HomeMy WebLinkAboutMINUTES - 01101989 - 2.2 ti as
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 10, 1989, by the following vote:
AYES: Supervisors Powers , Fanden, and McPeak _
I
NOES: Sunervisor_Torlakson
ABSENT: Supervisor Schroder
ABSTAIN: None
SUBJECT: TIMETABLE TO COMPLETE COUNTY) Resolution No. 89/21
SOLID WASTE MANAGEMENT PLAN )
1. State law requires each county to prepare a County Solid
Waste Management Plan. The Plan must be approved by the
Board `of Supervisors, a majority of the cities containing a
majority of the incorporated population, and the California
Waste Management Board.
2. Approval of the Plan is subject to the California
Environmental Quality Act. The County has determined, with
the concurrence of the California Waste Management Board,
that an Environmental Impact Report is necessary.
3 . In accordance with State law, the Plan must show eight years
of continuous landfill capacity. This can be shown by use
of the existing capacity at remaining landfills, reserved
sites (sites that have a General Plan Amendment as well as
being identified in the Plan) , and fully-executed waste
export agreements with other counties.
4. The Board of Supervisors has reaffirmed its support for the
Keller-Bailey landfill.
5. Contra Costa County is currently in the process of obtaining
agreements for waste export with other counties, including
Alameda and Solano Counties.
6. Contra Costa County and the California Waste Management
Board have determined that a timetable showing completion of
the Solid Waste Management Plan along with completion of
export agreements and General Plan Amendments for reserved
sites is necessary.
The Contra Costa County Board of Supervisors RESOLVES that:
1. This Board will expedite completion of the County Solid
Waste Management Plan, the General Plan Amendment for the
Keller-Bailey landfill site in accordance with the attached
timetable.
2 . County staff is directed to channel staff resources and
consultants to ensure that the timetable is met.
3 . Staff is requested to report to the Board of Supervisors on
a regular basis progress in meeting the timetable and to
update and adjust the timetable as necessary.
4. Staff is directed to transmit this timetable and its updates
to the California Waste Management Board, counties we are
discussing waste export agreements with, and other public
agencies within Contra Costa County.
Orig. Dept. : Community Development
DO: jal3 :sw.brd
cc: County Administrator
California Waste Management Board via CDD
Solid Waste Commission via CDD t hereby certify that this is a true.and correct copy of
Cities and Sanitary Districts via CDD an action taken and entered on the minutes of the
Board of supervisors on the date shown.
Alameda County, via CDD
Solano County, via CDD ATTESTED:
PHI ATCHELOR, ert<of the Board
of Supervisors and County Adm.nistrator
By ,Dopul"
Resolution No. 89/ 21
2/10
LANDFILL PLANS AND PROJECTS
PROCESSING TIMETABLES
1989 COUNTY SOLID WASTE MANAGEMENT PLAN
Revised County Solid Waste Management Plan
January 17, 1989. . . . Start Technical Revisions
January 29, 1989. . . . Complete Technical Revisions
February 1, 1989. . . . Review Technical Revisions with County Solid Waste
Commission. Schedule additional meetings if necessary.
August 2, 1989. . . . . . Schedule Board of Supervisors' hearing
I
August 15, 1989. . . . . Board of Supervisors' public hearing on County SWMP.
Board of Supervisors' decision on County SWMP.
1989 County SWMP-GPA Environmental Impact Report
January 17, 1989. . . . Begin Preparation of EIR Notice of Preparation
January 23, 1989. . . . Complete EIR NOP, hand-deliver to State Clearinghouse
(initiate 30-day comment period, starting 1/24/89)
January 24, 1989. . . . Execute consultant contract (;Boa.rd. of. Superv:isor.$).
February 23, 1989. . . EIR Notice of Preparation comment period ends. (Revise
consultant contract, if necessary. )
March 23, 1989. . . . . . Draft EIR summary table due from consultants
April 12, 1989. . . . . . Arrange printing
April 24, 1989. . . . . . Administrative Draft EIR due from consultant
April 30, 1989. . . . . . Complete staff review of administrative Draft EIR
May 8, 1989. . . . . . . . . Receive camera-ready circulation Draft EIR from
consultant; deliver to printer
May 10, 1989. . . . . . . . Deliver publication notice to newspapers
May 15, 1989. . . . . . . . Receive DEIR from printer, hand-deliver DEIR and EIR
Notice of Completion to State Clearinghouse, distribute
DEIR
June 21, 1989. . . . . . . Public hearing on DEIR before Zoning Administrator
June 30, 1989. . . . . . . Close of DEIR comment period
July 14, 1989. . . . . . . Receive Administrative Draft of Final EIR Response
Document
• 2. •
July 19, 1989. . . . . . . Arrange printing
July 20, 1989. . . . . . . Return comments to consultant
July 26, 1989. . . . . . . Receive camera-ready FEIR Response Document from
consultant, deliver to printer, schedule Board of
Supervisors hearing.
