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HomeMy WebLinkAboutMINUTES - 08081995 - C129 C.127, C.128, C.129, and C.130 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 8, 1995 , by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence C.127 LETTERS from Martin R. Englemann, P.E., Deputy Director, Planning, Contra Costa Transportation Authority, 1340 Treat Blvd., Suite 150, Walnut Creek, CA 94596, dated July 25, 1995, and former Supervisor Tom Powers, dated November 8, 1994, transmitting responses to the Board's letters on the Countywide Comprehensive Transportation Plan. ****REFERRED TO TRANSPORTATION COMMITTEE C.128 LETTER from Bill Baker, U.S. Representative, 10th District, 1724 Longworth Building, Washington, DC. 20515, dated July 17, 1995, in response to Board's letter on the BART extension to the San Francisco Airport, advising of his commitment to worthy transportation projects such as BART. ****REFERRED TO TRANSPORTATION COMMITTEE p{t C.129 LETTER from Denny Larson, Refinery Network Coordinator, Citizens for a Better Environment - California, 500 Howard Street, #506, San Francisco, CA 94105, dated July 27, 1995, providing suggestions for inclusion in the Safety Audit for the Unocal Refinery. ****REFERRED TO COUNTY ADMINISTRATOR AND HEALTH SERVICES DIRECTOR C.130 LETTER from R.H. Garside, AGM Operations, Alameda-Contra Costa Transit District, 1600 Franklin Street, Oakland, CA 94612, dated July 20, 1995, advising of the District's decision to stop supporting its bus shelter program, and inquiring if the Board would be willing to assume the care and upkeep of the bus shelters in the County that are currently in excellent condition. ****REFERRED TO COUNTY ADMINISTRATOR AND TRANSPORTATION COMMITTEE IT IS BY THE BOARD ORDERED that the recommendations as noted (****) are APPROVED. 1 here!,!certify that this is a true andcorreCtcopyof C.C. Correspondents an action taken and entered on the=Loa, the Transportation Committee Board of supe on the dam shoWn.5 County Administrator �s BATCH NWIM Uo clerk Ad hher�Ward Health Services - Director By � oavugr JUL-27-1995 11=11 HEALTH SERVICES ADMIN. 510 370 5098 P.02/04 CITIZENS FOR �, 12.9 A BETTER ENVIRONMENT TO., Contra Costa Board of Supervisors FA: Citizens for a Better Environment, Denny Larson, Refinery Network Coordinator DA: 7-12.95 RE: UNOCAL.76 Second Safety Audit: Recommendations for continuing involvement of Audit Committee of the Goad Neighbor Agreement and Scope Thank you for your action of July 11, 1995,to initiate a second safety aucit of the Unocal refinery that is focused on preventing future Chemical spills. This is an excellent first step to resolving community concerns regarding Unocars pattern of unsafe operations. Two key areas will need to be resolved in order to ensure consistency with ft first audit of the Good Neighbor Agreement and ensure community support of the second audit: 1. Ensuring role of existing Audit Committee 2. Requiring a scope of the audit that is complete enough to address the breadth of problems at the refinery 05E would like to forward tyre following recommendations to you in regard to these two key issues: 1. The role of the of existing Audit Committee of the Good Neighbor Agreement must be retained as specified in the agreement as minimum. We will suggest possible improvements based on our experience. 2. The scope of the audit should address: •age of equipment and operation beyond design specifications, •frequence+ of maintenance, •corpowate policies such as "pay for performance" which may hinder safe operation, -the use of non-union, less-skilled contract workers -whistieblower protections and incentives for employees -opportunities to upgrade equipment to prevent pollution and spills Please contact us at 415-243-8373 to discuss and to schedule upcoming meetings. CBE-California + SQA Howard Straet #506, San Francisco, CA 94105 • 415-243-8373 JLIL-12-1995 13:57 415 2438980 99% P- "'jbL-27-1995 ilii HEALTH SERVICES ADMIN. 