To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: PROPOSED RESPONSE TO GRAND JURY REPORT NO. 2404, COUNTY PETROLEUM REFINERIES AND HAZARDOUS MATERIAL RELEASES - IMPROVING THE HAZMAT RESPONSE
☐Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT report prepared by the Health Services Department as the Board of Supervisors' response to Contra Costa Civil Grand Jury Report No. 2404, entitled “County Petroleum Refineries and Hazardous Material Releases - Improving the Hazmat Response” (Report), and DIRECT the Clerk of the Board to transmit the Board’s response to the Superior Court no later than September 9, 2024.
FISCAL IMPACT:
There is no fiscal impact for this action.
BACKGROUND:
The 2023-24 Contra Costa County Civil Grand Jury filed the above-referenced report on June 11, 2024 (see Attachment) which was addressed to and received by the Board of Supervisors on June 25, 2024 and subsequently referred to the County Administrator, the Health Services Director, and the Sheriff-Coroner for response.
Attached are the proposed responses to the grand jury’s findings and recommendations prepared by the County Administrator and the Health Services Department. The California Penal Code specifies that the Board of Supervisors must forward its response to the Superior Court no later than September 9, 2024 (90 days from the date of the report’s filing).
The report includes four (4) findings assigned to the Board of Supervisors. For each finding, the County is responsible for indicating one of the following actions:
• We agree with the finding.
• We disagree with the finding.
• We partially disagree with the finding.
In each case where the County disagrees or partially disagrees, the County must specify the portion of the finding that is disputed and include an explanation of the reasons therefore.
The report concludes with four (4) recommendations assigned to the Board of Supervisors; however, the department has also prepared a response to Recommendation R.7. The Grand Jury did not request a response from anyone on this recommendation, but staff recommends responding to this recommendation because staff plans to submit the new CUPA permit fee schedule to the Board of Supervisors for consideration by December 31, 2024. For each recommendation, the County is responsible for stating one of the following actions:
• The recommendation has been implemented, with a summary describing the implemented action.
• The recommendation has not yet been implemented but will be implemented in the future, with a timeframe for implementation.
• The recommendation requires further analysis. This response should explain the scope and parameters of the analysis or study, and a timeframe for the matter to be prepared for discussion. This timeframe shall not exceed six months from the date of the publication of the Grand Jury Report.
• The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation thereof.
The attached draft responses are presented for the Board of Supervisors’ consideration to transmit to the presiding judge. The response must be provided no later than September 9, 2024.
CONSEQUENCE OF NEGATIVE ACTION:
Should the Board not adopt a response today, the County will miss the response deadline.