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HomeMy WebLinkAboutMINUTES - 03051996 - C49 T C.48, C.49, and C.50 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on March 5, 1996 , by the following vote: AYES: Supervisors Rogers, DeSaulnier, Torlakson and Smith NOES: None ABSENT: Supervisor Bishop ABSTAIN: None SUBJECT: Correspondence C.48 LETTER dated February 16, 1996, from Lawrence D. Dahms, Executive Director, Metropolitan Transportation Commission, 101 Eighth Street, Oakland, CA 94607-4700, relative to the MTC's recommendations to the Work Program Committee that the 2-Lane State Route 4 Bypass Project be added to the 1996 Regional Transportation Plan; and advising that any additional improvement to the roadway and associated effects on RTP funding decisions will have to wait for subsequent revisions to the RTP. **** REFERRED TO DIRECTOR, COMMUNITY DEVELOPMENT C.49 LETTER dated February 19, 1996, from Kent Peterson, Secretary, and Jay Gunkelman, Signatory of the Crockett Improvement Association, P.O. Box 132, Crockett, CA 94525, citing areas of concern relating to compliance provisions with the Safety Audit Agreement and the good Neighbor Agreement. *'REFERRED TO COUNTY ADMINISTRATOR C.50 LETTER dated February 27, 1996, from Guillermo Rodriquez, Executive Director, Latino Issue Forum, 785 Market Street, Third Floor, San Francisco, CA 94103, on the composition of certain commissions and governing bodies on Contra Costa County. ****REFERRED TO DIRECTOR, COMMUNITY DEVELOPMENT FOR RESPONSE IT IS BY THE BOARD ORDERED that the recommendations as noted (****) are approved. 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the c.c. Correspondents Board of s tsors o tt / own. Community Development Director ATTESTED PHIL BATCHELOR Cte k of the Board County Administrator of Supervisors anp Uunty Administrator B ,Deputy ¢. �•4 w 0 v n y P® Box 132 Crockett CA 94525 RECEIVE D February 19, 1996 S�,nce 191 Board of Supervisors FEB 22 W Contra Costa County 651 Pine Street CLERK BOARD WF M"9VIMM Martinez, CA 94553 CONTRA Dear County Supervisors: RE: SAFETY PROGRAM AUDIT AGREEMENT, UNOCAL REFINERY On behalf of the Board of Directors of the Crockett Improvement Association, we wish to express concern over Para- graph 18 of the Safety Program Audit Agreement between the County and Unocal. The Good Neighbor Agreement (G.N.A. ) is a highly complex contract which is far from completely fulfilled by Unocal. One of the most potent factors which is helping to move the G.N.A. along is the Land Use Permit, specifically conditions #77 & 78. One area of specific concern is the final design of the fenceline monitor system. The G.N.A. , Section VII, states that design and testing will be done by Unocal. In a preceding paragraph there is the statement that the system must be "mutually agreeable to the signatories of this agreement and the County" . In an recent meeting with Unocal management, there was an indication that they may design a system without remote sensing technology. This was vigorously protested at the time, but no resolution was forthcoming. Obviously, this is an area where the leverage of COA #77 & 78 may be of significant benefit in avoiding potential arbitration/litigation. Another major area of concern is the continuing treatment of Good Neighbor Clinic patients for catacarb-related symptoms. There has been a protest of the follow-up procedures which has not been conclusively settled. Third, the C.I.A. questions the satisfactory completion of the health risk assessment required by the G.N.A. , Section I. The funding of the independent expert to represent the community was terminated on December 15, 1995. The final health risk assessment was not issued until almost a month later. Our expert representative thus had no opportunity to properly assess .the final report and has not been able to advise the community on what the report means. These are three of many areas of local concern. It is unfortunate that the Safety Program Audit Agreement should give sole discretion to the Zoning Administrator to determine whether COA #77 & 78 have been satisfied by Unocal. Should the Zoning Administrator prematurely remove the pressure to comply with the G.N.A. , there will be an increased likelihood of contractual dispute between G.N.A. signatories and Unocal. We believe that the Board of Supervisors bears ultimate responsibility for protecting the public interest in Crockett. Although we look forward to working with the Zoning Administrator in the upcoming public meetings, we would hope that any potentially adverse decisions could be appealed to the Board of Supervisors, who should not abrogate their responsibility. Sincerely, Kent G. Peterson J y Gunkelman Secretary, C.I.A. Signatory, G.N.A. 787-1850 787-1216 cc: Harvey Bragdon, Community Development Dept. Zoning Administrator