HomeMy WebLinkAboutMINUTES - 09191989 - T.3 T. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 19, 1989 by the following vote:
AYES: See votes below
NOES:
ABSENT:
ABSTAIN:
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SUBJECT: Hearing on Five General Plan Amendments Associated With
the 1989 Revision Of The County's Solid Waste Management
Plan.
This being the time heretofore noticed by the Clerk of the Board
of .Supervisors for hearing on the five proposed amendments to the
County General Plan for East Contra Costa Sanitary Landfill site,
Keller Canyon Landfill site, Marsh Canyon Sanitary Landfill site,
Kirker Pass Waste management Landfill site, and Bay Pointe Sanitary
Landfill site.
Harvey Bragdon, Community Development Director, presented the
staff report on the five proposed amendments to the County General
Plan showing proposed landfill sites. He commented on the hearings
before. the Planning Commission on this subject and their
recommendations. He presented the staff recommendation to reaffirm
the certification of the Environmental Impact Report prepared for the
solid waste management plan and/or the five General Plan Amendments
before the Board today and certify that the Board has reviewed the
document in coming to a determination today. Mr. Bragdon urged the
Board to declare its intention to adopt all five General Plan
Amendments, indicate the Board' s intention to initiate further General
Plan Amendments the next time the Solid Waste Plan is before the Board
for amendment and delete sites that do not make it through the
process. He also requested that the Board at the end of the hearing
direct staff to prepare an appropriate resolution and attachments
implementing the actions today. He then presented the recommendations
of the Planning Commission.
Sara Hoffman, Community Development Department, presented a video
on the landfill.
Charles Zahn, Community Development. Department, commented on the
five policy. level actions before the Board today which would serve to
set the stage for particular landfill locations. He spoke on the
purpose of the General Plan Amendments before the Board for
consideration today, including the need for reserve sites. He also
commented on each of the sites relative to the changes on the maps
associated with these General Plan amendments. Mr. Zahn commented on
the proposed sunset clause relative to sites that do not materialize
as projects being removed when the periodic review of the Solid Waste
Management Plan arises, and recommended that the landfill site
amendments be consolidated so that there is one amendment to the
County General Plan so that the Board would have at least two more
opportunities this year to process amendments to the County General
Plan.
The following persons appeared to speak:
John Stremel, representing the applicant for the Bay Pointe
Landfill site.
Mike McCabe, 1320 Willow Pass Road, Concord, representing the
applicants for the East Contra Costa Landfill site.
Jill Shapiro, CH2M, 6.425 Christie Avenue, Emeryville,
representing the applicant for the Keller Canyon Landfill site.
Tom Stewart, 560 Railroad Avenue #204, Hercules, representing
Land Waste Management, proponent,. Kirker Pass Landfill site.
John Rowden, 1801 Oakland Boulevard, Walnut Creek, representing
the applicants for Marsh Canyon Landfill site.
Barbara Price, P.O. Box 130 , Antioch, City Council Member,
representing the City of Antioch, spoke in opposition to the East
Contra Costa Landfill site.
Larry Klose, Ten Almaden Boulevard, San Jose, Berliner, Cohen and
Biagini, representing the City of Antioch and the East Bay Regional
Parks District spoke in opposition to the East Contra Costa Landfill
site General Plan Amendment.
Richard Loewke, Planning Consultant, 3478 Buskirk, Suite 130,
Pleasant Hill, representing the City of Antioch and local
homebuilders, spoke in opposition to the East Contra Costa Landfill
site.
Alan Lee, Pittsburg/Antioch BART Extension Planner, 20 Valley
Circle, Mill Valley, representing BART., spoke on the Keller site and
the Kirker Pass site.
Roy Hawes, Vice-Mayor and City Councilperson, City of Clayton,
spoke in favor of all five General Plan Amendments.
Dennis Pisila, 1331 Concord Avenue, Concord representing the
Contra Costa Water District, spoke on a resolution adopted by the
Water District on August 30, 1989 opposing all five of the landfill
sites that are proposed for this General Plan Amendment.
Gerry Kent, 11500 Skyline Boulevard, Oakland, Assistant General
Manager, East Bay Regional Parks, spoke on a resolution opposing the
Garaventa site and a resolution of extreme concern regarding the
proposed Marsh Canyon Landfill site.
