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HomeMy WebLinkAbout04-15-1992 City Council staff reporto1- :`4" 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 COUNCIL MEMBERS: Karen Anderson Martha Clevenger Willem Kohler Victor Monia Date: April 15, 1992 Francis Stutzman Category: New Business To: Mayor and City Council From: Environmental Programs Manager Subject: Request for City Council Action to Designate the Solid Waste Commission of Santa Clara County as Local Task Force under AB 939 RECOMMENDATION: That the City Council approve and adopt the attached Resolution to Designate the Solid Waste Commission of Santa Clara County as the Local Task Force Under AB 939. BACKGROUND AND DISCUSSION: Resolution of countywide solid waste management issues in Santa Clara County requires the ongoing involvement of elected officials acting in a countywide forum. In early 1990, the Board of Supervisors and city councils of Santa Clara County designated the Intergovernmental Council (IGC) Solid Waste Committee (Committee) as the Local Task Force under AB 939. Countywide coordination has been achieved through the IGC Committee process. This process proved to be effective in meeting the need for ongoing policy development at a countywide level, except that considerable time was required to move an item through the various levels of review. When the IGC determined that it would begin to meet less frequently, which would further extend the decision - making process, the Committee decided to recommend a change in its reporting relationships and organizational structure. Options for changing the Committee's reporting relationship and organizational structure were discussed by the Committee, and the Committee determined that a Solid Waste Commission established by the Board of Supervisors would be most effective in meeting two primary goals: i) To provide for ongoing or permanent status of the committee and ii) To maintain the effectiveness of the current structure. Printed on recycled paper. Mr •0• Mayor and City Council - April 15, 1992 Page 2 Recent changes in the IGC ordinance and bylaws included the deletion of its responsibility as the principal advisory body to the Board of Supervisors on solid waste issues. That revision was approved by the Board of Supervisors on February 11, 1992. At the February 11, 1992 meeting of the Santa Clara County Board of Supervisors, the Board established the Solid Waste Commission of Santa Clara County to replace the Committee. The Board of Supervisors also adopted the attached resolution designating the Commission as the Local Task Force under AB 939. This change in structure will solve certain problems caused by recent changes in the IGC. It will not make significant changes in the role or functioning of the Commission in the countywide solid waste planning process. Officials serving on the Committee will now serve as members of the Commission. As described in the attached Solid Waste Commission Bylaws for the revised structure, regular conduct of the Commission's business will include recommendations to the Board of Supervisors, the Santa Clara County Cities Association and /or city councils. Commission members will also periodically report to their councils or boards, the Intergovernmental Council, and other local and regional agencies in order to keep other elected officials informed of solid waste management issues. The Cities Association has agreed to assist as needed in the selection of city members of the Commission as described in the Vacancies Section under Article III of the Bylaws. In accordance with the California Public Resources Code, the City Council has to take action to designate the Solid Waste Commission of Santa Clara County as the Local Task Force under AB 939. This action is necessary to formalize the status of the Commission as the local Task Force under state law. Division 30, Section 40950, of the California Public Resources Code requires each county in the State to convene a Local Task Force to assist in developing the city and county source reduction and recycling elements, and household hazardous waste elements of the Countywide Integrated Waste Management Plan, to prepare the countywide siting element, and to prepare other reports, plans, and elements pursuant to the Public Resources Code. Section 40950 also states that membership in the Local Task Force is to be determined by the Board of Supervisors and a majority of the cities within the county containing a majority of the incorporated population. Until the approval process is completed, the interim Solid Waste Commission will continue to fulfill the responsibilities of the Printed on recycled paper. Mayor and City Council - April 15, 1992 Page 3 Local Task Force for Santa Clara County. FISCAL IMPACTS' None Resolution of the Board of Supervisors of the County of Santa Clara to Designate the Santa Clara County Local Task Force. Solid Waste Commission of Santa Clara County - Bylaws Resolution of the City Council of Saratoga to designate the Solid Waste Commission of Santa Clara County as the Santa Clara County Local Task Force. PREPARED BY: Isabel S. Gloeg , P. E. Environmental Programs Manager APPROVED BY: 9 A Harry Peacock City anager ISG:awm /022.ISG Printed on recycled paper. a • ft RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA TO DESIGNATE THE SANTA CLARA COUNTY LOCAL TASK FORCE WHEREAS, Division 30, section 