HomeMy WebLinkAboutMINUTES - 04231996 - D7 D-7
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TO: BOARD OF SUPERVISORS Costa
s
FROM: HARVEY E. BRAGDON '�.~ County
DIRECTOR OF COMMUNITY DEVELOPMENT
DATE : April 23, 1996
SUBJECT: ANNUAL COMPLIANCE REVIEW FOR SHELL OIL COMPANY'S CLEAN FUELS PROJECT
(LAND USE PERMIT #2009-92)
SPECIFIC REQUEST (S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Accept the report from the Community Development Department
Director regarding Shell Oil Company' s compliance with their
land use permit conditions.
2 . Accept any public testimony regarding Shell Oil Company' s
compliance with their land use permit.
3 . Find that Shell Oil:
A. has yet to comply with Condition #2C;
B. has submitted an acceptable schedule for compliance with
Conditions 16 and 83;
C. has submitted reports/materials that are currently being
reviewed to determine compliance with Conditions #8, 24,
35B, 36A1, 36B1, 69B, 73` and 80; and -
D. is in compliance with all remaining permit c• nd' tions .
CONTINUED ON ATTACHMENT: XX YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND—AttON Ot COMMITTEE
APPROVE OTHER
SIGNATURE (S) :
ACTION OF BOARD ON April 23, 1996 APPROVED AS RECOMMENDED X OTHER x _
See the attached Addendum.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: Catherine Kutsuris, CDD (335-1237) ATTESTED April 23, 1996
cc: Community Development Department PHIL BATCHELOR, CLERK OF
Shell Oil (via CDD) THE BOARD OF SUPERVISORS
D COUNTY ADMINISTRATOR
BY , DEPUTY
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Shell Oil' s Annual Compliance Review
April 23, 1996
Page 2
FISCAL IMPACT: None.
BACKGROUND/REASONS FOR RECOMMENDATIONS :
Condition #77 of Shell' s land use permit requires the Board of
Supervisors to hold public hearings at a frequency of once per year
during the first five years and every three years thereafter for
the sole purpose of determining their compliance with the land use
permit conditions .
Community Development Department staff reviewed Shell' s annual
report and their compliance with the permit conditions . The
permit' s 100 conditions have been divided into six categories :
1 . Condition met and closed;
2 . Condition met - Compliance ongoing;
3 . Condition met - County Public Works is implementing;
4 . Condition not met;
S. Compliance not yet required; and
6. Submittals under review.
A summary of the staff review is provided as Attachment A
(Condition Compliance Summary) , with a more detailed version
provided as Attachment B (Shell CFP Annual Report- 1995 Staff
Review) .
As summarized in Attachment A, 28 Conditions have been met and
closed, 32 conditions have been met but additional compliance
review will be necessary as the project proceeds, and compliance is
not yet required for 8 conditions . Pursuant to an agreement
between Shell and the County, the Public Works Department is
completing the work specified by an additional 21 permit
conditions . These relate to roadway and other infrastructure
requirements for which the County received funding from Shell . Of
the remaining eleven conditions, we have found that Shell has not
met three conditions and an additional eight conditions are under
review.
The three conditions that have yet to be met are Condition 2C
(Relocating the Light Crude Tank) , Condition 16 (relating to
fugitive dust) and Condition 83 (relating to compliance with the
County' s Childcare Ordinance.
A. Conditions Not Yet Met:
1 . Condition 2C: Light Crude Tank Relocation:
The land use permit requires the planned location of the
Light Crude . Tank be moved to a more central location in
the refinery more distant from residential areas . The
relocation was required based on land use and noise
impacts. Shell has not yet identified a new location for
the tank.
2 . Condition 16: Fugitive Dust Control:
This condition lists a variety of actions to minimize
fugitive dust due to construction activities, including
the paving of heavily used construction roads . Some of
the construction roads have either not been paved, the
pavement has significantly deteriorated, or the roads are
covered with dirt and gravel. These roadway conditions
Shell Oil' s Annual Compliance Review
April 23, 1996
Page 3
are not consistent with permit Condition #16. Shell has
submitted a letter which commits to bringing these roads
up to standard by April 30, 1996.
3. Childcare Ordinance:
This condition requires Shell to comply with the
Childcare Ordinance prior to start up of the project
units .
Shell has recently reached agreement with County staff
concerning the payment required to comply with the
Childcare Ordinance. While Shell is late in complying
with this condition, Shell has committed to making this
payment by May 30, 1996.
B. Conditions Under Review
County staff is currently reviewing submittals for an
additional eight conditions (refer to Attachment A, Item 6) .
The review of most of these submittals is proceeding as
expected, and we do not expect any issues to arise from our
review. However, the following three conditions should be
highlighted:
1 . Condition #80 : Emergency Response Plan:
This condition requires Shell to submit an updated
Emergency Response Plan, updated for each Clean Fuels
Project unit prior to its start-up.
Shell initially submitted an updated Plan that it
represented as including all units . Later, after the
incident with the Air Products Hydrogen Plant, staff
learned that Shell' s plan did not include emergency
response procedures for the Hydrogen Plant. Those
procedures had been filed separately, by Air Products,
to the Health Services Division, prior to start-up of the
Hydrogen Plant. County Health Services and Community
Development Department staff reviewed the two plans and
requested clarification and changes from Shell . We are
currently reviewing Shell' s response to our comments .
2 . Condition #73 : Reclaimed Water Feasibility Study:
This condition requires Shell to conduct a feasibility
study on the use of reclaimed water for the Clean Fuels
Project, and to cooperate with the Central Contra Costa
Sanitary District and Contra Costa Water District in the
analysis. The condition encourages Shell to use
reclaimed water in the Clean Fuels Project.
On April 5, 1996 Shell submitted the first documentation
relating to this Condition. The Water Study report
concludes that no reliable and cost effective methods for
using reclaimed water have been found. According to the
report, the price for reclaimed water is comparable to
that of canal water, but reclaimed water requires
extensive treatment. The treatment is technically
problematic, expensive ($5 to $11 million) , and the
effluent brine cannot be readily discharged. Based on
these results, Shell has planned and constructed the
Clean Fuels Project to use canal water rather than
reclaimed water, although the site plan has allowed space
I D -7
Shell Oil' s Annual Compliance Review
April 23, 1996
Page 4
for future construction of a reclaimed water treatment
plant, should treatment technologies be improved.
County staff is reviewing the submittals to determine
Shell' s compliance with Condition #73 .
3. Condition #36: Bicycle Trail :
This condition requires Shell to provide a trail easement
from the Bay Trail to Marina Vista, and to submit a plan
to improve bicycle use on Marina Vista during the
construction and operation phases of the project. Shell
has recently drafted a bicycle plan and submitted it to
the County, the City of Martinez and the East Bay
Regional Park District. These agencies and Shell are
meeting to reach an agreement on a bicycle plan and a
trail easement.
The details of the staff review of Shell' s compliance with
their permit conditions are provided as Attachment B ("Shell
CFP Annual Report - 1995 - Staff Review) , and Shell' s Annual
Report is provided as Attachment C. With the exception of
those permit conditions listed above, our staff review
confirmed that Shell Oil is in compliance with their permit
conditions . Shell has submitted a compliance timeline for
Conditions 16 and 83, and has submitted materials currently
being reviewed by staff for Conditions 8, 24, 35B, 36A1, 36B1,
69B, 73 and 80 . Condition 2C which addresses the planned
location of the Light Crude Tank has not been met, and Shell
has not presented a schedule for compliance. Condition #73
which required a reclaimed water feasibility study may
continue to be problematic. Although we are reviewing the
recently received document, if there were opportunities to use
reclaimed water, those opportunities may have been lost.
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ADDENDUM TO ITEM D.7
April 23, 1996
Dennis Barry, Community Development Department presented the staff's
report and recommendations.
The following speakers addressed the Board:
Shelly Lipman, 629 Lafayette Street, Martinez, Communities for Safe
Environment, commented on their concern for safety measures and compliance
before issuing further permits;
Steven Young, 629 Lafayette Street, Martinez, Communities for Safe
Environment, commented on the need for an Oil, Chemical and Atomic Worker's
(OCAW) presence at the refinery and needed safety measures;
Donald Brown, 1801 Sonoma Blvd., #117, Vallejo, OCAW, commented on
the need for a safety representative, the use of fuel additives and the concern for
safety measures;
Margaret Chengson, 725 Bayshore Street, Martinez, commented on her
concern about air pollution and refinery flarings;
John Chengson, 725 Bayshore Street, Martinez, commented on the type and
possible condition of the pipes at the refinery;
Julia May, 500 Howard Street, #506, San Francisco, CBE, commented on
the lack of information given to communities about refinery problems, and urged
the use of the permit process to develop safety factors at such facilities.
Supervisor Smith read a letter into the record dated April 23, 1996, from
John Meade, 2253 Lake Crest Court, Martinez, CA.
Following discussion by the Board members, IT IS BY THE BOARD ORDERED
that staff's Recommendations 1, 2, 3A, 313, and 3C on Shell Oil Company's Land
Use Permit #2009-92 are APPROVED; and REFERRED staff's Recommendation 3D
as amended, to the Ad Hoc Committee for report back to the Board of Supervisors
on June 25, 1996; and EXPRESSED that remaining permit conditions be complied
with when there is the presence of an OCAW safety officer, an accident review
and audit process and implementation plan, and an air monitoring procedure as part
of those reviews, analysis and plans.
D. 7
ATTACHMENT A
CONDITION COMPLIANCE SUMMARY
This table categorizes all of the 100 Conditions of Approval from the Shell Clean Fuels Project Land
Use Permit according to compliance status.
The Conditions have been divided into six categories:
1. Condition met and closed;
2. Condition met. Compliance ongoing (by Shell);
3. Condition met (by Shell). County Public Works Department implementing;
4. Conditions not met by Shell;
5. Compliance not yet required; and
6. Submittals under review.
1. Conditions that have been satisfactorily completed:
The following 23 Conditions of Approval have been met and closed, which means all actions required
by these conditions have been completed successfully.
02A Site Development Plan(phases and dates) Condition met and closed.
02B Site Development Plan (Hazop Schedule) Condition met and closed.
11 Soil Mgmt. Control Plan Condition met and closed.
12 Selenium controls Condition met and closed.
13 SPCC Plan Update Condition met and closed.
18 NOx reductions Condition met and closed.
19 SOx reductions Condition met and closed.
20 CO catalyst technology Condition met and closed.
21 PM10 control measures Condition met and closed.
25 Odor controls Condition met and closed.
49 "Traffic Signal, Gate P-3/Pacheco Blvd." Condition met and closed.
50 Repair damaged curb, sidewalk Condition met; City of
Martinez now responsible.
52 Constr. Traffic Mgmt. Plan Condition met and closed.
53A Construct temp. signal (Fairview Gate) Condition met and closed.
53B Notify Martinez (ZA decision) Condition met and closed.
54 Connecting roadway Condition met and closed.
55A Pacheco Blvd Widening Condition met and closed.
55B Pacheco Blvd Improvement Design Condition met and closed.
55C Pacheco Blvd Improvement Design (Martinez Condition met and closed.
Notice)
56 Bridge/Thoroughfare Fee Ordinance Compliance Condition met and closed.
1
62 Pacheco Blvd. Right of Way Condition met and closed.
64 Jefferson Street Right of Way Condition met and closed.
67 Street Lights Condition met and closed.
70 Storm Drainage Controls Condition met and closed.
71 Alternate Flare System Condition met and closed.
74B Demolition Restrictions (County Yard) Condition met and closed.
75 Indemnify the County Condition met and closed.
79 Office Education Program Condition met and closed.
2. Condition met; compliance ongoing:
The following Conditions of Approval require ongoing compliance. Some apply to ongoing
construction activities. Others apply to new units as they enter construction, are completed, and
begin operating. These conditions have been met but additional compliance is required as the project
proceeds.
O1 Project basis Condition met; compliance ongoing
03 Site Development Plan (update) Condition met; compliance ongoing
04a "Consent Calendar: COA 12,13, 18-25, Condition met; compliance ongoing
35"
06 Site Specific Geotech Report Condition met; compliance ongoing
07 On-site geotechnical professional Condition met; compliance ongoing
09 Seismic Restraint Criteria Report Condition met; compliance ongoing
10 Foundation certificates Condition met; compliance ongoing
14 Hydrocarbon Pipes Condition met; compliance ongoing
15 Dewatering Condition met; compliance ongoing
17 Construction Equipment Emission Condition met; compliance ongoing
controls
22 Hazops/Accident Conseq. Analysis Condition met; compliance ongoing
23 Implement Hazops Condition met; compliance ongoing
26 Hydrogen sulfide monitoring Condition met; compliance ongoing
27 Odor controls (corrective actions) Condition met; compliance ongoing
28 FAA required lighting Condition met; compliance ongoing
29 Noise generating activity restrictions Condition met; compliance ongoing
30 Neighbors notification Condition met; compliance ongoing
31 Noise generating activity restrictions Compliance ongoing.
32 Noise generating activity restrictions Compliance ongoing.
34 Flood lighting Condition met; compliance ongoing
35A Operating Noise Calculation Reports Condition met; compliance ongoing
45 Truck delivery restriction Condition met; compliance ongoing
46 Average Vehicle Ridership Condition met; compliance ongoing
60 Pavement Monitoring Program Condition met; compliance ongoing
69A Storm System Improvements Condition met; compliance ongoing
72 Landscaping Plan Condition met; compliance ongoing
2
74A Construction Height Restrictions Condition met; compliance ongoing
76 Protect archaelogic resources Condition met; compliance ongoing
77 Public Hearings Condition met; compliance ongoing
78 Annual Report Condition met; compliance ongoing
81 Haz. Mat. Business Plan update Condition met; compliance ongoing
82 Community emergency response Condition met; compliance ongoing
notification system
3. Condition Met; County Public Works Department Implementing:
Shell and the County Public Works Department signed a funding agreement whereby the County
Public Works Department will complete the improvement requirements.
37 Trans. Improvement Approvals Condition met; County PWD responsible.
38A Marine Vista/Genstar Gate rail Condition met; County PWD responsible.
crossing
38B Genstar Gate rail crossing: Martinez Condition met; County PWD responsible.
