HomeMy WebLinkAbout92-018 Memorandum of Understanding Bet. The City & Co. Concerning Sta. Clara Co. 92-018 MEMORANDUM OF UNDERSTANDING BET. THE
CITY & CO. CONCERNING STA. C1-ARA CO.
County-of Santa Clara C'OuAy
1Dkt1)arI7-,jcnf of Plzmnffl�'and Developit WIli
office of Toxic".al Id Solid waste NI!, nagcn wl it
1;35 1 N I Street.Sui ,27 Otth Firs w 1-1 San Axc, California 951 12 t
Toxic,;(.1()8)44 1-1 195
Solid Wt1Stc(-tomi'I4
July 14, 1992
I c_ ,
"J
To: City Managers
From: Isao Kobashi
Subject: Approval of Memorandum of Understanding to FuAd and Create
Santa Clara County Hazardous Materials Advisory Committee
Enclosed are three copies of the Memorandum of Understanding between
the County and City regarding the Santa Clara County Hazardous Materials
Advisory Committee. The current MOU ieflects the changes that were
suggested by individual cities.
Key points include:
1 . Agreement is for three years with ability to terminate with 90 day
notice.
2. Annual program report and evaluation. During the third year, entire
effort will be evaluated and decision made on future of Committee.
3. Majority of cities with majority of population in county must
participate in order to create Committee or approve changes in
priorities.
Upon approval by your Council, please send three originally signed
documents to me at the address above. I will return one fully executed
copy to your office.
Should you have any questions call me at (408) 441 -1195.
enclosure
Board of Supervisors: ,Nli(,Ii,i(•I.NI I liwd;%, ZOc Iwo Gotizak.,-,,, Rod I)iridoti. IV1111le NIcKcima
courtly Exectilive:Salk,It. liccli IS I I
'Y
Cit-4 of C:eperti»o
10300 Torre AVenUe P.C. Box 580
Cupemnc:,CA 95014-3:155 Cupertino,CA 95015-0580
(408)252-4505
FAX: (498)252.075 3
{
August 25, 1992
County of Santa Clara
Departrmnt of Planning and Development
Office of Zbxics and Solid Waste Management
A-tention: Isao Kobashi:
1735 North First Street, Suite 275
San Jose, CA 95112
MEMDRANDJM OF UNDERSTANDING TO FUND AND CREATE SANTA CLARA COUNTY
HAZARDOUS MA` EPJALS ADVISORY CCR49TTEE
Dear Mr. Kobashi:
We are enclosing to you as requested three (3) copies of the Memorandum of
Understanding between the County of Santa Clara and the City of Cupertino,
to fund and create Santa Clara County Hazardous Materials Advisory
Conuittee, which has been ful-ly executed by City Officials.
This Agreement was approved at the regular City Council meeting of Monday,
August 17, 1992.
We will look forward to receiving our oanpleted copy.
Thank you for your cooperation.
Sincere y,
DOROT iY CORNELI �1
CITY CLERK
CITY OF CUPERTINO
DC/so
encl.
cc: Department of Public Works
County of Santa Clara = _
Memorandum C,,
To: City Clerk of Cupertino Dare: September 23, 1992
Fnm), Isao Kobashi
SUb.i( I: MEMORANDUM OF UNDERSTANDING
Here is your copy of the MOU.
26-A REV 1/66 REORDER CODE NO 963074
a •
MEMORANDUM OF UNDERSTANDING
BETWEEN THE COUNTY OF SANT: CLARA
AND THE CITY OF CUPERTINO
CONCERNING SANTA CLARA COUNTY^!�
HAZARDOUS MATERIALS ADVISORY COMMITTEE
This Memorandum of Understanding is made and entered into this
day of , 1992, by and between :he County of Santa
Clara ("County"), a political subdivision of the State of California, and the
City of Cupeltzno ("City"), a municipal corporation of
the State of California.