40950, of the California Public Resources Code requires each county in the State to convene a Local Task Force to assist in developing the city and .county source reduction and recycling elements of the Countywide Integrated Waste Management Plan prepared pursuant to Public Resources Code Section 41000 et seq, to prepare the countywide siting element required pursuant to Public Resources Code Section 41700 et seq, and to prepare other reports, plans, and elements pursuant to the Public Resources Code; WHEREAS, section 40980.further requires that membership of said Local Task Force shall be determined by the Board of Supervisors and a majority of the cities within the county which contain a majority of the population in the county; WHEREAS, in 1990 the Board of Supervisors and the cities of Santa Clara County established a Local Task Force in conformance with State requirements, namely the Intergovernmental Council Solid Waste Committee; and WHEREAS, on the Board of Supervisors established the Solid Waste Commission of Santa Clara County to replace the Intergovernmental Council Solid Waste Committee, which Commission shall assume all duties and responsibilities previously assigned to the Committee; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Santa Clara, State of California, in accordance with the above determinations, that the resolution to designate the Solid Waste Commission of Santa Clara County as the Santa Clara County L,:cal Task Force is hereby approved and adopted. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Clara, State of California on FEB 4 1992 by the following vote: AYES: Supervisors DIRIDON, GON7ALES, HC�MA, LOFGRFNT Mr-- NA A NOES: Supervisors ABSENT: Supervisors CKairperson "*LOE LOFGREN Board of Supervisors ATTEST: Donald M. RaiZiss Clerk Board of Supe rs APPROVED AS TO FORM AND LEGALITY: G� ti L�ti 'Jun Kathy Kretc mer Deputy County.-Counsel •M •N SOLID WASTE COMMISSION OF SANTA CLARA COUNTY APPROVED BY TliE BOARD OF SUPERVISORS' BYLAWS OF SANTA CLARA COUNTY a0_id !A. Rawl. Clwk of *w Board F, 0"cia. S*ao A By ARTICLE I. NAME Deputy `10 Dale F; 41992 The name of this organization is the SOLID WASTE COMMISSION OF SANTA CLARA COUNTY, which may be abbreviated as "SWC". The organization may also be referred to as the AB 939 Local Task Force for Santa Clara County, which may be shortened to "Local Task Force ", or "LTF." ARTICLE II. PURPOSE The purpose of the SOLID WASTE COMMISSION OF SANTA CLARA COUNTY is: To serve as the principal advisory body to city councils and the Board of Supervisors on countywide solid waste planning issues and the County Solid Waste Management Plan /Countywide Integrated Waste Management Plan; 2. To provide for balanced consideration and representation of the viewpoints, problems, and issues regarding solid waste management in different areas of the county; provide countywide involvement in the solid waste management planning process; and identify and recommend solutions to solid waste management problems requiring joint jurisdictional action. 3. To make recommendations to regional agencies whose jurisdiction includes Santa Clara County on solid waste management issues - such recommendations are to be transmitted via the Board of Supervisors of the county. 4. To provide a forum for decision making, coordination among local jurisdictions, and mutual assistance in development of specific projects to meet local solid waste management needs. 5. To carry out the responsibilities in waste management planning which are mandated by State law under the Integrated Waste Management Act of 1989 and other legislation and. regulations; 6. To identify goals, policies, and procedures that will aid local jurisdictions in meeting solid waste reduction and recycling goals; review and provide written comments on local Source Reduction and Recycling Elements; and assist local jurisdictions in the implementation of those ,elements. ARTICLE III. MEMBERSHIP The Commission shall be composed of nine (9) members. All members may serve M• ., M• on subcommittees and /or ad hoc task forces. The members and their designated alternates shall be elected officials, except in the case of the Santa Clara Valley Water District, where the member may be either an elected or appointed member of the Board of Directors. The members shall be appointed by the following public agencies or organizations: Membership One (1) County Supervisor appointed by the Board of Supervisors of Santa Clara County. 2. One (1) city councilmember appointed by the City Council of the City of San Jose. 3. One (1) city councilmember, appointed by the Santa Clara County Cities Association, from one of the following cities: .Cupertino, Los Altos, Los Altos Hills, Milpitas, or Santa Clara to represent Newby Island Landfill Users. 4. One (1) city councilmember, appointed by the Santa Clara County Cities Association, from one of the following cities: Campbell, Los Gatos, Monte Sereno, or Saratoga to represent Guadalupe Landfill Users. 5. One (1) city councilmember, appointed by the Santa Clara County Cities Association, from one of the following cities: Mountain View, Palo Alto, or Sunnyvale to represent Kirby Canyon Landfill Users. 6. One (1) city councilmember, appointed by the Santa Clara County .Cities Association, from one of the following cities: Gilroy or Morgan Hill to represent Pacheco Pass Landfill Users. 