and the number of affirmative votes required to make final
recommendations to the Board of Supervisors equal to a majority of the authorized seats.
BACKGROUND:
On June 3, 2003, the Board of Supervisors referred to the IOC a review of changes
proposed by the Hazardous Materials Commission to its by-laws pertaining specifically to the
number of affirmative votes required to forward recommendations to the Board of
Supervisors. The current quorum requirement for the Commission is 7, assuming all 13
seats are filled. However, the quorum requirement may be less than 7, depending upon the
number of vacancies at any given time. The current number of affirmative votes required to
send a recommendation to the Board of Supervisors is 8 (a super majority), regardless of the
number of vacancies or quorum requirement. The Commission requested that the by-laws
be amended to make the number of affirmative votes required to send a recommendation to
the Board equal to the current quorum requirement.
A majority of currently Authorized seats on the Hazardous Materials Commission is 7. The
IOC is concerned that using a floating" quorum that is calculated based upon the number of
filled seats as opposed to authorized seats could create a situation in which a minority of
commissioners, e.g., three or four, would make decisions on behalf of a 13-member advisory
body. inasmuch as that situation may increase exposure of the commission to external
control or manipulation, the IOC recommends that both the quorum requirement and the
number of affirmative votes required to make final recommendations to the Board of
Supervisors be made equal to a majority of the authorized seats, currently 7 of 13.
Attached is a copy of the by-laws, including the amendments proposed by our Committee.
CONTINUED ON ATTACHMENT: YES SIGNATURE: `
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RECOMMENDATION OF COUNTY ADMINISTRATOR 4_--RECOMMEN6/10N OF BOARD COMMITTEE
;,,,,APPROVE OTHER
SIGNATURES) ` 1 .
GAS LE B. UIt EMA, Chair FEDERAL D. GLOVER
---------------------__---------------------------------------------------------------- - - __-_------------------------------------------------------------------
ACTION OF BOARD ON July 15, 20103 APPROVE AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X UNANIMOUS(ABSENT N } AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
*District III Seat 'VjT T* ATTESTED: JULY 15,2003
CONTACT: JULIE ENEA (925)335-1073 JOHN SWEETEN,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
CC: INTERNAL OPERATIONS COMMITTEE STAFF
MICHAEL KENT,HAZMAT COMMISSION STAFF
MARY ANN MASON,DEPUTY COUNTY COUNSEL
CLERK OF THE BOARD(MADDY BOOK) BY. , ` fes' 'i - 3 ', U lY
� F
BYLAWS OF THE
CONTRA+COSTA.COUNTY
HAZARDOUS MkTERMS COMMIESSION
RESPONSIBILUTES
A. Pursuant to Health and Safety Code section 2.5135.2, 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-Mthia 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 fiuther matters concerning hazardous
TiAZA"OUS MATFS.LALS C[31YUMSTON BYLANM Page X
materials and wastes as are referred to the Commission by the.Board of Supervisors.
IL MEMMERSHM
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 R(§ 50270 et seq.) of Chapter 1, Part 1 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#1 -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 Beard of Supervisors(Bd. Order dated.Tune
4, 1996;)
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 Beard of Supervisors.
(Health& Safety Code, §3 25135.2;Bd. Order elated 10/14186. Amended 02114/94.)
B. Board Appointments. Board of Supervisors' Resolution No. ; shall govern the
procedure for nominating and appointing members appointed by the Board of Supervisors.
C. Terms. !Members shall serve staggered terms of four-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.
HAZA"OUS MATF 2IALS COMMISSION BYLAVS Page 2
D. 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.)
HL 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.
rV. CONDUCT OF BUSMESS
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:
L 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
a Commission, before the Beard of Supervisors, City Councils, or other bodies
4 - before which the Commission may wish to appear.
C. rum. Business shall be conducted by the Commission only when a quorum is present.
A majorit shall constitute a quorum. seams the ;
v-a�.anaG�-�u 'tip-sha��ensi�ed--fir �`
D.
. .!evotes. Final 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 AND OTHER GUIDELMS
A. Bylaw . 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 MATI!.RI,ALS COMMSION BYLAMIS Page 3
be made to these bylaws.
VI. CUNFLIC'r OF1NT MEST
A. General Board Policy. Pursuant to Resolution No. 4V4-74, the Board of Supervisors has l
adopted a policy for Board appointees concerning conflicts of interest. Resolution No.
45q4 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:
< k
a) Local government 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. Ro erts [1979] 89 CalApp.3d 871.)
B. Board Policy for Hazardous Materials Commission. Consistent with Resolution No. ,x
vv 4 424-74 and Health and. Safety Code section 25135.2,the Board hereby declares, as a
matter of legislature 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.
Non-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 c.31,02/02/98 item e,29 approved Operations Committee April 10,2000.
Reviewed by the Operations Committee February 11,2002 with no changes.made,
LTF:iOhmo21494.
HAZARDOUS MATERIALS CONr1Vr SIGN BYLAWS Page 4
NAN:(Draft)h=041000.
NAN:Revised bylaws Bd Uxd.062000 Item.o.122
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