HomeMy WebLinkAboutMINUTES - 12111990 - EA.1 TO: BOARD OF SUPERVISORS
FROM: HARVEY E. BRAGDON % j " hC,l-J,��.Itr
DIRECTOR OF COMMUNITY DEVELOPMENT a^•. C�US`fa
` P
DATE: DECEMBER 10, 1990 rA-....... County
SUBJECT: MEASURE TO ASSURE HEALTH AND SAFETY IN AGRICULTURAL AREAS WHERE AERIAL
SPRAYING OF PESTICIDES OCCURS
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1) Accept the reports of November 19, 1990 from the Community
Development Department, the Agriculture Department, and the
Public Health Director to assure strict enforcement of
existing regulations on aerial pesticide spraying and conduct
a further review of the adequacy of those regulations;
2) Authorize the Public Health Director to inform physicians in
East County regarding the need for prompt reporting of
suspected pesticide related illnesses;
3) Authorize the Environmental Affairs Committee to send letters
to schools in East County requesting their active cooperation
with the Agriculture Department's noticing of aerial pesticide
spraying;
4) Authorize the Environmental Affairs Committee to send a
_. letter to the Brentwood City Council regarding the importance
of preserving agricultural lands and promoting in-fill land
use policies which will avoid having agricultural lands
surrounded by homes or commercial centers, and requesting the
City' s assistance with both timely noticing of aerial
spraying and posting of fields which have been sprayed with
pesticides;
5) Direct the Agriculture Department to report back to the
Environmental Affairs Committee regarding:
CONTINUED ON ATTACHMENT: xx YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR xxx RECOMMENDATION O BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) : , SQ►�f
Supervisor Tom Torlakson, Chair Supervi r ancy Fanden
ACTION OF BOARD ON December 11, 1990 APPROVED AS RECOMM ED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
QQ,�
Orig: Community Development Department (CDD) ATTESTED oV-Gct�r�� ii i�90
cc: Agriculture Department PHIL BATCHELOR, CLERK OF
Jack deFremery', Director THE BOARD OF SUPERVISORS
Health Services Department AND COUNTY ADMINISTRATOR
Wendel Brunner,'; Director, Public Health �� ������
Farm Bureau (via CDD) BY , DEPUTY
Mrs. Yarborough (via CDD)
County Administrator
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Measure to Assure Health & Safety in Agricultural
Areas where Aerial Spraying off Pesticides Occurs
(Continued) - Page Two
A) identification of additional areas requiring advance
noticing aerial pesticide spraying including designating
Day Care Centers as school sites for the purpose of
prohibiting such spraying;
B) cooperative methods of working with farmers, residents,
and public agencies about providing information on the
agricultural requirements and safety procedures; and
C) preparing "guest columns" in the newspapers explaining
our current aerial pesticide regulations and monitoring
program and its effectiveness as well as publicizing the
telephone numbers for the Agriculture and Public Health .
offices for public use;
6) Direct the Public Health Director to continue contact with
State agencies regarding pesticide use and affects and report
back to the:I Affairs Committee on any findings
applicable to Contra Costa County; and
7) Direct the Community Development Department to work with the
City of Brentwood in jointly developing a clear and
comprehensive Deed Notification requirement for all land use
applications and in augmenting the current County Deed
Notification language.
FISCAL IMPACT
None at this time. The Agriculture and Public Health Directors are
to identify any additional staff costs associated with future
proposals.
BACKGROUND/REASONS FOR RECOMMENDATIONS
At the request , of residents in the Brentwood area, Supervisor
Torlakson raised concerns over the affects of, and policies on,
aerial pesticide spraying, particularly in the Brentwood area.
These concerns were referred to the Environmental Affairs Committee
and considered on November 19, 1990.
The attached reports were presented from the Community Development
Department, Agriculture Department and Public Health Division of
the Health Services Department. The reports indicate that no
verification wa's made that the illnesses were related to aerial
spraying. Additionally, the reports show that the Agriculture
Department's program has been commended by the State.
Presentations were also made by a number of parents and children
who have experienced health problems which they feel are the result
of aerial pesticide spraying. Representatives from agricultural
groups made brief presentations and responded to questions
regarding the types of crops and locations in which aerial
pesticide spraying is done.