1. PURPOSE
The County of Santa Clara ("County"), together with the cities within the
County are contributing financial resources to commence work on a three
year work plan ("Program") for hazardous materials management as
developed by the Tanner Advisory Committee, supported by the City
Manager's Association and the Santa Clara County Cities Association, and
approved by the Santa Clara County Board of Supervisors ("Board"). This
Memorandum of Understanding ("MOU") will esta`)lish the rights and
responsibilities of the County and City of Cupertino
("City") with respect to implementation of the work plan and specifies each
participants financial commitment.
This MOU will also create the Santa Clara County Hazardous Materials
Advisory Committee, herein after, "Committee". The Committee-shall be
advisory to the County and City in developing annual program priorities and
overseeing program implementation. The Committee and the Program (see
Attachment A) will become operative when there is financial participation at
the levels shown in Att chment B by the County of Santa Clara, the Santa
Clara Valley Water District and a majority of the cities representing a majority
of the population in the county.
2. TERM OF MOU
This MOU shall be effective for a three (3) year term beginning July 1, 1992.
The MOU may be extended for successive periods upon written agreement
between County and City.
3. ROLE OF COUNTY
The County shall be responsible for implementing the three year work plan
which addresses hazardous materials issues in Santa Clara County . The
County shall provide staffing and related support necessary to implement the
Program.
4. REPRESENTATION ON ADVISORY COMMITTEE
The Santa Clara County Board of Supervisors shall appoint two of its
members of the Board to serve on the Committee.
The Santa Clara County Cities Association shall appoint three elected city
representatives and alternates to serve on the Committee. One
representative shall represent the North County Cities of Los Altos, Los Altos
Hills, Palo Alto, Mountain View, and Sunnyvale. One representative shall
represent the Central County Cities of Campbell, Cupertino, Los Gatos,
Milpitas, Monte Sereno, Santa Clara, and Saratona. One representative shall
represent the South County Cities of Gilroy and Morgan Hill. The City of
San Jose shall appoint one elected representative and an, alternate from their
Council to serve on the Committee. The appointees will represent the cities
from the area they represent on all matters that come before the Committee
and shall report back to the cities on issues discussed by the Committee.
The SCVWD Board of Directors shall appoint one elected member and an
alternate to serve as their representative on the Committee.
The following groups shall each appoint a representative and alternate to
serve as their representative on the Committee: Santa Clara County
Manufacturing Group; Semiconductor Industry Association; a
representative for Small Quantity Generators of hazardous waste (i.e. a firm
who generates more than 100 kilograms but less than 1000 kilograms of
hazardous waste a. month); Santa Clara County Fire Chiefs Association;
Silicon Valley Toxics Coalition; and the League of Women Voters.
Each member of the Committee shall have one vote.
5. COMMITTEE OFFICERS
The Board of Supervisors shall select one of its appointees to serve as the
Committee Chairperson. The Vice-Chairperson shall be selected from one of
the four city representatives serving on the Committee.
2
6. PROGRAM PRIORITIES
The Committee will annually establish priorities for the individual work
items identified in the Program. Program priorities and specific work
elements shall be established by the Committee and approved by the Cities
and the County prior to the beginning of the fiscal year for which funding is
to be provided. The elements of work to be accomplished in fiscal year 31992-
1993 are included in Attachment A "Work Plan and Budget: Santa Clara
County Hazardous Materials Advisory Committee".
7. CHANGES IN PROGRAM PRIORITIES AND PROGRAM EVALUATION
All changes in Program priorities shall first be approved by the Committee
and are subject to funding support by participating jurisdictions and the
private sector. In order for a change to be recommended by the Committee,
the change must be approved by the affirmative vote of not less than one-half
of the members present at a meeting at which there is a quorum. All
proposed changes must be in writing and included in the regular Committee
agenda packet.
