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CITY OF SAN BERN....ADINJ~EQUEST F'-'A COUNCIL ACTION
From:
MARSHALL W. JULIAN
City Admi~istrator
Subject: Solid Waste Task Force
Implementation of AB 939
O.....t:
Date:
March 12, 1990
Synopsis of Previous Council action:
2/5/90 Adopted resolution recommending composition of Task Force.
Recommended motion:
:hat the resolution proposed by the Board of Supervisors re: composition
of the membership of the Task Force required by Ab 939 be tabled and
that a letter be sent to the Board of Supervisors recommending that a
meeting of elected representatives of the County and the Cities be
scheduled to develop an appropriate Task Force.
Contact person:
Marsha 11 W. .Tll1i ;m
Phone: 5122
Supporting data attached: yes
Ward:
FUNDING REOUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. DescriPtion)
Finance:
('-'lOcil Notes:
-.1:. lI"\~iIC~
Agenda Item No
~'1
CITY OF SAN BERtf)(ADINO - REQUEST FuR COUNCIL ACTION
STAFF REPORT
The attached resolution from the Board of Supervisors
proposes a revised composition for the AB 939 Task Force. The
Board is recommending that the cities (including the City of
San Bernardino) change their position relative to the make-up
of the Task Force (see attached Resolution 90-45, adopted
2/5/90).
The Board of Supervisors is
composition for the Task Force:
proposing the following
A.
An elected official from
appointed by the cities
City Selection Committee.
each City in the county,
and/or designated by the
B. The 5 members of the Board of Supervisors.
C. One of the Supervisors shall always be Chairman.
D. The elected officers shall appoint a public member
from each of the following special categories...
1. Recycling industry or expert.
2. Water/Wastewater District.
3. Environmental organization.
4. Waste industry organization.
5. Industry at-large.
6. Public-at-large.
7. Public-at-large.
8. Community Services District.
9. Community Services District.
10. Agriculture.
This proposal seeks to establish a 37-member Task Force,
which is clearly unworkable. The proposal, additionally,
provides that the Chairman be a member of the Board of
Supervisors, rather than be selected by the Task Force.
The proposal also delineates specific Sub-committees and
assumes the adoption of existing By-Laws and policies.
AB 939 was adopted to require the solving of identified
problems relative to the recycling and disposal of solid
waste at the local level. A new organization, at the State
level, has been established to administer the program. New
organizations (Task Forces) have been mandated for each
county. AB 939 contemplates a dedicated, responsible
approach by each County and each City.
The AB 939 TAsk Force should deal with the requirements
levied' on the public jurisdictions. The Task Force should
select its own officers and establish its own rules. Most of
the structure is already in-place and will require minimal
revision. The Cities and County should take advantage of the
experience and investment which we currently have in the
75-0264
system.
Groups, companies and associations concerned/involved with
recycling/disposal of solid waste are essential to the
process. They are participants by definition. The public
jurisdictions need their input, their advice and expertise.
The organizations will be participating for the furtherance
of their goals and objectives, financial stability and
personal interest in their respective communities. This does
not mean that each organization should have a voting
membership on the Task Force.
The voting public has already chosen elected officials from
22 cities and 5 Supervisorial Districts to represent them.
Even limiting the Task Force to 27 will create a body which
will require an executive committee, fiscal review committee,
etc. in order to function. It may be determined necessary to
appoint a number of Advisory Committees, depending on the
issues which develop. There will be more than enough
challenges for all concerned.
The resolution adopted by the Board of Supervisors is one
approach: it does not, however, fully address the matter.
This is not a matter capable of solution by correspondence.
It is recommended that the Mayor and Common Council go on
record as endorsing a meeting of elected representatives from
each of the Cities, with two members of the Board of
Supervisors, to work out a solution on a face-to-face basis.
,
Ij}J~!2;{j]./ ~'ii4~
~lui.t,L w :"'- JULIAN
cIty Admini~rator
MWJ/md
iSoarb of ~uptrui.6or.6
<:!rountl1 of ~an iStrnarbino
Enbtrt ~. ]l{ammork
Supervisor. Fifth District
GINGER L. RICE
Executive Assistant
JO ANNE M. WilLIAMS
Administrative Assistant
March 5, 1990
The Honorable Mayor W.R. (Bob) Holcomb
Mayor, City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
comb ~~
~~\ 0 8 \99G
The San Bernardino ounty Board of Supervisors has approved a
plan for the formation of the new Solid Waste Task Force mandated
by AB 939. This plan is reflective of the cities concerns for a
strong voice in the solid waste planning process, and incorporates
many of the recent City recommendations while still recognizing
the County's responsibility for preparation of the mandated
Integrated Waste Management Plan and its need to provide adequate,
modern waste handling facilities.
