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HomeMy WebLinkAboutMINUTES - 09011987 - T.4 Y e T. 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this order on September 1, 1987 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, McPeak NOES: None ABSENT: Supervisor Schroder ABSTAIN: None SUBJECT: Hearing on request for General Plan Amendment, an amendment to the County Solid Waste Management Plan, and an application for LUP-2111-86 of S. and J. Investments (applicant and owner) to establish a sanitary landfill (East Contra Costa Sanitary Landfill Project) approximately 1/2 mile south of the City of Antioch. The Board on August 18, 1987 rescheduled its hearing on the above matter to this date and time. Charles Zahn, Community Development Department, reviewed the staff ' s recommendations as set forth in its memo dated August 18 , 1987 covering both landfill site applications currently before the Board, as well as the County Planning Commission' s and the County Solid Waste Commission' s recommendations. He also called the Board' s attention to a June 11, 1987 addendum to the EIR which was previously given to the Board. Mr. Zahn commented that all three existing landfills in Contra Costa County are running out of capacity and each must cease operation for its main operation area by mid 1989. Mr. Zahn noted that staff has estimated that it would take two years after initial approvals are given to put a new landfill into operation, and that under these circumstances, only the two applications before the Board stand chances of being put into operation when Acme Fill closes. Mr. Zahn advised that a new landfill site is needed regardless of alternative means such as waste-to-energy or composting or recovery programs, stating that alternatives are waste reduction programs rather than final disposal methods and that landfills are required for all alternatives. Mr. Zahn spoke briefly on State and local requirements governing landfill operations, and advised that staff found that this landfill and the Kirker Pass landfill would both conform with State laws and would be technically suitable sites. The following jointly presented the application of S. & J. Investments: Silvio Garaventa, Jr. , applicant, reviewed the application, Carol Hehmeyer, Attorney for Applicant, showed slides and pictures of the area and the proposed landfill, Alvin Franks, Certified Engineering Geologist, described the process of determining the elevation and location of the mines on the East Bay Regional Park property and the location of the mine shafts, air vents and water level, commented on the mitigation measures in the EIR, and referred to several maps and charts of the proposed landfill site. William J. Whalen, Consultant and former Park Director for the U. S. Government, spoke of compatibility of the existing park uses 1 rT while the landfill is operating, stating the passive activities would not be diminished and suggested that the finished landfill could be a part of the park. He spoke of methane recovery procedures and about sites that have been completed and are now used for various recreational uses as part of a park. Carol Hehmeyer introduced Maurice Grieves as an international authority on mine construction, a fifth generation coal miner trained in England and Whales. Mr. Grieves showed slides to locate the placement of mine and air shafts and discussed water levels and mining practices in the area at the time the mines were in operation. Supervisor Torlakson discussed with the applicant access routes and truck capacities and inquired about willingness to provide host community mitigation. Col. Frank Boerger responded to questions directed to him and referred to the tables in the Environmental Impact Document relating to routes and capacities. Supervisor Fanden advised that she wants a detailed report on mitigation for the possible closure for the existing downtown site. The Chair then called for testimony from representatives of public agencies and the following appeared: Kenneth C. Scheidig, City Attorney for the City of Concord, announced that the City of Concord was present to support the position of the City of Antioch with respect to its opposition to this particular landfill, stating that the Council adopted a policy that landfills should not be adjacent to urbanized areas, and indicated that the Council is willing to work with the Board and cities to seek location for an appropriate landfill outside of a city. William C. Dalton, 735 Augusta Drive, Moraga 94556, described himself a civil engineer, expert on roads, highways, garbage, and structures. Mr. Dalton indicated that he is employed by Central Contra Costa Sanitary District, but is not representing the Board of Directors at this meeting, but is appearing as an individual. He stated that the Garaventa site was acceptable and satisfactory and is the only one left that is through the processing legally and that he felt it is perfectly adequate and that any engineering problem can be solved. Linda Callon of Berliner, Cohen & Biagini, attorney for the City of Antioch, the East Bay Regional Park District and the Contra Costa Water District, stated that each of these three public agencies strongly oppose the approval of a landfill at the proposed site. She listed various reasons for the opposition and referred to her letter of August 28, 1987 delineating the above agencies ' opposition to the proposed landfill project. Joel Keller, Mayor of the City of Antioch, expressed the City' s opposition to the proposed site. Bill Gaston, Attorney for the City of Antioch, showed a slide presentation of roadways and the terrain in the vicinity of the water reservoir and expressed concerns with respect to the compatibility of a landfill site and the residences, the park and the water reservoir. Linda Callon elaborated on the EIR and its purposes and implored the Board to thoroughly review the environmental document, and noted that alternative sites are lacking in the document. Tom Lindemyer, East Bay Regional Park District, discussed the EIR and the responses thereto, and suggested the document was flawed and inadequate. He stated there are conflicts with respect to access to the landfill and the park trail in the vicinity of Frederickson Lane which the District asked be addressed in detail in the EIR, which was not addressed. 