510 370 509E P.03/04 management program, and the results of the Process Hazards Analyses performed as part of the Process Safety Management Program (as required under 13 CCR §5109(e)). An Audit Committee will be established to oversee the independent audit, which will be comprised.of two representatives from the Crockett/Rodeo Coalition, one representing each Community; one representative from the Shoreline Environmental Alliance; one representative from Citizens for a Setter Environment; one representative from the CAP; and two representatives from Unocal, one management and one non-management employee_ The Audit Committee shall be established by January 31, 19915. The role of the Audit Committee is to provide oversight of the independent auditor(described more fully below), review the results of the independent auditors report, and discuss the recommendations contained in the final audit report with the Refinery. Unocal is responsible for operating the Refinery in a safe manner and therefore will be responsible for the implementation of any of the recommendations contained in the final audit report (including the decision concerning whether a recommendation should be implemented). The Audit Committee shall be responsible for the following: Preparation of a schedule for the audit, which will begin no later than April 1, 19,95 or such other date as determined by the Audit Committee. • Further delineating the focus of the audit within the scope defined by this agreement. • Preparation of a request for proposal. • Hiring and/or termination of the audit contractor. They contractor will be - selected by the community representatives and must be approved by Unocal. • Monitoring the progress of the audit, including s, € , • Meeting with the audit contractor to discuss the facility and to review the auditor's reports. • Meeting with Unocal management as needed. Reporting to the broader community on the results of the audit after discussion of the results with management. • Reviewing the results of the audit including the findings and recommendations. The contractor will prepare an audit prot000i to be reviewed and approved by the Audit Committee and will conduct the audit in a timely manner. 'The contractor wip oonduct the audit in accordance with the final request for proposal, including any attachments thareto, as prepared by the Audit Committee. The contractor will have access to all information deemed necessary by the Audit Cpmmittee, including trade secret information upon J Z0'd 0858£tZ STV S66T-ZT- ,� JQL-47-1995 11:12 iEALTH SERVICES ADMIN. 510 3?0 5099 P.04/04 ' ` execution of a written confidentiality agreement. (As used herein, trade secrets shalt have the sarne meaning as provided in the Emergency Planning and Community Right-to-Know Act (EPCRA), Section 11042.) Unocal will provide the audit Contractor with access to employees in order- to conduct confidential interviews on subjects that are within the scope of the audit, without the threat of termination or discrimination in any way for providing information. If actions are required to address audit findings, Unocal also agrees to fund a follow-up audit by the same audit contractor to evaluate the effectiveness of said planned actions. The follow-up audit will be conducted in the same manner as defined in this Agreement for the initial independent audit described above, 3) The ):refinery is scheduled to be audited on an annual basis. Unocal currently conducts two types of audits at its facilities: 1) on a biennial basis a health, environment and se-ety regulatory compliance audit is conducted by can independent contractor accountable to the President of 75 Products Company; and 2) in alternate years, Corporate experts conduct an audit of the Refinery's safety management system, utilizing the International Safety }dating System (ISRS), a comprehensive auditing program recognized as an industry standard. The Corporate experts are certified and accredited through the ISRS. Unocal agrees to provide a biennial one-day executive training session about the Internationaf Safety Rating System beginning in 1995; members of the Community Advisory Panel (CAP) and each Signatory or its designated representative, will be invited to attend at their awn discretion. As requested by the Signatories, Unocal suggested to the GAP, on more than one occasion, that representatives of the Crockett/Rodeo Coalition and SEA be added to the CAP as members. The CAP chose not to create an institutional seat for SEA as part of its present membership. In order to facilitate further cooperation with SEA, Unocal hereby agrees to the fallawfng. (a) Unocal will transmit to a designated representaUve of the SEA, ail written and verbal incident nafrficaUons and written materials provided to the CAP by Unocal. This provision speciflCaally excludes any information relating to the ongoing auditing process described in this Section VII, Paragraph 3. in addition, If trade secret information is Involved, such infonnation will not be provided to the designated representative of SEA until a written secrecy agreement has been entered into and fully executed. crws �ax�aads - Z 2 - TOTAL P.04