The Environmental Affairs Committee is seeking ways in which to
assure public 'health and safety while preserving agricultural
lands. Public awareness of times/locations of pesticide spraying
was identified as a key factor.
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CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
November 9, 1990
TO: Environmental Affairs Committee
(supervisors Torlakson and Fanden)
I A-
FROM: Charles A. Zahn & Louise Aielloc' IIIT
SUBJECT: ' Agricultural Area Deed Notification Policy/Procedure
Since December, ,, 1986 , Conditions of Approval for all subdivisions
in agricultural,' areas of the County have included a condition
requiring that 1, a statement be filed with the -Clerk Recorder ' s
Office for each new parcel; the statement must alert potential
buyers to possible impacts of agricultural uses in the surrounding
areas. The memo of December 18 , 1986 (on the reverse side)
outlines this po" licy and the statement to be used for recordation.
Two checks take place on compliance with Conditions of Approval.
First, the Project Planner reviews that all conditions have been
met prior to filing of maps and/or applications for building
permits. Second, Public works Department staff review the
Conditions of Approval for compliance prior to accepting the filing
of the parcel maps
a�' ps or the final subdivision map; the maps cannot be
filed until alL� Conditions of Approval .have been met.
Subdivisions which were approved prior to December, 1986 were not
requited to have such a deed nofitication. All subdivisions heard
and acted upon since December, 1986 have included the deed
notification in the Conditions of Approval.
1pa4l/dw4/A:eaagrrp't.doc
CONTRA COSTA COUNTY
DEPARTMENT OF AGRICULTURE
Conditions for Application of Pesticides
in or Near Environmentally Sensitive Areas
I. AIR APPLICATIONS:
A. Schools
1. Aerial application of non-restricted pesticides may
be applied within 500 feet from schools provided:
a. Applications are made only on Saturday, Sunday,
holidays or other times when there is no
evidence of persons on the school property, and
b. The applicator has given the department a
"Notice of Intent to Apply Pesticides" .
2 . Aerial applications of restricted materials within
500 feet of school property are prohibited.
B. other occupied Buildings
Aircraft authorized to apply restricted materials in
category 1 or 2 shall not make applications closer than
100 feet from any occupied building.
C. Other Properties
Air applications of restricted materials on properties
color-coded on the attached map shall be as follows:
1. 9ed_Slia666' Areas: Not permitted
2. Blud-Shiddd Areas: Permitted if a "Notice of Intent
to Apply Pesticides" is filed with the department.
1
3 . The application is monitored by the County
Department of Agriculture.
4. The Department will give the Applicator a 30-minute
grace period to show-up for a scheduled application;
otherwise, the 24-hour notice of intent to apply
pesticides shall be resubmitted.
GROUND APPLICATION
A. other occupied Buildings
Speed sprayers authorized to apply restricted materials
in category 1 and 2 shall not make applications 'closer
than 100 feet from any occupied building.
PestAPP1
CONTRA COSTA COUNTY
DEPARTMENT OF AGRICULTURE
Date: November 14 , 1990
TO: Environmental Affairs Committee
FROM: John H. deFremery, Agricultural Commissioner
Director Weights & Measures .-`
SUBJECT: Report of Findings, Illness complaints on aerial spraying
The county currently has an extensive pesticide Use Enforcement
program. This program includes the following activities :
1 . Monitoring both ground and air applications of pesticides
by agricultural and structural pest .control operators as well
as growers and public agencies.
2 . Issuance of permits and placing conditions on those
permits for the use of Restricted Materials . These conditions
consider measures to be taken to avoid exposure to people,
livestock, and the environment. = They include special
procedures to prevent ground and surface water contamination
or damage to; sensitive crops .
3 . Notices of intent to apply Restricted Materials are
reviewed on ,:,a daily basis . For those applications which are
considered to be more sensitive, arrangements are made to have
staff monitor the application.
4 . Equipment used by Pest Control Operators is inspected to
insure it is in good condition and safe to operate. Storage
facilities for pesticides are inspected to insure that
materials are stored in a secure _facility and in proper
containers . -
5 . Pesticide Use Reports are now required for all materials
applied in production of an agricultural crop. These reports
are processed by personnel and checked for proper use of
materials . Audits are performed on Pest Control Operators and
growers to insure compliance with reporting requirements .