Notice
39 Trans Improvement Plans Condition met; County PWD responsible.
40 "Acquire rights of entry, etc." Condition met; County PWD responsible.
41 Encroachment permit Condition met; County PWD responsible.
42 Site Distance Condition met; County PWD responsible.
43 Public Pedestrian way designs Condition met; County PWD responsible.
44 Martinez encroachment permit Condition met; County PWD responsible.
47A Misc. street improvements (Pacheco Condition met; County PWD responsible.
Blvd.)
47B Misc. street improvements (Shell Condition met; County PWD responsible.
Ave.)
48 Misc. street improvements: Shell Condition met; County PWD responsible.
Ave.; ped ways
57 Reconfigure Marina Vista/Amorco Condition met; County PWD responsible.
Rd Inters.
58 Rebuild pavement (MV) Condition met; County PWD responsible.
59 Contribute to pavement Condition met; County PWD responsible.
reconstruction(ramps)
61 "Rights of Way(Shell Ave., Marina Condition met; County PWD responsible.
Vista)"
63 Shell Ave. Right of Way Condition met; County PWD responsible.
65 Helena Ave. Right of Way Condition met; County PWD responsible.
66 Street Lights Condition met; County PWD responsible.
68A Street Lights Condition met; County PWD responsible.
68B Street Lights (Martinez Notice) Condition met; County PWD responsible.
3
4. Conditions not met by Shell:
The following three conditions have not been met by Shell:
02C Site Development Plan(relocate Condition not met
units)
16 Fugitive Dust Control Condition not met; compliance schedule
submitted
83 County Childcare Ordinance Condition not met; pay-ment assured by
4/30/96.
5. Compliance not yet required:
Consistent with the land use permit, the following eight actions are not yet been required:
04b Office Bldg Restrictions Not yet required.
05 Office Bldg Plans Not yet required.
21A Fugitive dust controls Not yet required.
33 Sound Barrier, Pacheco Blvd Not yet required.
36A2 Bicycle Improvement Plan (Martinez notice) Not yet required.
36132 Trail easement (Martinez notice) Not yet required.
51 Deferred improvement agreement (bike/Ped) Not yet required.
53C Dismantle traffic signal (Fairview Gate) Not yet required.
6. Submittals Under Review:
Shell has submitted documents for our Department's review to determine compliance with these
conditions. The submittals are either under review or they were incomplete and additional
information has been requested.
08 Grading Requirements & Completion Submittals under review.
Report
24 . "Future modifications, CFP units" Compliance ongoing.
35B Noise Monitoring Submittals under review.
36A1 Bicycle Improvement Plan Submittal under review
36B1 Trail easement Submittal under review
69B Drainage Release Agreement Submittal under review.
73 Reclaimed water feasibility study Submittal under review.
80 Emergency Manual Updated Submittal under review.
CK\JAaudrey\annual.rpt
4
ATTACHMENT B D.7
Shell CFP Annual Report, 1995. Staff Review Page 1 of 12
4/12/96
01 Project basis Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report
02A Site Development Plan (phases and dates) Status: Condition met and closed.
Staff Review: Concur with Shell's report.
02B Site Development Plan (Hazop Schedule) Status: Condition met and closed.
Staff Review: Concur with Shell's report.
02C Site Development Plan (relocate units) Status: Condition not met
Staff Review: The Annual Report incorrectly indicates that Shell's compliance with Condition 2
is complete. However, Shell has not yet changed the location of the Light Crude
Tank, as required. Construction of this tank has been deferred.
03 Site Development Plan (update) Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
04a Consent Calendar: COA 12,13, 18-25, 35 Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report for all items except COA 23, as discussed below.
COA 23 items were recently brought to the Board of Supervisor's for confirmation
and instruction for future handling.
04b Office Bldg Restrictions Status: Not yet required.
Staff Review: Shell has not yet begun construction of the Office Building, although demolition is
complete.
05 Office Bldg Plans Status: Not yet required.
Staff Review: Shell has not yet begun construction of the Office Building.
06 Site Specific Geotech Report Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report. Reports have been submitted and approved prior to
unit construction.
07 On-site geotechnical professional Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
Shell CFP Annual Report, 1995. Staff Review Page 2 of 12
4/12/96
08 Grading Requirements&Completion Report Status: Submittals under review.
Staff Review: Concur with Shell's report. Grading requirements met, however the"Final
Geotechnical Report . . . " referenced by Shell was considered incomplete by the
Grading Inspection Department. Shell performing additional work. Will file
supplemental report after work completed (December, 1996).
09 Seismic Restraint Criteria Report Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
10 Foundation certificates Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
11 Soil Mgmt. Control Plan Status: Condition met and closed
Staff Review: Shell's Soils Management Plan and various referenced documents, submitted to
and approved by the Regional Water Quality Control Board, include soils
screening protocol as required in the Condition of Approval and the Mitigation
Measure.
12 Selenium controls Status: Condition met and closed.
Staff Review: Concur with Shell's report.
13 SPCC Plan Update Status: Condition met and closed.
Staff Review: Concur with Shell's report.
14 Hydrocarbon Pipes Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report. Some piping has been underground, only where
grade changes make it essential.
15 Dewatering Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report: any pumped groundwater is discharged to Shell's
water treatment system.
V-7
s
Shell CFP Annual Report, 1995. Staff Review Page 3 of 12
4/12/96
16 Fugitive Dust Control Status: Condition not met;
compliance schedule
submitted
Staff Review: Concur with Shell's report for all items except 16C, requiring paving of
construction roads with more than 50 equipment vehicle trips per day. This
requirement implements Mitigation Measure 8-1(b), to reduce fugitive dust. Not
all Shell's construction roads of more than 50 trips per day are currently paved.
Some were paved, but the paving is now destroyed. Other roads are covered
with several inches of gravel, dirt and mud, defeating the purpose of the paving.
Shell has committed to repaving roads that qualify and cleaning those that are
paved,to comply with this Condition, by April 30, 1996.
17 Construction Equipment Emission controls Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
18 NOx reductions Status: Condition met and closed.
Staff Review: Concur with Shell's report.
19 SOx reductions Status: Condition met and closed.
Staff Review: Concur with Shell's report.
20 CO catalyst technology Status: Condition met and closed.
Staff Review: Concur with Shell's report.
21 PM10 control measures Status: Condition met and closed.
Staff Review: Concur with Shell's report.
21A Fugitive dust controls Status: Not yet required.
Staff Review: Concur with Shell's report. Report will be required when the Delayed Coker Unit
begins operating.
22 Hazops/Accident Conseq.Analysis Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
23 Implement Hazops Status: Condition met; compliance
ongoing
Staff Review: Reviewed by Board of Supervisor's at its March 12, 1996 meeting.
D• 7
Shell CFP Annual Report, 1995. Staff Review Page 4 of 12
4/12/96
24 Future modifications, CFP units Status: Compliance ongoing
Staff Review: Shell reports that no changes have been made that might generate off-site
hazards from process upsets. Procedures for agency, zoning administrator, and
Board of Supervisor reviews are being developed.
25 Odor controls Status: Condition met and closed.
Staff Review: Concur with Shell's report.
26 Hydrogen sulfide monitoring Status: Condition met; compliance
ongoing
Staff Review: Supplemental information submitted by Shell with the Annual Report adequately
describes and summarizes the monthly monitoring program.
27 Odor controls (corrective actions) Status: Condition met; compliance
ongoing
Staff Review: Supplemental information adequately describes the one exceedance, and
explains why the source could not be identified (as required by part A of this
Condition). The exceedance was quite short in duration, and thus was over
before the source could be identified. The problem has not recurred.
28 FAA required lighting Status: Condition met; compliance
ongoing
Staff Review: The red strobe light required by the Condition violates FAA requirements, so the
Zoning Administrator approved the substitution of L-864 lighting, as required by
FAA.
29 Noise generating activity restrictions Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's Report. We have received one noise complaint from a
resident on Beech Street; we evaluated the noise and it does not appear
associated with Clean Fuels Project construction.
30 Neighbors notification Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's Report.
31 Noise generating activity restrictions Status: Compliance ongoing
Staff Review: Letter from Plant Reclamation, contractor for demolition, confirms that noise
conditions met. County received no noise compliants. Construction on site has
not yet begun.
D.77
Shell CFP Annual Report, 1995. Staff Review Page 5 of 12
4/12/96
32 Noise generating activity restrictions Status: Compliance ongoing
Staff Review: Construction of the Office Building, Pacheco Parking Lot, and the Light Crude
Tank have not been undertaken. Condition appears to have been met for
demolition of the Office Building Site, as stated for Condition 31 above.
33 Sound Barrier, Pacheco Blvd Status: Not yet required.
Staff Review: Compliance not required until Shell begins site preparation for the Pacheco
Boulevard parking lot.
34 Flood lighting Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
35A Operating Noise Calculation Reports Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
35B Noise Monitoring Status: Submittals under review.
Staff Review: We have received the first submittals in compliance with Shell's noise monitoring
plan. The submittals were incomplete and we are awaiting revised submittals
from Shell.
36A1 Bicycle Improvement Plan Status: Submittal under review
Staff Review: The condition requires improving a bike trail for use during the construction and
operation phases of the project. The County Community Development
Department is meeting with representatives of Shell, East Bay Regional Parks
District, Martinez, and Public Words Department to resolve issues and produce
an acceptable plan. Shell recently submitted a Bike Trail Plan for review by the
various parties.
36A2 Bicycle Improvement Plan (Martinez notice) Status: Not yet required.
Staff Review:
36BJ Trail easement Status: Submittal under review
Staff Review: Compliance being reviewed with the other parties involved. See 36A1 above.
Received offer of easement from Shell, dated April 4, 1996.
36132 Trail easement(Martinez notice) Status: Not yet required.
Staff Review:
T.7
Shell CFP Annual Report, 1995. Staff Review Page 6 of 12
4/12/96
S7 Trans. Improvement Approvals Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
38A Marine Vista/Genstar Gate rail crossing Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
S8B Genstar Gate rail crossing: Martinez Notice Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
39 Trans Improvement Plans Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
40 Acquire rights of entry,etc. Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
41 Encroachment permit Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
42 Site Distance Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
43 Public Pedestrian way designs Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
D-`7
"Shell CFP Annual Report, 1995. Staff Review Page 7 of 12
4/12/96
44 Martinez encroachment permit Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
45 Truck delivery restriction Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
46 AVR Status: Condition met; compliance
ongoing
Staff Review: Shell provided Community Development Department with copies of the Average
Vehicle Ridership reports, which were being sent to PWD. Reports indicate that
condition has been met. The"AVR" reports will be submitted to Community
Development Department in the future.
47A Misc.street improvements (Pacheco Blvd.) Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995. Involvement of Martinez, as required by the Condition,
confirmed by PWD on 8/14/95.
47B Misc. street improvements(Shell Ave.) Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995. Involvement of Martinez, as required by the Condition,
confirmed by PWD on 8/14/95.
48 Misc. street improvements: Shell Ave.; ped Status: Condition met; County
ways PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
49 Traffic Signal, Gate P-3/Pacheco Blvd. Status: Condition met and closed.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
50 Repair damaged curb, sidewalk Status: Condition met; City of
Martinez now responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995. Note that payment has been made to the City of
Martinez.
Shell CFP Annual Report, 1995. Staff Review Page 8 of 12
4/12/96
51 Deferred improvement agreement(bike/Ped) Status: Not yet required.
Staff Review: County Public Works Department concurs that agreement should be deferred
until other projects in the area have completed plans. Prior to completing Clean
Fuels Project construction, Shell should reach agreement with the County Public
Works Department, to be executed consistent with the bike path (Condition 36).
52 Constr. Traffic Mgmt. Plan Status: Condition met and closed.
Staff Review: Concur with Shell's report.
53A Construct temp. signal (Fairview Gate) Status: Condition met and closed.
Staff Review: Concur with Shell's report.
53B Notify Martinez(ZA decision) Status: Condition met and closed.
Staff Review: Concur with Shell's report.
53C Dismantle traffic signal (Fairview Gate) Status: Not yet required.
Staff Review: Concur with Shell's report.
54 Connecting roadway Status: Condition met and closed.
Staff Review: Concur with Shell's report.
55A Pacheco Blvd Widening Status: Condition met and closed.
Staff Review: Concur with Shell's report.
55B Pacheco Blvd Improvement Design Status: Condition met and closed.
Staff Review: Concur with Shell's report.
55C Pacheco Blvd Improvement Design (Martinez Status: Condition met and closed.
Notice)
Staff Review: Concur with Shell's report.
56 Bridge/Thoroughfare Fee Ordinance Status: Condition met and closed.
Compliance
Staff Review: Concur with Shell's report.
Shell CFP Annual Report, 1995. Staff Review Page 9 of 12
4/12/96
57 Reconfigure Marina Vista/Amorco Rd Inters. Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
58 Rebuild pavement(MV) Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
59 Contribute to pavement reconstruction (ramps) Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
60 Pavement Monitoring Program Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
61 Rights of Way(Shell Ave., Marina Vista) Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
62 Pacheco Blvd. Right of Way Status: Condition met and closed.
Staff Review: Concur with Shell's report.
63 Shell Ave. Right of Way Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
64 Jefferson Street Right of Way Status: Condition met and closed.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
65 Helena Ave. Right of Way Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
P, 7
Shell CFP Annual Report, 1995. Staff Review Page 10 of 12
4/12/96
66 Street Lights Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
67 Street Lights Status: Condition met and closed.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
68A Street Lights Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
68B Street Lights (Martinez Notice) Status: Condition met; County
PWD responsible.
Staff Review: Shell's compliance met through PWD Funding Agreement; confirmed by the
PWD on March 15, 1995.
69A Storm System Improvements Status: Condition met; compliance
ongoing
Staff Review:
69B Drainage Release Agreement Status: Submittal under review.
Staff Review: Shell submitted a release agreement to County agencies. Awaiting PWD
acceptance of agreement.
70 Storm Drainage Controls Status: Condition met and closed.
Staff Review: Shell asserts that there are no"driveways or sidewalks" crossed by any Shell
stormwater, therefore the condition has been met. Storm waters all handled by
Shell's waste water treatment and stormwater system.
71 Alternate Flare System Status: Condition met and closed.
Staff Review: Concur with Shell's report. Confirmed through a review of Shell's BAAQMD
permit.