Staff will provide the Committee with an annual evaluation and review of
work performed. Continuation of the Committee and its work shall be
contingent upon financial support from the County and a majority of cities
representing a majority of the ;population within the county. During the
third year, a comprehensive review of the work plan achievements, future
activities, evaluation of whether to the Committee should continue to exist,
and identification of on-going responsibilities will be conducted.
8. BYLAWS
The Committee shall develop and propose By-Laws. The By-Laws must be
approved by the Board of Supervisors and a majority of the cities representing
a majority of the population within the county.
9. STAFFING
The County shall provide staff, subject to funding availability, to work on the
Program. Staff hired to work on the Program shall allocate their time on
Program priorities as established by the Committee. Staff will provide the
Committee with verbal monthly Program status reports and a written report
on Program progress and expenditures during the second and fourth quarter
of the Program.
3
10. EUNDING
Annual funding levels during the next ti`�ree years (commencing with FY 92-
93) for this Program are shown in Attachment E. City agrees to pay County
1,950.00 — as its annual funding commitment in support of the
Program. Attachment C shows all city contributions.
11. TERMINATION
This MOU shall terminate upon the occurrence of any of the following:
1) Withdrawal of the City from the MOU upon giving 90 days written
notice to the County.
2) Withdrawal by the County from the MOU upon giving 90 days written
notice to City.
In the event of termination, the City shall receive a prorata refund on that
portion of the unexpended funds City provided to the Program.
12. AMENDMENTS
Amendments to the terms or conditions of this MOU shall be requested in
writing by the party desiring such amendments, and any such amendment
shall be effective only upon the mutual agreement in writing by the County
and a majority of the cities representing a majority of the population within
the county.
1.3. INTEGRATED DOCUMENT
This MOU contains the entire agreement between County and City with
respect to the subject matter hereof. No written or oral agreement with any
officer, agent, or employee of County or City prior to execution of this
agreement shall affect or modify any of the terms or obligations contained in
this MOU.
14. MISCELLANEOUS
A. The captions of this MOU are for convenience of reference only,
and the words contained therein shall in no way be held to explain,
modify, amplify, or aid in the interpretation, construction, or meaning
of the provisions of this MOU.
B. All attachments attached hereto and referred to in this MOU are
incorporated herein by this reference as if set forth fully herein.
4
IN WITNESS WHEREOF, the parties have authorized this agreement to be
executed.
"CITY„ ""OUNTY"
CITY OF CIJPERTINQ COUNTY OF SANTA CLARA, a political
a municipal corporation subdivision of the State of California
Mayor Char erso - LQFGr%EN JUN 2 3 1992
B 'r of Superfisors
ATTEST:
ATTEST: ;jhyllis A. Perez —�
r G` A,7,,i,tart Clerk
";-lard
/ �� Sraerv�svrs DON M. RAINS,
City Cler Clerk, Board of Supervisors
APPROVED AS FORM: APPROVED AS TO FORM AND LEGALITY:
�If ci�44Atj-,96t +J&
City Attorney Deputy Cou ty Counsel
5
ATTACHMENT A
WCRK PLAN AND BUDGET
April 22, 1992
SANTA CLARA COUNTY
HAZARDOUS MATERIALS ADVISORY COMMITTEE
Mission Statement: The purpose of the Santa Clara County
Hazardous Materials Advisory Committee is to assist local agencies
and industry in effective hazardous materials management,
reduction and pollution prevention.
The objectives of the Committee are:
1 . To reduce hazardous materials use and waste generation, thereby
reducing risks to people and the environment.
2. To promote cost-effective hazardous materials management.
3. To maintain the economic viability of the regulated community
while meeting hazardous materials management goals.
4. To address priority issues by providing practical solutions to
industry and government hazardous materials managers.
5. To monitor and evaluate issues when requested to do so by
government agencies
6. To facilitate the coordination or integration of programs when
appropriate, and when agreed to by the responsible jurisdictions.
