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Home My WebLink About04-15-1992 City Council staff report (2)AL C� A �AR9 T �� CITY Ron SARATOGA DATE: 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 (408) 867 -3438 April 15, 1992 COUNCIL MEMBERS: Karen Anderson Martha Clevenger Willem Kohler Victor Monia Francis Stutzman CATEGORY: New Business TO: Mayor, City Council Members FROM: Environmental Programs Manager RE: Resolution Approving the Designation of the Santa Clara County Division of Environmental Health as the Enforcement Agency for Cities within the County (Exclusive of the City of San Jose) RECOMMENDATION• Adopt Resolution Approving the Designation of the Santa Clara County Division of Environmental Health as the Enforcement Agency for Cities within the County (Exclusive of the City of San Jose) as required by Section 43202 and 43203 of the Public Resources Code (Solid Waste Regulations). BACKGROUND AND DISCUSSION: Title 14 of the California Code of Regulations, Division 7, Chapter 5, which was developed pursuant to Public Resources Code Section 43200 consists of the Local Enforcement Agency (LEA) Designation and Certification Regulations. These regulations were adopted Management Board ( CIWMB) as Management Act of 1988. by the California Integrated Waste a result of the Integrated Waste According to the regulations, all jurisdictions, are, required to either re- designate the existing LEA or designate a new LEA. This was to be accomplished by submitting to the CIWMB a letter of affirmation or a complete Designation Information Package (DIP). Failure to designate an LEA could result in the State becoming the enforcement agency. Printed on recycled paper. • • Mayor, City Council Members April 15, 1992 Page 2 • 10 Only jurisdictions that have permitted solid waste facilities within their jurisdictional boundary can serve as LEA. Designated LEAs must submit an Enforcement Program Plan, request certification as an LEA and appoint a hearing panel.. The former regulations allowed a co -LEA system wherein the cities enforced non - health sections of the law and the Santa Clara County Health department enforced health related sections. The City of Saratoga is one of the 12 city co -LEAs in Santa Clara County. The cities of Palo Alto, Sunnyvale and Mountain View have recently designated the County Health Department as sole LEA. The co -LEA system has been satisfactory for Saratoga, however, the current regulations no longer provide for a shared responsibility. Instead, the regulations now require a sole LEA that will enforce both health and non - health sections of the law. After extensive review and discussion of the available options to designate an LEA by the cities staff, there was consensus that the most effective method was to have the Board of Supervisors designate an LEA to carry out provisions of the law on a countywide basis. This is then subject to the approval by the majority of the cities within the County which contain a majority of the population of the incorporated areas of the county. At its meeting of January 21, 1992 the Saratoga City Council expressed its interest in designating the County of Santa Clara as its Solid Waste LEA. On March 24, 1992, the Santa Clara County Board of Supervisors designated, by resolution, the County Division of Environmental Health as the countywide solid waste LEA. A copy of the Resolution is attached. FISCAL IMPACT• Currently, Environmental Health Services is the sole LEA in the unincorporated areas of the County and in the cities of Palo Alto, Sunnyvale and Mountain View and is co -LEA for all other cities. Funding from enforcement fees is in place - $0.29 per ton at the landfills. For FY1992 -93 the County expects to revise this fee structure to provide for funding for the new LEA enforcement fees will not be received from the City of San Jose. ATTACHMENTS: 1. Resolution of the Board of Supervisors of the County of Santa Clara Designating an Enforcement Agency to Carry out the Provisions of the California Integrated Waste Management Act of 1989. • • Mayor, City Council Members April 15, 1992 Page 3 •o 2. Resolution of the City Council of the Approving the Designation of the Santa Clara Environmental Health as Enforcement Agency for County (Exclusive of the City of San Jose) PREPARED BY: Isabel S. Glo P. . Environmental Programs Manager APPROVED BY e.;Vj, arry . Peacock City Manager ISG:mzl City of Saratoga County Division of Cities Within the t • • • • RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA DESIGNATING AN ENFORCEMENT AGENCY TO CARRY OUT THE PROVISIONS OF THE CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 WHEREAS Ca.lifornia Public Resources Code Section 43202 provides that there may be designated in each county an enforcement agency to carry out the provisions of