72 Landscaping Plan Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report. Implementation of the landscape plan is progressing
close to original schedule.
D.7
Shell CFP Annual Report, 1995. Staff Review Page 11 of 12
4/12/96
73 Reclaimed water feasibility study Status: Submittal under review.
Staff Review: Shell submitted a reclaimed water feasibility study and back up memos on April
5, 1996. Discussions with the water district and sanitary districts took place in late
1993 and early 1994. The feasibility study began in 1994. Compliance with this
condition appears late;the submittal is under review.
74A Construction Height Restrictions Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
74B Demolition Restrictions(County Yard) Status: Condition met and closed
Staff Review: COAs 31, 32 apply to Shell's demolition of the former County Yard to build the
proposed Office Building. Shell appears to have complied with COAs 31 and 32
for demolition.
75 Indemnify the County Status: No action required.
Staff Review: Concur with Shell's report.
76 Protect archaelogic resources Status: Condition met; compliance
ongoing
Staff Review: Concur with Shell's report.
77 Public Hearings Status: Condition met; compliance
ongoing
Staff Review: Shell has required its second annual review hearing, covering compliance from
November, 1994 through October, 1995.
78 Annual Report Status: Condition met; compliance
ongoing
Staff Review: Even though we disagree with Shell's representation of its compliance with
certain conditions, the report generally provides the type of information required.
Approval of this condition does not imply that the County concurs with each
representation contained in this report.
79 Office Education Program Status: Condition met and closed.
Staff Review: Concur with Shell's report.
Shell CFP Annual Report, 1995. Staff Review Page 12 of 12
4/12/96
80 Emergency Manual Updated Status: Submittal under review.
Staff Review: The Zoning Administrator previously approved a plan filed by Shell on May 11,
1995. The Approval was based on Shell's representation that the plan included
the new Hydrogen Plant. However, we recently learned that Shell's plan did not
include emergency response procedures for the Hydrogen Plant. Air Products
(owner and operator of the Hydrogen Plant) had filed a separate plan for the
Hydrogen Plant prior to plant operation. Both plans are currently under review;
we have requested revisions to correct problems revealed during the recent
incident at Shell's Hydrogen Plant. Shell has responded to our request; the
response is currently under review.
81 Haz. Mat. Business Plan update Status: Condition met; compliance
ongoing
Staff Review: Shell has submitted revised business plans prior to startup of each unit.
82 Community emergency response notification Status: Condition met; compliance
system ongoing
Staff Review: Concur with Shell's report and supporting materials.
83 County Childcare Ordinance Status: Condition not met; pay-
ment assured by 4/30/96.
Staff Review: The County disagree's with Shell's representation that compliance is not yet
required. Compliance was required prior to start-up of project units. The County
and Shell have agreed that Shell will satisfy the condition by paying$15,000 to
the Woodbrige Childcare Facility and $10,000 to the Contra Costa Child Care
Council. These payments will satisfy the requirements of this condition. Shell
has guaranteed payment by April 30, 1996.
ATTACHMENT C D-77
1995 Annual Report Regarding Compliance with Conditions of
Approval and Mitigation Monitoring Program
Shell Oil Products Company
Martinez Manufacturing Complex
Martinez, California
� 1
SECTION I
SUMMARY AND SELECTED ITEMS OF INTEREST
General
This package constitutes the second annual report of compliance with land use permit
conditions for the Shell Oil Company Clean Fuels project. The first report was submitted
to the Community Development Department and accepted by the Board of Supervisors.
During the past year, the Community Development Department, using a consulting
contractor, audited the compliance status as reported by Shell in the 1994 annual report.
.The findings of this independent contractor indicated that Shell was in compliance with all
Land Use Permit conditions applicable during the period covered by the report.
Specific details regarding compliance status with the Land Use Permit conditions can be
found in Sections IIA and IIB. These comments apply to the current review period,
October 1, 1994 through October 31, 1995.
Construction of several major processing elements was completed during the review
period and these units have begun operation. They include Hydrogen Plant - 3 (HP3) and
Isomerization unit (ISOM) including the Decyclohexanizer(DCH). Other supporting units
have also begun operations, included in this group are the cooling water tower, water
treatment systems, flare system and storage tanks.
Shell recognized that compliance with Land Use Permit conditions required full
participation of all Clean Fuel Project employees, including contractors. Just as in the
earlier review period, environmental awareness training was provided to construction
supervisors and new hires. Some of the areas included in the awareness training were
• Air Quality
• Waste Management, Hazardous and non-hazardous
• Spill prevention and control
• Commute traffic(minimize impacts to local traffic)
• Wetlands protection, noise control and other topics
Air Oualitv
A number of Land Use Permit conditions dealt with emission mitigation. Compliance with
these is ongoing. These_measures included reductions of nitrogen oxides, sulfur oxides,
and particulate precursors from existing refinery operations. and were implemented before -
applicable units began operations.
Other measures to mitigate impacts of construction continued to be implemented. These
included:
• Use of portable speed monitors to remind drivers of speed limits. Slower- r
speeds result in lower dust generation.
D.7
Visual checks of trucks to ensure that loose materials are covered and that
minimum freeboard requirements were met.
0 Construction roads were paved as soon as possible. Most of the construction
roads required have been paved.
• Construction roads and areas were watered periodically using an on-site
watering trucks. '
• Wind speeds were monitored. On 10 occasions, winds were noted to be in
excess of 25 MPH. On seven of these occasion it was raining and therefor no
additional mitigation was necessary. On the other three occasion, active sites
were watered and vehicle speeds limits reduced to 15 mph
9 Most of the job site has now been covered with gravel or paved.
Commute Traffic
Traffic conditions surrounding the Clean Fuels project worksite were monitored
periodically by Fehr and Peer Associates (traffic consultants). Sixteen monitoring reports
have been issued covering the period from December, 1993 through July, 1995. To date
no threshold levels of concern have been reached during peak construction traffic hours.
In fact, due to scheduling of normal project work hours(7:00 AM to 5:30 PM),
construction workers arrive and depart before and after peak traffic hours. The latest
monitoring reports indicate that average vehicle ridership for the construction workforce
has increase from 1.16 in 1994 to a range of 1.17 to 1.21 for this review period.
Community Warning System
For the past two years, Shell has been actively involved in the Community Warning
System project. The Community Warning System project is a unique and comprehensive
county-wide alert and notification warning system. Phase 1 of the project,which is funded
entirely by industry, provides for warning sirens around major industrial facilities and a
county-wide notification infrastructure using the best proven technology. Warning system
command centers at 911 dispatch sites will be able to unite all emergency response
agencies and personnel and can, either collectively or individually, activate any portion of
the system such as, sirens, pagers, sensitive receptors, television and radio communication
links. Future phases allow for expansion of the alert and notification system by other
agencies. In the event of a future chemical release accident, the public will hear warning
sirens adjacent to the facilities and receive additional safety precautions from radio and
television broadcasts. In the event.-of an earthquake, the system would allow County
officials to broadcast Contra Costa County specific information to the residents of the
County.
A Shell representative is a member of the Board of Directors of the Contra Costa County ;
Community Awareness Emergency Response (CAER) and the Management Advisory
Committee for the new Community Warning System (CWS). In addition, a number of
other Shell employees are active in CAER and CWS activities. Shell has participated in
the funding of the CWS and has donated office and storage space and other supplies for
project management. Shell is also a member of the Industrial Safety Sharing Forum which
endorsed the project, sponsored its fast-track implementation, and has been instrumental in
bringing the industrial community together to share in the cost of the project.
Landscaping Plan
A landscaping plan was approved by the County. This plan would enhance the-visual
impact of the refinery, especially from the I-680 corridor. The plan included using
approximately 3,440 plants, groundcovers, grasses and wildflowers. Mature olive trees
were planted in 1994. Since then the majority of the 1,840 trees, 1,600 shrubs, planned
groundcovers and grasses have been planted Approximately 85% of the planned planting
has been completed. The remaining work is expected to completed in 1996.
1
SECTION II:
COMPLIANCE STATUS - NOVEMBER 1995
LAND USE PERMIT # 2009-92
(SHELL OIL COMPANY CLEAN FUELS PROJECT)'.
The following describes Shell's current compliance status with the Clean Fuels Project
Land Use Permit(LUP) conditions of approval. The conditions are presented in two parts:
Section II-A contains conditions which were still in progress as of the 1994 Annual Report
(10/31/95), and Section II-B lists those conditions that were shown as complete in the
1994 Annual Report. Section II-B also lists those conditions for which documentation
was submitted prior to issuing the 1994 Annual Report.
The conditions are summarized and presented in italics and are followed by the compliance
status.
SECTION II-A:
Permit Conditions in Progress as of the 1994 Annual Report
LUP#1 Clean Fuels Project development shall be based on application for land
use permit volumes 1&2, and project development/operation as further
described in the final EM
Status: Compliance is continuing.
Shell continues to review project design for consistency with the land use
permit and.final EIR
LUP#3 Update site development plan every six months during the duration of the
construction period
Status: Compliance is continuing.
Updated site development plan submitted to the Contra Costa County
Community Development Department(CCCCDD) on 3/24/95 and
9/25/95. Decision not-yet reached when to build or where to locate Light = .-
Crude Tank. Previous submittals and documentation are referenced in
Section II-B.
LUP#4A The Zoning Administrator's decisions regarding submittals for Conditions
of Approval#12, #I3, #18-#25, and#35 shall be placed on the Consent
i
11/9/95
Calendar of the Board's next meetingfor ratification, unless removed
from consent for further deliberation.
Status: Compliance is continuing.
Conditions 12 and 25 are complete.
See Section II-B
Condition 13 is complete.
Letter submitted to the CCCCDD on 10/5/94 for the Zoning Administrator
and the Board of Supervisors' approval. Updated Spill Prevention Control
and Countermeasure(SPCC)Plan submitted to the CCCCDD on 11/1/94.
Approved by the Board of Supervisors on 11/8/94.
Condition 18 is complete.
Compliance approved by the Board of Supervisors on 6/6/95.
Condition 19 is complete.
Compliance approved by the Board of Supervisors on 6/6/95.
Condition 20 is complete.
` Compliance approved by the Board of Supervisors on 5/16/95.
Condition 21 is complete.
Compliance approved by the Board of Supervisors on 6/6/95.
Condition 22-HazOps for the following facilities have been submitted and
approved by the Board of Supervisors: Decyclohamnizer Column(DCH),
Isomerization Unit(ISOM),Additives,Boiler Feed Water Treater
(BFWT),Cooling Water Tower(CWT),Process Water Tanks,Flare,
Pentane Tanks,Hydrogen Plant 3 (BP-3),Recovered Oil Tank,Cracked
Gas Plant Depentanizer(CGDP),Lube Hydrotreater 2(LIU-2), and
Cogen.
Condition 23 -Approval has been obtained from the Contra Costa County
Health Services Department(CCCHSD)for the following project
elements: CWT, Additives,HP-3,BFWT, Process Water Tank,DCH,
Recovered Oil Tank, Pentane Tanks, CGDP, Cogen,LHT-2, Flare, and
ISOM.
Condition 24 -No modification has been made to the Cleari Fuels Project
scope described in the Land Use Permit Application that would have the Y
potential to generate an off-site hazard from process upset.
-2
Condition 35 -Noise calculations for the following facilities have been
submitted and approved by the Board of Supervisors: Cooling Water
Tower(CWT),Flare, Isomerization Unit(ISOM), Hydrogen Plant 3 (HP-
3), Boiler Feed Water Treater(BFWT), Cogen, Distillate Hydrotreater
(DHT), Heavy Gasoline Hydrotreater(HGHT), Caustic Regeneration,
Vent Gas Treater(VGT), Cracked Gas Plant Depentanizer(CGDP), -
belayed Coker Unit(DCU), Sulfur Recovery Unit 4 (SRU4), and Lube
Hydrotreater 2 (LM-2).
Refer to specific conditions for additional information.
LUP#4B The Office Building shall not exceed any of the following: 150,000 square
feet, 3 stories in height and 40 feet in height.
Status: Not yet required.
This requirement will be incorporated into the Office Building design.
LUP#5 Submit architectural&landscaping plans for the Office Building to the
City for review and the Zoning Administrator for review and approval.
Status: Not yet required.
This requirement will be incorporated into the Office Building design.
LUP#6 Submit geotechnical report to ZoningA&5ninislrator detailing the site-
specificgrading concepts, stability wtalysis, stabilization procedures, and
design criteria for cut and fill slopes.
Status: Geotechnical reports for units currently under construction have been
completed and submitted to the Zoning Administrator. Reports for future
elements will be submitted on a timely basis.
Previous submittals and documentation are referenced in Section IIB.
LUP#7 Registered geotechnical professional on site.to: 1. supervise the
implementation of slope stability designs; 2. observe areas of potential r
instability; 3. supervise slope repairs,and 4. compaction testing. "
Status: Compliance is continuing.
Registered geotechnical professional(s) have been, and will continue to be,
on site during grading and compaction activities. -
Completed grading activities are summarized in"Final Geotechnical Report
Shell Clean Fuels Project Mass Grading" submitted to the CCCCDD on
II-3
_...._._.... . .... . 11/9/95
1/11/95. Grading for the Office Building and few other project elements
has not yet started.
LUP#8 Submit final grading report. The report shall contain a detailed, a' s-
graded geologic map signed by the engineering geologist for the project.
A separate map provided by civil engineers for-the project shall show all
subdrains and their connections, surveyed and mapped as well as
foundations The report shall document that all grading and related site
preparation conforms with the geotechnical report, the County Grading
Ordinance, and Chapter 70 of the UBC.
Status: Compliance is continuing
A document titled"Final Geotechnical Report Shell Clean Fuels Project
Mass Grading"was submitted to the CCCCDD on 1/11/95. A supplement
to the Final Report addressing the Contra Costa County Building
Department(CCCBD) comments will be submitted in the fourth quarter of
1995.
LUP#9 Submit a geotechnical report detailing seismic-restraint criteria to be
incorporated into the designs of the foundations and structures
Status: Compliance is continuing.
Previous submittals and documentation are referenced in Section II-B.
Certificates of foundations or structure submittals have been completed for
the following areas: BFWT, Caustic Regeneration, CGDP, Cogen, CWT,
DHT,Flare,HGHT, HP-3; ISOM,LHT 2, SRU-4, and VGT.