7. Two (2) city councilmembers to serve as members -at- large. Members -at -large shall be appointed by the Santa Clara County Cities Association from any city which does not already have a representative on the Commission. 8. One (1) director appointed by the Board of Directors of the Santa Clara Valley Water District. Alternates Each Commission member may designate from among the eligible officials of its council, board, or eligible cities an alternate representative to serve in the absence of the regular member. Alternates may serve on subcommittees, and /or ad hoc task forces. a • a /V M 1: -Except for the term of office of the initial members of the commission, the term of office of each commission member shall be six (6) years, and the number of terms shall be limited to two (2) terms. The term of office of the members first appointed to the commission shall be deemed to have commenced on July 1, 1992. 2. The initial members of the commission shall classify themselves by lot so the initial term of office of one (1) member shall be one (1) year, of one (1) member is two (2) years, of one (1) member is three (3) years, of two (2) members is four (4) years, of two (2) members is five (5) years, of two (2) members is six (6) years. 3. Each member of the commission shall serve at the pleasure of the appointing authority, provided, however, that membership shall automatically terminate upon termination of the member's incumbency in elected or appointed office. 4. Attendance by commission members at all commission meetings is vital to the proper functioning of the commission. Three (3) consecutive absences are sufficient grounds to warrant the Chairperson to request a replacement. Vacancies 1. A vacancy shall exist whenever a member ceases to hold elected or appointed office on the public agency from which that person was appointed, whenever the term of office expires, or whenever a member resigns from his /her position on the Commission. 2. When a vacancy occurs for a representative of the county, the City of San Jose, or the Water District, the Chair shall, by letter, request that the eligible agency appoint a new member from that organization. 3. When a vacancy occurs for one of the other representatives, the Chairperson shall, by letter, request that the Santa Clara County Cities Association make an appointment to the vacant position from among the city councils of the eligible cities. Officers 1. The officers of this organization shall be the Chairperson and Vice - Chairperson who shall be elected by the Commission at the first meeting following July 1 of each year and shall serve at the pleasure of the Commission. 2. The Chairperson shall preside at meetings of the Commission, call special meetings where necessary, and perform other duties customarily performed by a 0 • 0 • chairperson. 3.- The Vice - Chairperson shall serve in the absence, inability, or unwillingness of the Chairperson to act. In the absence of the Chairperson and Vice-Chairperson, the Commission members shall appoint one of the members to act as Chairperson pro tempore. When the office of Chairperson or Vice - Chairperson becomes vacant, the Commission shall elect a successor at the earliest meeting practicable. ARTICLE IV. MEETINGS/ AGENDA 1. The Commission shall meet the fourth VVednesday of the month at 6:00 p.m. Special meetings of the Commission may be called by the Chairperson or by any three (3) members. 2. The Chair shall provide every member of the Commission with seven (7) days written notice of regular or special Commission meetings. 3. Requests for items to be placed on any Commission meeting agenda shall be submitted ten (10) working days in advance of the meeting. 4. The agenda for each meeting shall be developed by staff to the Commission and shall include items requested by any member of the Commission, by the Solid Waste Technical Advisory Committee, by city councils and city managers, by the Board of- Supervisors, and by staff. Items suggested by others may be placed on the agenda or may be referred to staff or committee for review and /or analysis. Questions about the appropriateness or timing of an agenda item shall be resolved by the Chairperson or Vice - Chairperson. ARTICLE V. CONDUCT OF BUSINESS Voing Five (5) members shall constitute a quorum of the Commission. Actions ' of the Commission shall be taken by majority vote. Subcommittees Subcommittees may be appointed by the Chairperson as the Chairperson deems necessary to carry out the work of the Commission. The Chairperson shall be an ex- officio member of all subcommittees. Subcommittees may be composed of representatives of public agencies, private volunteer groups and public members, but members of the Commission must make up a majority of any subcommittee. *a *a The Commission shall report to the Cities Association and the Board of Supervisors. Upon a vote of the Commission, the Commission may provide information and /or recommendations directly to city councils. The Commission shall adopt program and policy recommendations to be made to the Cities Association, City Councils, and the Board of Supervisors. The Commission shall advise the Board of Supervisors and city councils on matters of intergovernmental concern which include reviewing and recommending policies and procedures related to solid waste management planning as listed in Article II, above. In addition, members shall periodically report to