HomeMy WebLinkAboutMINUTES - 08181987 - T.7 T. 7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on August 18, 1987 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, Torlakson, McPeak
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Hearing on the proposed Kirker Pass Waste Management
Landfill, Sid Corrie, Jr. , dba Land Waste Management
(applicant) and Tom Gentry California Company, et al
(owners) .
This being the time fixed for hearing the following:
1. Proposed General Plan Amendment for the Kirker Pass Waste
Management Landfill site as recommended by the County Planning
Commission, said site consisting of approximately 480 acres generally
described as the southwest, southeast and northeast quarters of
Section 36, T2N, R1W, MDBM, adjoining Kirker Pass Road between the
cities of Concord and Pittsburg; approximately 90 acres to be used for
the landfill, about 230 acres for road, visual buffering and other
appurtenances, and the residual to remain open space.
2. Proposed cancellation of Agricultural Preserve Contract No.
3-75 which would facilitate rezoning and allow the landfill Land Use
Permit to be considered for approval.
3 . Rezoning Application 2683-RZ for the Kirker Pass Waste
Management Landfill site from A-4 to A-3 to enable the sanitary
landfill to be established by a special Land Use Permit.
4. Application for Land Use Permit No. 2079-86.
5. Proposed amendment to the County Solid Waste Management Plan.
In connection with the above, the Board will consider concurring
with the County Planning Commission' s certification of the project' s
Environmental Impact Report as being adequate.
Charles Zahn, Community Development Department, described the
proposed project, the recommendation of the County Planning Commission
and the recommendations of staff.
Paul Kilkenny, Community Development Department, reviewed the
need for landfill capacity and some of the facets of the proposal
before the Board, including identification of proposed host mitigation
measures, transfer stations, access roads, litter, closure plans, EIR
controls, and compliance with the Solid Waste Management Plan.
Chair McPeak commented on the time frame for closing Acme Fill
and on the need for a landfill site to serve Contra Costa County and
the need to integrate that with the Solid Waste Management Plan.
Tom Stewart, Project Coordinator for Land Waste Management,
Applicant, P.O. Box 799, Alamo 94507, described the proposed project
and the process the application has gone through to date. He stated
that when the site was purchased some four years ago the then current
Solid Waste Management Plan solicited the private sector to
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participate in the development of landfill sites. He filed a document
which he described as discussing the site characteristics and
location. He introduced his consultants and attorney, as follows:
Dr. Patrick Lucia, Woodward Clyde Consultants, Walnut Creek,
discussed among other items, geology, hydrology, water well capacity,
landfill at the site, visual impact, earthquake studies, rock fill
drain, sedimentation basin and other requirements.
Karen Spinardi, Bissell & Karn, San Leandro, consulting
engineers, explained the proposed considerations for air quality,
traffic and transportation, and visual quality. Ms. Spinardi showed
slides to support her position on traffic and transportation.
The Chair declared the public hearing open and the following
persons appeared to give testimony in opposition to the proposal:
Ron Currie, Mayor of the City of Pittsburg;
Anthony Donato, Pittsburg City Manager;
Roy Hawes, Councilman for the City of Clayton;
C. Michael Hogan, Earth Metrics Incorporated, 859 Cowan Road,
Burlingame 94010, consultant for the City of Pittsburg, who filed a
report prepared for the City of Pittsburg under the subject "Air
Dispersal Test Results from Near the Proposed Kirker Pass Landfill
Site (Earth Metrics file reference 9842 .A6) " ;
Theodore Tronoff, Tronoff & Associates, 345 Park Plaza Drive,
Daly City 94015, consultant for the City of Pittsburg, who filed a
paper entitled: "Summary Comments on Kirker Pass Waste Management
Landfill Project Land Use Permit" ;
Fred Caploe, P.O. Box 698, Benicia 94510, special counsel for the
City of Pittsburg, who filed a letter, with appendices, which he
stated transmitted the "entire record" in this matter. Attorney
Caploe requested that the several charts and pictorials presented by
the City of Pittsburg' s consultants placed around the Board room also
be entered into the record, stating that reduced copies would be
submitted later. He also submitted a letter from the Attorney General
on the subject of the County' s General Plan.
