HomeMy WebLinkAboutMINUTES - 05242005 - C59 TO: BOARD OF SUPERVISORS
William Walker M.D. Health Services Director
FROM. ; Contra
By: Jacqueline Pigg,Contracts Administrator
Costa
DATE: April 27, 2005
. � County
A�
SUBJECT: Approval of Contract#23-242-7 with Michael J. Kent
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
ItECOMMENDATION�S�:
Approve and authorize the Health Services Director, or his designee (Wendel Brunner, MD) to
execute on behalf of the County, Contract #23-242-7 with Michael J. Kent, a self-employed
individual, in an amount not to exceed $74,250, to provide ombudsperson program services with
regard to hazardous materials issues, for the period from May 1,2005 through April 30,2006.
FISCAL IMPACT:
This Contract is funded 100%by Hazardous Materials Division funds (Industry Fees).
BACKGROUND/REASON(S)FOR RECOMM[ENDATION�S):
The.Board of Supervisors authorized the Health Services Director to establish an ombudsperson
program for hazardous materials issues, as a component of the Industrial Safety Ordinance, to
provide a single point of contact for people who live or work in the county with regard to
environmental health concerns, questions, and complaints about the Hazardous Materials
Programs.
On May 4, 2004, the Board of Supervisors approved Contract#23-242-6 with Michael J. Kent, for
the provision of ombudsperson program services for the Hazardous Material Division, for the
period from May 1, 2004 through April 3 0, 2005.
Approval of Contract #23-242-7 will allow the Contractor to continue providing services through
April 30,2006.
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CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECO SNDA ION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES .
ACTION OF BOARD APPROVED AS RECOMMENDED OTHER
YX
F
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS {ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOM- AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
JOHN SWEtf N,CLE-4F THE BOARD OF
SUPERVISOTTS AND COUNTY ADMINISTRATOR
Contact Person: Wendel Brunner,MD 313-6712
CC: Health Services Dept. (Contracts)
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Auditor-Controller .,
Risk gy
Management .r
� DEPUTY
Contractor
Hazardous Materials Ombudsman Activity
Update—October 1.2004 through April 30,20115
I. Introduction
On July 15, 1997 the Contra Costa County Board of Supervisors authorized creation of
an Ombudsman position for the County's Hazardous Materials Programs. The first
Hazardous Materials Ombudsman began work on May 1, 1998. The Contra Costa County
Board of Supervisors adopted an Industrial Safety Ordinance on December 15, 1998.
Section 450-8.022 of the Industrial Safety Ordinance requires the Health Services
Department to continue to employ an Ombudsman for the Hazardous Materials
Programs. Section 450-8.030(B)(vii)of the Industrial Safety Ordinance requires an
annual evaluation of the effectiveness of the Hazardous Materials Ombudsman, with the
first evaluation to be completed on or before October 31, 2000. This activity update
covers the period from October 1, 2004 through April 30, 2005
11. Program Elements
1. Continuing the Outreach Strategy
During this six-month period efforts were continued at conducting outreach at public
meetings and expanding the language capabilities of the outreach. Presentations were
made to the Rhodia CAP,the West Boulevard Neighborhood Action Team, and classes at
Richmond High School and the University of California. Copies of the Ombudsman
Brochure were translated into Spanish and were distributed to the public at meetings,
presentations,public events, and through the mail. A contact person was also continued
in Public Health that could receive calls from the public in Spanish and serve as an
interpreter to respond to these calls. In addition to explaining the services provided by the
position, the brochure also provides the phone numbers of several other related County
and State programs. The web page was maintained for the program as part of Contra
Costa Health Services web site. This page contains *Information about the program, links
to other related web sites, and information about upcoming meetings and events. A toll-
free phone number is still published in all three Contra Costa County phone books in the
Government section,
2. Investigating and Responding to Questions and Complaints,and Assisting in
Information Gathering
A. Responding to Questions and Complaints
During this six-month period,the Hazardous Materials Ombudsman received 120
requests for assistance from the general public. This was a 37%increase over the same
period last year. Over 98 percent of these requests occurred via the telephone, and have
been requests for information about environmental issues. Most of these requests concern
problems around the home such as asbestos removal,household hazardous waste
disposal,pesticide misuse, and lead contamination. To help the County better respond to
the large number of public inquiries about mold,the Ombudsman help update the
County's web-page about mold and wrote a Contra Costa Times article about mold.
During this period,the Hazardous Materials Ombudsman did not receive any complaints
about the activities or actions of the Hazardous Materials Programs. However,the
Ombudsman spent significant time coordinating the community response to a chemical
release that occurred at the Conoco-Phillips refinery on October 31, 2004. In the months
following the incident the Ombudsman worked with staff from Supervisor Uilkema's
office,,the Hazardous Materials Program,the Office of the Sheriff, and the Bay Area Air
Quality Management District to review environmental data, convene a public meeting,
and respond to citizen questions.
B. Assisting in Information Gathering
Many of the environmental pollution issues that Contra Costa residents are concerned
about are on-going regulatory programs or industrial activities. Helping people to
participate in these regulatory activities or to effectively advocate their interests about an
industrial activity usually means providinp,them with more information or advice than
can be done With a single phone call. Often these issues are complex and can take months
to resolve. Some of this is done through technical assistance, which will be covered in the
next sect-ion.
