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
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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
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