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HomeMy WebLinkAboutMINUTES - 08011995 - SD6 SD.6 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on August 1, 1995 by the following vote: AYES: Supervisors Rogers, Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: None ABSTAIN: None ------------------------------------------------------------------------------ ------------------------------------------------------------------------------- SUBJECT: Oral Report From Supervisor Smith Regarding the Unocal Settlement On this date, Supervisor Smith delivered an oral report to the Board regarding the recent Unocal. Settlement and the current laws governing it. The floor was opened for public comment regarding this issue and the following persons addressed the Board: Jan Orsi; President, Crockett Chamber of Commerce, Crockett, CA; Donald R. Brown; Oil, Chemical and Atomic Workers, Rodeo, CA; and Harold R. Somerset; The Loring Group, Crockett, CA. At the end of the public comment, Supervisor Smith made the following motion which was seconded by Supervisor Torlakson: 1 . Approve and Authorize the Board of Supervisors to sponsor legislation to accomplish the following goals: A. The Board of Supervisors requests that these willful and negligent discharges [of chemicals] be deemed felonies so that the administrators of the [industrial] facilities face more stringent penalties. B. The Board of Supervisors requests that the penalties and fines be increased dramatically. C. The Board of Supervisors requests that the legislation direct that there be local control and monitoring of the penalties in order to afford local jurisdictions, such as the County and surrounding cities, control of where those monies are spent instead of the Air Quality Board. D. The Board of Supervisors requests that the legislation recognize the full detrimental impact of the discharges, not just the serious health and safety impacts, but also all of the entire impacts including the impact on the economy, the impact on the desirability of living in the community and that those impacts be reflected in the penalties. 1 2. Refer to the Finance Committee the issue of the Main Street U.S.A. funding, and ask that the Finance Committee meet with businesses in the community, including Unocal, and the Crockett.and Rodeo Chambers of Commerce in order to find some funding for that program. 3. Refer to the Finance Committee Item C.57 from this date's Consent Calendar, regarding the expenditure of the return to source funds in-Crockett from the Energy National, Inc., (ENI) Project. Direct the Finance Committee to come back to the Board of Supervisors with a recommendation of how that money should be spent. 4. Forward to the Air Quality Board the Board of Supervisors' strong opinion that discharge penalty monies, which the Air Quality Board received and benefited from, should be spent directly in the communities of Crockett and Rodeo for the direct benefit of those citizens. Supervisor Torlakson seconded the motion. Supervisor Rogers moved to amend the language in recommendation number 1 , paragraph A, to strike the word "negligent" and limit the language to "willful discharges". Supervisor Smith accepted the amendment to his motion. IT IS BY THE BOARD ORDERED that the motion to ADOPT the following recommendations: 1 , as amended, 2, 3 and 4, delineated above, is APPROVED. 1 hereby certify that th Is a true and correct copy of an action taken a tared on the M1rl otes f the Board of Su t to sh A 7 PHIL B ELO erk Bo an Ad ator tusy cc: Supervisor Smith - Unocal (via Dist. II) - Crockett Chamber of Commerce (via Dist. III Rodeo Chamber of Commerce (via Dist. II) County Administrator - Finance Committee (via CAO) County Counsel District Attorney 2 CROCKETT COMMUNITY FOUNDATION P.O.BOX 155 • CROCKETT, CA 94525 ?ELEPHOAT(510)787.9708 FAX(510)787.2459 July 10, 1995 Mr. Phil Batchelor -_ Clerk of the Board of Supervisors Contra Costa County —� 651 Pine Street, Room 106 Martinez , CA 94553-1293 JUL 131995 RE: COUNTY RESOLUTION NO. 92/757 / CLERK 80fi.�'D C St!' +,JiSOR: Dear Mr. Batchelor: Pursuant to the California Energy Commission conditions of approval through which a cogeneration plant was sited in Crockett, the Crockett Community Foundation was legally incorporated in September, 1994 . A seven member Board of Directors was elected by public ballot in December, 1994 . The Crockett Community Foundation has proceeded swiftly to establish procedures for conducting business, to communicate with our local residents and organizations, and to educate ourselves in the various facets of foundation responsibilities. A rigorous conflict of interest policy has been adopted. Committees have been established for a variety of tasks, and we intend to serve our community aggressively. The Foundation Board has been entrusted to manage public monies for the general welfare of Crockett, and we take this trust very seriously. Unlike private foundations, public participation in our meetings and activities is being encouraged. Provisions of our Bylaws meet or exceed requirements of the Ralph M. Brown Act