I believe it is vital, in this time of waste management change
and challenge, for us to join together in the spirit of cooperation
for our mutual benefit. To find solutions and comply with the
many mandates of AB 939, the cities and the county must find new
avenues to work together creatively developing needed recycling,
source reduction and facility siting elements. In addition, the
new Task Force will be called upon to contribute its understanding
and expertise in addressing a variety of other local solid waste
issues.
Attached is the Board approved configuration of the Task Force
for presentation to your Council for their approval and the
appointment of your city's representative (Attachment 1). For
your convenience, a sample resolution has also been included
(Attachment 2). Pertinent sections of AB 939 are also enclosed
for informational purposes (Attachment 3).
I look forward to joining you in implementing the far-reaching
goals of AB 939 and urge you to contact the Solid Waste Management
Department by calling JoAnn Wilson at 387-0115 at your earliest
convenience with you resolutions and appointments, so that the
Task Force meeting arrangements may be expeditiously scheduled.
Sincerely,
t:d 6-1-
ROBERT L. HAMMOCK
County Supervisor
Fifth District
San Bernardino County Government Center. 385 North Arrowhead Avenue. San Bernardino. CA 92415-0110 . (714) 387-4565
ATTACHMENT 1
REVISED
EXHIBIT AA
(The terms as adopted in the February 12, 1990, action of the
Board are revised as noted)
SWAC/SWTF PROPOSAL RECOMMENDED FOR REVIEW AND APPROVAL
Proposed membership of
Counc il and the AB 939
follows:
the combined Solid Waste Advisory
Solid Waste Task Force shall be as
Governmental Representatives:
Elected city officials, to be appointed by each city and/or
designated by the City Selection Committee.
Appoint all members of the County Board of Supervisors to the
SWAC/SWTF, one (1) of which shall serve as Chairman.
Public and Professional Representatives (10):
In addition to the above governmental members, the following
public and professional membership: 7 t!e-~-a~~e!:ftt!el!i--by--t!fte
SWAefS~p-efte!:rMeft7-w!:t!ft-t!fte-eefteeft~e~-t!fte-Beerl!i-e~-Sa~er~!:eere7
!:e-~re~eeel!i-ee-~e~~ewe~
1 - Recycling industry or expert
1 - Water/Wastewater district
1 - Recognized environmental organization
1 - Waste industry organization
1 - Industry-At-Large
2 - Public-At-Large
2 - Community services districts
1 - Agriculture
The public and professional representatives
by the elected officials representing
membership of the AB 939 Task Force.
shall be appointed
the governmental
Administrative and Staff Support:
The Solid Waste Management Department shall provide technical
adv;ie and administrative support.
The Department of Environmental Health Services as Local
Enforcement Agency shall provide technical advi~.
Subcommittees:
STANDING SUBCOMMITTEES SHALL BE:
Recycling and Source Reduction Subcommittee:
Facility Siting Subcommittee: and
Regulatory Compliance Subcommittee
ATTACHMENT 1 (CONT'D)
Revised Exhibit AA
Page 2
AD HOC SUBCOMMITTEES SHALL INCLUDE:
Fiscal Review Subcommittee
The subcommittees shall be comprised of members of the SWAC/-
SWTF and/or other representatives, as officially designated by
the SWAC/SWTF. Appointed members may designate a staff member
of the represented organization to serve in their place on a
subcommittee.
Rules and Policies:
Existing SWAC By-Laws and policies will continue to serve as
guidelines for the new SWAC/SWTF with the following additions:
h'--B*Y*s*eft--e~--1\~'\!e--~~_ Ai 11 -~lT--~:!'--~eYerft!l\eft~a~
ee!l\~~*!I\eft~--v~~~--~licfpr&f~ssional-~~~~ftt~---Afty
!I\eeer-e-f--t:+te- task -~~-ea~~-.fe!!'-~~.--.lpfte.-Ye~e
!I\12S~-ee!!'ry-~ !I\a~~-efte. go pe.rnftl~n~~-eemp~!:!fteft~-~er
~fte-!I\e~!:eft-~e-8e-earr*es~
i. City appointed membership will be by individual appointment
from each city, or by appointments of the City Selection
Commi ttee, and will not require approval by the Board of
Supervisors.