August 7, 1989. . . . . . Receive FEIR Response Document from printer, distribute
document, draft findings
August 7, 1989. . . . . . Zoning Administrator action on FEIR, FEIR and County
SWMP transmitted to Board of Supervisors
August 15, 1989. . . . . Board of Supervisors' final certification of FEIR.
Public hearing on County SWMP, decision on County SWMP.
Adoption of CEQA findings.
August 16, 1989. . . . . File CEQA Notice of Determination, transmit FEIR to
cities.
September 15, 1989. . Close of NOD legal challenge period
(November 14, 1989. . Close of 90-day referral of County SWMP to cities)
LANDFILL GENERAL PLAN AMENDMENTS
Landfill General Plan Amendments
January 17, 1989. . . Prepare initial project descriptions for joint
CoSWMP GPA's EIR
January 20, 1989. . . Complete initial project descriptions
(March 1, 1989. . . . . Receive complete Comprehensive Project
Descriptions from Bay Pointe, Keller-Bailey, and
Marsh Canyon landfill projects. )
(July 25, 1989. . . . . Complete drafts of General Plan Amendments, staff
reports, and hearing notices. )
August 1, 1989. . . . . Transmit public hearing notices to newspapers.
Distribute hearing notices, GPA's and staff reports.
(August 14, 1989. . . Complete drafts of findings. )
August 15, 1989. . . . County Planning Commission hearings on General
Plan Amendments.
August 16, 1989. . . . County Planning Commission hearings on General Plan
Amendments.
• 3. •
August 17, 1989. . . . County Planning Commission hearings on General Plan
Amendments.
August 18, 1989. . . . Schedule Board of Supervisors hearings.
September 12, 1989. County Planning Commission adoption of findings.
September 19, 1989. Board of Supervisors hearings on General Plan
Amendments.
September 20, 1989. Board of Supervisors hearings on General Plan
Amendments.
September 21, 1989. Board of Supervisors hearings on General Plan
Amendments.
September 26, 1989. Board of supervisors adoption of findings.
September 27, 1989. File CEQA Notices of Determination.
October 26, 1989. . . Close of Notices of Determination legal challenge
period.
LANDFILL PROJECT ENTITLEMENTS
Landfill Project Permits and Approvals
(October 3, 1988. . . . Marsh Canyon Landfill Comprehensive Project Description
submitted)
(October 26, 1988. . . Bay Pointe Sanitary Landfill Comprehensive Project
Description submitted)
(November 4, 1988. . . Bailey Road Landfill . Comprehensive Project Description
submitted, will be revised and re-submitted as the
Keller Canyon Landfill )
March 1, 1989. . . . . . Assumed date when complete information requested of
applicants will be submitted.
March 15, 1989. . . . . Assumed date when staff will determine Comprehensive
Project Descriptions are complete and will accept
entitlement applications (except Agricultural Preserve
Cancellation) . Starting 1-year processing timeline
(for Land Use Permits) under Permit Streamlining Act
requirements.
December 12, 1989. . County Planning Commission public hearings on landfill
entitlements.
December 13, 1989. . County Planning Commission public hearings on landfill
entitlements.
• 4. •
December 14, 1989. . County Planning Commission public hearings on landfill
entitlements.
December 15, 1989. . Schedule Board of Supervisors hearings.
January 9, 1990. . . . County Planning Commission adoption of findings.
January 20, 1990. . . Board of Supervisors hearings on landfill entitlements.
January 21, 1990. . . Board of Supervisors hearings on landfill entitlements.
January 22, 1990. . . Board of Supervisors hearings on landfill entitlements.
February 13., 1990. . . Board of Supervisors adoption of findings.
Landfill Project Environmental Impact Reports
March 15, 1989. . . . . Issue CEQA Notice of Preparation (commence 30-day
comment period) .
March 17, 1989. . . . . Transmit EIR consultant Requests for Proposal .
April 14, 1989. . . . . Conclusion of CEQA comment (scoping) period.
May 16, 1989. . . . . . . Scope of services development. Consultant selection.
Board of Supervisors' approval of'consultant contracts.
Initiate preparation of DEIR Administrative Draft.
July 14, 1989. . . . . . Draft EIR Summary Table due from consultants.
August 14, 1989. . . . Submission of DEIR.
August 15, 1989. . . . Arrange for printing DEIR.
