HomeMy WebLinkAboutMINUTES - 09242002 - D2 T"7 Contra
TO. BOARD OF SUPERVISORS
Costa
1 :
FROM: Dennis M. Barry, AICP County
Community Development Director
DATE': September 24, 2002
SUBJECT: TERMINATE DEVELOPMENT &'FRANCHISE AGREEMENTS ASSOCIATED WITH THE.
'UWITHORAWN MARSH CANYON LANDFILL PROJECT
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
AUTHORIZE the Chair of the Board of Supervisors to execute an agreement to terminate
the Development Agreement and Franchise Agreement for the Marsh Canyon Landfill
project (Exhibit A).
DIRECT the Community Development Department to file a CEQA Notice of Exemption
FISCAL IMPACT
No impact to the County General Fund. Community Development Department staff costs
incurred to process this request are funded by application fees.
BACKGROUND/REASONS FOR RECOMMENDATIONS
PROJECT_HISTORY
In the 1980's and early 1999's, Waste Management of NorthAmerica, Inc. (Waste
Management)proposed developing a solid waste landfill in Eastern Contra Costa County.
The proposed landfill was known as the "'Marsh Canyon Landfill In 1989, the County
Board of Supervisors amended the General Plan to identify the Marsh Canyon site as a
potential location to site a sanitary landfill. In 1990, the Contra Costa County Board of
Supervisors certified an Environmental Impact Report (EIR) and approved a land use
permit, minor'subdivisions and other entitlements to allow the development of the Marsh
Canyon Landfill.
✓
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
,----APPROVE OTHER
SIGNATURES
ACTION OF BOR ON S =ha 24, _2oo2=APPROVED'AS RECOMMENDED xxOTHER
CLQ ED the public hearing;AUTHORIZED the Chair of the Board of Supervisors to
execute an agreement to terminate the Development Agreement and Franchise
Agreement for the Marsh Canyon Landfill project, Waste Management(Applicant&
Owner), County File#DA020302; and DIRECTED the Community Development
Department to file a CEQA Notice of Exemption.'
SPEAKERS: S.M. Skaggs, P.O. Box V, Walnut Creek, Ca
Seth Adams, Save Mount Diablo, 1196 Boulevard Way #10, Walnut Creek
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
x UNANIMOUS (ABSENT None AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
Contact: Deic ra Dingman (925/335-1224) ATTESTED September 24, 2002
cc: Community Development Department (CDD) JOHN SWEETEN, CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
BY , DEPUTY
DD I 9WARSHCANYOWBO.DOC
AGREEMENT TO TERMINATE
DEVELOPMENT AGREEMENT AND FRANCHISE AGREEMENT
FOR THE MARSH CANYON LANDFILI.
THIS AGREEMENTis made by and between the County of Contra Costa and Waste Management
effective December 8, 1992.
WHEREAS the parties entered into a Franchise Agreement for the Marsh Canyon
Sanitary Landfill effective October 31, 1990 in compliance'''with conditions of approval of the Land Use
Permit for the Marsh Canyon Sanitary Landfill (LU P'2010-g0);
WHEREAS, the parties entered into that certain Development,Agreement, recorded in the
Official Records of Contra Costa County on August``18, 1990, as instrument no. 90187285;
WHEREAS, the parties and others entered into a'Settlement Agreement, executed on
behalf of the County on December 8, 1992, by which the parties agreed to terminate the Development
Agreement and Franchise'Agreement;'and
WHEREAS', the parties wish to document said termination by execution of this
Agreement. ,
NOW THEREFORE THE PARTIES AGREE that the Development Agreement and the
Franchise Agreement described above'shall be and the same hereby are terminated as of December 8,
1992, that thereafter said Agreements shall be of no force or effect and that County shall record this
,Agreement in the Official Records of Contra Costa County in order to provide notice of the termination of
said Agreements. ,
COUNTY OF CONTRA COSTA ATTESTED:
��"LBy: ,Deputy
Chair, Boa,17Supervisors JOHN SWEETEN, CLER F' HE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
APPROVED AS TO FORM:
Siivano B. Marchesi', County Counsel Dater -° "-
ILA
D6puty County Counsel
WASTE MANAGEMEN OF ORTH AMERICA, INC.'
