HomeMy WebLinkAboutCC 4 LOCAL ENFORC AGEN 07-16-904► {
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DATE:
TO:
FROM:
SUBJECT:
JULY 16, 1990
WILLIAM A. HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
CONSENT CALENDAR NO. 4
7-16-90
Inter - Com
DESIGNATION OF LOCAL ENFORCEMENT AGENCY
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 90-
80 approving the Orange County Health Care Agency as the Local
Enforcement Agency.
BACKGROUND
Assembly Bill (AB) 939, the "California Integrated Waste Management
Act of 1989", reorganizated the state's solid waste management
process changing the focus from solid waste management to
integrated waste management. AB 939 requires each city and county
to prepare, adopt and implement a Source Reduction and Recycling
Element to divert solid waste from landfills through reduction
recycling, composting or incineration and implementation of a
household hazardous waste collection program.
The Local Enforcement Agency (LEA) was created as part of AB 939
to act as a power for solid waste handling and disposal enforcement
by either a city, county or through a JPA between a county and
cities.
The LEA is required to have expertise and be certified in one of
the following areas:
1. Permitting, inspection and enforcement of regulation at solid
waste landfills;
2. Permitting, inspection and enforcement of solid waste
incinerators;
3. Permitting, inspection and enforcement of transfer and
processing stations;
4. Inspection and enforcement of letter, order and nuisance
regulations at solid waste landfills.
The Orange County LEA was established in 1980. In May of 1989 the
California Waste Management Board determined that the Orange County
LEA was not in compliance with state regulations and the California
Waste Management Board directed the Orange County Board of
Supervisors to disband the existing LEA. In August 1989, the Board
William A. Huston
Designation of Local
July 16, 1990
Page 2
Enforcement Agency
of Supervisors designated the County Health Care Agency to replace
the original Orange County LEA.
The League of California Cities, Orange County Division has
recommended that cities support the designation of the Health Care
Agency as the new Orange County LEA.
State law requires the approval of a majority of cities with the
majority of incorporated population to approve the designation of
a LEA or changes of a LEA.
To date sixteen (16) of the twenty-nine (29) Orange County cities
have adopted either minutes or resolutions supporting the Health
Care Agency as the County Local Enforcement Agency.
Resolution No. 90-80, attached for the Council's approval, has been
modeled after a sample resolution prepared by the League of
California Cities which was designed to facilitate City approval
of the County Health Care Agency.
i
Rita Westfield Christine Shin 4 leton
Asst. Dir. Community Development Director of Communit Development
RW:CAS:mas
Attachment: Resolution No. 90-80
Community Development Department
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RESOLUTION NO. 90-80
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN SUPPORTING THE DESIGNATION OF THE
COUNTY HEALTH CARE AGENCY AS THE ORANGE COUNTY
LOCAL ENFORCEMENT AGENCY AS REQUIRED BY THE
Z'BERG-KAPILOFF SOLID WASTE CONTROL ACT OF
1976.
The City Council of the City of Tustin does hereby resolve as
follows:
I. The City Council finds and determines as follows:
A. Section 66796 of the Government Code requires
counties to designate a local enforcement agency LEA
to carry out the provisions of the Z'Berg-Kapiloff
Solid Waste Control Act of 1976; and in 1980 the
California Waste Management Board granted an
approval to the local enforcement agency designated
by the County of Orange.
B. That following an audit conducted of the Orange
County LEA in May of 1989, the California Waste
Management Board determined the Orange County local
enforcement agency was not in compliance with
Government Code Section 66796(e) and directed the
Orange County Board of Supervisors to disband the
existing LEA structure;
C. That in response to the California Waste Management
Board directive, the Orange County Board of
Supervisors voted to dedesignate the existing LEA
and to designate the County Health Care Agency as
the local enforcement agency; and
II. That state law requires that the designation of an
enforcement agency be approved by a majority of the
cities of Orange County containing a majority of the
incorporated population;
III. That in response to concern about the loss of city input
into the LEA function resulting from disbandment of the
existing agency, the Orange County Division, League of
California Cities, has secured an agreement with the
Orange County Board of Supervisors whereby the Orange
County Waste Management Commission will review each year
the budget and work program, and any changes to either
during the year, for the LEA within the Health Care
Agency; and therefore the Orange County Division, League
of California Cities, is satisfied that the agreed upon
arrangement preserves the opportunity for city input
through the Waste Management Commission while allowing
for the designation of the Health Care Agency as the
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Orange County local enforcement agency.