August 21, 1989. . . . Complete staff review of DEIR Administrative Draft.
September 5, 1989. . Receive camera-ready circulation draft EIR from
consultant; deliver to printer.
September 6., 1989. Deliver publication notices to newspapers.
September 13, 1989. Receive DEIR. Hand-deliver to State Clearinghouse with
CEQA Notice of Completion (commences 45-day review
period) . Distribute DEIR.
October 18, 1989. . . Public hearings for DEIR before Zoning Administrator.
October 30, 1989. . . Close of DEIR comment period.
November 13, 1989. . Receive Administrative Draft of Final EIR Response
Document from consultant.
.. i • 5• •
November 15, 1989. . Arrange printing, schedule County Planning Commission
hearings.
November 16, 1989. . Return comments to consultants.
November 22, 1989. . Receive camera-ready copies from consultants. Deliver
to printer.
November 30, 1989. . Receive Response Documents from printer. Distribute
FEIRs.
December 7, 1989. . . Zoning Administrator action on FEIRs, FEIRs transmitted
to County Planning Commission.
December 12, 1989. . County Planning Commission considered FEIRs in acting
on landfill projects.
January 21, 1990. . . Board of Supervisors final certification of FEIR prior
to consideration of landfill projects.
February 13, 1990. . Final decisions on landfill projects. Adoption of CEQA
findings.
February 14, 1990. . Filing of CEQA Notices of Determination.
CAZ/jn
164:timeline.doc
2. 2
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on ,January 10, 1989,, by the following vote:
AYES:
NOES: (See Below for Vote)
ABSENT:
ABSTAIN:
-------------------------------------------------------------------
SUBJECT: Referrals on Solid Waste Disposal
Supervisor Torlakson convened the discussion on the report of
the Director of Community Development relative to referrals on
solid waste disposal as .requested by the Board at its meeting of
December 20 , 1988 . Supervisor Schroder removed himself from
participating in the discussion and voting on this matter because
of a possible conflict of interest over a business association.
Charles Zahn of the Community Development Department
summarized the report and the five recommendations contained
therein. A copy of that report is attached and included as a part
of this document.
Eric Hasseline, representing Waste Management Inc. , expressed
agreement with the procedure for processing 'landfill applications
as set forth in the attached report. He requested that the pro-
posed process be applied equally to all applications.
Avon Wilson, Chair, County Solid Waste Management Commission,
requested that the CEQA process be followed and .inquired of the
role of the Commission in the procedures being proposed by staff."
Fred Caploe, attorney representing the City of Pittsburg, 2530
Arnold Drive, Suite 360, Martinez 94553 , referred to his December
13 , 1988 , letter to the Board of Supervisors and stated his belief
that because of a change in the project description a new and
complete Environmental Impact report needs to be prepared for the
Bailey-Keller Central "Supersite. " He advised that he could not
support the recommendations proposed by staff on this issue.
Tom Stewart, Land Waste Management, 560 Railroad Avenue,
Hercules, expressed concern with the environmental review process
being-proposed by staff. He requested that he made a party to
discussions with the State Solid Waste Commission and the County.
He also requested that all applicants be treated equally in the
landfill application process.
David Tamm, Sierra Club, expressed support for the "Supersite"
and requested adherence to the Solid Waste Disposal Facility
Implementation Schedule once approved by the Board.
Everett Jenkins, City of Richmond and West Contra Costa ,Solid
Waste Management Authority, advised that his agency had some
concerns with the County Solid Waste Management Plan.
All persons desiring to speak were heard. Supervisor
Torlakson advised that he had some concerns with voting on all the
recommendations and proposed that they be separated into two
motions. Board members agreed.
Therefore, IT IS BY THE BOARD ORDERED that recommendations No.
1 and No. 5 are APPROVED as presented on the attached report.
AYES: Supervisors Powers, Fanden, McPeak, Torlakson
NOES: None
ABSENT: Supervisor Schroder
IT IS BY THE BOARD ORDERED that Recommendations Nos. 2, 3 , and
4, including the adoption of Resolution No. 89/21, as presented in
the attached report are APPROVED.
AYES: Supervisors Powers, Fanden, McPeak
NOES: Supervisor Torlakson
ABSENT: Supervisor Schroder
It IS FURTHER ORDERED that the Director of Community Develop-
ment is REQUESTED to recommend consistent terminology for the
Bailey-Keller General Plan and Project area. IT IS ALSO ORDERED
that the Director of Community Development is REQUESTED to report
to the Board on January 17 , 1989 on the schedule for development of
the County's Solid Waste Management Plan.