6 . Worker safety inspections are conducted in relation to
field workers who may be exposed when working in fields and on
workers who actually handle or apply pesticides . Employers
are checked to insure that required safety equipment and
procedures are provided as well as the required training of
employees .
i
7 . The registration of Pest Control Operators , Pest Control
Pilots , and Pest Control Advisors is performed to insure that
they are aware of local conditions and concerns .
5 . Meetings with applicators and growers to try and resolve
issues and concerns . Sometimes requesting they go beyond
their legal requirements in working with a neighbor.
6 . Meetings with State Health, County Health, the California
Department of Food and Agriculture, and City officials to
resolve special problems .
y�
Aerial spraying of agricultural chemicals is an important tool in
production of crops . It allows for an application to be done in a
fraction of the time it would take to do it by ground. This is
important when dealing with insects, disease, wind, and rain. Many
fields cannot be ,sprayed by ground due to irrigation, wet soils
from rain, or stage of crop development. To remove this tool from
growers in East County would be yet another nail in the coffin
being created for local agriculture.
Our policies around schools reflect work we have done in the past
to resolve the needs of both the schools and the growers . We 've
been assured that the school districts are still satisfied that
these conditions are adequate and effective. (See Attachment 2 )
The Department ' s special restrictions for the application of
pesticides near environmentally sensitive areas were reviewed with
State Health officials who were here to discuss illness complaints
by Ms . Yarborough and Ms . Madrigal . The consensus was that the
restrictions were considered to provide an adequate margin of
safety for the community.
Ground and air applications are regularly monitored as part of the
Department ' s regulatory Pesticide Use Enforcement Program. It is
fiscally impossible to provide enough manpower to monitor every
application which' takes place in the county. Some applications are
randomly selected when spotted by Biologists who are in the area.
Others are selected to be monitored due to sensitivity to adjoining
crops , schools or homes . We -are constantly reevaluating local
conditions to determine which applications should be monitored.
Our policy with homeowners is to respond as quickly as possible to
complaints and requests for information. We also work to educate
the public about the materials used and farm practices in an effort
to reduce fear of the 'unknown' .
A common request� we receive from concerned homeowners is that they
be notified of applications prior to them taking place. We are not
able to provide this service. State regulations do not require
notification of all applications to our Department. As a result, I
we have no prior knowledge of some of the applications taking
i
3
ATTACHIIENT II — A
BRENTWOOD UNION SCHOOL DISTRICT
DISTRICT OFFICE WILLIAM B. BRISTOW, DISTRICT SUPERINTENDENT GARIN SCHOOL
TEL. 415/634.1168 TEL. 415/634.5252
BRENTWOOD SCHOOL 250 FIRST STREET EDNA HILL SCHOOL
TEL. 4151634.3408 BRENTWOOD.CALIFORNIA 94513 TEL.4151634.3548
BUSD FAX:(415)834-8583
November 14, 1990
John H. DeFremery
Agricutural Commiss%ner
161 John Glenn Dr.
Concord, CA 94520
Dear Mr. DeFremery:
Dick Mello requested that I write you regarding any experiences r
our District has had concerning spraying and use of pesticides on
or near our school campuses.
To my knowledge last month we had concerns expressed by Mrs.
Camelia Yarborough (although not directly to me or the principal )
regarding her son Aaron Nunes who came home complaining of being
sick. She reported that he smelled spray at school while he was
outside. Later my maintenance supervisor took a call from a Mr.
Larry King stating that his children who attended Garin School had
smelled spray. Our maintenance supervisor assured Mr. King that
our employees had done no spraying and to his knowledge that Va-
quero Farms who leases the land next door , had not sprayed.
Past practice has been that when the neighboring farmer sprays any
chemical , he has contacted my office on Thursday or Friday prior
to a weekend or vacation period when he intends to spray. We no-
tify our teachers that spraying i.s planned for the weekend or
holiday period'.
Other than the parents referred to above to my knowledge we have
no complaints from any of the other parents or the approximately
650 children who attend the Garin School . We do monitor the at-
tendance of children on a daily basis at Garin School .. We find no
evidence that there are any differences in attendance of children
at Garin School from the attendance of those at our other two
schools. Of course attendance at all schools is affected by in-
clement weather, and those times when we are in the flu season,
etc.