Submittals of certificates of foundations or structures for other areas are
continuing.
LUP#10 Building permit applications or certificate of foundations or structures
shall include a report documenting engineering analysis of bay mud,
appropriate remediation, and that roads,foundations, and underground
utilities shall accommodate settlement or compaction.
Status: Compliance is continuing.
Previous submittals and documentation are referenced in Section II-B.
See LUP-9 for individual area status.
LUP#13 Submit evidence that Spill Prevention Control and Countermeasure Plan
II-4
_ 11/9/95.-..... .
has been updated and implemented to include secondary containment for
all tanks, segregation of oily surface and surface runoff, operational
controls, and all new facilities.
Status: Complete.
Letter submitted to the CCCCDD on 10/5/94 for the Zoning Administrator
and the Board of Supervisors' approval. Updated SPCC Plan submitted to
the CCCCDD on 11/1/94. Approved by the Board of Supervisors on
11/8/94.
LUP#14 All hydrocarbon pipes installed above ground as feasible. If no practical
alternative exists, underground systems with double containment and leak
detection system will be required
Status: Compliance is continuing.
Piping on the Clean Fuels Project(CFP)will be installed above ground,
except where no practical alternative exists. When installed, underground
hydrocarbon piping has double containment and leak detection systems.
LUP#15 In areas with high groundwater where construction will occur, dewater as
necessary. Any discharge of groundwater shall comply with the
stormwater NPDESpermit.
Status: Compliance is continuing.
Groundwater encountered during excavation work was discharged to
either the Shell Martinez Manufacturing Complex(MMC)storm sewer
system or the MMC process sewer system. In most instances,the water
removed from excavations was just rainwater. This water was discharged
to a storm sewer which discharged to Lake Slobodnik. Lake Slobodnik
discharges were regulated as stormwater under the MMC's National
Pollutant Discharge Elimination System(NPDES)permit. When the
groundwater contained hydrocarbons,it was discharged to a process sewer
which discharged to the Effiuent Treating Plant. Effluent Treating Plant
discharges were regulated as process water under the MMC NPDES
permit,
LUP#16 During the construction phase, implement measures to reduce fugitive
dust emissions.
Status: Compliance is continuing. r
II=5
11/9/95
Construction contractors and their employees have implemented measures
to reduce fugitive dust. An Environmental Coordinator for construction
was on site daily to ensure that dust reducing measures were implemented.
Specific measures that have been implemented include the following:
• The speed limit at the Clean Fuels Project site is 15 mph. Speed
signs limiting speeds to 15 mph or less are posted throughout the
jobsite.
• Portable speed monitors were used to remind drivers of the speed
limit, and supervisors were reminded as needed during safety
meetings(#16A).
• Trucks were checked daily during site inspection to ensure that
loose materials were covered and at least six inches of freeboard
were maintained(#16B).
• Construction roads were paved as soon as possible(#16C, D and
K). Approximately 90% of roads are now paved.
• A dedicated water truck with a full-time driver circulated
throughout the jobsite. All roads and areas requiring watering were
covered several tunes each day. At each area, fire hoses were used
when needed to supplement the water truck. Water truck
observations were recorded twice daily in the Daily Inspection
Reports(916E, G,H, and J).
• Wind speed was continuously monitored by an anemometer(with
alarm set at 25 mph) at the Clean Fuels Project jobsite gate. The
maximum speed each workday was recorded. Through September
30, 1995,there have been 10 days when the wind speed has
exceeded 25 mph. Seven of the exceedences occurred during rainy
weather. 11/9/94, 1/4/95, 1/9/95, 1/10/953,3/20/953P 3/22/95,and
3/23/95. Because of the rain on these dates,there was little or no
dust generation, The remaining three exceedences occ ured on
days without rain: 1/11/95, 2/13/95, 8/19/95. On these occasions,
the construction superintendent was notified. He was aware of the
dust control requirement, and took actions to n inimize dust
generation by increasing the site watering and(assisted by the
Environmental Coordinator)making sure that the construction
activities in progress did not generate excessive dust.
• Prior to the Clean Fuels Project,the site was in industrial use, and
the project area did not have extensive ground cover. As soon as
possible, interior areas of the site were covered with gravel,
concrete pads, or asphalt. The project boundary along I-680 was
landscaped, including a berm containing ground cover, bushes<ind
trees(#161).
c
i
- - -- -:--_ II-6
_
1119195 -
• A wheel washing station is located near the Clean Fuels Project
gate. In addition, the project entrance road was watered and swept
regularly(#I 6L).
• Most of the jobsite was either covered by gravel or paved (#16E,
and 1)•
LUP#17 Implement measures to reduce construction equipment combustion by-
product emissions.
Status: Compliance is continuing.
Construction contractors and their employees have implemented measures
to reduce construction equipment combustion. An Environmental
Coordinator was on site daily to oversee that measures were implemented.
Specific measures being implemented include the following:
• Vehicles and equipment underwent scheduled maintenance based
on either mileage or hours of operation. Maintenance was
performed by permanent jobsite mechanics. Vehicles having faulty
or missing exhaust system components, including catalytic
converters,were repaired. Recital equipment was maintained onsite
on a weekly basis by the equipment vendor(#17A).
• As part of environmental awareness training, employees were
informed of the requirement to prevent trucks from idling. Idling
trucks were monitored during site inspections(#17B).
• Electric equipment(such as manlifts and welding equipment)has
replaced gasoline and diesel powered equipment as more of the site
becomes paved and more concrete pads are poured(#17C).
• Almost all construction power was supplied by substations,not
portable generators(#17D).
LUP#18 Prior to the start-up of any project unit,provide evidence that the
program to reduce NO,through Urea injection control technology has
been implemented
Status: Complete
Compliance approved by the Board of Supervisors on 6/6/95.
LUP#19 Prior to the start-up of any project unit,'provide evidence that a program
to reduce SO,,has been approved by BA AQMD and implemented
Status: Complete
_.... 11-7
- - - - - - _ - 11/9/95
D.7
Compliance approved by the Board of Supervisors on 6/6/95.
LUP#20 Prior to start-up of the proposed hydrogen plant,provide evidence that
CO oxidation catalyst technology had been applied to the HZ plant heater,
or that other measures have been applied which achieve the same level of
reduction(97.S tons per year reduction in carbon monoxide emissions).
Status: Complete
Compliance approved by the Board of Supervisors on 5/16/95.
LUP#21 Prior to the start-up of any project unit,provide confirmation that
proposed control measures leading to reduction of PM,o formation in the
atmosphere (i.e. N0,1S0x control)would be sufficient to reduce PM,o
emissions below a level of significance.
Status: Complete
Compliance approved by the Board of Supervisors on 6/6/95.
LUP#21A Annualy submit to the CCCCDD a report on fugitive emissions from the
coke operations
Status: Not yet required.
Current design is consistent with permit conditions for fugitive emissions
from coke operations.
LUP#22 At least siady(60)days prior to the start-up ofwry element of the proposed
project, submit a Hazard and Operability study and accident consequence
analysis to the County Health Services Department for review and Zoning
Administrator for review and approval.
Status: Compliance is continuing
Fourteen Hazard and Operability studies(HazOps)have been approved by
the Board of Supervisors and four more are awaiting approval(see Table
below). x
Unit HazOP HazOp
Submitted Approved
DCH 1/17/95 4/25/95
ISOM 1/17/95 5/23/95
11-8
11/9/95
Additives 2/13/95 3/28/95
BFWT 2/14/95 3/28/95
CWT 2/14/95 3/28/95
Process Water Tanks 2/14/95 3/28/95
Flare 3/2/95 4/25/95
Pentane Tanks 3/16/95 5/2/95
HP-3 3/29/95 5/9/95
Recovered Oil Tank 3/30/95 8/8/95
CGDP 5/10/95 8/1/95
HGHT 6/13/95 --
LHT-2 6/19/95 8/8/95
Caustic Regeneration 7/5/95 --
Alkylate Tank 7/27/95 11/7/95
Cogen 8/21/95 10/10/95
VGT 9/24/95 --
Sour Water Tank 10/10/95 --
LUP#23 Prior to start-up, demonstrate that the measures detailed in the approved
Hazard and Operability studies have been implemented
'. Status: Compliance is continuing.
Approval has been obtained from the CCCHSD for the following project
elements.
Unit Approved
CWT 5/12/95
Additives 5/12/95
HP-3 5/12/95
BFWT 5/19/95
Process Water Tank 5/19/95
Flare 6/1/95
DCH 6/14/95
ISOM 6/15/95
Recovered OR Tank 8/10/95
Pentane Tanks 8/11/95
CGDP 9/7/95 x. .
Cogen 10/30/95
LHT-2 10/30/95
LUP#24 Provide written notice to County Health Services Department and Zoning
Administrator to receive determination if modifications to project element,
- -- - - -— - - - - _ 11/9/95
after submittal of Hazard Operability study and accident consequences
analysis for that element, requires a new Hazard Operability study and
accident consequences analysis.
Status: Compliance is continuing. No modification has been made to the Clean
Fuels Project scope described in the Land Use Permit Application that
would have the potential to generate an off-site hazard from process upset.
LUP#26 Monitor H2S concentrations using existing monitors sensitive to
concentrations on the order of 0.001 ppm. Submit monthly monitoring
reports to BAAQAM. Submit annual summary of monitoring reports to
CCCCDD.
Status: Compliance is continuing.
Shell has several ground level monitors for H2S. The nearest to the Clean
Fuels project area is located at the fence line near the Mountain View
Sanitary District Plant and is referred to as the Ground Level Monitor
(GLM)H2S#3. It is located in the prevailing downwind direction from the
Clean Fuels project area.
Shell sends the BAAQMD a monthly report which includes a table of
average hourly H2S concentrations and a table of recorded excesses and
instrument downtime. An excess is defined as an average concentration
greater than 60 parts per billion for more than 3 minutes or greater than 30
parts per billion for greater than one hour.
As noted in LUP#27,one excess occurred at the Mountain View station
for a 4 minute duration on July 28, 1995. .The wind direction at this time
indicates that the CFP was not the odor source. The source is unknown.
LUP#27 If odor threshold is exceeded after project implementation, determine
source of odor and implement measures to reduce concentrations to
below the odor significance threshold identified in the project final EIR
Status: Compliance is continuing.
The H2S odor threshold has been exceeded one time since project startup
(period June 1995 - September 1995), occurring at Mountain View station
on July 28 from 21:45 - 21:49. The wind direction at this time indicates
that the CFP was not the odor source. The source is unknown.
11-10
__
- 11/9/95
D-7
LUP#28 Comply with FAA requirements for obstruction lighting regarding
equipment exceeding 200 feet in height.
Status: Compliance is continuing.
Supplemental Notice forms for seven structures over 200 feet in height
were submitted to the Federal Aviation Administration(dated 8/1/94).-
Documentation
/1/94):Documentation for use of flashing beacon lights instead of strobe lights
was submitted to the CCCCDD on 10/30/95.
LUP#29 Noise generating construction activities shall be limited to the hours of
7AM to 7PM,Monday through Saturday and shall be prohibited on State
and Federal Holidays(exceptions for concrete and unloading).
Status: Compliance is continuing.
Major construction activities occurred during normal working hours- 7:00
AM to 5:30 PM, Monday through Friday. Some work has occurred after 7
PM. The work has been primarily at the Cogen area, in the interior of the
jobsite, and typically,, has involved only limited activities such as concrete
pouring and electrical and instrumentation work. No noise complaints
have been received.
LUP#30 Post site and mail to owners of property within 300 feet notice that
construction work will commence. Submit notice and mailing list to
CCCCDD.
Status: Compliance is continuing.
List of contact persons is current. Last notice mailed to property owners
on 11/28/94 and submitted to the CCCCDD on 12/8/94.
LUP#31 Noise generating construction activities at the office building location, the
Pacheco Blvd parking lot, and the tank construction area in the South
Fast portion of the site shall be limited to 8 AM to 5 PM,Monday through
Friday and prohibited on State and Federal holidays
Status: Compliance is continuing.
Demolition activities at the County Yard on ShellAvenue are partially
complete. All noise activities were confined between 8 AM and 5 PM,
Monday through Friday. No noise complaints were received.
Office building construction and activities at the Pacheco Blvd parking lot
and tank construction area in the southeast portion of the site have not yet
started.
II-11
LUP#32 Locate construction noise sources for activities at the office building site,
the Pacheco Blvd parking lot and the southeast tank site as far north as
possible, maintain &muffle equipment.
i
Status: Compliance is continuing.
Demolition activities at the County Yard on Shell Avenue are partially
complete and were in compliance(see LUP#31). Office building
construction and activities at the Pacheco Blvd parking lot and tank
construction area in the South East portion of the site have not yet started.
LUP#33 Erect a plywood noise barrier along Pacheco Blvd adjacent to the parking
lot construction site.
Status: Not yet required.
Construction in this area has not yet started.
LUP#34 Flood or area lighting needed for construction activities shall be placed&
directed so as not to shine on residential or commercial properties
Status: Compliance is continuing.
Typically, only limited activities, such as electrical and instrumentation
work, have occurred at night.
Flood lights were primarily used during second shift work at the Cogen
area,in the interior of the plant. They were not visible from nearby
residential and commercial areas. Some lights were also stationed in the
walkways between the work areas and the parking lots and at storage
yards.' Any lights near.the MMC property line were adjusted to shine
inward. There have been no complaints about these lights.
Previous submittals and documentation are referenced in Section II-B.
LUP#35 Submit noise calculations demonstrating compliance with noise
performance standard Submit noise monitoring plan.
Status: Compliance is continuing.
Noise calculations for the following fifteen facilities have been submitted
and approved by the Board of Supervisors.