2 Gil Bendix, Bendix Industries, Civil Engineer, reviewed the project and expressed his belief that it would not be an appropriate site. William Cotton, Geologist, retained as a consultant by the East Bay Regional Park District, stated that he had reviewed the Engineer' s Report used in the EIR, and outlined what he considered to be basic problems. Don Freitas, Director, Contra Costa Water District, expressed the strong opposition of the District to the proposed landfill site and declared the EIR to be inadequate. Linda Callon then spoke on the issue of the amendment to the general plan, stating it violates the open space element in that landfill is not a permitted use under open space. She advised that the site was a natural habitat of wildlife, that the noise and refuse elements would be violated, and that the land use and safety elements are out of date. She declared that the site in consideration is a terrible place for a dump, and urged the Board to deny the application. David Pensonen, General Manager of the East Bay Regional Park District, advised that his entire Board was unanimous in its position of opposition to this project. The Chair then opened the floor to individuals who wished to testify and the following appeared in opposition to the proposed site: Nora Jane Campbell, 2409 Kensington Court, Antioch. Tim Donahue, 2412 Cambridge Drive, Antioch, representing the Sierra Club - Delta Group. Wilhelmina Andrade, 1814 Geneva Lane, Antioch. John Meakin, Mayor of the City of San Ramon, appearing on behalf of the City of San Ramon and the City of Danville, advised that the Cities of Danville and San Ramon and representatives of their Planning Commissions and the San Ramon Valley Regional Planning Commission had issued a letter recommending that certain sites of those listed be found acceptable and others not be found acceptable. He advised that they recommended that the Garaventa site be found not acceptable, but that they would be glad to participate in a study of a transfer station in the San Ramon Valley. Tom Basye, Director of Engineering for Presley of Northern California, and resident of 3125 Rio Grande Drive, Antioch, objected to the site, stating that the proposed landfill site would be too close to his home, and that the Presley company is planning 631 residential units within 2 to 3 miles of the proposed site. He urged the Board to consider that the Southeast Antioch area is presently undergoing active development and many more units are planned, but not yet under construction. He suggested investigating the alternatives identified by the Task Force. Thomas Beatty, 445 Grand Oak Court, Walnut Creek, SWAT Central Coordinator, noted that there are now a majority of cities with a majority of population that are against this site and urged that the site not be approved. Michael Trokey, representing Hillcrest Homeowners Association, Antioch, declared that this is not the site and urged the Board to move ahead with selecting one of the sites suggested by the Task Force. Barbara Zivica, 3117 Westbourne Drive, Antioch, urged the Board to move ahead with one of the sites identified by the Task Force and commented that this was not the site. 3 Hochang Kurlawala, 2409 Kensington Court, Antioch, co-chair of SWAT (Solid Waste Alternatives Task Force) described site identification criteria and urged the Board to act as representatives of the people. Nathan Meeks, 3555 Beard Road, Fremont, Manager of Engineering and Development for Ponderosa Homes of Northern California, representing a coalition of nine developers, stated that the area has changed substantially since the EIR was prepared. He urged the Board to reject this project based on a totally inadequate EIR. Carol Carston, 1076 Country Club Drive, Moraga, former member of Landfill Task Force, presented a statement of suggested actions for the Board' s consideration. Tom McLaughlin, 3916 Cinnabar Street, Antioch, talked about the smell, truck noise, seagulls, safety and the need to proceed carefully in the choosing of a landfill site, commenting that in his opinion, this is the worst site. The Chair commented ( in response to questions as to why the Board was hearing this application) that it must be understood that when someone files and application, the Board must hear it. Carol Hehmeyer, attorney for the applicant, requested that the applicant be granted time to review the testimony submitted at this hearing and time to prepare its rebuttal. The Chair recommended that the hearing be continued to September 8, 1987 at 2: 00 p.m. for rebuttal by the applicant, and that written testimony on the project be accepted until 5 : 00 p.m. on September 4, 1987 . The Chair requested that the applicant be prepared to respond to as much information as it has available with respect to comments placed on the record this day, stating that the Board would like to have the benefit of the applicant' s response on or before September 8 when the Board will begin the process of deliberation. The Chair read for the record remarks by Don Deslippe, 138 Roslyn Drive, Concord, and assured him that written comments would be accepted and welcomed. IT IS BY THE BOARD ORDERED that this hearing is CONTINUED to September 8, 1987 at 2: 00 P.M. for rebuttal by the applicant, that written testimony on the project will be accepted until 5: 00 P.M. on September 4, 1987; and September 8, 1987 at 2: 30 P.M. is FIXED for decision. Supervisor Torlakson asked the applicant and staff for a report on traffic impact and impact on the park and neighborhood and to address the adequacy of the wind studies, potential of odor impact and noise impact. He inquired of the City of Antioch and the Park and Water Districts if they have a solution. i hereby certify that this is a true and eonvov eoi�V cyf an action taken and entered on the vain€sten at tho Board of Supervise on)he da a staown. ATTESTED:PHIL BATCHAOR,Clerk of the Board cc: Community Development Of��g4_evisors and County AdministyMar • 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 4