Another way of helping the public to gather *information is to ensure the public has the
opportunity to be informed about, and participate in, important decisions related to
environmental protection. The Hazardous Materials Ombudsman has done this by
organizing,promoting and facilitating public involvement in important hazardous
materials issues. These are as follows:
• Industrial Safety Ordinance Public Participation—The ordinance requires that
public meetings be held at various stages of the process. During this six-month period
the Ombudsman has been working with staff from the Hazardous Materials Program
to prepare the outreach efforts for the facilities up for review in 2005. This public
participation effort will take place in the second half of 2005.
• Post- Chemical Incident Surveys—As a result of discussions held at a Protecting
the Public conference in 1999,the Hazardous Materials Ombudsman took the lead in
developing a telephone survey that would be administered to people in the area
affected by a chemical accident. During this six-month period one additional survey
was conducted after the October 31, 2004 incident at ConocoPhillips. The
Ombudsman facilitated the presentation of the results of the survey to two committees
of Contra Costa County CAER.
• Bay Area Air Quality Management District Workshops and Activities—During
this six-month period the Ombudsman assisted an organization hired by the Air
District called Community Focus in developing and implementing community
involvement projects in the Richmond area. This year,they are developing a
workshop►for local businesses on diesel engine retrofit opportunities as part of an
overall effort to reduce diesel pollution. The Ombudsman also participated in the Air
District's technical work group for developing a refinery flare control rule and
attended two public workshops on the proposed refinery flare control rule.
• Fish Consumption Advisories—During this six-month period the Ombudsman
continued to service on the State Department of Health Service's Contaminated Fish
Consumption Advisory Committee. He also assisted two local recipients of grants
from DHS to conduct educational outreach activities in Contra Costa County.
3. Participating in a Network of Environmental Programs for the Purpose of
Providing Technical Assistance.
Technical assistance means helping the public understand the regulatory, scientific,
political, and legal aspects of issues. It also means helping them understand how to
effectively communicate their concerns within these different arenas. This year,the
Ombudsman continued to staff a number of County programs, as well as participate in
other programs to be able to provide technical assistance to the participants and the
public.
CAER(Community Awareness and Emergency Response) - This non-profit
organization addresses industrial accident prevention, response and communication.
The Ombudsman participated in the Emergency Notification subcommittee of CAER.
• Hazardous Materials Commission—In 2001,the Ombudsman took over as staff for
the commission. As staff to the commission,, the Ombudsman conducts research,
prepares reports, and staffs Commission meetings. During this six-month period the
Commission has addressed issues such as electronic waste disposal, Indoor Air
Quality Standards, refinery infrastructure permit process,, and the Precautionary
Principle.
• Public and Environmental Health Advisory Board—As staff to the Environmental
Health subcommittee of PEHAB9 the Ombudsman completed a report on pest
management issues in the County in March, 2001. In response to this report,the
Board of Supervisors asked Health Services and the County Agricultural
Commissioner to convene a Task Force to develop an Integrated Pest Management
Policy for the County. The Ombudsman represented Health Services as co-chair of
this Task Force. The policy was adopted by the Board of Supervisors in November of
2002. During this six-month period the Ombudsman continued to represent Health
Services on the Task Force as they implemented the policy, and prepared the annual
report to the Board of Supervisors for the IPM program.
Asthma Management Team—During this six-month period,the Ombudsman
participated in the Public Health Department's asthma management team as a
resource on environmental health issues. The Ombudsman also participated in both
county-wide and west-county asthma coalitions. He is serving on the technical
advisory committee for a report being prepared by the County-wide asthma Coalition,
and has provide extensive support for an indoor air-monitoring project being
conducted in Richmond as part of the West County Asthma Coalition's diesel
pollution reduction strategy.
• Community Collaborations—The Ombudsman served in a technical assistance
capacity during this six-month period for implementing this Public Health
Department Program. The Ombudsman gave two workshops to community residents
on Environmental Justice, and is supporting their efforts to identify the environmental
risks in their communities.
Emergency Communications—Since the events of September 11, 2001 the County,
as well as the rest of the Country,has focused more attention on being prepared for
emergencies related to weapons of mass destruction and terrorists attacks. In 2003 the
Ombudsman was asked to join Health Services' Emergency Management Team. The
Ombudsman continued to participate in the EMT during the six-month period.
• Environmental Justice—In September of 2003,the Board of Supervisors adopted an
Environmental Justice policy. At that time they directed each County Department to
designate an existing staff member as a representative to a County-wide
Environmental Justice committee. The Ombudsman was designated by the Health
Services Director to be the representative for the Health Services Department. During
the six-month period the Ombudsman worked with the Public Health Division to
develop their Environmental Justice Program.
The Hazardous Materials Ombudsman also attended workshops,presentations,meetings
and trainings on a variety of environmental issues to be better able to provide technical
assistance to the public. These were sponsored the California Air Resources Board,the
State Department of Health Services,the Bay Area Air Quality Management District,
CalTrans and the Contra Costa Council.