Unit Submittal Date Approval Date
i
II-12
11/9/95
CWT 5/24/94 6/14/94
Flare 5/24/94 6/14/94
ISOM 5/24/94 6/14/94
HP-3 5/24/94 6/14/94
BFWT 7/27/94 11/8/94
Cogen 7/29/94 11/8/94
DHT 7/29/94 11/8/94
HGHT 7/29/94 11/8/94
Caustic Regen 7/29/94 11/8/94
VGT 7/29/94 11/8/94
CGDP 9/23/94 11/8/94
DCU 10/5/94 11/8/94
SRU-4 10/24/94 11/8/94
LHT-2 2/13/95 3/28/95
LUP#36 Submit a plan for improving bicycle use on Marina Vista during
construction and operation. Provide a trail easement from the Bay Trail
to Marina Vista
Status: Compliance is continuing. !,
Shell and Dennis Reagan of the Contra Costa County Public Works
Department(CCCPWD)have discussed including the work required in this
condition into the scope of other work required by the CFP in the Land
Use Permit Conditions 58 and 59. The city of Martinez's engineer working
on the Marina Vista Beautification project, Tim Zumwalt, has agreed to
this approach.
Shell has discussed possible Shell property easements to be used for the
Bay Trail with Steve Fiala of the East Bay Regional Park District
(EBRPD). He has verbally indicated that the EBRPD is not interested in
any Shell property for the Trail extension.
LUP#37 Drainage, road, &utility improvements detailed in Conditions#38-44&
#47- 70 require review&approval from Public Works Department.
Development shall conform with Division 914&Division 1006 of the r .
County Ordinance Code.
Status: Complete
Shell and the CCCPWD have an agreement to have Shell pay.the Public
Works Department to perform engineering and construction"or the Land r
Use Permit Conditions#38, 39, 40, 41, 42, 43, 44, 47, 48, 5O, 57, 58, 59,
61, 62, 63, 64, 65, 66, 67, and 68. Cooperative funding agre;ament
U-13
- 1119195
between Shell and the Contra Costa County for LUP Conditions 38, 47,
48, 50, 57, 58, 59, 61, 62, 63, 64, 65, 66, 67, and 68 submitted to the
CCCCDD on 12/1/94.
Although not specifically listed, Conditions 39 through 44 are also covered
by the agreement(see agreement). Conditions 39 through 44 involve.
obtaining necessary permits and encroachments, proving compliance with
the Ordinance code, and other miscellaneous activities necessary to
successfully complete those conditions listed in the agreement.
LUP#38 Modify or replace the crossing protection at Marina Vista in the vicinity
of Genstar Gate.
Status: Complete.
See LUP #37.
LUP#39 Submit improvement plans,payment of review and inspection fees, and
security for public works improvements
Status: Complete.
See LUP#37.
LUP#40 Furnish proof to Public Works Department of acquisition of rights of
entry,permits, and/or easements,for construction of off-site road and
drainage improvements
Status: Complete.. :
See LUP#37.
LUP#41 Obtain from Caltrans through the Public Works Department, an
encroachment permit for construction within the state right of way. .
Status: Complete.
See LUP #37.
LUP#42 Provide for adequate sight dis'ance at the Gates P-2, P-3, Genstar,
Fairview, and the Shell Avenin access to the new office facility. - r
Status: Complete.
II-14
- - .11/9/95
See LUP #37.
LUP#43 Design all public access ways in accordance with Title 24(Handicap
Access).
Status: Complete.
See LUP#37.
LUP#44 Obtain an encroachment permit from City of Martinez for any work within
the City limits
Status: Complete.
See LUP#37.
LUP#45 Prohibit construction and material truck deliveries which originate within
CA. (except concrete) between 6-8 AM, 4.30-6.30 PM.
Status: Compliance is continuing.
it Sign posted at entrance to Clean Fuels Parkway.
Shipping and Invoicing Instructions contain language stating that receiving
hours are 8:00 AM to 12:00 noon and 12:30 PM to 4 PM Monday through
Thursday(see Section III). Procurement notified vendors and haulers of
time restrictions when orders were placed. Security guard enforced the
restrictions. Deliveries that arrived during non-receiving hours were not
allowed entrance to site.
LUP#46 Include in all construction contracts the requirement that daily average
vehicle ridership equals not less than 1.15. Contracts to be retained at
MMC for review.
Status: Compliance is continuing.
Fehr&Peers Associates monitored construction-traffic activities, including
vehicle ridership counts. Monitoring reports for the past year have been
submitted to the Public Works department and show ridership varying x .
between 1.17 and 1.21. Report dates and ridership values are listed below.
Previous submittals and documentation are referenced in Section II-B.
Date Submitted Ridership r
2/23/94 1.18
2/3/95 1.21
II-15
3/2/95 1.20
4/6/95 1.19
6/5/95 1.17
7/20/95 1.18
LUP#47 Construct curb, walk, drainage, etc. along Pacheco between Wygal and
easterly Shell property line, construct sidewalk between P-3 gate and
Wygal along Pacheco. Level the depressed section of existing pavement
along the curb at creek crossing.
Status: Complete.
Agreement between Shell and the CCCPWD submitted to the CCCCDD
on 8/14/95. Also see LUP#37.
LUP#48 Construct 4 foot rock shoulders along both sides of Shell Avenue
(exception granted). Provide sidewalk from office building to Pacheco
Blvd
Status: Complete.
See LUP#37.
LUP#49 Install traoc signal at Gate P-3/Pacheco Blvd intersection, and
interconnect the new signal with the existing signals on Pacheco Blvd at
Howe Road Morello Avenue and Shell Avenue.
Status: Complete
Installed April 1995.
LUP#SO Repair damaged sections of curb and sidewalk along Pacheco and Marina
Vista frontage of the Shell Oil property. . ..
Status: Complete.
See LUP #37.
LUP#SI Execute deferred improvement agreement to construct curb and sidewalk
along easternfrontage, alongMarina Vista. The improvements shall be
i
H-16
11/9/95
constructed when the bicycle/pedestrian connection between Marina Vista
and the proposed new Benicia Bridge span is constructed
Status: Not yet required.
Will be executed prior to the completion of construction.
LUP#55 If the Construction Traffic Management Plan identifies the need, widen
Pacheco Blvd in the vicinity of Morello Avenue and modify existing signal
to its ultimate location and configuration. If the Traffic Management
Plan does not idents the need to improve the intersection, then the
applicant shall contribute the project's pro-rata share of widening
Pacheco Blvd from Morello Avenue to Arthur Road
Status:. Complete.
Agreement between Shell and the CCCPWD submitted to the CCCCDD
on 8/14/95.
LUP#56 Comply with requirements of Bridge/7lioroughfare Fee Ordinance. Fee
based on# of employees impacting the PMpeak hour,plus square footage
of the proposed office building.
Status: Compliance is continuing.
The Bridge/Thoroughfare Fee were paid to the CCCBD on 4/5/95 with the
Clean Fuels Control Center Building permit(permit# 192775).
LUP#57 Reconfigure the intersection of Marina Vista and Amorco Road to provide
adequate truck turning radii.
Status: Complete.
See LUP#37.
LUP#58 Rebuild the pavement structural section of Marina Vista between the
Fairview Gate and I-680 northbound ramps, subject to the review of the
City and review and approval of the Zoning Administrator.
Status: Complete.
See LUP#37.
II-17
11/9/95
LUP#59 Contribute a fair share amount toward the reconstruction of the pavement
structural section of I-680 northbound&southbound on&off ramps at
Marina Vista. The fair share amount shall be based upon the project-
generated truck ADT on the ramps versus the total truck ADT on.the
ramps.
Status: Complete.
See LUP#37.
LUP#60 Prepare and implement a pavement monitoring program for Marina Vista,
subject to the review of the City ofMarfinez, and for the Interstate 680 on-
and off-ramps, subject to the review of the Caltrans These improvements
shall also be subject to the review and approval of the Zoning
Administrator. The monitoring program shall require:
A. Video evidence of pavement before and after project.
B. Post pavement repair bona
G The exclusion of specific County and City roads from truck
deliveries routes to the site, which for safety and maintenance
reasons, cannot support additional truck traffic.
D. The applicant shall contract with the County to have a road rating
and deflection analysis performed before and after project
construction to determine the extent of remedial work to be
performed Remedial work shall consist of pavement repair and/or
pavement overly and reconstruction of portions of the road as
deemed necessary to bring the road to at least its pre-construchon
condition. The scope of workfor the contract shall be subject to ...
the review of the City of Martinez and subject to the review and
approval of the Zoning Administrator.
Status: Compliance is continuing.
Previous submittals and documentation are referenced in Section H-B.
LUP#61 Convey to the County and City additional right of way on Shell Avenue
and to the City additional right of way on Marina Vista, by Offer of
Dedication. Execute an agreement to dedicate additional right of way
when the improvements are needed The agreement shall be executed_
prior to the completion of the project improvements.
Status: Complete.
11/9/95
See LUP#37.
LUP#62 Convey to the County, by Offer of Dedication, additional right of way on
Pacheco Blvd as required for the planned future half-width of S0 feet.
Status: - Complete.
Agreement between Shell and the CCCPWD submitted to the CCCCDD
on 8/14/95. Also see LUP #37.
LUP#63 Convey to the County, by Offer of Dedication, additional right of way on
Shell Ave. along the frontage of the administration building project
(Helena Ave. to the utility bridge)for the planned future half width of 30 _
feet.
Status: Complete.
See LUP#37.
LUP#64 Convey to the County, by Offer of Dedication, additional right of way on
Jefferson Street as required for the planned future width of 56 feet.
Status: Complete.
See LUP#37.
LUP#65 Convey to the County, by Offer of Dedicatiom additional right of way and
necessary slope easements on Helena Avenue for the pkmned future half
width on the north side of 28 feet
Status: Complete.
See LUP#37.
LUP#66 Install street lights along Shell Avenue frontage between Helena and the
utility bridge.
Status: Complete.
See LUP#37.
LUP#67 Install additional safety street lighting along Pacheco frontage. w
Status: Complete.
11/9/95
Agreement between Shell and the CCCPWD submitted to the CCCCDD
on 8/14/95. Also see LUP#37.
LUP#68 Install additional safety street lighting along Marina Vista, if deemed
necessary by the City of Martinez. '
Status: Complete.
See LUP #37.
LUP#69 Confirm that storm waters do not back up onto public or private property
outside of the project boundaries.
Status: Compliance is continuing.
Drainage release agreement submitted to the CCCCDD and the CCCPWD
on 5/17/95.
LUP#70 Prevent storm drainage, originating on the property and conveyed in a
concentrated manner,from draining across sidewalks and driveways
Status: Compliance is continuing.
Virtually all(i.e.from>99%of the area)of stormwater runoff from the
Martinez Manufacturing Complex is discharged via storm ponds or the
Effluent Treatment Plant to the Carquinez Straits. These discharges are
conducted in compliance with conditions specified in the NPDES Permit
issued by the San Francisco Bay Regional Water Quality Control Board
(RWQCB). Runoff from remaining areas consist of sheet flow from
parking lots or backs of naturally vegetated hillside areas. There are no
circumstances.where any runoff from MMC is concentrated or channeled in
such a way as to cause flooding of any sidewalks or driveways.
Previous submittals and documentation are referenced in Section II-B.
LUP#72 Submit a landscaping plan for the project viewed from I-680 and Marina
Vista Interchange;for area between the Light Crude Tank and residential
area(if not relocated);and along Marina Vista within City boundary. '
Status: Compliance is continuing.
Annual landscaping update submitted to the CCCCDD on 10/26/95.
Planting for area along I-680 and the east side of the project area was _
completed.
Marina Vista landscaping for the Pentane Loading Rack was completed.
- II-20.
- — 11/9/95
Letter from Richard Murray Associates summarizing the progress on
landscaping is provided in Section III.
Remaining planting is expected to begin as construction areas are
completed.
Previous submittals and documentation are referenced in Section II-B.
LUP#73 Complete a feasibility study for the use of reclaimed water for industrial
use.
Status: Compliance is continuing.
Study initiated and Nalco has completed an analysis and have prepared a
draft report. Report is in Shell review and is planned for submittal during
the first quarter of 1996.
LUP#74 Maintenance, warehouse, and control buildings shall not exceed 40 feet in
height. If applicant is responsible for the demolition of the facilities
located at the County Yard on Shell Avenue, then noise generating
construction activities must be limited to the hours of 8:00 can to 5:00 pm
(Monday through Friday, no holidays)and noise sources must be located
to maximize the distance to sensitive noise receptors '
Status: Compliance is continuing.
All applicable buildings do not exceed 40 feet in height. See below table
for Building Permit Issue dates.
Demolition activities at the County Yard on Shell Avenue are partially
complete. All noise activities were confined between 8 AM and 5 PM,
Monday through Friday. No noise complaints were received.
Previous submittals and documentation are referenced in Section]1-B.
Building_Description Building Permit No. Date Issued
Clean Fuels Control Center 192775 4/21/94
HP-3 Control Center 195771 8/30/94
LHT-2 Control Center 196357 9/22/94
Maintenance Building 194618 7/12/94
Operator Field Station#1 195595 8/23/94
Operator Field Station 92 195596 8/23/94
Operator Field Station#3 195597 8/23/94
LUP#76 Should archaeological materials be uncovered earthwork within 3(:!yards
of these materials shall be stopped until a professional archaeolog'st has
evaluated the find If any significant cultural materials are encountered
-- - - ---- II-21
_ 11/9/95
during construction the Community Development Department shall be
notified and a qualified archaeologist contacted and retained for further
recommendations.
Status: Compliance is continuing.
All construction contractors and workers were informed of measures to be
implemented if cultural resources are discovered. Environmental
Coordinator was on site to ensure compliance. No cultural resources have
been discovered.
LUP#77 Board of Supervisors shall hold public hearings at a frequency of one per
year during the first S years, and every 3 years thereafter to determine
compliance with the land use permit conditions
Status: Compliance is continuing.
LUP#78 Submit annual report to Director of Community Development on facility's
compliance with the conditions of approval and Mitigation Monitoring
Program. For each mitigation measure, identify compliance, standard
uses; times and dates of monitoring, and future action.
Status: Compliance is continuing.
This document satisfies this condition for 1995.
Previous submittals and documentation are referenced in Section H-B.
LUP#80 Prior to the start-up of any project unit,provide evidence that emergency
manual has been updated to include the project units
Status: Complete
The Emergency Manual was submitted to the CCCCDD on 5/11/95.
LUP#81 Prior to the start-up for each project element which manages hazardous
materials, update the Hazardous Materials Business Plan.
Status: Compliance is continuing
Hazardous Materials Business Plan updated and submitted to the
CCCCDD on 5/11/95 and 9/29/95.