IV. NOW, THEREFORE, BE IT RESOLVED, that the City of Tustin
approves dedesignation of the existing local enforcement
agency and designation of the County Health Care Agency
as the Local Enforcement Agency for Orange County.
PASSED AND ADOPTED by the City Council of the City of Tustin,
at a regular meeting on the 16th Day of July 1990.
Mary Wynn
City Clerk
Richard Edgar
Mayor
c 1� t�RA`11 'E (.a:�L
(ALIF(_)I'\ I_
CITIL5 _ ENED
FF�E-1
MEMORANDUM
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June 19, 1990
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1111F:.\
TO: Orange County City Managers
(-.0ST.\ MESA
FROM: Stephanie A. Whitfield, Manager
C)
Policy Development & Legislative Services
FM \T\I\ \ALLF:1
RE: DESIGNATION OF LOCAL ENFORCEMENT AGENCY
FTLLERTO\
(;-\RF)F:\
REACH
In March, 1990, the Orange County Division notified your City Council of the
IRVINE.
status of disbandment of the Orange County Local Enforcement Agency (LEA).
BEACH
After an acceptable arrangement had been reached between the Division and the
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County of Orange, the Steering Committee recommended that cities concur with the
H:\L li_\designation
of the Health Care Agency as the Orange County LEA. The Division
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then requested each City Council to take action on the designation the LEA. A copy
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of that correspondence is attached.
\1):cIC)N \ IF.10
\F\[ ORT 13c;AC'H
State law requires the approval of a majority of cities containing a majority of the
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incorporated population before for a designation of LEA to take effect. To date, the
EXTIA
the County has confirmed receipt of resolutions from 16 cities supporting the
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designation. The purpose of this memo is to encourage the balance of the cities to
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adopt resolutions in order to put closure on the designation.
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I request those cities which have not already done so to take action (see list
attached), either by minutes or resolution, as soon as is feasible, and please notify
both the Division and the County of your Council's action on the designation.
Direct notification to the County as follows: Richard Keefe, :Manager,
Intergovernmental Relations, County of Orange, 10 Civic Center Plaza, Santa Ana,
1.I\i r \
CA. 92701. A sample resolution is enclosed for your use.
I appreciate your time and attention to this matter.
cc: Richard Keefe, County of Orange
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Coo� J a_*6r -564 -'o all C r i e s
N -larch 6, 1990
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Honorable Mayor Fred Hunt Members of the City Council
„' ENA ' "zf`
City of Anaheim
Post Office Box 32)
Anaheim, Cali is 92803
n \N \ 1>()1NT
"'"' `TAIN `' ".'.EY
Dear Mayor Hunter & Members of the City Council:
"'1 I.1 ENTO`
' "11W.N GROVY
I am writing to notify your City Council of the status of disbandment of the Orange
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County Local Enforcement Agency (LEA). The Division and the County have been
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working for some time to arrive at a mutually acceptable arrangement for
TEACH
designation of the Health Care Agency as the LEA. I appreciate the willingness of
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your City to put this issue "on hold" temporarily, and I trust you will welcome the
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Steering Commitee's recommendation contained in this correspondence.
As you may recall, an audit conducted in Nlav 1989 by the California Waste
Management Board indicated that the Orange County LE.� was not in compliance
ulations. The results of the audit led to Board of Supervisor action in
with state regdi
August 1989 to designate the County Health Care Agency to fulfill the function, in
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accordance with the arrangement of other county LEAs. Because State law requires
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the approval of a majority of cities containing a majority of the incorporated
population, the Steering Committee requested cities to wait to take action on the
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designation. The Divi Steering Commitee objected to elimination of the LEA
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without first ensuring that city input into the LEA operation would not be eliminated
`
along with the structure.