The priorities for the Committee from 1992 through 1994 will be:
• Hazardous Waste Reduction
• Generators of Small Quantities of Hazardous Waste
• Streamlining Permitting, Inspection, and Enforcement
1
WORKMAN REVIEW
1 . Provide annual evaluation and review to the Committee.
2. All revisions to the Workplan require approval by the Committee
and are subject to funding support by participating jurisdictions
and industry.
3. During the third year, a comprehensive review of Committee
Workplan achievements, future activities, and assignment of on-
going responsibilities will be conducted.
2
COMMITTEE INITIATIVES
Hazardous Waste Reduction
Background
Reducing the volumes of hazardous waste generated locally reduces
the need for local hazardous waste treatment and disposal
facilities. Reducing waste also reduces risks to people and to the
environment. Soma efforts to reduce waste generated are
mistakenly identified as reduction in pollution generation. These
efforts may result in a transfer of pollutant discharge from one
environmental media to another.
Several programs to address hazardous waste currently exist:
1 . Major generators must plan for source reduction to comply with
state law (SB 14).
2. Local and state agencies collect data on releases of +oxics to the
various environmental media, and on local waste stream volumes.
3. Cal EPA (Alternative Technology Division) has developed waste
minimization studies for various industries.
4. Cal EPA has training programs available to local government and
industry. Most training is oriented toward compliance with
regulatory requirements rather than pollution prevention.
5. The County conducts some training for local industry in
cooperation with community colleges, and the County and cities
conduct training as part of their compliance efforts.
6. Local agency staff obtain information on available techniques on
an ad hoc basis through the Bay Area Hazardous Waste Reduction
Committee (BAHWRC).
3
Current .f ssvi
Information which could be useful in reducing the volume of
hazardous waste generated locally is available. However, there is no
systematic mechanism to provide information on waste reduction,
such as the results of the Cal EPA-funded waste minimization
studies, to local waste generators.
Emposed Committee Activity
1 . Working with local agencies and industry, compile available
waste stream data to identify reduction assistance priorities.
2. Provide technical assistance on source and waste reduction to
companies and agencies contributing to the priority waste
streams, including the use of information from SB 14E plans.
Technical assistance should be offered through existing education
effot is when feasible. Technical assistance will be based on
local industry experience and existing Cal EPA-funded waste
minimization studies.
3. Identify and publicize successful source and waste reduction
efforts by local agencies and industry.
4. Provide guidance for regional hazardous waste activities as
appropriate.
5. Evaluate effectiveness of Committee rec!u .tion assistance
activity and, to the extent possible, quantify waste stream
reductions. Examine opportunities to assign issues needing on-
-going or further consideration for implementation by various
jurisdictions.
Proposed Budget $40,000
4
Generators of Small Ouantlities of Hazardous Waste
Background
Numerous regulatory programs affect the hazardous materials
management of businesses which generate small quantities of
hazardous waste. These include permitting, inspection, and
enforcement for hazardous materials storage, use, and disposal.
Regulatory agencies with jurisdiction over these generators include
local fire departments, city sewage treatment plants, the County
Health Department, and regional agencies such as the Bay Area Air
Quality Management District (BAAQMD) and the Regional Water
Quality Control Board (RWQCB).
These agencies focus on ensuring compliance with regulatory
requirements. In some cases, such as the local sewage treatment
plants and non-point source efforts, programs include hazardous
waste reduction components. There is some education regarding
source .reduction and waste minimization, such as County programs
for particular industries.
Current Issues
Generators of small quantities of hazardous waste have identified
several issues of concern, including;
1 . Waste disposal costs are high.
2. Disposal of very small quantities is difficult.
3. Multiple levels of regulation and enforcement exist.
4. New sewage treatment plant requirements and non-point source
programs have increased interest in technical assistance for
waste reduction.
5. Generators are interested in management assistance independent
of regulatory compliance activities. For example, Cal OSHA
conducts audits to assist companies in complying with regulatory
requirements.
