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HomeMy WebLinkAboutMINUTES - 09201988 - I.O.2 (2) S-1 , S-4, S. 8 & S.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 20 ,1988 by the following vote: AYES: NOES: Various votes - see below ABSENT: ABSTAIN: SUBJECT: Landfill and Solid Waste Management Plan and related matters. The Board having just heard and accepted the report of Rosemary Corbin, Chair of the Mayors' Conference Committee on Solid Waste Export, it thereupon discussed other items on this day' s agenda related to landfill sites. Supervisor McPeak had placed on the calendar as Item S.1 her request that the Board discuss and approve her recommendations to reactivate the CEQA hearing process on Central Landfill (Bailey Road site) , and to request the Regional. Water Quality Control Board to reconsider its decision regarding extension of Acme. Fill. Supervisor Powers had placed on the calendar as Item S. 4 his request for an update relating to the letter from the State Attorney General regarding the lack of filing of the Contra Costa County Solid Waste Management Plan. Supervisor Powers had also placed on the calendar as Item S. 8 his request to. consider amending the County General Plan and the County Solid Waste Management Plan to include the Garaventa and Kirker Pass Landfill sites, and as Item S. 9 his request for authorization to hire his own legal counsel regarding potential landfill litigation. Supervisor Torlakson commented on the complicated matters in terms of CEQA and in terms of the different agencies and different commissions with different roles and suggested that there needs to be a comprehensive look taken at the situation where all the parties and all the agencies involved come together and are convened to look at it from an overall perspective and to sort out who is going to do what in terms of leading on some of the issues and which agency' s missions or goals are going to supersede another' s. He suggested that as the Chief Law Enforcement Officer for the State, the Attorney General convene these various agencies and commissions and sort through it all and give some direction. Supervisor Fanden declared that she wanted to add a third site, the "Super Site" , because they did have an application for the Bailey Road site. She declared that she wished to state for the record that she had supported the Kirker Pass and Garvaneta sites to go on the Solid Waste Plan Management Plan. Supervisor McPeak proposed that on the item which relates to reactivating the application that was pending in December 1986, that the Board declare intent to reactivate this process, to approach the previous applicant and ask if they are intending, and will immediately, reactivate the hearing process to review CEQA, and if not, to then have the County proceed as the applicant. Supervisor McPeak further proposed that the second item of her request, that being to ask the Regional Water Quality Control Board to reconsider its denial of the expansion at Acme Fill, would not be a productive discussion at this time and it would be worth 1 having a discussion with the Attorney General and all the agencies involved. She indicated she would support Supervisor Torlakson' s suggestion to ask the Attorney General to convene the appropriate agencies. Supervisor Torlakson inquired if there is a motion for the issue of reactivating the Bailey Road site. Supervisor McPeak advised for the purpose of discussion she would move that the Board of Supervisors declare its intent to reinstate the CEQA review process for the Planning Commission on the Bailey Road application site and to inquire of the previous applicant if that applicant chooses to be the applicant of record on this process, and, if not, the County initiate further processing for consideration of a General Plan and Solid Waste Plan Amendment on that application. Supervisor Fanden seconded the motion. Board members discussed with staff in some detail the process and time frame required for the above action. Supervisor Powers stated that he didn' t have any problems supporting the Bailey Road site because he is of the opinion that the Board needs to have more than one option. He suggested putting the Kirker Pass and Garaventa sites on the General Plan and the Solid Waste Management Plan to vote on as soon as possible. Fred Caploe, Attorney for the City of Pittsburg, advised that the City of Pittsburg will do everything possible to protect its quality of life. He advised that in his opinion the General Plan of the County is still outdated. Supervisor Torlakson called for a vote on the motion for the Board to declare its intent to reinstate the CEQA review process for the Planning Commission on the Bailey Road application site and to inquire of the previous applicant if that applicant chooses to be the applicant of