their councils or boards, the Intergovernmental Council, and other local and regional agencies in order to inform other elected officials of solid waste management issues. Staff Resvonsibilities Staff shall: • Prepare and distribute agendas, agenda packets, summary minutes, reports, recommendations, and other materials; • Inform the Commission of solid waste issues and Commission responsibilities under State laws and regulations; • Act as the designated agent for the Solid Waste Commission, as requested; • Forward recommendations and decisions of the committee to the appropriate agencies and jurisdictions, and perform follow up actions, as necessary. Solid Waste Technical Advisory Committee The Solid Waste Commission shall be advised by a Solid Waste Technical Advisory Committee (TAC). TAC voting membership shall include: a. One (1) representative from each local city; b. Three (3) representatives of the County; c. One (1) representative of the Santa Clara Valley Water District; d. In addition, the Solid Waste Commission shall designate other organizations eligible to provide voting members to the TAC. Membership from other organizations shall be drawn from solid waste management representatives from the private sector, representatives of community organizations, and other organizations which have an expressed interest in solid waste management, however no member or members shall represent a single for - profit company.. The Solid Waste Commission may add or remove voting memberships for such organizations. a • a • Solid WaSte Committee Bylaws, Janu= 21,1992 Page 6 2. Each member of TAC shall serve at the pleasure of the appointing organization, terms of membership shall not be limited as long as the member remains the official designee of the eligible public agency or other organization. 3. The purpose of TAC is: a. To advise the Solid Waste Commission on technical aspects of solid waste management and policy; b. To bring together a wide spectrum of viewpoints and expertise to focus on countywide solid waste management and issues affecting individual communities; c. To assist in development of policies, programs, and revisions and amendments to countywide plans which can meet countywide needs and thus receive countywide approval; d. To provide a forum for exchange of solid waste management information; e. To inform their respective agencies and jurisdictions of issues and recommendations of TAC and the SWC, and perform follow up actions, as necessary. 4. TAC shall perform technical review to provide the Commission with the following information: a. Feasibility of technical proposals; b. Policies to achieve countywide objectives; c. Input regarding countywide consensus on solid waste issues; d. Information on general issues and specific problems in solid waste management; and e. Recommendations regarding proposed and /or needed state legislation. Robert's Rules of Order Wherever these bylaws are silent with respect to procedure, Robert's Rules of Order shall apply. Compensation Members or alternates shall be reimbursed for a maxim_ um of two (2) meetings per month at a rate established by resolution of the Board of Supervisors. Amendments Amendments to these bylaws shall be by a two- thirds (2/3) vote of the entire membership following at least seven (7) days written notice of any proposed amendment. •r co, w RESOLUTION No. I a - 0 -7, d RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA TO DESIGNATE THE SOLID WASTE COMISSION OF SANTA CLARA COUNTY AS THE SANTA CLARA COUNTY LOCAL TASK FORCE WHEREAS, Division 30, section 40950, of the California Public Resources Code requires each county in the State to convene a Local Task Force to assist in developing the city and county source reduction and recycling, and household hazardous waste elements of the Countywide Integrated Waste Management Plan prepared pursuant to Public Resources Code Section 41000 et seq, to prepare the countywide siting element required pursuant to Public Resources Code Section 41700 et seq, and to prepare other reports, plans, and elements pursuant to the Public Resources Code; WHEREAS, section 40950 further requires that membership of said Local Task Force shall be determined by the Board of Supervisors and a majority of the cities within the county which contain a majority of the population in the county; WHEREAS, in 1990 the Board of Supervisors and the cities of Santa Clara County established a Local Task force in conformance with State requirements, namely the Intergovernmental Council Solid Waste Committee; and WHEREAS, on February 11, 1992, the Board of Supervisors established the Solid Waste Commission of Santa Clara County to replace the Intergovernmental Council Solid Waste Committee, which Commission shall assume all duties and responsibilities previously assigned to the Committee; and adopted a resolution to designate the Solid waste Commission of Santa Clara County as the Santa Clara County Local Task Force; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Saratoga, State of California, in accordance with the above determinations, that the resolution to designate the Solid Waste Commission of Santa Clara County as the Santa Clara County Local Task Force is hereby approved and adopted. f goo The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on April 15, 1992, by the following vote: AYES: NOES: ABSENT: ATTEST: DEPUTY CITY CLERK �m MAYOR