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In resconse to this concern, the Division has secured a commitment from the Board
of Supervisors to have the LEA budget and work program reviewed by the Waste
Management Commission each year. Any changes to the LEA budget or work
program during the year would be brought to the attention of the Waste
Management Commission by the Health Care Agency. This =,angement preserves
the opportunity for city input into the LEA function while meeting the State's
interest to have a County depanment responsible for solid waste enforcement.
o
The Steering Committee is satisfied with the arrangement that has been made, and
recommends that cities concur with the designation of the Health Care Agency as
the Orange Countv LEA. I encourage your City Council to take action, either by
minutes or resolution, at its earliest convenience, and please notify both the
Division and the County of your Council's decision on the designation. Direct
notification to the Countv as follows: Richard Keefe, Manager, Intergovernmental
Relations, County of Orange, 10 Civic Center Plaza, Santa Ana, CA. 92701. A
sample resolution is enclosed for your use.
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LF--\ Desi,—natiucI
March F ' 9()o
Page T%
Thank you for your time and attention to this matter. I am confident the agreement
which has been reached on the LEA designation issue will enable Orange County
cities and the County to continue their diligent and important work in this area.
Sincerely,
Patricia McGuigan
President
Councilmember, Santa Ana
cc: Orange County Board of Supervisors
Richard Keefe, CAO Office
Tom Uram, HCA Director
RESOLUTIONS NEEDED FROM FOLLOWING CITTE
Anaheim
Fullerton
Huntington Beach
La Habra
Mission Viejo
Orange
San Juan Capistrano
Santa Ana
S al Beach
Stanton
Tustin
Westminster
Yorba Linda
RESOLUTIONS RECEIVED FROM FOLLOWING CITIES:
Brea
Buena Park
Costa Mesa
Cypress
Dana Point
Fountain Valley
Garden Grove
Irvine
Newport Beach
Laguna Beach
Laguna Niguel
La Palma
Los Alamitos
Placentia
San Clemente
Viiia Park
RESOLUTION OF
THE CITY OF
TO SUPPORT DESIGNATION OF THE COUNTY HEALTH CARE AGENCY
AS THE ORANGE COUNTY LOCAL ENFORCEMENT AGENCY
AS REQUIRED BY THE Z'BERG-KAPILOFF SOLID WASTE CONTROL
ACT OF 1976
WHEREAS, Section 66796 of the Government Code requires counties to designate a local
enforcement agency LEA to carry out the provisions of the Z'Berg-Kapiloff Solid Waste Control
Act of 1976; and
WHEREAS, in 1980 the California Waste Management Board granted an approval to the
local enforcement agency designated by the County of Orange; and
WHEREAS, following an audit conducted of the Orange County LEA in May of 1989, the
California Waste Management Board determined the Orange County local enforcement agency was
not in compliance with Govern,-nent Code Section. 66 7 96(e) and directed the Orange County Board
of Supervisors to disband the existing LEA structure; and
WHF-REAS, in response to the California Waste Management Board directive, the Orange
County Board of Supervisors voted to dedesianate the existing LEA and to designate the County
Health Care Agency as the local enforcement agency; and
WHEREAS, state law requires that the designation of an enforcement agency be approved
by a majority of the cities of Orange County containing a majority of the incorporated population;
and
WHEREAS, in response to concern about the loss of city input into the LEA function
resulting from disbandment of the existing aaencv, the Orange County_ Division, League of
California Cities, has secured an agreement with the Orange County Board of Supervisors
whereby the Orange County Waste ylanaaement Commission will review each year the budget and
work program, and any changes to either during the year, for the LEA within the Health Care
Agency; and r r
V I
WHEREAS, the Orange County Division, League of California Cities, is satisfied that the
agreed upon arrangement preserves the opportunity for city input through the Waste Management
Commission while allowinff for the designation of the Health Care Agency as the Orange County
local enforcement agency. r
NOW, THEREFORE, BE IT RESOLVED, that the City of _ approves
dedesianation of the existing local enforcement aaencv and designation of the County Health Care
Agency as the Local Enforcement Agency for Orange County.
PASSED AND ADOPTED, this Day of 1990.