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HomeMy WebLinkAboutRES NO 161-88RESOLUTION NO. 161-88 RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD SUPPORTING "FAIR SHARE" OF HAZARDOUS WASTE MANAGEMENT APPROACH. Section 1. WHEREAS: (a) Counties and Cities statewide face a serious problem involving potential state preemption of critical local land use decisions on the siting of hazardous waste facilities; and (b) The intent of AB 2948 is for Kern County and its incorporated Cities to plan to meet their own needs for hazardous waste management and to participate in inter-county agreements where appropriate; and (c) The Department of Health Services (DHS) Guidelines for county hazardous waste management plans appear to go beyond the intent of the Tanner statute (AB 2948, 1986) and would prohibit Kern County and its incorporated Cities from lim- iting the size or type of facilities that can be sited; and (d) In order to have an approved county hazardous waste management plan, Kern County and its incorporated Cities may become vulnerable through the appeals process by being forced to accept the siting of any size or type of facility; and (e) Equity is based on managing the county's and incorporated cities' "fair share" of hazardous wastes, either through local siting approvals or through voluntary inter-county agreements; and (f) Kern County and incorporated Cities support the use o~ voluntary inter-county agreements to structure mutual land use siting commitments; and (g) The appropriate staff of Kern County and its incorporated Cities have worked in good faith to implement AB 2948, and now stand ready to work with the CSAC/Tanner Task Force, as requested; Section 2. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of the City o~ Bakersfield oi the County o~ Kern, State of California, as ~ollows: 1. The Bakersfield City Council supports CSAC's e~torts on behal~ of counties to address problems experienced by the counties in working with the DHS and its interpretation of AB 2948. 2. The City of Bakersfield will work with the Kern County and other cities to implement the "fair share" concept and to submit a final hazardous waste management plan that is consis- tent with the intent of AB 2948. 3. The Clerk of the City of Bakersfield shall transmit copies of this Resolution to the following: (a) County Counsel (b) County Administrative Officer (c) County Legislative Representatives (d) CSAC: Joni Low (e) League of California Cities: Yvonne L. Hunter bz 4:R.FS1 -2- I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a Regular Meeting thereof held on 27th day of July , 1988, by the following vote: dYES. CO(JN~tLhIEM[!E~,~ CHILDS, DcMONO, SMI1H, I'~ATDt. P[T~'qSON, MC§EtlMO~ 3AL~AGGIO NOES: COUF~CILMfik~ ~;%~ NONE ABSENT COUNC~LME M~3Er 'l NONE ABSTA~NING: COUNC LMEMBFRS NO~ DEPUTY CITY CLERK and Ex Off/c~o Clerk of the Council of the City of Bakersfield APPROVED this 27th day of July , 1988. MAYOR of the City of Bakersfield APPROVED as to form: Y ~~y of Bakersfield bz 4:R.FS3