By: Edward R. SchaLble By: William L. Trubeck
Title: Vice President of Real Estate Title: Executive Vice President, Operations'Support
and Chief Adminstrative Officer
This Agreement must be signed by two officers. One signature must be that of the Chairman of the Board,
President or any Vice'President. The other signature must be that of Secretary, any Assistant Secretary, the Chief
Financial Officer or any Assistant Treasurer(Civil'Code Section`1190 and Corporations Code Section 313). All
signatures must be acknowledged pursuant to Civil Code Section 1189.
9!12102 4:53 PM
STATE OF TEXAS ),
)'ss:
COUNTY OF HARRIS
I HEREBY CERTIFY that on this day of September, 2002, before me, the
subscriber, a notary public in and for said county and state, duly authorized in the State
aforesaid to take acknowledgments, personally appeared WILLIAM L. TRUBECK,
Executive Vice President, Operations Support and Chief Administrative Officer, and
EDWARD R. SCHAUBLE, Vice President of Real Estate, 'WASTE MANAGEMENT,
INC., the signatories in the foregoing document, havingauthority to act in this matter on
behalf of Waste Management' Collection and Recycling, Inc., a California corporation,
acknowledged the signing thereof to be their free and voluntary act and the free act and
deed of said Corporation.
IN TESTIMONY WHEREOF, on behalf of the said Waste Management Collection
and Recycling, Inc., a; California corporation, William L. Trubeck and Edward R.
Schauble have hereunto set their hands and seals the day and year first above written.
Lesile A.Shannon ".
Notary Public awvK'Q N
state of Text
My omMssiat£xpirn , Notary Public
April; 1,2003 y Commission Expires tet- i- d 3
PROOF OF PUBLICATION
NOTIL`B AF A
(2015.5 C.C.P.) aUSLI10 tt
You are hereby y�Ied t�t
STATE OF CALIFORNIA on TUEMAY,SePT6MeA
z4. 20(€2 at 9:30 am In
County of Contra Costa' Room 107, Mcsraen Ad-
ministradan Building, 851
Ptne Str Martinez,Cad-
1 am a citizen of the United States and a resident of the to a,d,a bounty Board of
County aforesaid;I am over the age of eighteen years, and Su a cnelderan
not a party to or interested in the above-entiNed matter. AEEMENT Tco 12% 11
TME DEVEIAP T
EEMEN7 ANC?�-
I am the Principal Legal Clerk of the Ledger Dispatch and i�Ss AQREEAIISNT de-
Brentwood News, Newspapers of general circulation,printed WASTE MANAGEMENT OF published at 2640 Shadelands Drive in the City of Nr.1MTM CALIFORNIA,
Walnut Creek,County of Contra Costa,94598. INC. t1E WASTE MAN-
A (APpiicent &
ownAnd which newspaper has been adjudged a newspaper of C)Afl�02,Conttrra costa
eneral circulation by the Superior Court of the County ofunty.and Waste Man-
agement agement of North America,
Contra Costa, State of California, under the date of March Inc.entered into a$eitle-
26,1870. Case Number746370. rnent Agreement in 1992
which required both perdes
to twrnhmte the Develop-
The notice, of which the annexed is a printed copy (set in ment Agreement and Fran-
chise
t not smaller than nonpareil),has been published in each Mars reemertt far the
YlP Marahnyon Sanitary
regular and entire issue of sa€d newspaper and not in any LandfillTo corm ypt with the
supplement thereof on the following dates,to-wit: terms of the, with
Agreement,die a are
entering itsto an Apr�sement
Sep#ember 13 to Temrinate the pevelop
meat Agreement and Fran-
m ent Aghernent to docu-
all in the year of 2002 ment such termirmtion.