record on this process, and, if not, the County initiate further processing of General Plan and Solid Waste Plan Amendments on that application site. The vote on the motion was as follows: AYES: Supervisor Powers, Fanden and McPeak NOES: Supervisor Torlakson ABSENT: Supervisor . Schroder Supervisor Torlakson moved to request the Attorney General to convene a meeting with the appropriate agencies to sort through the issues of the County' s Solid Waste Plan as well as the issues related to the Acme expansion, and to delay taking any separate action to approach the Regional Water Quality Control Board until after that meeting. Supervisor Powers moved to amend the motion to include. putting on the agenda within two weeks the two Solid Waste Plan and General Plan amendments for the two sites. Supervisor Fanden seconded the amendment. Supervisor Torlakson advised that he preferred to have the issues separated. Board members discussed the various issues, including reserve sites, tentative sites, whether to agenda amendments to the General Plan as well as amendments to the Solid Waste Management Plan, what the State is looking for in terms of progress, and what should first be discussed at the meeting to be called by the Attorney General. Supervisor Fanden advised that she was willing to make the same motion today that she made in August, that an ,item be placed on 2 next week' s agenda to approve amending the Solid Waste Plan to include the four reserve sites listed on the ballot and also include Kirker Pass. Supervisor McPeak advised she would second that amendment to the motion on the floor. Supervisor Powers advised that there are only two sites that can qualify as reserve sites, Kirker Pass and Garaventa. Board members discussed with staff the requirements for giving notice for the various actions discussed and determined that the amendment to the Solid Waste Plan could not be heard before September 27 , 1988. Jonathan Cohen, Attorney for Land Waste Management, commented that without noticing the General Plan amendments for Kirker Pass and Garaventa, there is no way that the County could designate those reserve sites because the statute requires that there be consistency with the General Plan. He urged the Board to go ahead and process the General Plan Amendments and the Solid Waste Plan Amendments and proceed on that basis. Supervisor Torlakson, as Chair, called for a vote on the amended motion which he restated as follows: That the Attorney General be requested to convene a meeting with the appropriate agencies to sort through the issues of the County' s Solid Waste Plan as well as the issues related to the Acme expansion, and to delay taking any separate action. to approach the Regional Water Quality Control Board until after that meeting; and to place on the September 27, 1988 agenda for approval .as reserve sites in the Solid Waste Management Plan the four sites listed on the ballot and to also include the Kirker Pass site. Supervisor Powers commented that he thought part of the motion was to include renoticing the General Plan Amendments for the Kirker Pass and Garaventa sites. Board members again discussed the process for amending the Solid Waste Management Plan as well as the General Plan, and the noticing requirements for each. Supervisor McPeak urged that the Board approve the motion on the floor at this time as a step forward in the process. The vote on the motion was as follows: AYES: Supervisors Powers, Fanden, McPeak and Torlakson NOES: None ABSENT: Supervisor Schroder Supervisor Powers then moved to give notice for hearing the General Plan Amendments for the Kirker Pass and Garaventa sites in two weeks. The motion was seconded by Supervisor Fanden. The vote on the motion was as follows: AYES: Supervisors Powers and Fanden NOES: Supervisors McPeak and Torlakson ABSENT: Supervisor Schroder The motion failed to carry. Supervisor Powers requested that County Counsel look into providing the names of counsel that individual board members might use to represent them individually in the event of litigation. 3 Supervisor Fanden requested that the tapes to today' s meeting not be destroyed. She stated she would like to have a copy made available for her. She also requested staff to see if Televents had the tapes of the public hearings available. Supervisor Torlakson declared that by Board direction, as requested by Supervisor Fanden, that any tapes of meetings relating to the landfills and solid waste issues that are not now destroyed or erased should be saved. I hereby certtfp tftFt fi'!'s 's a true '2nd correct copy of an action tZ ca c,.�, .:^.er�d on tine :rinules 01 the Board of 5uPL'Tf r :.il itte d : ATTESTED' PHIL RATv .ct Grp,Clari:of tho board of Supervisors and County Administrator By cc: Community Development County Couns.e.l County Adnitni's-trator 4