New updates to be submitted prior tc:'start-up for each project element
which manages hazardous materials.
- -- —-— II-22
11/9/95
SECTION 11-B
Permit Conditions Shown as Complete or Partially Complete in the 1994 Annual Report
LUP#2 Submit initial site development plan (identifying the phasing of key
project milestones). '
Status: Complete
Initial plan submitted to the CCCCDD on 9/24/93.
LUP#3 Update site development plan every six months during the duration of the
construction period
Status: Compliance is continuing.
Updated site development plan submitted to the CCCCDD on 3/24/94, and
9/25/94.
See Section II-A for most recent submittals.
LUP#6 Submit geotechnical report to Zoning Administrator detailing the site-
specific
ite-
spec f c grading concepts, stability analysis, stabilization procedures, and
design criteria for cut and,fill slopes
Status: Compliance is continuing.
Report submitted on 9/27/93. Additional information in response to
successive County comments submitted on 12/13/93 and 2/7/94.
LUP#9 Submit a geotechnical report detailing seismic-restraint criteria to be
incorporated into the designs of the foundations and structures
Status: Compliance is continuing.
A site-specific geotechnical report detailing seismic-restraint criteria was
submitted on 9/27/93.
LUP#10 Building permit applications or certificate of foundations or structures
shall include a report documenting engineering analysis of bay muc
appropriate remediation,and that roads,foundations, and underground
utilities shall accommodate settlement or compaction.
t
Status: Compliance is continuing.
Geotechnical report for project submitted on 12/13/93.
--_-- II-24
__ _ 11/9/95
D.1
LUP#I1 Submit approved soil management control plan; describe soil screening
protocol(suitability for use as fill);provide for segregation of surface
runoff and accumulated contaminated soils, ensure compliance with
existing NPDES permits
Status: Complete.
Soil Management Control Plan submitted to the Regional Water Quality
Control Board(RWQCB) on 9/1/93.
RWQCB approved Soil Management Control Plan submitted to the
CCCCDD on 10/20/93.
LUP#12 Submit Selenium report detailing compliance with EIR selenium
mitigation measures
Status: Complete.
Selenium reduction/pilot study submitted to the RWQCB on 12/31/93
Report on technical progress to the RWQCB on 3/28/94
Selenium Report submitted to the Zoning Administrator on 5/9/94
Selenium Report approved by the Board of Supervisors on 6/14/94
LUP#13 Submit evidence that Spill Prevention Control and Countermeasure Plan
has been updated and implemented to include secondary containment for
all tanks, segregation of oily surface and surface runoff, operational
controls, and all new facilities
Status: Complete.
Letter submitted to the CCCCDD on 10/5/94 for the Zoning Administrator
and the Board of Supervisors' approval.
See Section II-A for most recent submittals.
LUP#25 Provide evidence that total H2S concentration will not exceed the odor
threshold as defined in the project final EIR
Status: Complete.
Letter with modeling results demonstrating that total H2S concentrations r.
will not exceed threshold concentrations was submitted to the CCCCDD
on 5/4/94.
Approval from the Board of Supervisors was obtained on 6/14/94.
II-25
--- --- --- - _ _. --- 11/9/95
LUP#30 Post site and mail to owners of property within 300 feet notice that
construction work will commence. Submit notice and mailing list to
CCCCDD.
Status: Compliance is continuing.
Site was posted on 12/30/93. '
List of contact persons was developed on 12/30/93.
Notice was mailed to property owners on 12/30/93.
Copy of notice was submitted to the CCCCDD on 12/30/93.
LUP #34 Flood or area lighting needed for construction activities shall be placed&
directed so as not to shine on residential or commercial properties.
Status: Compliance is continuing.
Letter to the CCCCDD confirming placement of lighting submitted on
10/7/93.
LUP#35 Submit noise:calculations demonstrating compliance with noise
performance standard Submit noise monitoringplan.
Status: Compliance is continuing.
Noise monitoring plan submitted to the Zoning Administrator on 5/9/94.
Noise monitoring plan approved by the Board of Supervisors on 6/14/94.
LUP#46 Include in all construction contracts the requirement that daily average
vehicle ridership equals not less than L 15. Contracts to be retained at
MMC for review.
Status: Compliance is continuing.
Letter confirming that construction contracts contain ridership requirement
was submitted 10/7/93.
LUP#52 Submit construction traffic management plan. Plan shall include:
A) Transportation Demand Reduction Plan;B) Congestion Monitoring
Program;and C)Access Management Plan.
Status: Complete
Construction Traffic Management Plan submitted to the City of Martinez,
Caltrans and the CCCPWD on 11/23/93.
Approval received on 11/23/93.
- - — _
II-26
...... -11/9/95--
_. .
LUP#53 Construct temporary traffic signal at the Fairview Gate to be operated
during the construction period Signal design shall be subject to the
review of the City and review and approval of the Zoning Administrator.
Status: Complete.
Traffic signal plans submitted to the City of Martinez, Caltrans and the
CCCPWD on 10/5/93.
Approved by the Zoning Administrator on 5/10/94.
Signal installed on 6/23/94.
LUP#54 Install a connecting roadway between the Fairview parking lot and the
Genstar internal roadway.
Status: Complete.
Plans submitted on 9/30/93.
The Zoning Administrator approved on 10/26/93.
Connecting road installed on 12/6/93.
LUP#60 Prepare and implement a pavement monitoringprogram for Marina Vista,
subject to the review of the City of Martinez, and for the Interstate 680 on-
and off-ramps, subject to the review of the Caltrans These improvements
shall also be subject to the review and approval of the Zoning
Administrator: The monitoring program shall require:
A.. Video evidence of pavement before and after project.
B. Post pavement repair bond
C. the exclusion of speck County and City roads from truck
deliveries routes to the site, which for safety and maintenance
reasons, cannot support additional truck traffic.
D. The applicant shall contract with the County to have a road rating
and defection analysis performed before and after project
construction to determine the extent of remedial work to be
performed Remedial work shall consist of pavement repair and/or
pavement overly and reconstruction of portions of the road as
deemed necessary to bring the road to at least its pre-construction
condition. The scope of work for the contract shall be subject to
the review of the City of Martinez and subject to the review and
approval of the Zoning Administrator.
Status: Compliance is continuing.
i
U-27
11/9/95 _
Pavement Monitoring Program was submitted to Caltrans and the
CCCPWD
on 3/29/94.
Pavement Monitoring Program was conducted by the CCCPWD."
Completed on 8/29/94.
LUP#70 Prevent storm drainage, originating on the property and conveyed in a
concentrated manner,from draining across sidewalks and driveways.
Status: Compliance is continuing.
Storm water management plan for 1993-1994 rainy season was submitted
to the RWQCB on 10/7/93.
Storm water management plan for the 1994-1995 rainy season was
submitted to the RWQCB on 9/26/94.
The plan ensures that storm drainage does not drain across sidewalks and
driveways.
LUP#71 The use of an alternate flare system which would include a number of
smaller flare "stems"as described in the "flare system alternative"of the
final EIR is allowed upon approval on BAA QA M
Status: Complete.
Approval for alternate flare system from the BAAQMD is included in the
Authority to Construct Permit dated 12/29/93.
LUP#72 Submit a landscaping plan for the project viewed from 1-680 and Marina
Vista Interchange,-for area between the Light Crude Tank and residential
area.Cf not relocat4;and alongMarina Vista within City boundary
Status: Compliance is continuing.
Landscape plan for project site as viewed from I-680 was submitted on
3/23/94;approved by the County on 4/5/94.
See Section II-A for more recent documentation.
LUP#74 Maintenance, warehouse, and control buildings shall not exceed 40 feet in
height. . If applicant is responsible for the demolition of th,.e facilities
located at the County Yard on Shell Avenue, then noise generating
construction activities must be limited to the hours of 8:OG am to S:00 pm
(Monday through Friday, no holidays) and noise sources r,nust be located
'to maximize the distance to sensitive noise receptors
--- — 11-28
11/9/95
Status: Compliance is continuing.
Building permits issued for four structures. Drawings submitted to the
County Building Department as part of the building permit application.
LUP#75 Defeng indemnify, and hold harmless CC County Planning Agency from
any claim, action, or proceeding against theAgency's approval
concerning the land use permit, which action is brought within the time
period provided for in Section 66499.37.
Status: Complete.
LUP#78 Submit annual report to Director of Community Development on facility's
compliance with the conditions of approval and Mitigation Monitoring
Program. For each mitigation measure, identify compliance, standard
used, times and dates of monitoring, and future action.
Status: Compliance is continuing.
Annual compliance report was submitted on 10/28/94.
See Section II-A.for more recent documentation.
LUP#79 Within 18 months of the effective date of the land use permit,provide
evidence that the facility's "Office Education Program"has been
expanded
Status: Complete.
The Office Education Program has been expanded in the following ways:
• Increased the number of students from four to ten.
• Expanded recruiting within Alhambra High School.
• Mentoring Program developed for new incoming students.
• Students sent to computer classes(depending on job assignment at
Shell).
• Formal performance evaluation of students.
• Student participation in development and improvement of program.
t
H-29
-- -< :11/9/95
Section III
Supporting Information
OCT-17-95 TUE 15:04 SHELL TRAILER B FAX NO. 510 313 5350 P. 01/01t>.-710/lT:OS TC'$ 11126 FAX 510 313 '1333 tt;V Yti»1 1a. Rues 9 �+---
PUBLIC WORKS DEPARTMENT
CONTRA COSTA COUNTY
DATE:August 14, 1995
TO: Catherine Kstsuris,Acting Zoning Administrator, Community Development
FROM: Denis M. Regan, Senior Civil Engineer, Design Divisio i-2 `
SUBJECT: Pacheco Blvd. Frontage Improvements
At#ached for your review and approval are the plans and specifications for the Pacheco Blvd.
Frontage improvements. This pro#ctwas designed to satisfy the conditions of Shell ail Company's
Clears Fuels Project Land Use Permit(#2049-92). The work to be included in this project satisfies
permit conditions 47a, 55, 62 and 67.
The City of Martinez has reviewed and approved these plans as required by Shell's permit
conditions.
Please approve this project and consider the above conditions of Shed's permit as being completed.
DWilg
g:ldesignlwork\Katsurls.ta
Attachments
cc: Scott Maryman
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Shell Oil Company
P.O.Box 711
Martinez,Califomia 94553
Tekn)h n : (510)3133000
December 1, 1994
Ms. Catherine Kutsuris
Contra Costa County Community Development Depart.
-Administration Building,North Wing, 2nd Floor
651 Pine Street
Martinez, CA 94553-0095
Dear Ms. Kutsuris,
SUBJECT: SHELL OIL COMPANY CLEAN FUELS PROJECT (COUNTY FILE
NUMBER 2009-92)
Enclosed is copy of a cooperative funding agreement between Shell OR.Company and
County of Contra Costa. The agreement was developed by Shell and the County's
Public Works Department to deal' with several conditions of the Land Use Permit.
Specifically the conditions being dealt with are; Nos. 38, 47a, 47b, 48, 50, 57, 58, 59,
61, 62, 63, 64, 65, 66, 67 and 68.
If you have any questions regarding this matter, please contact me at(510)313-3695.
Very truly yours,
E. T. Swieszcz, StaffEngin
Environmental Conservation
Martinez Manufacturing Complex
Enclosure:
D' 1
COUNTY OF CONTRA COSTA/SHELL OIL COMPANY
COOPERATIVE FUNDING AGREEMENT
SHELL CLEAN FUELS PROJECT
This Cooperative Funding Agreement ("Agreement") is entered into by and between the County
of Contra Costa, a political subdivision of the State of California ("Count '), and Shell Oil
Company, a Delaware corporation ("Shell"), to be effective as of g,
1994.
PURPOSE AND SCOPE OF WORK
The County and the City of Martinez have required Shell to construct various frontage
improvements along Pacheco Blvd., Shell Avenue, Marina Vista, Helena Avenue and Jefferson
Street ("Improvements"), all in or about the City of Martinez and the County of Contra Costa, as
conditions to the County's approval of a Land Use Permit in connection with Shell's Clean Fuels
project. The purpose of this Agreement is for Shell to retain the services of the County, through
its Public Works Department, to act as project manager and to provide, undertake, oversee and/or
coordinate all necessary permitting, surveying, design engineering, construction engineering and
other activities as required in connection with those public improvements and dedications set forth
on Attachment A, attached hereto and incorporated herein by reference(collectively, the "Project").
AGREEMENT
In consideration of the above recitals, and other valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the parties agree as follows:
DEFINITIONS
For purposes of this Agreement, the following terms shall have the meanings and shall be defined
hereafter set forth:
Design Engineering - Preparing or undertaking surveys, preliminary 'engineering, design
engineering, materials testing, coordination with utilities (not to include relocation charges),
preparing plans, specifications and cost estimates for the Project, and Advertising and soliciting
bids for the Improvements.
Construction Engineering -Awarding contracts, construction oversight and management, contract
administration, inspection, construction surveying, materials testing, approval and acceptance of r.
completed Improvements, and all other work incidental to the construction of the Improvements.
All construction and other contracts necessary to the County's.performance under this Agreement
shall be entered into between the County and such third parties.
Right of Way Engineering -Researching deeds and maps relating to rights of way required for the
dedications set forth on Attachment A, undertaking surveys, preparing legal descriptions and maps,
preparing any related incidental items necessary for the dedications, and preparing and recording
COUNTY OF CONTRA COSTA/SHELL OIL COMPANY
COOPERATIVE FUNDING AGREEMENT
SHELL CLEAN FUELS PROJECT
This Cooperative Funding Agreement ("Agreement") is entered into by and between the County
of Contra Costa, a political subdivision of the State of California ("County"), and Shell Oil
Company, a Delaware corporation ("Shell"), to be effective as of ,
1994.
PURPOSE AND SCOPE OF WORK
The County and the City of Martinez have. required Shell to construct various frontage
improvements along Pacheco Blvd., Shell Avenue, Marina Vista, Helena Avenue and Jefferson
Street ("Improvements"), all in or*about the City of Martinez and the County of Contra Costa; as
conditions to the County's approval of a Land Use Permit in connection with Shell's Clean Fuels
project The purpose of this Agreement is for Shell to retain the services of the County, through
its Public Works Department, to act as project manager and to provide, undertake, oversee and/or
coordinate all necessary permitting, surveying, design engineering, construction engineering and
other activities as required in connection with those public improvements and dedications set forth
on Attachment A. attached hereto and incorporated herein by reference (collectively, the "Project').