ATTACHMENT 2
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF APPROVING MEMBERSHIP OF A SOLID
WASTE TASK FORCE REQUIRED UNDER A.B. 939 AND
DESIGNATING A REPRESENTATIVE AND ALTERNATE
FROM THE CITY OF
WHEREAS, section 409540 of A. B. 939 provides that on or
before March 1, 1990, each county "shall convene a task force to
assist in coordinating the development of city source reduction
and recycling elements and to prepare the countywide siting
element"; and,
WHEREAS, the membership of the 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; and,
WHEREAS, membership may include representatives of the solid
waste industry, environmental organizations, general public,
special districts, and affected governmental agencies; and,
WHEREAS, each city within the county is an affected
governmental agency under A.B. 939.
NOW THEREFORE BE IT RESOLVED THAT;
SECTION 1: The City Council of the City of
approves the Task Force required under section 409540 of A.B. 939
as shown in Attachment No.1.
SECTION 2:
shall be
The representative for the city of
I HEREBY CERTIFY that the foregoing Resolution was duly and
regularly passed and adopted by the City Council of the city of
, California, at a regular meeting thereof held on the
day of , 1990.
CITY CLERK OF THE CITY OF
, CALIFORNIA
ATTACHMENT 3
CA AB 939
09/28/89
Page 18
PART 2. INTEGRATED WASTE MANAGEMENT PlANS
CHAPTER 1. PlAN PREPARATION
Article 1. Legislative Findings
40900. (a) The Legislature finds that integrated waste management
plans prepared and adopted by local agencies shall conform, to the
maximum extent possible to the policies and goals established under
Article 1 and Article 2 of this division.
(b) The Legislature finds that decisions involving the
establishment or expansion of solid waste facilities should be guided
by an effective planning process, including meaningful public and
private solid waste industry participation.
(c) The Legislature declares that if is the policy of the state and
the intent of the Legislature that each state, regional, and local
agency concerned with the solid waste facility planning and siting
process involve the public through public hearings and informative
meetings and that, at those hearings and other public forums, the
public be granted the opportunity to respond to clearly defined
alternative objectives, policies, and actions.
(d) The Legislature further declares that it is the policy of the
state and the intent of the Legislature to foster and encourage
private solid waste enterprises. In furtherance of that policy, it is
the intent of the Legislature that each state, regional, and local
agency concerned with the solid waste facility planning and siting
process involve the private solid waste industry.
Article 2. Local Task Forces
40950. (a) On or before March 1, 1990, and every five years
thereafter, each county, which is not a city and county, shall convene
a task force to assist in coordinating the development of city source
reduction and recycling elements prepared pursuant to Article 1
(commencing with Section 41000) of Chapter 2 and to prepare the
countywide siting element required pursuant to Chapter 4 (commencing
with Section 41700).
(b) The membership of the task force shall be determined by the
board of supervisors and a majority of the cities within the county
which contai~ a majority of the population in the county and may
include representatives of the solid waste industry, environmental
organizations, general public, special districts, and affected
governmental agencies.
(c) To ensure a coordinated and cost-effective regional recycling
system, the task force shall do all of the following:
(1) Identify solid waste management issues of countywide or
regional concern.
CA AB 939
ATTACHMENT 3 (Cont'd)
09/28/89
Page 19
(2) Determine the need for solid waste collection systems,
processing facilities, and marketing strategies that can serve more
than one local jurisdiction within the region.
(3) Facilitate the development of multijurisdictional arrangements
for the marketing of recyclable materials.
(4) To the extent possible, facilitate resolution of conflicts and
inconsistencies between or among city source reduction and recycling
elements.
(d) The task force shall develop goals, policies, and procedures
which are consistent with guidelines and regulations adopted by the
board, to guide the development of the siting element of the
countywide integrated waste management plan.