We are concerned when we are told that any child's health is af-
fected by any action that is taken on or near the schools.
Please contact me if I can be of further assistance.
Sincer y, .
i
i iam B. Bristow
Superintendent
ATTACHMENT II — C
a
. s
Byron Union. School District
CONTRA COSTA COUNTY
ROUTE 1,BOY 43.BYRON.CALIFORNIA 94514-9251
(4 15)634-21_'3
FAX(415)634-9421
BYRON ELEMENTARY SCHOOL DISCOVERY BAY ELEMENTARY SCHOOL
ROLTE 1.BOX 43 1700 WILLOW LAKE. ROAD
BYRON.CALIFORNIA 94514-92-51 BYRON.CALIFORNLA 94514-9375
(4 15.)634-2 L'3
(415)634-3130
.
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CONTRA COSTA COUNTY
= Q HEALTH SERVICES DEPARTMENT
PUBLIC HEALTH DIVISION
TT'1 COUy�
November 19, 1990
To: Environmental Affairs Committee
Zupervisor Nancy Fanden
'Supervisor Tom Torlakson
From: Wendel Brunner, M.D.
Director of Public Health
Re: Spraying of Agricultural Pesticides in the
Brentwood Area
The Health Services Department began investigating citizens'
concerns about,) agricultural pesticide spraying in late August,
1990 . We received several reports that homes and residential areas
had been oversprayed by various pesticides, and later we received
reports from several physicians of possible pesticide related
illnesses in children.
We immediately convened a meeting to discuss the situation
including Jacki�,deFremery, Director, County Agricultural Department;
Dr. Ruth Lowengart, Contra Costa County Occupational Health
physician; and;: Dr. Jim Stratten and Dr. Don Mangel from the State
Health Services Department, Environmental and Pesticide Toxicology
Section. That ,meeting was followed on September 10 by a sitevisit
by Dr. Lowengart and County Agricultural staff to the home of
Camille Yarborough, one of the residences where there was concern
about pesticid°e spraying.
AERIAL SPRAYING OF AGRICULTURAL PESTICIDES
The County Agricultural Department regulates the use of
agricultural pesticides. Those regulations forbid the application
of restricted 'pesticides, which are the most hazardous pesticides,
within 500 feet of the schools. Those regulations also forbid the
application of restricted pesticides near subdivisions, with buffer
zones of various distances depending upon the pesticide used.
State law requires all physicians who diagnose or suspect a
pesticide-related illness to report to the county health department
within 24 hours,. We are sending a letter to all physicians in East
County reminding them of this requirement and giving them
information about how to make these reports to the health
department. There are no specific forms for physicians to report
pesticide related illnesses, as we want to encourage physicians to
make immediatey[reports by telephone. The intent of this reporting
is to prevent further pesticide exposures to individuals through
prompt notification of health and agricultural authorities, and to
enable timely investigation of possible exposures .
CONCLUSIONS AND RECOMMENDATIONS
1. Accidental: spraying of agricultural pesticides on residential
areas is a significant public health concern and can lead to
injury ori illness . At the minimum the existing regulations
on aerial pesticide spraying should be strictly enforced.
Those regulations should be examined to see if they are
gu
adequate "to protect residential areas from accidental aerial
application or aerial drift of pesticides . These problems
will be exacerbated as new homes and subdivisions are built
in what had been previously predominantly agricultural areas.
2. Physicians should be encouraged to promptly report suspected
Pesticide Related Illnesses to the Health Services Department,
so that we can quickly identify and follow-up on possible
pesticide health problems. All physicians in East County will
receive a, letter from the Health Services Department informing
them howlto make such reports.
3. The County Health Services Department will maintain close
contact with the State Department of Health Services, and in
particular their Environmental Toxicology and Pesticide Unit.
The DOHS,,, has considerable experience with similar pesticide
issues from its work in Central Valley communities which can
be appliedI in Contra Costa County. In addition, number of
DOHS studies of possible pesticide effects in communities
should be evaluated to determine if they would lead to
recommendations applicable in Contra Costa County.
3
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