5
Proposed Committee--Activity
1 . Provide technical assistance through industry-specific
workshops on source and waste reduction. As appropriate,
coordinate efforts with local trade associations, city and county
programs, sewage treatment plants, Santa Clara Valley Non-point
source program, educational institutions and other agencies.
2. Provide technical assistance on source and waste reduction by
leveraging existing resources:
a. Provide links between Cal EPA-funded waste minimization
programs and local generators of small quantities.
b. Provide links between local large quantity generators and local
generators of small quantities.
3. Determine options for more cost-effective small generator
hazardous waste disposal.
4. Work with other agencies and organizations to streamline
regulatory processes for generators of small quantities of
hazardous waste.
5. Evaluate effectiveness of these initiatives. Quantify results as
much as possible. Examine opportunities to assign issues needing
on-going or further consideration for implementation by various
jurisdictions.
Pro osed Budget: $105,000
6
Streamlining Permitting, Inspection, and Enforcement
Processes
Background
Government and industry incur substantial costs to comply with the
myriad regulatory requirements. For example, fire departments,
POTWs, County Health, and Cal OSHA may all need to inspect the
same manufacturing facility each year. Manufacturers must submit
separate reports for each of these jurisdictions regularly, even
though much of the information needed by each agency is the same.
Government agencies have made several attempts to address
concerns with the extensive costs incurred by government and
industry. These include:
1 . The Gilroy Fire Department has combined pre-treatment and
hazardous materials inspections for underground storage tanks,
hazardous materials storage, toxic gases, and pre-treatment
requirements. They have two permit systems and one inspection.
The County still addresses hazardous waste.
2. The County and San Jose have developed a single form for
Environmental Health and Fire Department hazardous materials
purposes. They are working on incorporating information from
other agencies.
3. The Blackstone Project in Mcssachusetts has developed a program
for multi-media inspections, enforcement rooted in waste
prevention, and expanded technical assistance.
4. There is a four-County multi-agency, multi-media pilot program
underway in Southern California. This program focusses on
inspections. We expect a progress report soon.
5. A local Fire Chiefs group attempts to promote the integration of
local agencies' activities.
7
Proposed Committee Activity
1 . Review programs noted above and identify possible local ,
applications.
2. To the extent possible, encourage the development of
standardized permits and inspection forms for use by local and
regional agencies.
3. Coordinate local streamlining efforts with SOG and data
management efforts. Monitor Cal EPA permit streamlining
efforts.
4. Develop appropriate recommendations to Cal EPA, the U.S. EPA,
and legislative bodies for consideration by participating agencies
and industry.
5. Determine effectiveness of streamlining programs to the extent
possible. Criteria should include reduced costs for government
and industry, reduced delays for permitting, etc. Examine
opportunities to assign issues needing on-going or further
consideration for implementation by various jurisdictions.
Proposed Budget: $%1 ,000
8
COMMITTEE MONITORING AND OVERSIGHT ACTIVITIES
1 . Tanner Committee Work.
A. Obtain state approval of the Courly-wide Tanner Plan.
B. Submit revised Plan in 1992, including use of 1990 data in place
of 1987 data.
C. Verify city actions to implement Tanner Plan:
1 . Track city adoption of siting process in General Plans or
ordinances.
2. Assist cities in developing their facility siting. For example,
develop check list of elements, timeframes, etc. for EIR, Risk
Assessment, and LAC process. _
D. Produce an initial and regular status reports on progress in
meeting goals of the Tanner Plan.
E Monitor progress in meeting regional Fair Share capacity
allocation among participating ABAG jurisdictions.
Proposed Budget: $45,000
2. Household Hazardous Waste
A. Monitor progress of household hazardous waste program.
B. Initiate County-wide public education component in coordination
with other local efforts. All public education activities will
build on and not duplicate any local efforts.
C. Evaluate siting of permanent drop-off locations and investigate
alternative service delivery options.
