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HomeMy WebLinkAboutMINUTES - 05201997 - D8 NOTE TO THE MINUTES OF MAY 20, 1997 D� The board order for item D.8 on this date,has been mis-filed or misplaced. Attached is a transcript of the tape from this date on that item and a copy of the summary. When the order is located, it will replace these items. Chair DeSaulnier: We will now move to D8 which is a report on the use of an outside expert to review and comment on the procedures and policies in place in the County for working with oil refineries. I had asked Mr. Batchelor to draft a board order and that's why his name and Dr. Walker's on this and it follows some comments that have been made by Supervisor Canciamilla in terms of looking at looking at all of our issues with industrial uses, particularly refineries and hazardous materials sites more in a holistic way, if that's the appropriate, not holistic in terms of medicine but a more global approach to looking at all our policies and procedures, so it's to ask Mr. Batchelor to come back with Dr. Hill on June 17. Mr. Batchelor do you have anything to add? Mr. Batchelor: We have talked to Dr. Hill. He has indicated that he'll be in the County in the next few days. That he will do the study. We've got a contract with him. He's going to look at the policies and procedures. He will have that written up and be able to be back in town on June 17 to give a report to the Board and we are then asking that perhaps a Phase II looking at the safety ordinances that have been proposed or have been adopted by the Board be reviewed for safety considerations and we can talk to him about that. Chair DeSaulnier: I think the only thing Phil and I didn't sign this and I didn't have a chance to read it before I got it from you and it although it was a suggestion from me that we go ahead and that Mr. Batchelor and Dr. Walker put it together under Background, I think the idea of a Second Phase is sort of stating the necessary - the obvious=I'd rather keep it as broad as it is in the Recommendations and not go on any further than that because once we get him here and get some feedback from the oil companies in terms of their participation I think the Board should more dialogue about what their- what they would like him to do rather than start to fix it at all. Mr. Batchelor: Certainly. Supervisor Uilkema: So you're suggesting that the first two paragraphs that we accept and that the second Chair DeSaulnier: Yes. Supervisor Uilkema: The last two paragraphs. Chair DeSaulnier: Around background. Supervisor Uilkema: Uh huh. Chair DeSaulnier: Supervisor Gerber and then Supervisor Rogers. Supervisor Gerber: Let me first of all clarify what you just did. Are you saying that paragraphs—Recommendations 3 and 4 not be considered? Chair DeSaulnier: We deleted the background information. Those two paragraphs. I think we need to—you're correct—we need to be more specific or maybe less specific in number 3 which is just to request him to come and discuss with us a review of all issues pertaining to industrial safety in the County. Keep it as broad as possible until we can actually meet with him. Because it may be possible he will come and say that he has expertise in some fields and is not so comfortable in others. Supervisor Uilkema: And delete number 4? I think that's quite premature. Supervisor Gerber: I do too. DeSaulnier: Alright we'll delete—why don't—do you want to just delete 3 and 4? Supervisor Gerber: Yes DeSaulnier: Alright we will delete 3 and 4. The motion would be to accept number 1 - Recommendations number 1 and number 2. The first one is to acknowledge that at the Board's direction the Health Services Director has contracted with Paul L. Hill, Ph.D., President National Institute for Chemical Studies, to conduct a review of the County's written policies and procedures for working with oil refineries and then number 2 is to request that the County Administrator provide the Board of Supervisors with a report from Dr. Hill and it will be an oral report from him himself I'm taking it on June 17, 1997. Batchelor: Mr. Chairman I just was told that Dr. Hill can't get here until the 241h DeSaulnier: Alright. So let's change that one to the 24th Supervisor Canciamilla: So moved. Supervisor Rogers: Second. DeSaulnier: Alright any further discussion? If we have no request to speak- is that right Madam Clerk? Gerber: Just one item of discussion relative just so the Staff know if at some point we're going to get into some sort of discussion about trying to get funding in this area I would like to be able to discuss frankly alternatives to getting funding from the industry. Batchelor: Okay and we're not asking for any funding for what he's going to do in Phase I so we're paying for that. DeSaulnier: I know that I've gotten some comments from a few people the concern that if oil if the oil industry pays for it then it becomes perhaps a tainted report and my original suggestion was more around the idea of a financial feasibility study that sometimes municipalities do where they ask developers to pay for study but the client is J( in that case the municipalities,planning department or division in this case it would be Health Services so I think when those are done properly and is very clear who the client is and we get a check there is very little possibility that they're tainted and it's really a question of how it's done and I think we can do that. And, therefore, get industry to work in a cooperative manner. They may choose not to and then we have to pay for it out of the general fund. Uilkema: I think we need to see what happens as a result of number 1 and number 2 and then decide whether or not—right now I think this would be just a cause for great alarm. I hear what you're saying but I am very inclined to say that we need to do this a step at a time and calmly so that we don't repeat some of the hysteria