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HomeMy WebLinkAboutMINUTES - 12011987 - T.12 T. 12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 1, 1987 by the following vote: AYES: Supervisors Powers, Fanden, Torlakson, and McPeak NOES: None ABSENT: Supervisor Schroder ABSTAIN: None SUBJECT: Proposed General Plan Amendment and Land Use Permit Application No. 2122-86 by the Acme Fill Corporation for a Waste Recovery and Transfer Station Project in the unincorporated Martinez/Vine Hill area. This is the time for hearing on the proposed General Plan Amendment and on the application for a Land Use Permit (No. 2122-86 ) by the Acme Fill Corporation for a Waste Recovery and Transfer Station Project in the unincorporated Martinez/Vine Hill area. Supervisor Schroder advised that prior to the staff ' s explanation of the matter and prior to proceeding with the hearing, he would step down from the podium and disqualify himself from any deliberation in the matter because of a long-term business relationship he has had with the Valley Disposal Company of Walnut Creek (currently one of the owners of Acme Fill Corporation) . Charles Zahn, Community Development Department, described the project, advising that it comes to the Board with the recommendation for approval by both the County Planning Commission and staff. He advised that the project is consistent with the 1987 Solid Waste Management Plan which has already been approved by the Board and by the cities within Contra Costa County. He noted that the project already has initial approval of the Bay Area Air Quality Management District. He reviewed the recommended actions before the Board as follows: Accept the Contra Costa County Planning Commission' s certification of the project' s Final Environmental Impact Report and the Commission' s findings on the Final Environmental Impact Report. Adopt General Plan Amendment No. 9-87-CO and its findings which also introduces the an for an interim transfer station at another location on the site to be used in the event that the permanent transfer station is not ready for use at the time that it is needed. Approve Land Use Permit No. 2122-86, including its conditions of approval and its findings. Adopt the Contra Costa County Planning Commission' s reasons as referenced in Commission Resolution No. 61/1987 as the Board' s determinations for this project. The Chair declared the hearing opened. Tom Reilly, Director of Operations for Acme Fill Corporation, appeared and advised that he would like to submit into the record the following documents: Transcripts before the Planning Commission addressing the project, the draft and final EIR reports, their addendum and appendices (these documents were not submitted to the Clerk) , and Acme' s presentation submittal which highlights his presentation to be given today. 1 Mr. Reilly introduced the project and highlighted the mitigation measures, advising that Acme believes that it is proposing a well-thought-out project for which the impacts have been well defined and mitigated and that the neighbors ' concerns have been addressed. He advised that Acme Fill Corporation is proposing to develop a waste recovery and transfer station project to process and transfer waste to available landfills because Acme Fill Corporation' s permitted landfill is closing in approximately 12 to 15 months. The project has been planned for the additional transfer of solid waste from a variety of smaller short haul trucks and cars, the same vehicles now serving the landfills, to especially designed long-haul transfer vans for transport to the available landfill. He showed a slide presentation of the proposed project, describing the various details and procedures as he went along. Mr. Reilly noted that one of the conditions of approval requires Acme, as part of the project, to police and pick up litter along Waterfront road from the Walnut Creek Channel area to Highway 680. He asked if the County might agree to also not dump its construction rubble along Waterfront Road in this particular area because it makes it extremely difficult to police the area because people assume that it' s a dump site. Supervisor Fanden suggested that Acme might provide space at the site for the County to put its rubble fill which would eliminate the need to put it along Waterfront Road and other sites throughout the County, which encourages others to dump at these sites too. She suggested that this become one of the conditions of approval of the application. Board members discussed the various aspects of the application and Mr. Reilly' s presentation, including the questions of resource recovery, meeting goals in the Solid Waste Plan, curb side recycling, reduction in the waste stream, additional cost for use of the transfer center, rate regulation and standardization of charges, the portions of the rates that are to be dedicated for closure of the existing landfill, and the appropriateness of the proposed site. Lynne Bunker, representing the Central Contra Costa Sanitary District, discussed transfer station operations and how they affect collection costs, supported the transfer station at Acme with respect to the land use, stating it seemed appropriate to have a transfer station at the landfill site, but