Public Resources Code, Division 30; and WHEREAS, pursuant to Public Resources Code Section 43203 the Board of Supervisors may designate an enforcement agency to carry out Division 30 in the county subject to the approval of a majority of the cities within the county which contain the majority of the population in the incorporated areas of the county. WHEREAS, the DIVISION OF ENVIRONMENTAL HEALTH of the County of Santa Clara possesses the required technical expertise, staff resources, budget resources and training to carry out the enforcement program mandated by the California Integrated Waste Management Act of 1989; and WHEREAS, there exists at least one permitted solid waste facility within the jurisdiction of the County of SANTA CLARA; and WHEREAS, California Public Resources Code Section 44800 provides that all hearings required to be conducted under Division 30, Part 4, Chapter 4 or. Part 5, Chapter 1 (45000 et seq.) of the Public Resources Code, shall be heard by a hearing panel appointed by the local governing body of the designated enforcement agency, which may appoint itself as hearing panel; and NOW, THEREFORE, BE IT BY THIS BOARD RESOLVED that pursuant to Public Resources Code 43203 (a), the DIVISION OF ENVIRONMENTAL HEALTH of the County of Santa Clara is designated as the Enforcement Agency to carry out the provisions of Public Resources Code, DIVISION 30 in the County of SANTA CLARA EXCEPT IN INCORPORATED CITY OF SAN JOSE; and •• •e BE IT BY THIS BOARD FURTHER RESOLVED that if a majority of the cities containing the majority of the population in the incorporated areas of the county fails to sustain this designation,,or if, as a result of the withdrawal of the concurrence of one or more cities, the required sustaining majority ceases to exist, then pursuant to Public Resources Code, Section 43203 (d), the DIVISION OF ENVIRONMENTAL HEALTH of the County of Santa Clara is designated as the Enforcement Agency to carry out the provisions of the Public Resources Code, Division 30 in the unincorporated areas of the County of Santa Clara County. BE IT BY THIS BOARD FURTHER RESOLVED that the Board of supervisors of the county of Santa Clara, being the local governing body, shall serve as the hearing panel pursuant to Section 44800 of the Public Resources Code. Passed and adopted by the Board of Supervisors of.the County of Santa Clara, State of California on MAR 24 1992 by the following vote: Ayes: Supervisors DIFUDM, GONZALES, HONDA, LOFGREN, MCKENNA Noes: Supervisors NONE Absent: Supervisors NONE Attest: Donald M. Rains, Clerk Board of Supervisors 71 APPROVED AS TO FORM AND L GALITY: C4 KATHY KRETCH ER Deputy County Counsel Zoe Boa d ren, Clrperson Super sors The foregoieg lestrumem is e correct copy of the edglool TTEST: DONAW M. RAINS Cterk e1 0 A �CFM CLEW 4 { • • 0 • RESOLUTION NO. 9a - b 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA .APPROVING THE DESIGNATION OF THE SANTA CLARA COUNTY DIVISION OF ENVIRONMENTAL,HEALTH AS ENFORCEMENT AGENCY FOR CITIES WITHIN THE COUNTY (EXCLUSIVE OF THE CITY OF SAN JOSE) WHEREAS, The County of Santa Clara and its incorporated cities are required' by Sections 43202 -03 of the Public Resources Code to designate an enforcement agency to carry out the provisions of the California Integrated Waste Management Act of 1989; and WHEREAS, the Santa Clara County Division of Environmental Health possesses the required capabilities in environmental health and solid waste management to implement the California Integrated Waste Management Act of 1989 and the regulations and ordinances that have been and will be adopted pursuant thereto; and WHEREAS, the Santa Clara County Division of Environmental Health has been given sufficient personnel and an adequate budget to carry out the enforcement program specified by law; and WHEREAS, 'it is the understanding of this City Council that the County of Santa Clara and a majority of the cities within the county containing a majority of the population of the incorporated area of the County of Santa Clara (exclusive of the City of San Jose) intend to designate the Santa Clara County Division of Environmental Health as the enforcement agency for the county and all cities contained within the county (exclusive of the City of San Jose); NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby approves the designation of the Santa Clara County Division of Environmental Health as the enforcement agency for the county and all cities contained within the county (exclusive of the City of San Jose), pursuant to Sections 43202- 03 of the Public Resources Code. The above and foregoing resolution was passed and adopted at a regular meeting of the City Council of the City of Saratoga held on the 15th day of April, 1992, by the following vote: AYES: NOES: ABSENT: ATTEST: DEPUTY CITY CLERK MAYOR