The Marsh Cenyt n Sanitary
Landlit p0j: was never
devMoped as a resultpf the
afore
I certify (or declare) under penalty of perjury that the mentioned Settlement
foregoing is trite and correct. sAoreem�mtTsne
mabety 1,122,ores and Is
Executed at Walnut Cie alifomia. Ioceted an the southern you or sornspro elle raised
On th' 13 of epts r, 2002 side of Marsh Creek Road, at Me pubtic heeCing de.
apprordmetely live rril".to scribed In this notice,or in
the eewthwT of the City of written cormsporidence
Brentwood and Aix ml to delivered to the CDunty at,
c the east-southeast'of the or prior to,the public hear-
....... ......................
... ... ..... .............. CI(y of Clayton.The project hg.
Si ttlCe Bldaiacom€srl88dOfAaseS-
sor's Parcel Nos. For further detalls,contact
ng
Ledg r Dispatch and Brentwood News 0 7 8 - 1 4 0 -009 , the Contra caste Coo
007 -0 30 -0 1. 1 Common€�ty Develop e
P O Box 2239 °o 7 a- J s 0 -001'° ; otreet�4th Floor - Nolan
Antioch,CA 94531-2299 0 7 8 - 90 -0 0 2 Mardne California
925 757 2525 478 290--003, and me DSORA DING-
(925) 079-290-004. at(925)3381224
Proof of Publication of: This notice Is provided�pur- lee M.Be AICP
(attached is a copy of the legal advertisement that published) I suarrf to Q5091 nd Cnda Crtrwnunity t retopme
Sections 85091 and 65858. MYector
Contra Costa County
If you challenge the pprroo��act LLig�a€La80 9781
In court,you rruxy+be iirrtlted Pttblleh September 13,
to raising only thoseIssues 2002
Development& Franchise Agreements and Development Rights--Mersa Canyon Landfill
September 24, 2002
Page 2 of 2
BACKGROUND REASONS FOR RECOMMENDATIONS' continued
SETTLEMENT AGREEMENT
Opposition to the Marsh Canyon Landfill project resulted in litigation, and in December
1992, a settlement agreement was entered by and between the parties to two lawsuits
involving the project(Contra Costa County, Waste Management of North Amerika, Sierra
Club, East Bay Regional Parr District, Marsh Creek Association, Clayton Regency
Residents' Association and the City of Brentwood). In furtherance of the settlement,the
general plan was;amended to remove the Marsh Canyon Landfill site as a site suitable for
landfill development. In addition, the settlement agreement required that:
"(a) WasteManagement will withdraw the applications to the County for a
Land Use'Permit and Parcel Map covering the Marsh Canyon site.
(b) Waste Management and the County will terminate the Development
Agreement and Franchise Agreement.
(c) Waste Management will obtain the cancellation of permits or approvals
from the Regional Water Quality Control Board and the Bay Area Air Quality
Management District relating to the Marsh Carryon site. Waste Management
hereby represents that there are no other permits relating to the Marsh
Canyon site that have been obtained and no other permit applications now
pending relating to the Marsh Canyon site."
Pursuant to the settlement agreement, on June 2, 1993, Waste Management withdrew its
land use permit application (LUP 2010-90).
At the time of the project's development,two minor subdivision applications were submitted
in connection with the project. MS 119-90''for a parcel owned by William F. Freitas("Freitas
Subdivision"), and MS 120-90 for a parcel owned by the Robert Fos ett Trust ("Foskett
Subdivision"). Staff was unable to find evidence that the Foskett Subdivision parcel map
was ever recorded, in which case the tentative map has expired'. The parcel map for the
Freitas Subdivision was recorded on December 21, 1two years before the December'
1992 settlement agreement. Staff believes that the Settlement Agreement's reference to
the application for a Parcel Map referred to only the.Foskett Subdivision because at the
time of the Settlement Agreement only that Parcel Map had not been recorded. The
Subdivision Map Act does not provide for a reversion by simply withdrawing an application
after a Parcel Map has been recorded.