Tom Lindenmeyer, 11500 Skyline Boulevard, Oakland, Environmental
Specialist, East Bay Regional Park District, spoke in opposition to
the East Contra Costa Sanitary Landfill site and on the lack of
environmental impact information which the Board needs in order to
judge whether or not the East Contra Costa Sanitary Landfill site is
suitable for designation as a landfill in the General Plan.
William Cotton, 11500 Skyline Boulevard, Oakland, Geotechnical
Consultant, East Bay Regional Park District, presented information on
environmental impacts relative to the East Contra Costa Sanitary
Landfill site.
Mary Williams, 13950 Marsh Creek Road, Clayton, Marsh Creek
Association, expressed concerns relative to the Marsh Canyon site, and
presented a petition from residents of Clayton Regency Mobile Home
Park and referred to a letter from the Marsh Creek Homeowners
Association.
David Tam, 6014 College Avenue, Oakland, representing the Sierra
Club, spoke on issues including the Solid Waste Management Plan,
recommendations .to the various cities on the County Solid Waste
Management Plan and he commented on the General Plan as a vision and
that Marsh Canyon should not receive a General Plan Amendment.
Supervisor Torlakson advised of a letter from A.B. McNabney, Mt.
Diablo Audubon Society, and referred it to staff to research.
Don Seperovich, 16800 Marsh Creek Road, Clayton, representing
Marsh Creek Association, requested that the Board approve all five
General Plan Amendments.
Supervisor Torlakson presented a letter from Little & Saputo,
raising certain questions about his role on Delta Diablo and he
referred the . letter to County Counsel.
Nancy Parent, 2020 Railroad Avenue, Pittsburg, representing the
City of Pittsburg, spoke in opposition to the Keller Landfill site and
the Bay Pointe Landfill site and she commented on problems with the
four proposed landfill sites surrounding the City of Pittsburg.
Tony Donato, 2020 Railroad Avenue, Pittsburg, representing the
City of Pittsburg, presented a video and commented on four of the
proposed landfill sites surrounding Pittsburg.
Ron Currie, 2020 Railroad Avenue, Pittsburg, representing the
City of Pittsburg, spoke in opposition to the Kirker Pass Landfill
site, and on the Keller Landfill site, and commented on issues
including the cost of transporting garbage, traffic, wind, seagulls,
problems with various roads and rainwater and drainage problems.
Dr. C. Michael Hogan, Earth Metrics, 2855 Campus Drive, San
Mateo, representing the City of Pittsburg, referred to written
material he had presented and spoke on the Keller, Bay Pointe, and
Kirker Pass sites.
Dan Parker, 6363 Christie #1507, Emeryville, Parker and
Associates, representing the City of Pittsburg, commented on the photo
montages on the wall.
Theodore V. Tronoff, 560 Pine Street, San Francisco, Civil
Engineer, representing the City of Pittsburg, spoke on the Keller site
and the Kirker Pass site.
Fred Caploe, 2530 Arnold Drive, Suite 360, Martinez, representing
the City of Pittsburg, distributed additional material on major land
use hazards prepared by Dan Parker and spoke on the Keller site, Bay
Pointe and the Kirker Pass site.
Mayor Parent spoke on the acceptability of the Marsh Canyon site.
The fallowing persons spoke on the Keller site:
Jose M. Lopez , 83 Dolphin Drive, Pittsburg, in opposition to the
Keller site and also in opposition to the Kirker and Bay Pointe sites.
Jim Anderson, 2227 Montivideo Drive, Pittsburg, Co-Chairman of
Citizens United, in opposition and spoke in favor of the Marsh Canyon
site.
Jim Hicks, 2229 Oak Hills Drive, Pittsburg, in opposition to
Keller and also in opposition to Kirker Pass and the Garaventa sites.
Richard LaValley, 21 Dolphin Drive, Pittsburg, Citizens United
and Willow Landing Homeowners Development, in opposition to Keller and
also in opposition to the Kirker Pass site.
John Hawthorne, 2241 Westwood Lane, Pittsburg, commented on the
wind problems and the Keller site.
Robert Hussey, 2262 Jacqueline Drive, Pittsburg, requested
rejection of the Keller site.
Carol Harris, 910 Rosewood Court, Pittsburg (card read into the
record) , in opposition to the Keller site.
Henry Alker, 2010 Railroad Avenue, Pittsburg Chamber of Commerce,
spoke in opposition on Keller and Kirker sites.
