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HomeMy WebLinkAboutMINUTES - 07281987 - 2.3 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on _ July 28, 1987 by the following vote:` AYES: NOES: (See Below) ABSENT: ABSTAIN: ------------------------------------------------------------------ ------------------------------------------------------------------ SUBJECT: Final Report of the Landfill Siting Task Force, Request of Delta Diablo Sanitation District Relating to marsh Creek Landfill Site, and Request for Proposals for Landfill Applications On July 21, 1987, the Board accepted the final report of the Landfill Siting Task Force and fixed this day to consider the recommendations of the Task Force. The Board also considered the following recommendations as submitted by Supervisor McPeak: 1. Accept the Landfill Siting Task Force ranking of sites and adopt the relative ranking as the listing of priori- ty preferences for landfill sites in Contra Costa County; 2. Adopt the recommendations of the Landfill Siting Task Force, including: (a) immediately communicating with LAFCO to protect the three top ranked sites; and (b) directing the Community Development Department to schedule public hearings in each region of the County; 3 . Declare the interest of the Board of Supervisors in further exploring the feasibility of the top three sites as alternative to the privately proposed sites; and 4. Authorize the County Administrator' s Office to issue a "Request for Proposals" to seek statement of interest from public and private entities to joint venture with the county the development of one or more of the top three sites. RFP' s should be sent to all cities, sanitation districts, garbage companies and prospective private landfill operators/owners. In its discussion, the Board agreed to consider Recommenda- tions Nos. 1, 3 , and 4. Supervisor Robert Schroder stated that he could not accept the rankings recommended by the Task Force. He expressed his belief that the entire list should be considered in any request for proposals for development of landfills. He advised that he would only accept the report of the Landfill Siting Task Force which would not include endorsing the ranking of landfill sites. Supervisor Tom Torlakson stated that he supported Supervisor Schroder ' s approach in considering all sites reviewed by the Task Force. Supervisor Nancy C. Fanden stated that she would be unwilling to seek, at the present time, private-public partnerships on any of the backup sites until she has a report from the County Administra- tor about liability, cost-sharing and other matters. The Chair called for a vote on the motion on Recommendations Nos. 1, 3 , and 4, as amended to accept the report of the Task Force excluding the endorsement of the ranking of the sites (Recommendation No. 1) ; the consideration of all sites as opposed to limiting interest to the top three sites (Recommendation No. 3) ; l and requesting the County Administrator to prepare a request for proposals and bring the request for proposal document back for Board review prior to being distributed (Recommendation No. 4) . The vote on the motion was as follows: AYES: Supervisors Powers, Schroder, Torlakson, McPeak NOES: None ABSTAIN: Supervisor Fanden The Board then considered Recommendation No. 2. Supervisor Tom Powers proposed that the Board should request that LAFCO protect all landfill sites noted in the Task Force report, including the two pending private applications. Supervisor Schroder stated that he felt that the landfill sites should be protected only for a certain time period until some action is taken, but not as long as it takes to get the site in operation. He suggested that the sites be protected until the evaluation is made by the Board and a site is selected. Supervisor Torlakson stated his intention to vote against the motion because he felt that LAFCO may not have the authority to do this and that the best way to protect the sites is to have applicants purchase the land and start the permitting process. Supervisor Fanden stated she will be abstaining from voting for the same reasons as Supervisor Torlakson, and also because she is an officer of LAFCO and will be voting on the issue later. The Chair called for a vote on the motion to communicate to LAFCO not to allow urbanization of any of the sites until a land- fill site has been selected and approved by the Board of Supervisors. The vote on the motion was as follows: AYES: Supervisors Powers, Schroder, McPeak NOES: Supervisor Torlakson ABSTAIN: Supervisor Fanden Supervisor McPeak suggested that the Community Development Department schedule public meetings in each region of the County to discuss the Task Force Report. Supervisor Fanden stated that she feels that it would be more efficient to have one meeting place rather than holding meetings throughout the County, based on the experience of the Task Force meetings. The Chair called for a vote on the motion to direct the Community Development Department to schedule public meetings in each area of the County to discuss the Landfill Task Force report. The vote on the motion was as follows: AYES: Supervisors Powers, Schroder, Torlakson, McPeak NOES: Supervisor Fanden ABSTAIN• None Supervisor Torlakson introduced Ronald Tsugita, General Manager of the Delta Disblo Sanitation District, to present the District' s proposal to the Board for seeking approval to develop the Marsh Creek site as a landfill. Mr. Tsugita stated that the District would like to receive the consent of the Board to purchase and designate as a landfill the area of Marsh Creek. He stated that the District cannot acquire land within the unincorporated area of the County until the Board of Supervisors has by resolution consented to use of the proposed site for that purpose. Supervisor Powers stated that before he could make any deci- sion on the issue, he would like consultation from County Counsel as to how CEQA needs to be complied with and any other legal re- quirements that are needed. Vic Westman, County Counsel, referred to a provision in the Health and Safety Code and Sanitation District Law and stated that the District may not actually purchase the site or operate a site in the unincorporated area without the consent of the Board of Supervisors. Mr Tsugita, in response to a question of Supervisor Fanden concerning usage of District funds for landfill purposes, stated that they have over $20 million in reserves, of which $10 million could be used for landfill related purposed. Supervisor Powers moved that this matter be referred to County Counsel to respond to questions that the Board members asked concerning the CEQA and legal implications of Delta Diablo request that the Board approve for purchase or option a landfill site. The Chair called for a vote on the motion to refer the matter to County Counsel for report next weed. The vote was as follows: AYES: Supervisors Powers, Schroder, Torlakson, Fanden, McPeak NOES: None I hereby certify fiat this is a true and co;mct copy of ABSTAIN: None an action taken and entered on the mi:;U, of the Board of Supervisors on the date shown. ATTESTED: e- � /r1�'7 PHIL BA CHir CFt, Cleric of th'. Board of Supervisors and County Adr:inistrator By � � ��,�- , Deputy cc: Community Development Director County Administrator County Counsel LAFCO