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Home My WebLink AboutMINUTES - 04022006 - C.38 8----�.:o TO: BOARD OF SUPERVISORS Contra F FROM: INTERNAL OPERATIONS COMMITTEE s Costa C. DATE: MAY 2, 2006 P STA 1561- County SUBJECT: APPOINTMENTS TO THE HAZARDOUS MATERIALS COMMISSION SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: 1. APPOINT the following individual to the Environmental #1 Alternate seat to a term expiring December 31, 2009: Igor SkaredofF 411 Isabel Drive Martinez, CA 94553 2. SWITCH and RE-ASSIGN incumbent Sharon Fuller and former member Frank Gordon between the General Public and Environmental #1 seats. 3. DIRECT the Commission to report back to the Internal Operations Committee on member attendance in 90 days. BACKGROUND: The Hazardous Materials Commission was established in 1986 to advise the Board, County staff and the mayors' council members, and staffs of Contra Costa cities, on issues related to the development, approval and administration of the County Hazardous Waste Management CONTINUED ON ATTACHMENT: YES SIGNATURE: RMMENDATION OF COUNTY ADMINISTRATOR __J, P1 CA O OMME N OF BOARD COMMITTEE _APPOVE _OTHER SIGNATURE(S): G LE WJALKEMA, Chair MARK DeSAULNIER ACTION OF BOARD ON APPROVE AS RECOMMENDED V7 C/kER_ VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN _UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOE5: SHOWN. ABSENT: ABSTAIN: ATTESTED: MAY 9,2006 CONTACT: JULIE ENEA (925)335-1077 JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR CC: INTERNAL OPERATIONS COMMITTEE MICHAEL KENT,STAFF,HAZMAT COMMISSION CLERK OF THE BOARD(MADDY BOOK) BY ,DEPUTY I Hazardous Materials Commission Appointments May 2, 2006 Internal Operations Committee Page 2 Plan. Specifically, the Board charged the Commission with drafting a hazardous materials storage and transportation plan and ordinance, coordinating the implementation of the hazardous materials release response plan and inventory program, and to analyze and develop recommendations regarding hazardous materials issues with consideration to broad public input, and report back to the Board on Board referrals. The Commission has 13 members, each with an appointed alternate: 2 city representatives, 3 business representatives, 3 environmental organization representatives, 1 League of Women Voters representative, 2 labor representatives, 1 environmental engineering firm representative, and 1 general public representative. Terms for all seats are four years. The IOC reviews nominations to all seats except those designated for cities. The Internal Operations Committee reviewed and approved the nomination of Igor Skaredoff to the Environmental #1 Alternate seat at it May 2, 2006 meeting. Commission member Frank Gordon became ineligible for his Environmental #1 seat because the environmental agency he was representing disbanded. Sharon Fuller, currently a General Public seat incumbent, meets the eligibility requirements for the Environment#1 seat. To maintain participation of both members, the Internal Operations Committee recommends that these two individuals be re-assigned to the other's seats. IOC Packet 5/1/06 Item 5(a) 2006 INTERNAL OPERATIONS COMMITTEE NOMINATIONS FOR APPOINTMENT TO THE HAZARDOUS MATERIALS COMMISSION The Hazardous Materials Commission was established in 1986 to advise the Board, County staff and the mayor's council members, and staffs of the cities within the County, on issues related to the development, approval, and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a hazardous materials storage and transportation plan and ordinance, coordinating the implementation of the hazardous materials release response plan and inventory program, and to analyze and develop recommendations regarding hazardous materials issues with consideration to broad public input, and report back to the Board on Board referrals. The Commission has 13 membels, each with an appointed alternate: 2 city representatives, 3 business representatives, 3 environmental organization representatives, 1 League of Women Voters representative, 2 labor representatives, 1 environmental engineering firm representative, and 1 general public representative. Terms for all seats are four years. The IOC reviews nominations to all seats except those designated for cities. On April 3, the Committee was asked to consider the following actions as recommended by the Commission: • Re-assign Sharon Fuller from the General Public seat to the Environmental #1 seat to a term expiring December 31, 2009. • Re-assign Frank Gordon from the Environmental#1 seat to the General Public seat to a term expiring December 31, 2007. • Appoint Igor Skaredoff to the Environmental #1 Alternate seat to a term expiring December 31, 2009. Supervisor Uilkema expressed concerns about the viability of the Hazardous Materials Commission and requested information about attendance and quorum history before giving consideration to new appointments. May 1, 2006 Attached are the requested materials concerning Hazardous Materials Commission attendance: 1. Table of attendance for 2005/06 2. 