Item 18 Staff Report Adopt Resolution Designating the County of Santa Clara as the Town's Solid Waste Management Local Enforcement AgencyTOWN OF LOS GATOS
COUNCIL AGENDA REPORT
DATE: May 28, 1992
TO: MAYOR AND TOWN COUNCIL
FROM: TOWN MANAGER
SUBJECT:
COUNCIL AGENDA
DATE: 6-1-92
ITEM NO. /
ADOPT RESOLUTION DESIGNATING THE COUNTY OF SANTA CLARA AS THE
TOWN'S SOLID WASTE MANAGEMENT LOCAL ENFORCEMENT AGENCY
RECOMMENDATION:
Adopt the attached resolution designating the Santa Clara County Division of Environmental Health as the
Town's Solid Waste Management Local Enforcement Agency.
BACKGROUND:
A draft resolution designating the County Division of Environmental Health as the Town's Solid Waste
Management Local Enforcement Agency was presented to Council on May 4, 1992, for its consideration.
Staff was directed to place discussion of the item on the next West Valley Mayors' and Managers' meeting
to determine: 1) action taken by the other municipalities; and, 2) alternative LEA's.
The State has recently adopted new Solid Waste Regulations regarding the designation and certification of
Local Enforcement Agencies (LEA). LEA's carry out and enforce all solid waste management laws and
regulations. The new regulations require all jurisdictions to either re -designate the existing LEA or designate
a new LEA. Failure to designate an LEA will result in the state's becoming the enforcement agency and a
loss of local enforcement.
DISCUSSION:
Vice -Mayor Benjamin and staff attended the May 20, 1992, Mayors' and Managers' meeting. All other West
Valley municipalities have adopted resolutions designating the County as their LEA. All jurisdictions chose
to designate the County rather than the State, based on service and cost. The Town does not meet the
eligibility criteria to serve as an LEA; private contractors do not meet the criteria either.
According to County Staff, all municipalities in the County except Los Gatos and San Jose have designated
the County as their LEA. San Jose is applying for certification as its own LEA. Council can either adopt the
draft resolution designating the County as our sole LEA or do nothing and have the California Integrated
Waste Management Board make the designation based on the approval from the majority of the cities.
PREPARED BY: Regina A. Fal
Community S
RAF:dr
CSD013:\CNCLRPTS\LOCALENF.AG2
ATTACHMENT: Draft Resolution
s Director
5/28/92 10:20 am
File #
DISTRIBUTION: Antone Pacheco, Program Manager, County of Santa Clara Health Department, 2220
Moorpark Avenue, San Jose CA 95128
Reviewed by: r Attorney Clerk _Finance Treasurer
COUNCIL ACTION/ACTION DIRECTED TO:
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: ADOPT RESOLUTION DESIGNATING THE COUNTY OF SANTA CLARA AS THE TOWN'S SOLID
WASTE MANAGEMENT LOCAL ENFORCEMENT AGENCY
May 28, 1992
FISCAL IMPACT:
The cost of the County LEA program is estimated at $321,483; Los Gatos' share will be approximately
$2,800. Any fees levied at the landfill are passed on to the customer. Allocation of costs and collection
of revenue are still being negotiated. If not, another agency can be designated. It is anticipated that the
City of San Jose will be increasing fees charged at the landfill to cover their LEA costs. In addition, it is likely
that the County will increase fees to provide LEA services to the participating jurisdictions.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DESIGNATING THE SANTA CLARA COUNTY
DIVISION OF ENVIRONMENTAL HEALTH
AS THE LOCAL 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 Town 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 local enforcement agency
for the County and all cities contained within the County
(exclusive of the City of San Jose);
CSD08:A:\RESOS\CS060192.R01
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NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS: that it hereby approves the
designation of the Santa Clara County Division of Environmental
Health as the local 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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 1st day
of June, 1992, by the following vote:
COUNCIL MEMBERS:
AYES:
NAYES:
ABSENT:
ABSTAIN:
SIGNED:
ATTEST:
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS060192.R01
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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RESOLUTION 1992-102
RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS
DESIGNATING THE SANTA CLARA COUNTY
DIVISION OF ENVIRONMENTAL HEALTH
AS THE LOCAL 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 Town 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 local enforcement agency
for the County and all cities contained within the County
(exclusive of the City of San Jose);
CSD08:A:\RESOS\CS060192.102
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NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
DOES HEREBY RESOLVE AS FOLLOWS: that it hereby approves the
designation of the Santa Clara County Division of Environmental
Health as the local 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.
PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Los Gatos, California, held on the 1st day
of June, 1992, by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton
Mayor Eric D. Carlson
NAYES: Brent N. Ventura
ABSENT: None.
ABSTAIN: None.
SIGNED:
ATTEST:
/s/
/s/ Marian V. Cosgrove
CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
CSD08:A:\RESOS\CS060192.102
Eric D. Carlson
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
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