expressed concern with respect to the size of the permanent facility because of the changing nature of recycling programs and the changing nature of the waste stream and the increased technological approach to handling solid waste. Supervisor McPeak advised that Tom Stewart of Land Waste Management had to leave but had left a written statement advising that Land Waste Management supports this project because of the need for its integration into a comprehensive waste management system and asking the Board to give close scrutiny to the conditions of transfer vehicles, particularly as they relate to noise suppression enhancements. Brian Wynne, Martinez, advised that he favored new techniques for waste management. No one else having requested the opportunity to speak, the Chair called for closing remarks and rebuttal from the applicant. Mr. Reilly addressed the issues of downsizing and recycling and responded to comments by Ms. Bunker of Central Sanitary District and members of the Board. On motion of Supervisors Fanden, seconded by Supervisor Powers, IT IS BY THE BOARD ORDERED that the public hearing is closed. 2 Following lengthy discussion, Supervisor Fanden moved to accept the Contra Costa County Planning Commission' s certification of the project' s final Environmental Impact Report, as well as the Commission' s findings thereon; to adopt the General Plan Amendment No. 9-87-CO and its findings, and approve the Land Use Permit, including conditions of approval and its findings, and to add the requirement for a yearly review of conditions. Supervisor Powers clarified that the yearly review would be a one-year review for the first three years and then three years thereafter, and that the review would come to the Board, not the Planning Commission. He also suggested adding another condition that a development agreement be required which would allow the County to implement such things as a rate review process. Supervisor Fanden agreed to the addition. Tom Reilly advised that Acme Fill Corporation objects to rate regulation of the landfill as discussed by Supervisor Powers. Supervisor Fanden advised that she wished to add the condition requiring Acme to provide storage space for rubble fill, and also as a condition of approval, that Acme will fund a recycling director immediately. Supervisor Powers commented that he thought the addition of a condition requiring funding for a resource recovery manager for the County is appropriate and that he would not object to the operator recovering that through a rate charge at some time in the future. Supervisor Powers suggested including the issue of identifying the size of the facility and the configuration of the recycling program, and the County being allowed to participate in the decision as to whether the landfill would annex to any district or government subdivision such as a city. Supervisor Powers cautioned that he did not intend for this transfer station to solely finance the programs discussed such as solid waste program manager, the abandoned vehicle removal, public education program, the litter enforcement and collection program, and cleanup and the rate review process, but that financing of these programs be shared by landfills through conditions in either their land use permits or development agreements so that there is a coordinated funding mechanism. Supervisor Torlakson advised that he supported Supervisor Power' s recommendations regarding the concept of revenue generation for the variety of programs that the Board has previously discussed and that it should be shared in some equitable way. Supervisor McPeak suggested an added condition that the transfer station in a periodic review be subject to a condition of directing the appropriate materials for composting to a composting project if and when it is approved in the County. Supervisor Powers suggested that because of the many various conditions the members of the Board are requesting be added, that staff be directed to draft those conditions and identify which are to be conditions for the land use permit and which are to be conditions to a development agreement, and return this matter for determination on the December 15, 1987 agenda, so the Board and the operators can have an opportunity to review the conditions and have some input into the language. Supervisor McPeak clarified that the Board would be adopting in concept, and requesting staff to prepare the detailed set of conditions that reflect these concepts and return them for Board consideration no later than December 15, 1987 . 3 On motion of Supervisor Fanden, seconded by Supervisor Torlakson, IT IS BY THE BOARD ORDERED THAT the above proposed additional conditions are APPROVED IN CONCEPT, and staff is DIRECTED to prepare the detailed set of conditions that reflect these concepts, and return them to the Board for review and consideration on the December 15, 1987 determination agenda. i hereby certify that t`ir is a true and correctcopy of an action taken and entered on the rninutes of the Board of Supervis a on the dato shown. ATTESTED: PHIL SATCHEL.©q, Cler of tho ETuard of Supervisoro and County Admihlatrator cc: Community Development Director County Counsel 3y _� .� , Deputy County Administrator Acme Fill Corporation 4