2005 annual report 3. Commission guidelines concerning attendance 4. Commission by-laws concerning attendance The Commission requests reconsideration of its nominations for appointment to the current vacancies. I I ' I Hazardous Materials Commission Attendance Month Operations Planning Commission (6 members) (7 members (13 members) January, 2005 3 5 9 February - 7 9 March 4 4 9 April 2 6 10 May 3 4 11 June 3 - 10 July 3 6 10 August 3 4 10 September 3 5 9 October 3 6 8 November 4 - - December - - 10 January, 2006 (a) 2 6 7 February - - 10 March 3 6 7 Aril 4 5 - Avg. 3 5.4 9.2 (a)—The term of one of the Environmental seats serving on the Planning and Policy committee expired at the end of 2005, and has yet to be filled. So the number of members available to make a quorum for full Commission meetings is now 12, and the number available for the Planning and Policy committee is 6. In addition to the vacant Envirlonmental seat and Environmental Alternate seat nominations the Commission made previously to the Internal Operations committee, a vacant City alternate representative has been nominated by the Mayor Conference and is awaiting approval by the Board of Supervisors. 2005 ANNUAL REPORT Advisory Body Name: Hazardous Materials Commission Advisory Body Meeting Time/Location: Fourth Thursday of every months, 4-6 pm, 2477 Arnold Industrial Way, Concord Chair: Sabiha Gokcen, Contra Costa Taxpayers Association Staff: Michael Kent, Contra Costa Health Services Reporting Period: January-December 2005 ACTIVITIES The Commission followed-up on internal operating recommendations from a self-evaluation conducted in 2004; evaluated the County's response to four major chemical accidents for potential policy changes; analyzed and took action on a California Energy Commission proposal concerning permitting oil refining-related projects;reviewed federal, state and local Environmental Justice policy implementation, reviewed and commented on the implementation of state and county drug-lab cleanup policies; analyzed for policy-recommendation consideration the County's Indoor Air Quality policy, electronic waste disposal program, Green Building program, stormwater management program related to household hazardous waste disposal, and pharmaceutical disposal program; and received presentations on the County's Community Warning System, the(Hospital Council's Health Indicators report, the Hazardous Materials Area Plan, the Industrial Safety Ordinance public outreach strategy, the California Highway Patrol's hazardous materials response program, and two hazardous waste transportation studies conducted by the Hazardous Materials Program. ACCOMPLISHMENTS The Commission's recommendation to the Board of Supervisors that they support a California Energy Commission policy recommendation on the oil refinery-related permitting process was accepted. (This recommendation was developed because early proposals by the California Energy Commission would have taken permitting authority away from local governments. Extensive study and comment on these earlier proposals by the Hazardous Materials Commission contributed to the final recommendation by the California Energy Commission being to leave permitting control with local governments.) The Commission wrote a letter of support for the adoption of the County's Green Business Program, which was adopted. Commission members met individually with each of the members of the Board of Supervisors to brief them on Commission activities and to learn about their issues of concern. The Commission strengthened its guidelines by defusing the eligibility requirements for candidates for the Environmental seat, and by allowing more flexibility for chair and co-chair eligibility. The Commission provided input to the California Department of Toxic Substances Control drug lab clean-up pilot program. The Commission analyzed for policy-recommendation consideration five county programs related to hazardous waste management. ATTENDANCE/REPRESENTATION The 13-member Commission has members from organized labor, environmental groups, industry, cities, environmental engineering firms, and the public at large. The Commission has membership from all regions of the County. All seats on the Commission were occupied this year. The Commission held 11 meetings this year, as well as 10 meetings of the Operations subcommittee and 9 meetings of the Planning and Policy Development subcommittee. All of the full Commission meetings obtained a quorum, with an average of 9.5 of the 13 members or their alternates being present at these meetings. TRAININGWERTIFICATION - No training or certification was provided or conducted. PROPOSED WORK PLAN/OBJECTIVES FOR NEXT YEAR Next year the Commission intends to continue monitoring the implementation of the County's Environmental Justice Policy, the DTSC pilot project on illegal dumping, county-wide electronic waste disposal programs, and pharmaceutical waste disposal policy development. The Commission also plans to complete the evaluation of policy options around household hazardous waste issues in stormwater permits and hazardous waste transportation emergency response. The Commission will continue to implement the changes and activities that came out of the self- evaluation process conducted in 2004. The Commission will also respond to any requests from the Board of Supervisors and continually evaluate emerging issues, including the Precautionary Principle. 2 Hazardous Materials Commission Guideline Attendance Requirements If a member, or their alternate attending in their place, misses 3 out of any 6 commission and committee meetings, the Commission will send a letter to the constituency group of that member informing them of the absences and the Commission by-law requirement that if a member,or their alternate attending in their place, misses more than half of the full Commission meetings held in the final year of their term, the Commission would recommend against reappointment for another term. Hazardous Materials Commission Bylaws Attendance Requirements C. Terms. Members shall serve staggered terms of four-years at the pleasure of the appointing authority. TI'here is no limit to the number of terms a member may serve. The Commission shall determine how the terms shall be staggered. If a Commissioner, or their alternate attending in their place,misses more than half of the full Commission meetings held in the final year of their term, the Commission shall recommend to the Board of Supervisors against reappointment for another term. I sE Contra TO: BOARD OF SUPERVISORS ?� p FROM: William B. Walker, M.D. Costa o s Director, Health Services Department DATE: March 13, 2006 cdsra �v County SUBJECT: Re-Assignment and Appointments to the Hazardous Materials Commission SPECIFIC REQUEST(S)OR RECOMMENDATION(S)1&BACKGROUND AND JUSTIFICATION RECOMMENDATION: RE-ASSIGN the following individual from the General Public Seat to the Environmental Seat#1 fora term expiring on December 31, 2009, effective April 1, 2006: Sharon Fuller 445 Valley View Road, Suite D Richmond, CA 94803 APPOINT the following individual to the vacated General Public Seat for a term expiring on December 31, 2007, effective April 1, 2006. Frank Gordon 59 Edgewater Place Pittsburg, CA 94565 APPOINT the following individual to the Environmental Seat#1 alternate for a term expiring on December 31, 2009: Igor Skaredoff 411 Isabel Drive Martinez, CA 94553 BACKGROUND: The Hazardous Materials Commission was established in 1986 to advise the Board, County staff and the mayor's council members, and staffs of the cities within the County, on issues related to the development, approval and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a hazardous materials storage and transportation plan and ordinance, coordinating the implementation of the hazardous materials release response plan and inventory program, and to analyze and develop recommendations regarding hazardous materials issues with consideration to broad public input, and report back to the Board on Board referrals. The previous holder of the expired EnvironmentalSeat#1, Frank Gordon, cannot re-apply for his seat because the environmental group in the Pittsburg area he was representing, CAP— IT, no longer exists, and candidates for this seat must represent an environmental organization as described in the Commission's guidelines. The current General Public Seat holder, Sharon Fuller, is Executive Director for an organization, the Ma'at Youth Academy, that qualifies aslan environmental organization as described in the Commission's guidelines. The Commission feels Mr. Gordon has served well in his term as Environmental representative and is well qualified to assume the Generall Public Seat. The Commission also feels it has limited representation from the eastern portion of the County. The recommendation to re-assign Commissioner Fuller to the Environmental Seat to enable Mr. Gordon to assume the General Public Seat enables the Commission to keep an active and valuables representative from east Contra Costa County on the Commission,while meeting the Commissio''s guidelines. The Environmental Seat#1 alternate position was previously vacant, and Mr. Skaredoff is a new applicant with excellent qualifications. FISCAL IMPACT: None. CONTINUED ON ATTACHMENT: _YE SIGNATURE- RECOMMENDATION OF COUNTY ADM[I NISTRATOR RECOMMENDATION OF BOARD COMMITTEE - --- --APPROVE OTHER