COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Board of Supervisors

DATE:

April 20, 2010

MEETING DATE:

May 11, 2010

SPECIAL NOTICE/HEARING:

No

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Supervisor Rich Gordon and Supervisor Carole Groom

Environmental Quality Committee

SUBJECT:

South Bayside Waste Management Authority—Creation of Elected Officials Oversight Committee

RECOMMENDATION:

Adopt a resolution:

1.

Proposing and endorsing an amendment to the South Bayside Waste Management Authority (SBWMA) Joint Powers Authority (JPA), to revise the SBWMA governance structure to include an Elected Officials Oversight Committee

2.

Directing staff to send the resolution to the elected officials of the SBWMA member agencies

3.

Directing staff to present the proposal to the City/County Managers group, and to request that the SBWMA agency City Managers present the proposal to their Councils for favorable consideration

BACKGROUND:

The SBWMA JPA provides for the joint ownership and planning for solid waste collection services in its twelve member agencies. The County of San Mateo initially became a member of the SBWMA JPA in 1999 because of the Board of Supervisors’ involvement in setting rates and franchising collection services in County Service Area No. 8 (North Fair Oaks).

Over the past twenty-one years, the role of SBWMA has expanded. SBWMA has recently selected Recology through a request for proposal process as the new service provider for the collection of solid waste, recyclables, and organic materials, and member agencies, including the County, have executed new franchise agreements with Recology. At the same time, SBWMA is also taking steps to build a new Transfer Station and Materials Recovery Facility, which will require significant amounts of bond financing.

The County’s involvement in SBWMA has also increased, as the recently executed solid waste collection franchise agreement includes a number of “unincorporated pockets” that were previously not included in the County’s franchised area.

DISCUSSION:

The JPA says that SBWMA is governed by a Board of Directors, which includes agency staff, such as Agency Managers and Assistant Managers, Public Works Directors, and Finance Directors. Although public funds are being spent through the rates paid by customers for garbage collection, the current governance structure does not include oversight by elected officials. 

The expansion of SBWMA’s functions, as well as the expenditure of significant sums of public funds to build a new SBWMA Transfer Station and Materials Recovery Facility, indicate that the public would benefit from oversight of SBWMA by elected officials from the SBWMA member agencies. A separate Elected Officials Oversight Committee would be useful to provide guidance and direction on relevant governance and financial policy issues. The Committee could meet quarterly, and would perform a specific set of activities. These activities would include providing guidance and direction on relevant governance and financial policy matters, including but not limited to receiving reports on, and reviewing and commenting on SBWMA’s program and activities; SBWMA’s budget (prior to adoption); and salary and reimbursement of key SBWMA personnel. In contrast, the Elected Officials Oversight Committee would not address operational issues, which are already overseen by the SBWMA Board of Directors.

The creation of an Elected Officials Oversight Committee would require an amendment to the SBWMA JPA, which would require a vote of 2/3 of the member agencies. If approved, the proposal would create the Elected Officials Oversight Committee, which would be subject to the same rules as other legislative bodies of local government agencies, including compliance with the Brown Act.

The amendment contributes to the Shared Vision 2025 outcome of a Collaborative Community by permitting local elected officials to collaborate in regional decisions concerning the collection and disposal of solid waste and recyclable materials.

The County Counsel has reviewed the resolution and approved it as to form.

FISCAL IMPACT:

There would be negligible fiscal impacts from elected officials’ participation in the oversight of the operations of SBWMA.