D. Identify 'measures of program effectiveness, and evaluate
program based on those measures.
proposed Budget:$20,000
9
3. Oversee SCVWD Weld-lead Protection Program
A. Serve as the Oversight Committee for the Santa Clara Valley Well-
Head Protection Program (see attached Workplan). Review and
comment on proposed Well-Head protection issues. Recommend
appropriate hazardous materials management practices to protect
sensitive regions of the groundwater basin.
Proposed Budget:$6,000
4. Data Management
A. The Committee work will result in the creation of a database
comprised of information from existing sources. The daiabase
can be used to develop a variety Qf reports and to analyze a
number of issues. This Committee may be able to provide
assistance. Potential products include the development of a
multi-media environmental index, linking the information with
the Wellhead Protection database, providing public access to the
multiple data sources which can provide a composite picture of
each firm's progress in waste reduction, developing potential
routes for route service haulers servicing SQG's, and identifying
potential cross-media transfers that may be occurring.
Proposed Budget: $35,000
5 . Monitor hazardous materials legislation and regulations
A. Monitor proposed regional, state and federal legislation and
regulations (e.g. track BAAQMD regulations regarding CFC's).
Facilitate sharing of analysis conducted by agencies, industry and
other interested parties.
B. Identify issues requiring legislation and regulation
C. Provide 'a forum for discussion, consensus building, and referral
for action to individual jurisdictions.
Proposed Budget:$6,000
10
s '
6. Provide additional monitoring and referral services as
necessary
A. Serve as a forum for local issues related to hazardous materials
management; refer to appropriate institutions when possible.
B. Inform Interested parties about activities related to Committee
activities.
Pro used Budget: $22,000
7. Institutional structure for long-term toxics policy and
planning within Santa Clara County
A. c,+aluate effectiveness of Committee work in dealing with issues
related to hazardous materials. Examine existing lines of
communication and referral network for hazardous materials
management. Develop recommendations for institutional
structure for long-term toxics policy and planning.
B. See "Work Plan Review", item 3.
Proposed Budget: $10,000
WORKPLAN NEW FINAL 4/22/92:ik
11
ATTACHMENT-
Y
i; :.L. 1. A COUNTY
PROPOSED ANNUAL CONTRIBUTION
COUNTY $ 180 , 000
PRIVATE SECTOR* 90 , 000
HAZARDOUS MATERIALS ADVISORY COMMITTEE
459000
CITIES
S.C.V. WATER DISTRICT 45,000
*Private Sector contribution to be in-kind
goods
•
d
AMCHMENT C
SANTA CLARA COUNTY
HAZARDOUS MATERIALS ADVISORY CO1iTMIT'I'EE
ANNUAL(FINANCIAL CONTIRIBLMON BY CITY*
CITY BASE SHARE HAZ. WASTE SHARE TOTAL
CAMPBELL 1,500 65 1,565
CUPERTINO 1,500 450 1,950
GILROY 1,500 900, 2,400
LOS ALTCS 1,500 0 1,500
LOS ALTOS HILLS 1,500 0 1,500
LOS GATOS 1,500 90 1,590
MILPITAS 1,500 1,060 2,560
MONTE SERENO 1,500 0 1,500
MORGAN HILL 1,500 25 1,525
MOUNTAIN VIEW 1,500 855 2,355
PALO ALTO 1,500 925 2,425
SAN JOSE 1,500 11,540 13,040
SANTA CLARA 1,500 3,870 5,370
SARATOGA 1,500 0 1,500
SUNNYVALE 1,500 2,720 4,220
TOTAL $22,500 $22,500 $45,000
*The formula used to allocate city contributions is the same as that used to fund the
current Tanner Program. The "base share" is divided equally among the 15 cities and
the "hazardous waste share" is based on the amount of hazardous waste shipped off site
from each city. The data source is the 1989 Manifest information from the State
Department of Toxics Substances Control.
5/6/92:ik