HomeMy WebLinkAboutMINUTES - 09201994 - 1.58 1.57 through 1.63
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on September 20, 1994, by the following vote:
AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None
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SUBJECT: CORRESPONDENCE
Item No.
1.57 LETTER dated August 29, 1994,from M.L. Cohen,M.D.,President,Alameda-Contra Costa
Medical Association, P.O. Box 2895, Oakland 94618, offering to assist in developing a
cooperative arrangement between the County and the local medical community which would
enhance access to the County health system while utilizing health care resources in the
community.
***REFERRED TO HEALTH SERVICES DIRECTOR
1.58 LETTER dated September 6, 1994, from L. J. Dow, Vice Chair, Citizens United, 2232
Concord,.Drive,Pittsburg 94565,requesting the Board to enforce the Condition of Approval
No. 11.1 of Land Use Permit 2020-89 issued to the Keller Canyon Landfill Company.
***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR AND COUNTY
ADMINISTRATOR to report to the Board on September 27, 1994, the letter from
Citizens United, requesting the Board to enforce the Condition of Approval No. 11.1
of Land Use Permit 2020-89 issued to the Keller Canyon Landfill Company.
1.59 LETTER dated September 7, 1994, from the Coalition for a Healthy California, 5770
Wilshire Boulevard, Suite 561, Los Angeles 90036, urging the Board to adopt a resolution
in opposition of Proposition 188, the California Uniform Tobacco Control Act, on the
November 8, 1994, Ballot. (CONSIDER WITH AGENDA ITEM NO. S.1)
1.60 LETTER dated August 25, 1994,from Frances Wage,3142 Sheffield Place, Concord 94518,
commenting on the Mental Health Commission Housing Report.
***REFERRED TO MENTAL HEALTH DIRECTOR
1.61 RESOLUTION adopted by the Board of Supervisors, County of Lassen, 707 Nevada Street,
Susanville 96130, urging the State of California to apply for exemptions allowed by the U.S.
Environmental Protection Agency under the new landfill regulations covered by Subtitle D.
***REFERRED TO DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC
DEVELOPMENT AGENCY
Citizens United 2232 Concord Dr. Pittsburg, CA 94565 (510)458-4419
Citizens dedicated to the environment and dealing with environmental health issues
Board Of Supervisors, Contra Costa CountyRECEIVED a::tember 6, 1994
651 Pine St.
Martinez, CA 94553
Tom Powers, Chair and Members of the Board SP - 71994
Dear Honorable Chair Powers: CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
Citizens United respectfully on behalf of Contra Costa citizens requests the Board of Supervisors to
immediately request that the Condition of Approval 11.1 of the Land Use Permit 2020-89 issued to the Keller
Canyon Landfill Company be enforced.
To our knowledge and that of county staff, Condition 11.1 which requires annual public hearings to review the
Land Use Permit's Conditions of Approval for the first 4 years of the landfill's operations have never been
held. Nor has the 3rd year public hearing and review by the County Planning Commission been held as
required by the same condition. Keller commenced operations on May 7, 1992.
As the Board is aware, on September 13, 1994 a hearing on LUP amendments to LUP 2020-89 requested by
the applicant (KCLFC) is scheduled before the Planning Commission.
Staff has already issued a recommendation to approve the LUP amendments and changes.
Citizens United feels it is incumbent upon the Board to afford the public the opportunity to comment on ,and
request modifications to, the LUP 2020-89 to protect the public interests, health, and welfare as is required
by LUP Condition 11.1, before any hearings are held by the Board or Planning Commission on any other
proposed amendments - such as those going before the Planning Commission on September 13.
As the Board is also well aware, much activity in the area of solid waste disposal is occurring as a result of
healthy competition. Unfortunately Contra Costa Citizens have yet to be the recipients of any lowering
of skyhigh rates from the County's only franchised solid waste disposal facility - Keller Dump, and it's only
operating transfer facility- ACME Transfer.
Competition is healthy but it should not be the excuse for County staffers to remove protections and the rights
of Contra Costa Citizens as are now afforded by the Land Use Permit. County staff's recommendations to
the Planning Commission in a recently issued report will do just that.
The first responsibility of the Board is to the safety and welfare of its citizens, the second is the protection of
the taxpayers.
We know each Board member takes his/her responsibilties to those who voted them into office seriously
and as this is the case we know each member will do what is right for all of our citizens health, and welfare.
Unwarranted tax increases that would further burden your constituents and giving large tax subsidies to a
large uncompetitive garbage conglomerate without a vote of the citizens certainly wouldn't help any
of our already burdened citizens.
We hope the Board will do what is right and request County staff to prepare for and hold the required
public hearings before the Board and the Planning Commission and delay any further action by the
2Planning Commssion or the Board until those required hearings have taken place.
Contra Costa citizens have a right per the Conditions of the Land Use Permit to hear staff reports on the
operations of,,the Keller landfill over the last 3 years , and they have a right to discuss and dispute those
findings and to suggest changes and additions to the Conditions of Approval.
