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C. 25
To: Board of Supervisors
From: INTERNAL OPERATIONS COMMITTEE
Date: February  28, 2023
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: RECOMMENDATION FOR APPOINTMENTS TO THE HAZARDOUS MATERIALS COMMISSION

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   02/28/2023
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Diane Burgis, District III Supervisor
Ken Carlson, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Julie Enea (925) 655-2056
cc: CAO (Enea)     Health Services    
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     February  28, 2023
Monica Nino, County Administrator
 
BY: , Deputy

 

RECOMMENDATION(S):

  
1. CONSIDER recommending to the Board of Supervisors the following appointments to the Hazardous Materials Commission, and:  

  



RECOMMENDATION(S): (CONT'D)
Nominee Seat New Term  
Expiration
Sponsor
Fred Glueck Business #1 12/31/26 West Co Council of Industries
Aaron Winer Business #1 Alternate 12/31/26 West Co Council of Industries
Drew Graham Business #3 12/31/24 CC Taxpayers Association
Anthony Tave Mayors Conference #1 12/31/26 CC Mayors Conference
Terry Baldwin Labor #1 Alternate 12/31/26 CC Building Trades
  
  
2. CONSIDER changing extending the current term of the Environmental Justice and Environment Justice Alternate seats by one year to expire on December 31, 2025 with no change to the future terms of office of four years, to improve the balance of term staggering among the Commission seats

FISCAL IMPACT:

No fiscal impact.

BACKGROUND:

The Hazardous Materials Commission was established in 1986 to advise the Board, County staff and the mayors, council members, and staffs of the cities within the county, on issues related to the development, approval, and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a Hazardous Materials Storage and Transportation Plan and Ordinance, coordinating the implementation of the Hazardous Materials Release Response Plan and inventory program, and analyzing and developing recommendations regarding hazards materials issues with consideration to broad public input, and reporting back to the Board on Board referrals.  
  
Business Seats. The terms of Business #1 Seat and Business #1 Alternate Seat expired on December 31, 2022. Business #3 Seat was declared vacant by the Board of Supervisors on December 6, 2022 due to the resignation of Don Bristol.  
  
The by-laws of the Hazardous Materials Commission provide for three (3) representatives of business, nominated as indicated below, screened by the Internal Operations Committee, and appointed by the Board of Supervisors:  
  
• Business #1 Seat - to be nominated by the West County Council of Industries.  
• Business #2 Seat - to be nominated by the Industrial Association.  
• Business #3 Seat - to be nominated by the Contra Costa Taxpayers Association.  
  
The West County Council of Industries has nominated for reappointment Fred Glueck for the Business #1 Seat and Aaron Winer for the Business #1 Alternate Seat. Their applications and letters of support are attached. The terms for these seats will expire on December 31, 2026.  
  
The Contra Costa Taxpayers have nominated Drew Graham for Business #3 Seat. His application and letter of support are attached. The term for this seat will expire on December 31, 2024.  
  
Mayor's Conference Seats. The terms of the Mayors Conference #1 Seat and Mayors Conference #1 Alternate Seat expired on December 31, 2022. The by-laws of the Hazardous Materials Commission provide for three (3) representatives of cities, appointed by the City Selection Committee pursuant to Article 11 (§50270 et seq.) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The Mayors Conference has nominated Anthony Tave, City of Pinole Councilmember, for Seat #1. They have not nominated an alternate yet. Mr. Tave's application and letter of support are attached. The term for this seat will expire on December 31, 2026.  
  
Labor Seats. The terms of the Labor #1 Seat and Labor #1 Alternate Seat expired on December 31, 2022. The bylaws of the Hazardous Materials Commission provide for two (2) labor representatives, nominated by labor organizations, screened by the Internal Operations Committee, and appointed by the Board of Supervisors. The Contra Costa Building Trades have nominated for reappointment Terry Baldwin for the Alternate Seat. They have not forwarded a nomination for the primary seat yet. Mr. Baldwin's application and letter of support are attached. The term for this seat will expire on December 31, 2026.  
  
Environmental Justice Seats. Due to the recent elimination of one Environmental Organization seat, the creation of an Environmental Justice seat and the addition of a third Mayors Conference seat, the staggering of term expiration dates for Commission seats has become unbalanced. Currently, 4 seats will expire at the end of 2023, 5 seats will expire at the end of 2024, only 2 seats will expire at the end of 2025, and 3 seats will expire at the end of 2026. This imbalance can potentially lead to significant turnover of Commissioners at the end of 2024. This can diminish the institutional knowledge of the Commission, interrupt progress towards Commission goals, and upset the balance on the Commission.  
  
As a remedy, the Commission voted unanimously on December 8, 2022 to request that the Internal Operations Committee of the Board of Supervisors support changing the expiration date of the Environmental Justice seat and Alternate from the end of 2024 to the end of 2025. This change will result in 4 seats expiring at the end of 2023, 4 seats expiring at the end of 2024, 3 seats expiring at the end of 2025, and 3 seats expiring at the end of 2026; thus creating a more equal number of seats expiring at the end of each year and addressing the problems discussed in the previous paragraph. The incumbent of the Environmental Justice seat is amenable to extending her term by one year. The Alternate seat was recently vacated and is being recruited.

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