that I saw around this whole subject prior to my arrival on this Board. DeSaulnier: And I think that's a fair observation. However, we did begin this before the Board turned over, so. We will take our time and get it done right. So I appreciate this report. So we have a motion of second on 1 and 2 with a change that it will be on June 24`h that we will hear from Dr. Hill. All those in favor. Aye. DeSaulnier: Opposed? Dr. Walker did you have anything to add. Alright. Uilkema: After we've acted we ask for his input. DeSaulnier: That's the best way. Y ,i _ DELIBERATION ITEMS Continued D.6 - Continued C. CONFIRMED Final Engineer's Report and ADOPTED Ordinance No. 97-16, fixing annual water service charges for fiscal year 1997-98 for County Service Area M-28 and collecting annual water service charges on the tax roll, Bethel Island area; CONFIRMED Final Engineer's Report and ADOPTED Ordinance No. 97-17, fixing annual water service charges for fiscal year 1997-98,-,for County Service Area M-27 and collecting annual water service charges on the tax roll, Bethel Island area;`and CONFIRMED Final Engineer's Report and ADOPTED Ordinance No. 97-18, fixing annual water service charges for fiscal year 1997-98 for County Service Area M-26 and collecting annual water service charges on the tax roll, Bethel Island area. D.8 ACKNOWLEDGED that, at the Board's direction, the Health Services Director has contracted with Paul L. Hill, Ph.D., President, National Institute for Chemical Studies, to conduct a review of the County's written policies and procedures for working with oil refineries and to provide a report to the Board of Supervisors on his comments on those policies and procedures; and REQUESTED the County Administrator and.Health Services Director to provide the Board of Supervisors with a report from Dr. Hill on June 24, 1997, summarizing his observations and recommendations regarding the County's written policies and procedures for working with oil refineries. D.9 ADOPTED Resolution No. 97/253 approving the recommendation of the Acting Animal Services Director, rescinding Resolution 94/455, and approving fees effective June 1, 1997. D.10 ACCEPTED report from the Family and Human Services Committee on aspects of the Community Services Department and its programs, including Head Start. D.11 CONSIDERED preliminary report from the Clerk-Recorder on the status of election fees and a 5-year Master--Plan for facilities and capital; and DIRECTED that the Clerk-Rec6r6er b`e-included in discussions of permanent facility replacement. D.13 ACCEPTED the report from the Health Services Department entitled "The Bucket Brigade-A Community-based Air Sampling Pilot Project"; AUTHORIZED the Health Services Director to continue to develop project details along the lines of the report, and see outside funding to implement a pilot project; DIRECTED the Health Services Director to investigate possible sources for funding the program for an additional $25,000; and DIRECTED that the Health Services Director and County Counsel provide a status report to the Board of Supervisors on the issues including funding, liability, implementation of the program and coordination of the Bay Area Air Quality Management District Board's input. 3 (05-20-1997 - Sum) - b DELIBERATION ITEMS - Continued 2:00 P.M. DA Workshop with the Equal Opportunity Employment Advisory Council 2:30 P.M. D.5 A. CONSIDER accepting the report from the Community Development Director on the current status of the Household Hazardous Waste Program operated by the County Health Services Department, and AUTHORIZE the Community Development Director to require payment from the applicable Solid Waste Haulers and allow reimbursement from the rate payers as a pass-through expense at each hauler's next rate setting. B. CONSIDER approving the initiation of Franchise Fees in the areas served by Garaventa Enterprises and Pleasant Hill Bayshore Disposal as allowed by their Franchise Agreements with the County, effective June 1, 1997, and allocating funds to the Solid Waste Programs for the unincorporated County. C. CONSIDER recommendations to approve and authorize the Community Development Director to execute a contract with NewPoint Group in the amount of$29,980 to review and modify the solid waste rate setting methodology, and assess existing rates for the unincorporated area served by Richmond Sanitary Service (RSS). D. CONSIDER approving and authorizing the Community Development Director, or designee, to execute a contract with NewPoint Group for an amount not to exceed $25,000 to develop a solid waste collection rate setting process and methodology manual. 3:00 P.M. D.6 A. HEARING to consider adoption of Final Engineer's Report and approval of annual sewer service charges for Sanitation District No. 5, Port Costa area, and Sanitation District No. 6, Martinez area; and B. HEARING to consider adoption of Final Engineer's Report and approval of annual sewer and water service charges for Sanitation and Water District No. 19, Discovery Bay area; and C. HEARING to consider adoption of Final Engineer's Report and approval of annual service charges for County Service Areas M-26, M-27, and M-28, Bethel Island area. D.7 CONSIDER directing County Counsel to report on the authority of the Board of Supervisors regarding oil company gasoline.zoned price fixing, as requested by Supervisor DeSaulnier. D.8 CONSIDER the report from the County-Administrator and Health Service's Director on the use of an outside expert to advise the County on the existing:written process and procedures for dealing with oil refineries and future steps which might be Taken in this regard. 3:30 P.M. D.9 HEARING on proposed revision to the fee schedule for the Animal Services Department. D.10 CONSIDER approving the recommendations of the Family and Human Services Committee on various elements of the Community Services Department's programs. 2 (05-20-1997)