CHAPTER 2. CITY SOURCE REDUCTION AND RECYCLING ELEMENTS
Article 1. Requirements
41000. (a) On or before July 1, 1991, each city shall prepare,
adopt, and, excepting a city and county, submit to the county in which
the city is located a source reduction and recycling element which
includes all of the components specified in this chapter and which
complies with the requirements specified in Chapter 6 (commencing with
Section 41780),
41001. The city source reduction and recycling element shall
include a program for management of solid waste generated within the
city, consistent with the waste management hierarchy provided in
Section 40051.
41002. The city source reduction and recycling element shall place
primary emphasis on implementation of all feasible source reduction,
recycling, and composting programs while identifying the amount of
landfill and transformation capacity that will be needed for solid
waste which cannot be reduced at the source, recycled, or composted.
41003. Each city source reduction and recycling element shall
include, but is not limited to, all of the following components for
solid waste generated in the jurisdiction of the plan:
(a) A waste characterization component.
(b) A source reduction component.
(c) A recycling component.
(d) A composting component.
(e) A solid waste facility capacity component.
(f) An education and public information component.
RESOLUTION
~ .,..
!fO-4-::J
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RESOLUTION OF THE CITY
MEMBERSHIP OF A SOLID WASTE TASK
AND DESIGNATING A REPRESENTATIVE
SAN BBRlfARDINO.
OF SAN BERNARDINO APPROVING
FORCE REQUIRED UNDER A.B. 939
AND ALTERNATE FROM THE CITY OF
3 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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5
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WHEREAS, Section 409540 of A. B. 939 provides that on or
before March 1, 1990, each County shall convene a Task Force to
assist in coordinating the development of city source reduction
and recycling elements; and,
WHEREAS, the membership of the 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; and,
WHEREAS, membership may include representatives of the
solid waste industry,
environmental organizations, general
public, special districts, and affected governmental agencies:
and,
WHEREAS, each City within the county is an affected
governmental agency under A.B. 939;
NOW, THEREFORE, the City council of the City of San Ber-
nardino resolves as follows:
SECTION 1.
The
City Council of the City of San
Bernardino approves the membership of the Task Force required
under Section 409540
B. 939
only to consist of one
of A.
elected official,
from
each
representative,
who is
an
incorporated city within the county and one representative from
each county supervisorial district,
and provides that each.
representative may be represented in turn by an alternate who
need not be an elected official; and,
RESOLUTION APP~OVING MDlBERSHIP OF A SOLIO r'iASTE TASK FORCE
REQUIRED UNDE: ..B. 939 AND DESIGNATING A PRESENTATIVE AND
ALTERNATE FROM THE CITY OF SAN BERNARDINO.
SECTION 2. Representatives of the solid waste industry,
1
2
3
4
5
6
environmental organizations,
general
public
and
special
'-,
di.tzi~. shall not have voting status as a member of the Task
Force, but may, as determined by the Task Force, be included as
participants of the technical subcommittees of the Task Force.
SECTION 3. The elected representative for the City of
San Bernardino shall be /iUVt"/L ,/I~~/&Ze /ltLq:=:;e, . The
Alternate representative shall be ~/-#YCR~ /c/ -2 &CO""7B
7
8
9
10
11
SECTION 4.
All elected officers of the Task Force
including Chairman and Vice-Chairman, shall be determined by the
members of the Task Force.
I HEREBY CERTIFY that the foregoing resolution wa~ duly
~.
12 adopted by the Mayor and Common Council of the City of San
13 Bernardino at
meeting thereof,
held on the
a
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, 1990, by the following vote, to
day of
wit:
Council Members:
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
/ / / / /
/ / / / /
/ / / / /
/ / / / /
/ / / / /
/ / / / /
/ / / / /
/ / / / /
AYES
~
ABSTAIN
51N,f 1" ~ d~(.
! Uci Clerk
2
RESOLUTION AF ,OVING MEMBERSHIP OF A SOLT WASTE TASK FORCE
REQUIRED UNDb A.B. 939 AND DESIGNATING A ~EPRESENTATIVE AND
ALTERNATE FROM THE CITY OF SAN BERNARDINO.
,j
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2
3
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'-'!'hr. ~oregoing resolution
is hereby
approved
this
day of
, 1990.
w. R. HOLCOMB, Mayor
City of San Bernardino
i
Approved as to form
and legal content:
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JAMES F. PENMAN
City Attorney
,
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