on every matter. Records of the Foundation are available for public viewing at the Crockett Community Center, the Crockett Library and the Foundation office. As an elected body, the Foundation believes that it has a respon- sibility to ensure compliance by all entities which have entered into agreements to provide benefits to Crockett as mitigation for the cogeneration plant now under construction. An Oversight Committee has been appointed to monitor compliance. Commitments were made to the Crockett community and to the California Energy Commission by Crockett Cogeneration, C&H Sugar Co. and Contra Costa County to fund substantial benefits. By County Resolution No. 92/757, dated 11-3-92, the County pledged its commitment to a community benefits program for Crockett. This commitment includes $250,000 annually to enhance law enforcement in Crockett and $200 ,000 annually for unspecified benefits for Crockett. Members of the Board:Larry Bottero,Harold Burnett,Fred Clerici,Virginia Crum-Ross,Keith Hunter,David Orsi,Kent Peterson Pursuant to Paragraph C. 3 . of that Resolution, the Crockett Community Foundation seeks County recognition of the important role which the Foundation should serve in advising the County on appropriate uses of property tax revenues from the cogeneration plant for the benefit of Crockett. The Foundation is uniquely suited to this role, both as a publicly elected body and by virtue of its ongoing assessment of public opinion on what Crockett needs most. As recognized in the Resolution, a publicly elected Foundation could reasonably serve as "advisory council to the Board of Supervisors" . The support and encouragement of the County Board of Supervisors for the Crockett Community Foundation in its leadership role will be appreciated. As elected representatives of Crockett, we respectfully request that the Crockett Community Foundation be appointed to serve as "community advisory council" within the meaning of County Resolution No. 92/757. Sincerely, Fred Clerici Virginia Crum-Ross Chairperson of the Board President of the Foundation T. Keith Hunter 2old Burnett Vice President Treasurer ZI U_L3 / . Larry Bottero David Orsi Assistant Treasurer Director yL, G Kent Peterson Secretary Enclosure: County Resolution No. 92/757 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Board of Supervisors ) Endorsement' of Project and Approval of ) RESOLUTION NO. 92/757 Community Benefits Program for Crockett ) THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS RESOLVES THAT: Having been notified that an application for certification to the California Energy Commission (CEC) had been made by Energy National, Inc. (ENI) for a cogeneration project and that a request had been made by members of the Crockett community to provide a mechanism for community input, the Board created the Crockett Advisory Committee (CAC) to involve the community in determining an acceptable community benefit and enhancement program. Since that time there have been many meetings and continuous discussion leading to recommendations from the CAC to the Board on November 3, 1992. After hearing testimony from CAC representatives, . representatives of the Applicant ENI and the public, and engaging in additional discussion and negotiation with all members present, a consensus was reached regarding a proposed community benefit and enhancement program for the Crockett area to be incorporated into the CEC approval, conditioning and certification of the project. The Board having received the Committee's report and all people present, including ENI. and C&H Sugar, providing their input, hereby determines and resolves as follows: A. The Board of Supervisors,. based upon the representation's made by representatives of ENI and CAC, endorses the proposed project subject to the certification for operation of the project including all the conditions set forth below in this part A which were agreed to by representatives of ENI before the Board on this date and would be done with CEC project certification: 1. Pay $300,000 per fiscal year to the Crockett Community Foundation, a tax-exempt charity to be formed to receive and disburse funds for the benefit of the Crockett community; payments shall commence in the fiscal year ending' June 30, 1996, and shall continue for 30 years escalating at 3% per year; payments shall be made semi- annually on November 10 and May 10, beginning November 10, 1995. 2. During construction of the project, ingress and egress of construction truck traffic to the project construction site shall be restricted to Pomona and Port Streets or such other routes as may be designated by the County. 3. Within six (6) months after the commercial operation date of the project, ENI shall complete resurfacing and repair of Pomona and Port Streets, and such other streets designated for use during construction to the extent that such roadways have been affected by use during construction, as finally determined by County. Such resurfacing and repair shall be performed to the standards mandated by the County for roadways similarly impacted. 