Staff is, unable to find evidence that Waste Management took steps to 'withdraw or
otherwise affirmatively terminate any other County entitlement obtained In connection with
the Marsh Canyon Landfill project. However, no action was taken by Waste Management
to further the project;
DEVELOPMENT AND FRANCHISE AGREEMENTS
By executing the Settlement Agreement, the County and Waste:Management agreed to
terminate the Development Agreement and Franchise Agreement. Now that this matter
has come to our attention, staff is bringing this matter forward to formalize termination of
the Development and Franchise Agreements in conformance with the terms of the
Settlement Agreement 'Additionally, Waste Management's attorney, Sanford M. Skaggs,
has expressed Waste Management's willingness to sign any document necessary to
effectuate the termination of the development and franchise agreements.
A
AGREEMENT TO TERMINATE
DEVELOPMENT AGREEMENT AND FRANCHISE AGREEMENT
FOR THE MARSH CANYON LANDFILL
THIS AGREEMENT is made by and between the County of Contra Costa and Waste Management
effective December 8, 1992
WHEREAS, the parties:entered into a Franchise Agreement for the Marsh Canyon
Sanitary Landfill effective October 31, 1990 in compliance with conditions of approval of the Land Use
Permit for the Marsh Canyon Sanitary Landfill (LUP 2010--90) `
WHEREAS, the parties entered into that certain Development Agreement,recorded in the
Official'Records of Contra Costa County on August 16, 1990, as instrument no. 90 167285,'
WHEREAS, the parties and others entered into a Settlement Agreement, executed on
behalf of the County on December 8, 1992, by which the parties agreed to terminate the Development
Agreement and Franchise Agreement; and
WHEREAS, the parties wish to document said termination by execution of this
Agreement.
NOW THEREFORE THE PARTIES'AGREE that the Development Agreement and the
Franchise Agreement described above shall be and the same hereby are terminated as of December 8,
1992, that thereafter said Agreements shall be of no force or effect and that County shall'record this
Agreement in the Official Records of Contra Costa County in order to provide notice of the termination of
said Agreements.
COUNTY OF CONTRA COSTA ATTESTED:
By: ,Deputy
Chair, Board of Supervisors JOHN SWEETEN, CLERK OF THE
BOARD OF SUPERVISORS AND
COUNTY ADMINISTRATOR
APPROVED AS TO FORM:
Silvano B. Marchesi, County Counsel Date
Deputy County Counsel
WASTE MANAGEMENT OF NORTH AMERICA, INC.'
By: By;
Title: Title:
1 This Agreement must be signed by two officers. One signature must be that of the Chairman of the Board,
President or any Vice President. The other signature must be that of Secretary, any Assistant Secretary, the Chief
Financial Officer or any Assistant"treasurer(Civil Code Section 1190 and Corporations Cade Section 313). All
signatures must be acknowledged'pursuant to Civil Code Section 1189.
9/16102 9:47 AM
REQUEST TOiSfEAK FORM
TI REE (3) 1►IC7TE LI iI`I`)
PLEASE PRINT +GL LY
Complete this form and plaee it ire the box near the speakeW rostrum before addressing the Board.
Name: " Phone
Address-, 6) City � t Zip Code-.
I am speaking for myself or organization. #4nt&
(name of organi atiob)
CHECK ONE:
IVvvish to spew on Agenda Item# - Date - q_-DIC
My Comments will be general ✓`� for
I wish to speak on the subject of
I do not wish spew on the subject.but leave these comments for the board to consider:
REOVEST TO SPEAK FOR
1 iR E ( EWTE EITM
PLEASE PRINT LEGIBLY
Complete fids form and plate it in the box near the speakers' rostrum before addressing the Board.
