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HomeMy WebLinkAboutMINUTES - 08122014 - D.4RECOMMENDATION(S): CONSIDER whether the Planning Commission hearing to review the Keller Canyon Landfill Land Use Permit should be held in late October 2014, rather than in August 2014; PROVIDE direction to Department of Conservation and Development staff regarding the scheduling of the permit review hearing. FISCAL IMPACT: Extending the timeline for the permit review hearing for Keller Canyon Landfill Land Use Permit will not impact the County General Fund. The landfill operator is required to issue periodic reimbursement payments to cover the cost of DCD's staff time spent on matters related to Keller Canyon Landfill's Land Use Permit. BACKGROUND: Under Section 11 of the Keller Canyon Landfill Land Use Permit, the County Planning Commission is required to hold review hearings on the permit at three-year intervals. In February of this year, the Board of Supervisors directed that a Planning Commission permit review hearing on the Keller Canyon permit be scheduled for the end of August, 2014. On August 5, 2014, attorney Dana Dean addressed the Board of Supervisors under public comment to request that the timeline be extended for the permit review hearing for the Keller Canyon Landfill Land Use Permit. Ms. Dean is legal counsel for the California Compost Coalition. Ms. Dean requested the extension to allow adequate time APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/12/2014 APPROVED AS RECOMMENDED OTHER Clerks Notes:CONTINUED matter to October 28 2014 VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Deidra Dingman, 925-674-7203 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 12, 2014 David Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D. 4 To:Board of Supervisors From:John Kopchik, Interim Director, Conservation & Development Department Date:August 12, 2014 Contra Costa County Subject:Permit Review Timeline for Keller Canyon Landfill Land Use Permit BACKGROUND: (CONT'D) for her to receive and review the records she has requested and meet with County staff in advance of the hearing. On April 29th, staff presented the Board with a status report on this matter and confirmed that a permit review hearing would be held by the Planning Commission at the end of August, 2014. Monica White, California Compost Coalition and her attorney, Dana Dean, were present for the status report presentation and provided comments about the Keller Canyon Landfill. County staff was directed to meet with Ms. White and Ms. Dean prior to the permit review hearing in order to address questions and issues related to the Keller Canyon Landfill Land Use Permit. Following the April 29th presentation, DCD staff spoke with Environmental Health staff, Ms. Dean and Ms. White to begin to coordinate mutually agreeable date/time for the meeting. To date, DCD staff has been unable to schedule this meeting because Ms. Dean asked that the meeting not be scheduled until they had time to request, receive and review additional background information. Ms. Dean submitted a Public Records Act request to the Department of Conservation and Development (DCD) and Environmental Health. After receiving records in response to the initial request, Ms. Dean requested additional records. DCD expects to make any relevant records available for Ms. Dean’s review on or before August 7th. Staff is prepared to conduct the permit review hearing before the Planning Commission in late August as previously directed. However, if the Board is willing to provide more time, staff would recommend the extension allow up to two months. Extending the deadline for the initial permit review hearing would provide a better opportunity for staff to consider input shared during the meeting with Ms. Dean and Ms. White prior to presenting permit review recommendations. CONSEQUENCE OF NEGATIVE ACTION: If the extension is not approved, the Board could elect not to extend the timeline at all or could approve a different extension period. If the Board does not extend the timeline, staff would proceed with having the permit review hearing before the Planning Commission on August 26th consistent with the direction from the Board on February 25, 2014. CHILDREN'S IMPACT STATEMENT: Not applicable. CLERK'S ADDENDUM Speakers: Dana Dean, resident of Benicia. CONTINUED to October 28, 2014.