AGREEMENT
In consideration of the above recitals, and other valuable consideration, the receipt and adequacy
of which are hereby acknowledged, the parties agree as follows:
% V-7
DEFINITIONS
For purposes of this Agreement, the following terns shall have the meanings and shall be defined
hereafter set forth:
Design Engineering - Preparing or undertaking surveys, preliminary engineering, design
engineering, materials testing, coordination with utilities (not to include relocation charges),
preparing plans, specifications and cost estimates for the Project, and Advertising and soliciting
bids for the Improvements.
Construction Engineering-Awarding contracts, construction oversight and management, contract
administration, inspection, construction surveying, materials testing, approval and acceptance of
completed Improvements, and all other work incidental to the construction of the Improvements.
All construction and other contracts necessary to the County's performance under this Agreement
shall be entered into between the County and such third parties.
Right of Way Engineering-Researching deeds and maps relating to rights of way required for the
dedications set forth on Attachment A, undertaking surveys, preparing legal descriptions and maps,
preparing any related incidental items necessary for the dedications, and preparing and recording
all legal documentation required in connection with the dedications.
Coordination with SPRR - Coordination of reviews, design approval, and construction of
Improvements with Southern Pacific Railroad ("SPRR") as required in connection with the
77 i
dedications. II�
Coordination with PG&E - Coordination of reviews, design approval, and construction of
Improvements with PG&E as required in connection with the Project.
Utility Relocation - Relocation of utilities that conflict with the Project.
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Contract Costs - Estimated cost to construct the Improvements, all as set forth on Attachment B
i
hereto and incorporated herein b reference, plus a 10% construction contingency, i
rpo y g cy, slid any extra
charges or overages claimed by contractors and agreed to by the County. The cost of any
engineering or Construction Engineering referred to in this Agreement shall include all direct and
indirect costs (functional and administrative overhead-assessment) attributable to such work,
applied in accordance with.County's.standard accounting procedures.
Proiect Costs -Actual costs of Engineer, Construction Engineering, Right of Way Engineering,
Coordination with PG&E, Coordination with SPRR, and Utility Relocation.
Section 1
1.1 The County agrees to take or cause to be taken the following actions, and to perform or cause
to be performed the following services, all on behalf of Shell and in connection with the Project: s
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A. Obtain ail permits and entitlements required for the Project. ' _ -
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B. Perform or cause to be performed all Design Engineering for the Project.
C. Perform or cause to be performed all Construction Engineering for the Project.
D. Perform or cause to be performed all Right of Way Engineering for the Project.
E. Perform and undertake all Coordination with PG&E.
F. Perform and undertake all Coordination with SPRR.
G. Perform or cause to be performed all Utility Relocation required in connection with
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the Project.
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H. Approve and accept the-Project.construction work-when completed, and arrange for I
acceptance by the City of Martinez or other entities, as required.
1. Without limiting the foregoing, to do all acts or things and to engage such contractors
or others as may be required to complete the Project.
1.2 Upon completion of Project and at Shell's request, the County shall furnish Shell a complete i
set of full-sized film positive reproducible as-built plans of the Project.
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1.3 The County shall retain, or cause to be retained, all book:,;, records, accounts, drawings; plans, r
4
specifications, and other documentation relating to the Project ("Records") for a period of three (3) _
years from date of final accounting and payment between Shelf and the County as provided in
Section 2.4 below. The County shall make such records available far audit and/or inspection by
Shell upon reasonable notice and during normal business hours during such three year period and
shall permit Shell or its representatives to make copies and abstracts therefrom. the cost of any
such audits and/or investigations conducted by or on behalf of Shell shall be borne by Shell;
provided, however, that if as a result of any such audit or inspection it is determined that the
amount due and owing to Shell equals or exceeds five percent (5%) of the Project Costs set forth
in the County's final statement and accounting, and (i) the County shall promptly reimburse Shell
for the amount due and owing to Shell.
SECTION If
2.1 Financial Responsibilities:
A. All estimated cost in Attachment B.for Contract, Design Engineering, Construction
Engineering, Utility Relocation, Coordination with RR and Coordination with Caltrans, shall be
subject to adjustment based on the actual.cost involved The County shall immediately notify Shell
in writing of any potential increases in these cost The County shall submit to Shell all
documentation and invoices associated with these cost increases. All increases in Contract Cost
shall be subject to a 15% charge for Design Engineering and 12.5% charge for Construction
Engineering. If these addition: cost are unacceptable to Shell they shall have the right to terminate
this agreement subject to th? provisions of Section 3.3 and 3.4 of this Agreement. Items that
increase the scope of work shall require the prior written approval of Shell as set forth4n Section
5
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III, Article 3.1 and the terms described herein shall not apply. _
B. Shell shall be solely responsible for all Projedt Costs as set forth on Attachment B and
as adjusted by Section 2.1-A of this agreement. Notwithstanding any other provision of this
Agreement to the. contrary, Shell shall not be liable to the County or to any contractors,
subcontractors or material men for any amounts in excess of the aggregate amount set forth on
Attachment B, except with the prior written approval of Shell.. Without limiting the foregoing,
modifications to the scope or nature of the work which may increase Shell's aggregate financial
responsibility can be made only with prior written agreement of Shell.
�. The County may adjust the cost estimates for one or more of the components of the
improvements provided Shell's aggregate financial responsibility is not increased.
-9 JR. After the County opens bids for the construction of all or any portion of the
Improvements, the-Contract Cost for the Improvements reflected in the bid will be revised to reflect
the actual contract bid amount, plus a 10% contingency. Shell's required deposit under Section
2.3 of this Agreement shall be increased or decreased to match said revised estimate. If the
deposit increase or decrease is less than $1,000, no refund or demand for additional deposit will
be made until final accounting.
v $�. After the County opens bids for the construction of all or any portion of the
Improvements, and if bids indicate a cost overrun of no more than 20% of the estimate, County may
award the contract, subject to the adjustments on Shell's aggregate financial obligations as set
for,Lh above.
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i'. If, upon opening of bids, it is found that a cost overrun exceeding 20% of the estimate
will occur, County and Shell shall endeavor to agree upon an alternative course of action. If, after
thirty (30) days, an altemative course of action is not agreed upon, this Agreement shall be
deemed to be terminated by mutual consent pursuant to Section 3.4.
2.2 Shell shall deposit with the County within twenty-five (25) days of receipt of billing, which
billing will be forwarded to Shell by the-County immediately following County's execution of this
Agreement, the sum of Three Hundred Ninety Three Thousand Five Hundred Dollars ($393,500)
as a deposit against the Design Engineering and Miscellaneous costs as set forth on Attachment
B.
2.3 In addition, Shell shall .deposit-with the County within twenty-five (25) days of receipt of
billing, which billing will be forwarded to Shell by the County with a notification of intent to
advertise and solicit bids for each portion of the Improvements, an amount equal to the sum of the
estimated Contract Cost and Construction Engineering required to complete the construction of the
Improvements so advertised, as set forth on Attachment B.
2,4 Upon completion of the Project and all work incidental thereto, the County shall furnish Shell
with a detailed statement and accounting of the Project Costs. Within thirty (30) days after the
County has provided Shell with the foregoing statement and accounting, the County shall refund
to Shell an amount equal to Shell's deposit as required in Sections 2.2 and 2.3 above, less the
Project Costs. In the event the Project Costs exceed Shell's deposit, the County shall bill Shell for
such additional amount, subject to the adjustments and limitations of Shell's financial obligations
7 _
as set forth above.
2.5 Shell shall permit the County and any contractors working on the Project to enter on Shell's
property as reasonably required to complete the Project
2.6 Shell shall designate a Project Coordinator to coordinate with the County during the Project,
and shall consult with the County, as reasonably necessary, to enable the Project to be property
completed.
2.7 Shell shall assist the County, as reasonably necessary, in applying for any permits or other
entitlements required in connection with the Project, all permit and associated fees shall be the
financial responsibility of Shell in addition to the project costs as outline in Attachment B.
2.8 Shell shall acquire all rights of way necessary for reconfigured intersections, ramps, and
widening, including slope easements necessary to satisfy the requirements of the Project and in
compliance with accepted traffic engineering principles. Right of way required but not specifically
listed in the Items ofAttachmentA will be the financial responsibility of Shell in addition to the
Project Cost as listed in Attachment B.
2.9 Shell shall perform preliminary hazardous site assessments on all parcels needed as right , ..
of way for the Project, this includes land currently owned by Shell and parcels to be acquired by
Shell.
2.10 Shell shall dedicate all rights of way reasonably required to construct the Project.
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2.11 Shell shall not participate in the final inspection of the Improvements or the Project. Final
inspections and approvals of the Improvements and the Project shall be undertaken by the County.
SECTION III
3.1 Any changes in the nature or scope of the Project, as set forth on Attachment A, shall be
subject to the prior written approval of Shell.
3.2 The Project, and all Project plans and specifications, shall comply with (i) acceptable
engineering practices and standards, (ii) the Contra Costa County Standard Plans and
Specifications, (iii) the State of Califomia Department of Transportation Standard Plans and
Specifications, (iv) and all applicable laws,.ordinances, rules and regulations.
3.3 Shell may terminate this Agreement by giving written notice to the County at any time prior
to award of the first construction contract for the Project or any portion thereof. In the event Shell
terminates this Agreement under this Section 3.3, Shell shall be responsible for and shall pay to
the County all Project related costs incurred by County prior to Shell's notice of termination, which
costs shall not exceed $393,500. Promptly following such termination, the County shall provide
Shell with a final statement and accounting of the County's Project related costs incurred prior to
such termination.•-Within thirty(3) days after the County delivers its final statement and accounting
to Shell, the County shall refund to Shell an amount equal to Shell's deposit with the County, if any,
less the County's project related costs as limited above. In the event Shell has not deposited any
funds with the County, or in the event such deposits are less than the County's Project related
-- - - --
9
costs, Shell shall tender the net amount due to the County within said thirty (30) days.
3.5 If any existing public and/or private utility facilities conflict with Project construction, or
violate Shell's encroachment policy, County shall make all necessary arrangement with the owners
of such facilities for their protection, relocation or removal in accordance with County policy and
procedure. The costs of such protection, relocation or removal shall be bome by Shell.
3.6 County shall require any utility owner and/or its contractors performing relocation work in
Shell's right of way to obtain Shell's permission prior to the performance of said relocation work.
Any relocated or new facilities shall be correctly shown and identified on the as-built plans referred
to in Section 1.2 of this Agreement:
3.7 This Agreement contains-no provisions that cover the discovery of hazardous materials on
any land required as right of way for the Project Any additional costs for site assessments, testing,
handling, treatment and/or disposal of hazardous material that is required to complete the Project
will not be considered as included in:the work described in this Agreement and the County shall
bear no financial responsibility whatsoever. Shell shall be solely responsible for any additional
costs due to the discovery of hazardous materials on any land owned by Shell required for the
project.
3.8 insurance
A. The contract documents for the Project shall include pro\'isions requiring the
successful bidder to: (i) obtain and maintain in full force and effect during construction of the
Project, workers' compensation, public liability and property damage insurance, in forms and limits
of liability and property damage insurance,_in forms and limits of liability satisfactory to Shell and
the County, naming Shell and the County, their goveming bodies, officers and employees as
additional insured; and (ii) provide Shell and the County with an indemnity in form and substance
satisfactory to Shell and the County.
B. The aforementioned public liability and property damage insurance policies shall
contain an endorsement that the insurance afforded thereby to the additional insured shall be
primary insurance to the full limits of the policy and shall not contribute with any other insurance
or self insurance held or maintained by the additional insured, and that, if any of the additional
insured have other insurance or self insurance against a loss covered by such policy, such
insurance or self insurance shall be excess insurance only.
C. Before beginning construction of the Improvements or any portion thereof, the
Contractor shall submit to the County a certificate of insurance evidencing the required coverage
and requiring the carrier to give at least thirty (30) days written notice to Shell and the County of
any cancellation, non-renewal or material modification of the policy. The County shall be
responsible for ensuring this requirement has been met before allowing construction work to
proceed.
3.9 Indemnification
A. Neither Shell, nor any officer, director, employee, agent or representative thereof,
shall be responsible for any damage or liability arising or occurring by reason of anything done or
omitted to be done by County, or its agents, employees, representatives or contractors, in
connection with the Project, or any work, authority or jurisdiction delegated to County under this
Agreement.
B. Pursuant to Government Code Section 895.4, County agrees to defend, indemnify
and save harmless Shell, and its officers, directors, employees, agents, and representatives from
and against any and all claims, demands, obligations, liabilities, demands, losses, costs, expenses,
suits or actions of every name, kind and-description, arising out of or in connection with (i) the
Project, including without limitation the design,.construction, use, operation or maintenance thereof,
(ii) the County's obligations, acts or omissions pursuant to this Agreement, and (iii) any work,
authority or jurisdiction delegated to County under this Agreement. The foregoing indemnity shall
include, without limitation, any injury(as defined in Government Code Section 810.8).
C. Neither County, nor any officer, employee agent or representative thereof, shall be
responsible for any damage or liability occurring by reason of anything done or omitted to be done
by Shell or it officers, directors, employees, agents or representatives under or in connection with
any work, authority or jurisdiction delegated to Shell under this Agreement.
D. Shell abrees to defend, indemnify and save harmless the County, and its officers,
12 _ _
ID-1
employees, agents and representatives, from and against any and all claims, demands, obligations,
liabilities, demands, losses, costs, expenses,.suits or actions of every name, kind and description,
including attorneys fees at trail and on appeal, arising out of or in connection.with (i) Shell's
obligations, acts or omissions under this Agreement, or (ii) any work, authority or jurisdiction
delegated to Shell under this Agreement The foregoing indemnity shall include, without limitation,
any injury (as defined in Government Code Section 810.8).
E. For all work accepted by the County the forgoing indemnities shall survive the
expiration or earlier termination of this Agreement
F. Nothing in this Agreement is intended or shall be construed to affect the legal liability
of either party to third:parties by imposing any standard of-dare.greater than that imposed by law.