In the best interest of the public these should be held before the LUP Amendments requested by the Keller
Canyon Landfill Company.
Sincerely,
Lance J. Dow, ViceChair
' Citizens United 2232 Concord Dr. Pittsburg, CA 94565 (510)458-4419
Citizens dedicated to the environment and dealing with environmental health issues
Board Of Supervisors September 20, 1994
651 Pine St.
Martinez, CA 94553 RECE10/ED
Tom Powers, Chair and Members of the Board SEP L 0 19.`.-!4
Dear Honorable Chair Powers:
CLERKCONTRABCA D OCOSTACOI$OR5
Citizens United respectfully on behalf of Contra Costa citizens has requested
the Board of Supervisors to request that the Condition of Approval 11 .1 of the
Land Use Permit 2020-89 issued to the Keller Canyon Landfill Company be
enforced.
Condition 11 .1 requires annual public hearings to review the Land Use Permit's
Conditions of Approval for the first 4 years of the landfill's operations. Per Mr
Charles Zahn in a recent telephone conversation the County and this Board as
overseer's for the County has violated the Condition 11 .1 of LUP 2020-89.
Keller commenced operations on May 7, 1992.
CitizenS" United of course does not blame the Board for this for it is the duties
of the Director of Community Development, the Director of Growth
Management and Economic Development Agency, and the County .
Administrator as defined in County Ordinances.
This failure to protect the Board and the County from possible recriminations
from this one act should be enough to ask for the resignations of the
mentioned County employees, but other apparent breaches make it the only
possible solution to protect the Board and the County from the ramifications of
their alledged wrongdoings and breaches of the duties of their positions.
Other actions or lack thereof include allegations of failing to enforce the
numerous violations of the conditions of approval Land Use Permit 2020-89 for
the Keller Canyon Landfill. These alledged actions or inactions have put the
County in the position of being responsible for possible tort actions due to
alledged unsafe and unhealthy conditions surrounding the present operations
and future operations of the Keller Canyon Landfill.
' It appears the County Administratoghe did with the Board Order for the
Housel-10d Hazardous Waste Program has again countermanded a Board
Order. The November 24, 1992 Board on ACME Rates directed the
Administrator and the Director of. Community Development to keep the Board
informed as to the activities of the Acme Interim Station and the Acme
Permanent Transfer Station, including tonages, construction of the Permanent
transfer Station and the financial aspects of the interim and permanent transfer
stations. The Board and the public has yet to hear those reports.
That same Board Order adopted a a rate at the ACME Interim Station of $75.97
per ton which would be paid until December 31 , 1993. It is almost October
1994, or a period of 10 months past that cut off date, with no fiscal explanation
supplied by the Administrator to date, even after repeated requests from the
public and members of the Board for a finacial accounting of where these
funds are going and why they are still being collected and at the $77.00 rate.
The Director of Community Development which is the lead agency responsible
for the enforcement of the Conditions of Approval in LUP 2020-89 and the
Director of Growth Management and Economic Development appears to have
violated the duties of their offices when they recommended and the Board
accepted on December 14, 1994 by Board Order the importation of 40% of the
daily waste receipts at the Keller Canyon Landfill or approximately 316,000
tons per year to be imported from any location in the United States.'
This action was and is an apparent gross violation of the California
Environmental Quality Act. The massive imports described were never
analyzed in the EIR and therefore never analyzed the significant impacts to
roads, traffic, air pollution, and other significant impacts, and the effect those
impacts would have on the environment. No Initial Study was performed, No
Notice of Exemption filed, nor any Subsequent EIR performed as required
under CEQA.
This has placed the Board in an untenable position of having to defend itself
against CEQA related litigation and having to use public funds to do so. We
understand those challenges are forthcoming.
In addition to the Board's action allowing for the massive imports of special
waste in apparent violation of CEQA. The Board Order stipulated that the
importation was for a six month trial period. The Board's motion per
transcripts included that language but the Board Order which remains unsigned
states the GMEDA Director shall report in six months to the Board on the
analysis of the experience with the special waste imports.
Irrespective that the transcripts provide for a six month time basis period. The
GMEDA Director appears to have failed in his duties to report to this Board by
June 15, 1994 on this important matter regarding fiscal impacts and the health
and safety of Contra Costa Citizens.
It is the responsibility of the Director of Community Development to assure that
the Conditions of Approval in the Land Use Permit 2020-89 are consistant with
all other permits and documents including the Franchise Agreement. Many
inconsistancies and contradicting objectives, policies, etc. abound in all of the
documents governing the Keller Canyon Landfill.
It also appears the applicant for Amendment 1 to LUP 2020-89 the Keller
Canyon Landfill Company has not paid the Permit Amendment Fee per County
Ordinance 716-4.1008.
Citizens United requests for the Board's own protection and the protection of
the County and her citizens that the Board of it's own volition request an
immediate investigation into these matters by the Grand Jury.
ThaW'you.
jncerely,
Frank R. Aiello, Chair