The following persons spoke on the Marsh Canyon site:
Daniel Morrow, 16711 Marsh Creek Road #67 , Clayton, Clayton
Regency Residents Association, in opposition, and he also presented a
letter from another resident in opposition.
Wilbert (Wil) E. Cossel, 16711 Marsh Creek Road #134, Clayton,
Clayton Regency Mobile Home Park, in opposition.
Claudia Macdonald, 1152 Beach Court, Byron, representing
Discovery Bay Property Owners Association and in conjunction with the
Marsh Creek Association, spoke in opposition to. Marsh Canyon and in
favor of Keller or Bay Pointe and she requested the approval of all
five sites in the General Plan Amendment.
Cheryl Macdonald, 1325 Shell Court, Discovery Bay, representing
the Discovery Bay Property Owners Association, in opposition to Marsh
Canyon and requested inclusion of all five sites.
Darrell Bolognesi, 260 California Street, Suite 501, San
Francisco, representing the S.H. Cowell Foundation, expressed concerns
with the Marsh Canyon site.
Tim Donahue, 2412 Cambridge Drive, Antioch, in opposition to East
Contra Costa Sanitary Landfill site, and Kirker Pass Landfill site.
The following people spoke in rebuttal.
John Stremel, Bay Pointe site.
Mike McCabe, East Contra Costa Sanitary Landfill site.
Jill Shapiro, Keller Canyon site.
Tom Stewart, Kirker Pass site.
John Rowden, Marsh Canyon site.
The public hearing was closed.
Charles Zahn reiterated the staff recommendation that the Board
declare its intent to approve all five General Plan amendments and
direct staff to return with the appropriate documentation, and that
the Board declare its intent to initiate General Plan Amendments for
any sites added later.
Supervisor McPeak questioned staff relative to conditioning
General Plan amendments.
Victor Westman, County Counsel, responded to Supervisor McPeak' s
question. .
The Board discussed the issues.
Supervisor Powers moved to approve the staff recommendations on
all five sites instructing staff to prepare the appropriate findings.
Supervisor Fanden seconded the motion.
Supervisor Torlakson indicated he could not support the motion as
it is currently constructed.
Supervisor McPeak moved an amendment to the motion regarding the
access to the Kirker Pass site.
Supervisor Torlakson seconded the amendment to the motion.
The Board discussed the amendment.
The vote on the amendment was as follows:
AYES: Supervisors McPeak and Torlakson
NOES: Supervisors Powers, Fanden and Schroder
ABSENT: None
ABSTAIN: None
The amendment to the main motion failed.
Supervisor Schroder clarified his reason based on an opinion from
Legislative Counsel for his participation in the vote on the General
Plan Amendments.
The vote on the main motion was as follows:
AYES: Supervisors Powers, Fanden, McPeak and Schroder
NOES: Supervisor Torlakson
Therefore, IT IS BY THE BOARD ORDERED that the Board of
Supervisors hereby DECLARES its intent to reaffirm the Board' s August
15, 1989 certification of the Final Environmental Impact Report (EIR)
for the Contra Costa County Solid Waste Management Plan/General Plan
Amendments as being adequate and having been completed in compliance
with the California Environmental Quality Act, and to affirm that the
Board intended its certification of the Final EIR to apply to the five
proposed landfill site General Plan Amendments as well as to the 1989
revision of the County Solid Waste Management Plan (CoSWMP) ; DECLARES
its intent to certify that the Board has reviewed and considered the
Final EIR for the Contra Costa County Solid Waste Management
Plan/General Plan Amendments in connection with the Board' s
consideration of the five proposed landfill site General Plan
Amendments; DECLARES its intent to adopt the landfill site General
Plan Amendments for Keller Canyon Landfill, Marsh Canyon Sanitary
Landfill, Kirker Pass Waste Management Landfill, East Contra Costa
Sanitary Landfill and Bay Pointe Sanitary Landfill; DECLARES its
intent to initiate General Plan Amendments at the time of the next
CoSWMP updating to remove from the County General Plan landfill sites
which have not had subsequent project approvals; and staff is DIRECTED
to prepare the appropriate documentation implementing the above
recommendations for Board consideration on the October 3 , 1989
Determination Calendar.
I thereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervi ors n Jheate shown.
ATTESTED: o I
PHIL BAT ELOR.Clerk of the Board
Orig. Dept. : Clerk of the Boarduperviso and County dministrator
cc: County Counselce
Community Development Dept. By .Deputy