3.10 This Agreement is the complete-agreement between the parties. It shall be subject to
modification only with the written consent of both parties. No alteration or variation of the terns
of this Agreement shall be valid unless made in writing and signed by the parties hereto and no
oral understanding or agreement not incorporated herein shall be binding on any of the parties
hereto.
3.11 Any term or provisions of this Agreement which is prohibited, invalid or unenforceable shall -'
be ineffective to the extent(but only to the extent) of such prohibition, invalidity or unenforceability
without invalidating or affecting any other term or provision hereof.
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3.12 Unless terminated earlier pursuant to the terms and conditions herein stated, this Agreement
shall expire upon acceptance by the County, the City of Martinez, and Southern Pacific Railroad,
of the constructed improvements and full payment of the Project to the County.
3.13 Disputes regarding the interpretation and application of this Agreement shall be resolved
in California courts according to California law.
3.14 The County shall be an independent contractor for all purposes relating to this Agreement,
and nothing herein contained shall be deemed or construed to create an agency relationship
between Shell and the County, express or implied.
COUNTY OF CONTRA COSTA RECOMMENDED FOR APPROVAL: "
J. Michael Watford, Public Works Director
By
Chairperson, Board of Supervisors
By
ATTEST: FORM APPROVED:
Phil Batchelor, Cleric of the Board of Victor J. Westman, County Counsel
Supervisors and County Administrator
By By
Deputy Deputy Counsel
SHELL OIL. COMPANY, a Delaware (?) corporation
- - _ 14
By D• 7
P. A. Masta, Superintendent-
Major Projects Organization
FORM APPROVED:
COOPER, WHITE & COOPER
By
g:l anetlShell.Agt
11/1194
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1112194
ATTACHMENT A
Item 3$ Crossing Gates at Marina Vista
Coordinate with the Southern Pacific Railroad for the design and
construction of CPUC standard No. 9a (Highway crossing signal
assembly automatic gate type with cantilever arm) at the Southern Pacific
Crossing of Marina Vista in the vicinity of the Genstar Gate.
The contract cost estimate includes removal of existing RR signals,
installation of a new CPUC Standard 9A signal, electrical modifications,
pavement cushions, misc. track improvements, signing and striping.
Item 47a Curb and Sidewalk Along Pacheco Blvd.
1. Design and construct 1300 linear feet of curb and gutter, 6.5 feet
sidewalk, and 3 - 10 feet of pavement widening including retaining;
wall along frontage of Oil Distribution center, signing, striping and
drainage facilities, along Pacheco Blvd., between Wygal Drive and
the easterly Shell property line.
Two driveway conforms at the Oil Distribution center will encroach
into the parking area and may require additional retaining walls
(not included in this estimate). Loss of parking may require
severance or the construction of additional parking elsewhere ( not
included in this estimate).
Utility relocation estimate includes only the cost to relocate three
fire hydrants and the overhead facilities.
2. Design and construct 185 linear feet of curb and gutter, 6.5 feet
sidewalk, 2 curb ramps, and 75 linear feet of 2 foot retaining wall
between Wygal Drive to Gate P-3 along Pacheco Blvd.
(Construction cost assumes work is advertised as part of larger
contract.)
3. Level depressed pavement area along curb on Pacheco Blvd. at '
creek crossing east of Howe Road. Includes pavement grinding,
striping and AC surfacing. (Construction cost assumes work is
advertised as part of larger contract.)
11/2/94
Item 47b Curb and Sidewalk Along Shell Avenue
Design and construct 700 linear feet of curb, 6.5 feet of sidewalk, with
necessary striping and signing, 8 feet of pavement widening, longitudinal
and transverse drainage facilities along west side of Shell Avenue
(frontage of former County Corporation Yard). Assumes drainage to
existing outfall, drainage release from Shell and relocation of 2 poles.
Retaining wall, if required, not included in this estimate.
Item 48 Shoulder Widening/Pedestrian Access Along Shell Avenue
1. Design and construct 4400 linear feet of 4 foot rock shoulders on
each side of Shell Avenue (except where shoulders already exist or
where sidewalk will be constructed), with any necessary
longitudinal and transverse drainage. Construction of drainage
facilities not included. Assumes no utilities to be relocated.
2. Design and construct safe pedestrian access, 8 foot parking lane,
and two 12 foot travel lanes along Shell Avenue (or along altemate
alignment) from the former County Corp Yard to Pacheco Blvd.
Includes alternative analysis to minimize impacts of additional 10
foot by 400 foot road widening and 100 linear feet of 3 foot retain
wall for sidewalks. Assumes no utilities to be relocated. (Retaining
walls which might be required at driveway conforms are not
included in this estimate.).
Item 50 Repair Damaged.Curb. Gutter and Sidewalk
Repair/replace curb, gutter, sidewalk along Pacheco Blvd., and Marina
Vista Frontage of Shell property.
Includes the sawcutting, removal and disposal of existing concrete,
preparing subgrade and construction of the estimated 800 linear feet of
curb and 750 square feet of sidewalk. Requires city of Martinez permit not
included in this estimate. (Construction cost assumes work is advertised
as part of larger contract.)
2
s
1112194
Item 57 Reconfigure the intersection of Marina Vista and Amorco Rd.
Design and construct a reconfigured intersection at Marina Vista and
Amorco Road to provide adequate truck turning radii and sight distance.
Approximately 4500 square feet of pavement will be added to widen both
Amorco Road and the north side of the Marina Vista intersectiori to -
provide for truck turning; requires removing 320 feet of curb and gutter
along Marina Vista. Widening will encroach onto SPRR right of way.
Requires city of Martinez permit not included in this estimate.
Item 58 Rebuild pavement on Marina Vista
Design and reconstruct structural section on Marina Vista between
Fairview Gate and 1680 north bound ramps. Rebuilding roadway estimate
includes excavation and replacement of existing section, installing RR
crossing pavement cushions, minor improvements to street drainage and
possible utility relocation. Will require coordination with Caltrans and
Caltrans encroachment permit Requires city of Martinez permit not
included in this estimate.
Item 59 Estimate share to reconstruct pavement section of ramps at 1680
Estimate contribution amount toward reconstruction of North and
Southbound on and off ramps at Interstate 680. Requires coordination
with CALTRANS.
Item 61 Dedicate 30 foot half width of right of way along Shell Ave and 60 feet
along Marina Vista.
Develop Right of Way maps, descriptions and any related costs of
dedication. Coordinate dedication with the City of Martinez.
Item 62 Dedicate 50 feet half Nidth of right of way along Pacheco Blvd.
Develop Right of Way maps, descriptions and any related costs of
dedication.
3
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11/2/94
Item 63 Dedicate 30 half width of right of way along Shell Ave.
Develop RW maps, descriptions and any related costs of dedication of 30
foot from Helena Ave. to the utility bridge.
Item 64 Dedicate for future width of 56 feet along Jefferson Street
Develop Right of Way maps, descriptions and any related costs of
dedication
Item 65 Dedicate 28 half width of right of way along the north side of Helena
Ave.
Develop Right of Way maps, descriptions and any related costs of
dedication.
Item 66 Install street lights on Shell Ave.
Coordinate with PG&E for the installation of street lights on Shell Ave
between Helena Ave. and the utility bridge.
Item 67 Install street lights on Pacheco Blvd.
Coordinate with PG&E for the installation of approximately 20 additional
safety streetlights on Pacheco Blvd. along Shell property at intersections
and where needed.
Item 68 Install street lights on Marina Vista
Coordinate with the City of Martinez for installation of additional r
(approximately 16) street lights and coordinate with PG&E for the
installation of the additional safety streetlights on Marina Vista along Shell
property at intersections and where needed
4
11/2/94
Although each item is estimated separately, some of the smaller items of work were
estimated based on the assumption thaf they would be designed and constructed as
part of a larger contract. This was done to reduce the cost of the smaller items.
Therefore, the estimates listed for some items require adjustment if they are designed,
advertised and constructed separately.
5
9.7
Shell Oil Products Company
P.O.Box 711
Martinez,California 94553
Tekphorw (510)313-3000
May 17, 1995
Mr. Rich Lierly
Contra Costa County Public Works Dept.
255 Glacier Drive -
Martinez CA 94553
Dear Mr. Lierly,
SUBJECT: SHELL OIL COMPANY CLEAN FUELS PROJECT DRAINAGE
IMPROVEMENTS (COUNTY FILE NUMBER 2009-92)
On behalf of Shell OR Company, in compliance with the Clean Fuels Project Land Use Permit
condition 69, the following information is being submitted.
Enclosed is an agreement, signed and notorized, which provides release and indemnification as
required by LUP condition#69:
If you have any questions regarding this information, please contact me at(510)313-3695.
Verytruly yours,
Y 1_
E.T. Swieszcz, StaffEngineer
Environmental Conservation
Martinez Manufacturing Complex
Enclosure:
cc:
Ms. Catherine Kutsuris
Contra Costa County Community Development Depart..
Administration Building, North Wing, 4th Floor
651 Pine Street-
Martinez;CA 94553-0095 r
,- •7
Richard Murray AssociatesA.S.L.A. 1000 Eiger at
Camino Aguaiito,Suite 200
Landscape Architects Monterey,CA 93M
Environmental Planners Phone.(408)646-MW
November 7, 1995
Mr. Scott Maryman _
Shell Martinez Manufacturing Complex
P.O. Box 711
Martinez, California
RE: Clean Fuels' Landscaping
Dear Scott:
This letter is intended to summarize the landscape improvements which the Shell Martinez
Manufacturing Complex has undertook as part of the Clean Fuels Project.
A master plan was prepared and submitted to the County of Contra Costa indicating the areas
where landscape improvements would enhance the visual impact of the refinery as viewed from
highway 680 as it passes the Shell property and portions of the southbound lanes of the Benicia
bridge. We then developed working drawings for these areas using 3,440 plants plus
groundcovers, grass and wildflower areas.
An initial planting of large olive trees was installed in 1994 to"start the screening efforts.
Additional plantings have been done this year from the sewer treatment ponds on the east, and
past the highway 680 southbound cloverleaf at Marina Vista Avenue. The majority of the 1,840
trees and 1,600 shrubs have now been planted with about 15% +/- of the plants left to be
installed.
The remaining work to be done next year is the area in between Lake Slobodnik and highway 680
and along the sides of the tank hill where the new spheres are located. There is a small strip
along the east side of the site next to the sewer district ponds. .'
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Please call if you have any questions or need any additional information.
Sincerely,
V.
Richard G. Murray
California Landscape Architect #1132
c.c. Asok Sengupta, Bechtel
Frank Billeci, Shell _
P.7
Shell Oil Products Company
P.O.Box 711
Martinez,Califomia 94553
TeMphom: (510)313-3000
November 3, 1995
Lewis G. Pascalli
Health Services Administrator
Contra Costa County
Department of Health Services
4333 Pacheco Blvd.
Martinez, CA 94553
Dear Mr. Pascalli:
Enclosed is a revision to the Shell MMC Hazardous Materials Business Plan under AB 2185. Please
insert this information in the appropriate sections of the full MMC document.
These changes reflect the upcoming start-up of the Cogeneration(Cogen) Plant. Please note that the
following Clean Fuels Units were previously submitted: Isom/DCH; BFWT; CWT; Flare; Flare Gas
Recovery; CGDP; Gasoline MDO; the Aqueous Ammonia Process Additives Tanks; the Pentane
Spheres, various process water tanks, and the Recovered Oil Tank. HP-3 was handled separately by Air
Products.
If you have any questions or otherwise need further information, please contact Eric Brink at(510) 313-
3786.
M. B. Leeds
Manager Health and Safety
Martinez Manufacturing Complex
I
,
9530701.DOC November 3, 1995
D-7
Shell Oil Company
Martinez Manufacturing Complex
October 12, 1995
Dear Neighbor:
DON'T BE ALARMED'. Contra Costa County's new Community Warning System sirens
will be tested in.Martinez on Tuesday, October 17 between 8:00 a.m and 1 00 p.m. You may
hear:each siren'sound several times for up to.90 seconds.
These tests will ensure that all technical features:of the new safetysirens are performing
correctly.After the initial test;the sirens will be routinely tested on the first Wednesday of each
month at 11:00 a.m be. nnin' November 1.
g
The CommunityWarning System, which is the most sophisticated in tj.he nation, will alert and
inform the public zn case of cherrucal accidents or other emergencies It will link fire depart
menu,police dispatch centers, 911 centers, the Office of Emergency<;Services, the Contra Costa
Health Department's Hazardous.Materials:Division; the medaa,;and local industry to ensure that
good information is readily available in any type of emergency:
If there were an actual emergency, the appropriate response would be to shelter m-place by
■ Going inside
■ Shutting doors and closing and locking windows
■ Turning on radio or TV for further information
■ Staying off the telephone unless there is a li threatening emergency
We thank you for your patience during these important tests if you hive questions,please call
the Community Warning system ProJ'ect Manager at 5 267.
lfl 313=5. g )
Sincerely,
Tomi.Van de Brooke
Community Relations Manager
P.S. Remember to'"'mark your calendar for the "Safety Siren Tests," October 17 and November 1.
Y
April 23, 1996
Mr. Jeff Smith, Chairman
Contra Costa County Board of Supervisors
Board Chambers- Rm. 107 Admin Bldg.
Martinez, CA. 94553-1229
Dear Board of Supervisors:
As a long term resident of Martinez, and being an Engineer, I am concerned about"Buying Off' on this
new Shell Clean Fuels Project as it has already had one explosion this February. My understanding is
that that explosion was the result of a contractor installing the incorrect pipe materials.As is common in
the industry, these projects have Quality Assurance and Quality Control Programs in place to preclude
faulty materials and construction practices. What Programs were in place, and were they followed?
The answers to these questions will provide an indicator of whether, or not, the Citizens of the County,
and City of Martinez, are in for a problem plant.
The best way to get an impartial answer is for a third party to audit the Quality Programs, evaluate
documentation of inspections and compliance, and render an opinion. I believe this should be done in
conjunction with the sign off of this project.
Sincerely,
/JF. Meade
2253 Lake Crest Court • Martinez, C4 94553 • (510)682-7621 •Fax. (510) 682-6371