At 6: 20 p.m. , the Board recessed for dinner.
At 7: 00 p.m. , the Board reconvened the above hearing.
Supervisor Schroder submitted for the record a report, dated
August 13 , 1987, from the San Ramon Valley Landfill Siting Task Force
setting forth its recommendations on acceptable landfill sites.
The Chair announced that she would continue taking testimony from
the cities, districts and organized groups, and following that from
private citizens. The following appeared to give testimony with
respect to the proposed application:
Shawn Guinn, Brentwood City Council member, stating that the City
of Brentwood had not taken a formal position on any landfill site;
Connie Jackson, Executive Secretary, West Contra Costa Solid
Waste Management Authority, announced that it is not the Authority' s
purpose to recommend any particular site, but it strongly urges
expeditious processing of project applications and opposes any action
which would circumvent this process, and urged consideration of
privately-owned sites.
The following persons appeared in opposition to the proposed
project:
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Henry Alker, Vice President, Pittsburg Chamber of Commerce,
presented a list of 84 businesses who feel they would be adversely
affected by the approval of the Kirker Pass site;
Millie Lopez, 1367 Yosemite Circle, Concord, Vice President,
Board of Directors of the Concord Pavilion Associates, read remarks
prepared by Ken Johnson, President of the Concord Pavilion Associates,
in opposition to the proposed landfill site;
Lee Shuff, 2890 Ryan Road, Concord, President of the Concord
Chamber of Commerce;
Kendall A. Layne, Real Estate Attorney, 1953 Cardiff Drive,
Pittsburg, Director/Treasurer, Stone Harbour Homeowners Association;
Tom LaFleur, 41 Lake Street, Pittsburg, Executive Vice President
of PEHDC;
Linda Matsuda, 43 Kingwood, Pittsburg, President of Woodland
Hills Neighborhood Association;
Doris Bedford, 3105 Railroad Avenue, Pittsburg, Chairman,
Pittsburg Planning Commission; President, Eastern Contra Costa Board
of Realtors; and business owner on Railroad Avenue;
Austin Nelson, Chief Engineer, Contra Costa Water District,
expressed concern that the concrete might leak and allow water to flow
down the creek towards the District' s canal and percolate into the
ground water. He urged that the Board consider the wisdom of
approving the application, but that if it did, that it require most
stringent controls to avoid contaminating the water source;
Barbara Price, Councilmember, City of Antioch;
Cindy Zsenai, 1835 Yolanda Circle, Clayton, of the Clayton Valley
Forum, filed a copy of the August 1987 issue of the Clayton Valley
Forum, and a packet of letters addressed to the Board of Supervisors
and mailed to the Clayton Valley Forum, all of them opposing the
proposed Kirker Pass Landfill Site;
Alfred Affinito, 2980 Railroad Avenue, Pittsburg, advised he was
speaking for Mr. and Mrs. Berg and Mr. and Mrs. Thomas, as well as
himself, in opposition to the project;
Wilfred Schmedes, 4350 Hillview Drive, Pittsburg;
Barbara Newman, 1457 Rhode Island Court, Concord 94521;
Doris Marliave, 67 Grandview Place, Walnut Creek;
Duane Beddoes, 20 Fairway Court, Pittsburg;
Richard J. Tine for Mark Morgan, Senior Vice President, Gibraltar
Community Builders, Stockton, owners of large apartment buildings one
mile from the site;
Peter Cresson, 25742 Fairview Avenue, Hayward 94542, appeared in
opposition, and expressed concern about disposal of household
chemicals;
Greg Almand, 60 Laguna Circle, Pittsburg, Boy Scout Troop 48, and
Principal of Marina High School, Pittsburg;
Tim Donahue, representing SWAT, and an alternate member to the
County Landfill Siting Task Force, filed a packet of petitions in
opposition to both the Kirker Pass proposal and the East County
Landfill site;
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Roger Tumbaga, President, Kiwanis International Club of
Pittsburg;
Hoshang Kurlawalla, 2409 Kensington Court, Antioch 94509;
Nancy Parent,-' Attorney at Law, 3024 Railroad Avenue, Pittsburg;
Henry Alker, President of Southland and Commerce Company,
requested technical information on land slides during rainy period and
traffic mitigation studies;
Mark Wright, 50 Sea Point Way, Pittsburg.