Name: A1�t S phones ! S
Address: pity > ; �. rc Zig Code: ` 5 f
I am.speaking for myself'' or 6rganiz6tiort ';�, � ' �t z�� �E ��Ad L70,
(name of organization)
CHECK ONE:
I wish to speak on Agenda Item {` mare:
my Cornrnen s�i11 be general' £or ' against f
I wish to speak on the subject o
I do not wish to speak on the su�r3ect but leave these comments for the board to consider:
(23PM 3)
A B , C D
I
�4 CREEK RESTRJCTJON AREA.� LINE TABLE
8.94 ACR S (150 PM 7)
LINE LENGTH BEARING
;ti 437,19 N01`15'S7'E
L.2 183.24 N46'39'09'W
L3 178.08 N78.03'19'W
L4 425.97 N23'26'03'W
DEVELOPMENT RIGHTS L5 651.07 38'33'44'W
VACATION AREA L6 364.01 N51.32'58'W
..� 46'M 4CF2ESf L7 393.97 N40'0 '46'W
L8 259.52 N48*19'52W
L9 166.63 N62'49'36E
6 L10 248.41 N69.18'04'E
L11 184.56 N73.48'34'E
PARCEL B L12 145.18 N83.43'32'E
MS_ 119-90 L13 171.07 N77.12'23'W
(150 PM 7) � L14 252.17 N84.54'40'W
87.73:ACRES TOTAL m L15 217.41 N74.29'15'E
L;16 200.58 N83.18'50'W
-17 226.62 N35.53'51'E
L18 12173.96 1-NO1•15'57'E
a PARCEL A4FE5srpy
MS 119-90 REMAINDER
cu ( 150 PM 7) AREA
IZ 38.77 ACRES ®' � 0
--05
CVjL
OF CAL
N
36
31
GINOCH1O fO040 OR '182 1 6 I'OSKM (4068 OR 9
li
e :
N
EXHIBIT' 0E3
ul
ISAKSON & ASSOCIATES INC.
2258 YGNACIO VALLEY ROAD. SUITE C WALNUT CREEK. CA. 94598-3335
PHONE 928 937-9333 FAX 928 937--7926
cu 1
DEVELOPMENT RIGHTS CHECKED BY:: DRAWN BY: DCP JOB NO. ' 200154
4.
ul
QUITCLAIM PLAT SCALE: 1"-=400' DATE: 9-12-02 SHEET 1 OF 1
L 14
NOTICE
PUBLIC HEARING
You are hearty notified that on TUESDAY, SEPTEMBER 24, 2002 at 9:30 a.m. in Room 107,
MoBrien Administration Building, 651 'Pine Street, Martinez, California, the County Board of
Supervisors will consider an AGREEMENT TO TERMINATE THE DEVELOPMENT
AGREEMENT AND FRANCHISE AGREEMENT described as follows.
WASTE MANAGEMENT-OF NQRTH CALIFOR lA INC./EMPIRE WASTE MANAGEMENT
(Applicant&Owner),County File#DA020302 Contra Costa County and Waste Management of
North America, Inc.entered into a Settlement Agreement in 1992 which required both parties to
terminate the Development Agreement and Franchise Agreement for the Marsh Canyon Sanitary
Landfill. To comply with the terms of the Settlement'Agreement,the parties are entering into an
Agreement to Terminate the Development Agreement and Franchise Agreement to document '
such termination.
The Marsh Canyon Sanitary Landfill project was never developed as a result of the
aforementioned Settlement Agreement. The project site comprises approximately 1,122 acres
arra is''located on the southern side of Marsh Creek Road, approximately'five miles to the
southwest of the Clty of Brentwood and six miles to the east-southeast of the City of Clayton. The
project site is comprised of Assessor's Parcel Nos.078-140-009, 007-030-011, 007-040-001,;
078-290-001,078-290-002, 078-290-003, and 078-290-004.
This notice is provided pursuant to Government Code Sections 65091 and 65858.
If you challenge the pro1ect in court, you may be;limited to raising only those issues you or
someone else:raised at the public hearing described in this notice,or in written correspondence
delivered to the County at or prier to,the public hearing:
For further details, contact the Contra Costa County Community Development Department, 651
Pine Street, 4T" Floor—Ninth Wing, Martinez,California or phone DEiDRA DINGMAN at{925}'
335-1224:
Dennis M. Barry,AICD
Community Development director
Contra Costa County