4. ENI agrees to advance to the Foundation up to $100,000 per year, beginning in 1993, for any purpose including payment of attorneys' fees in excess of the $15,000 to be paid by Applicant; such advances to be credited against the first annual payment to be made by Applicant to the • Foundation. S. ENI agrees to pay for and complete an alternative roadway study including feasibility studies as may be required to the County's satisfaction. The study shall be conducted in cooperation with the Crockett community and the County. 6. ENI agrees to pay attorneys' fees incurred by the Advisory Committee and in the formation of the Foundation, not to exceed $15,000. B. Having appeared before the Board on this date, representatives of the Crockett Advisory Committee ' agreed that they would support the proposed conditions specified in part A and further that the Crockett Chamber of Commerce will support and approve the specified aforementioned ENI commitments regarding community benefits and enhancements as satisfactory. This support will be provided to the CEC by appearance of Ms. Salli Spoon and Ms. Pam Pagni in this regard. C. The CEC should be advised that in connection with the foregoing, the Board, on it own, indicates its commitment and intention to a community benefits program for Crockett and other commitments as follows: I. To annually dedicate during the project's operation $200,000 of project property tax increment subject to any discounted amounts that may result from tax losses due to adoptions of the State budget and related public funding. 2. To commit up to $250,000 of new project property tax increment to enhance law enforcement in the greater Crockett area subject to any discounted amount resulting from any tax losses due to adoptions of the State budget and related public funding. 3. Establish a community advisory council which shall meet with designated County representatives to obtain input on priorities prior to developing an annual budget proposal and advise the Board of Supervisors on the expenditures from a Board controlled designated fund to serve the said Crockett area separate from any Community Foundation established by ENI and C&H Sugar. If local elections take place for Trustees to oversee a Community Fund, the Trustees could also serve a dual role as the advisory council to the Board .of Supervisors. 4. Agree to explore the feasibility of creating a road fee Area of Benefit with C&H Sugar and ENI to acquire funds to 'construct an alternate access road. 5. The Board is the governing body of the Crockett-valona Fire Protection District and will enter into an appropriate agreement with ENI for payment to provide adequate fire protection for the portion of the ENI project not in the district. 6. The Board hereby waives any annual fees that may be otherwise required for any ENI project franchise facilities located in Crockett public streets exclusive of any fees required for permits and plan checks (which are to be paid) . 7. The Board directs its Growth Management and Economic Development Agency and component departments to give urgent priority to review, comment and approval of all aspects of the ENI project subject to County review. D. C&H Sugar appeared before the Board of Supervisors and indicated its commitment of $30,000 annually for a period of 15 years to be deposited with the Community Foundation for its use. and C&H Sugar's commitment to relocate its corporate offices from Concord to Crockett within its existing buildings or pay $650,000 by December 31, 1997. E. The County will cooperate with the CEC to assure that the conditions referred to above are implemented to assure their achievement. Passed by unanimous vote of the Board members present on this 3rd .day of November, 1992. I hereby certify that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. witness my hand and the Seal of the Board of Supervisors affixed this 3rd day of November, 1992. PHIL BATCHELOR, County Administrator and Clerk of the Board of Supervisors By Deputy rk . DATE: to �L REQUEST 'TO SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NA.mE:. � PHONE: ADDRESS: {�: �>C� _ j� CITY: _ I am speaking for myself OR organization: Cr'r' C k �ry � (NAMEGF ORGANI7.N1"10I Check one: ,� I wish to speak on Agenda Item # My comments will be: general for against �. I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. DATE: REQUEST TO SPEAK '' ORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressin the Board. NAME: 2 f0,�t� PHONE: ADDRESS: 0i CrIY: I am speakin formyself - organization: NAME OP RCANI7�TION) Check e: I wish to speak on Agenda Item # My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. I . DATE: ' REgLJMT TO .SPEAK FORM _ (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: Z/ nv/c/ �, �l/�1e-rTe PliorfE: ADDRESS: 630 AL oY'i Nei /7"1P�. CITY: l _ roc, PeZ I am speaking for myself OR organization: -e Ler-//4 �s roup Check one: NAME OF O AN1ZNT10X) I wish to speak_on Agenda Item # . My comments will be: general for tl-" against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. �Fl/Y P. -acrl`� Y7I G e ce i U rs a, zi �hc�r e o