The Chair announced that the following persons had indicated they
do not wish to speak, but would like their comments entered into the
testimony for this hearing:
Karen Diridoni, 3841 Chatworth, Pittsburg, representing the
Pittsburg Board of Education;
David Eydan, 3104 Brook Court, Antioch;
Gloria Thomas, 5755 Nortonville Road, Pittsburg;
Thomas & Mindee Spear, 2111 Kirker Pass Road, Concord 94521;
Robert and Eunice M. Rivera, 5474 Anselmo Court, Concord;
James and Dorothy Gauld, 3948 Cottonwood Drive, Concord, members
of Pavilion Associates;
Jon Moore, 18 Kingswood, Pittsburg, member of Pavilion Associates
and Woodland Hills Neighborhood Association;
Archie McFaul, 3837 Railroad Avenue, Pittsburg, business owner on
Railroad Avenue;
Ron Mullen, Mayor of the City of Concord, appeared and submitted
a packet of letters for the file and made a presentation from the City
of Concord in opposition to the proposed project.
No one else desiring to speak, the Chair called on the applicant
for rebuttal.
Jonathon Cohen, Attorney for the applicant, requested more time
to prepare rebuttal to the comments and testimony just heard and
establishing a cut-off date for submission of written testimony prior
to the time for rebuttal.
Board members discussed the process for receiving additional
written testimony and time for rebuttal.
Good cause appearing therefore, IT IS BY THE BOARD ORDERED THAT
this matter is continued to September 8, 1987 at 2: 00 p.m. for
rebuttal by the applicant, and the Board will accept written testimony
on the project until 5: 00 p.m. on August 31, 1987 .
IT IS FURTHER ORDERED that staff is DIRECTED to prepare for the
Board a report on issues raised during the testimony today, including:
1. Review of the discrepancy in the reported number of trips and
an analysis of the type of trucks that will be used.
2. A review of the noise issues.
3. A recap by staff and the applicant of any wind studies.
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4. A review of traffic impacts, not just at peak hours, but at
various times during the day, and the effect that restriction of
vehicle size might have on traffic impacts.
5. Proposed handling and disposal of household hazardous wastes.
6. The possibility of controlling the sea gull problem.
7. The ability of a local jurisdiction to impose restrictions on
street use, including tonnage and time of use.
8. The Board' s ability to impose on a community conditions
requiring recycling and other kinds of waste reduction programs prior
to authorizing use of a landfill.
9. A review of host community mitigation measures in terms of
road maintenance costs.
IT IS FURTHER ORDERED THAT. County Counsel is requested to review
CEQA questions raised with respect to future expansion of the proposed
landfill project.
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an action taken and entered on the minutes of thO
Board of Ssaes "Isors n the date sea®gin.
ATTESTED:
f�i41L a�4� i C3 , G!e^9:at the
Board
of Supervisors and County Administrator
cc: Community Development „�j ., Cd----.. Deput
County Counsel
County Administrator
Board of Supervisors Members
Attorney for Kirker Pass Application
Attorney for East Contra Costa Landfill Application
Attorney for City of Antioch, EBRPD, and CC Water Dist.
Attorney for City of Pittsburg
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