AYES: Supervisors Powers, Fanden, McPeak, Torlakson
NOES: None
ABSENT: Supervisor Schroder
1 hereby curt€fy=thnt tt,E3 1z- ,q trace and corr.^A,_,wp of
ars action taken and enterers on the minutco c the
Board of Super; ors on the Cate shown.
ATTESTD: � �
PHIL B a CHE�.CP, erk of the Board
of Supervisors and County Administrator
cc: Director, CDD
County Counsel By —y�v �J , Deputy
County Administrator
TO: BOARD OF SUPERVISORS
FROM: Harvey E. Bragdon Contra
Director of Community Development C^sta
DATE'. January 9 , 1989 County
Coun
SUBJECT: STAFF RECOMMENDATIONS RELATED TO v�� "r
THE BOARD OF SUPERVISOR` S DECEMBER 20, 1988
REFERRALS ON SOLID WASTE DISPOSAL
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . County Solid Waste Management Plan
a. Withdraw the 1988 County Solid Waste Management Plan
(COSWMP) until an Environmental Impact Report has been
prepared on it. (Staff will notify the cities to
discontinue their consideration of the 1988 CoSWMP
until it can be revised, re-adopted by the Board, and
re-circulated with an EIR. )
b. Authorize. the Community Development Department to
develop an Environmental Impact Report for the CoSWMP.
( Staff is prepared to start immediately. )
2 . Bailey-Central ''Supersite" General Plan Amendment*
a. Authorize the Community Development Department to
prepare and process a General Plan Amendment to provide
for the consideration of a refuse disposal
facility( ies) within the Bailey-Central "Supersite"
area. (This authorization would supersede the Board' s
October 4, 1988 , direction to process a similar General
Plan Amendment for the Central Landfill site within the
"Supersite. "
b. Authorize the Community Development Department to
develop an Environmental Impact Report on the
Bailey-Central "Supersite" General Plan Amendment.
*For the purposes of this Amendment, the "Supersite" will not
include the 480-acre Kirker Pass Waste- Managemdh ' " Landfill
property. It will consist of the 1, /40-acre Elworth parcels and
the 1,013-acre Keller Estate parcels.
CONTINUED ON ATTACHMENT: _ YES SIGNATU
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOM ATION O B AR COMMITTEE
APPROVE OTHER
SIGNATURE(S):
AC ON OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
1 EBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES' NOES: ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SU ISORS ON THE DATE SHOWN.
CC: ATTESTED
PHIL BATCHELOR, RK OF THE BOARD OF
SUPERVISORS AND CO Y ADMINISTRATOR
M3 -83 BY DEPU
3 . Keller Landfill General Plan Amendment Request
a. Authorize County staff to review the County General
Plan as pertains to the Keller Estate properties,
pursuant to the December 13 , 1988, request of Boyd
Olney, Jr.
b. Affirm the intent of the Board of supervisors to
approve a Bailey Road-Keller landfill project, provided
it is found to meet environmental and regulatory
requirements, because such a project would be
consistent with the Board' s November 10, 1988 , policy
to support a Bailey Road landfill.
4. Solid Waste Disposal Facility Implementation Schedule
a. Approve the attached Solid Waste Disposal Facility
Implementation schedule as an expression of the Board
of Supervisor' s intention to obtain a minimum of eight
years of assured short-term solid waste - disposal
capacity (through 1996) for the County soid Waste
Management Plan, including approving a new sanitary
landfill in time for it to become operational by 1992.
b. Adopt the attached resolution transmitting the Solid
Waste Disposal Facility Implementation schedule, and
confirming the Board' s intention to meet the schedule,
to the California Waste Management Board.
5 . Consultant CEQA Technical Assistance
Authorize the Director of Community Development to execute a
contract with a qualified consultant to provide technical
assistance to staff for the preparation of documents
necessary to initiate landfill project Environmental Impact
Reports.
COUNTY SOLID WASTE MANAGEMENT PLAN
Background
California law requires each County to have a County Solid Waste
Management Plan which has been adopted by the County, a majority
of its cities with a majority of the incorporated area' s
population, and the California Waste Management, .Board (CWMB) .
The 198 / update of the Contra Costa County Solid Waste Management
Plan (CoSWMP) was rejected by the CWMB on January 13 , 1988,
primarily because it did not demonstrate eight years of assured
disposal capacity (which would have required at least one new
landfill site or executed export agreement) . According to the
CWMB' s rules, the old CoSWMP (the 1982 plan in our case) does not
remain in effect when an update is rejected.
By late summer, the CWMB had referred Contra Costa County' s lack
of a plan to the state' s Attorney General and expressed a
disinclination to approve the Solid Waste Facilities Permit
(operating permit) for the Acme Interim Transfer Station. In
response, the Board of Supervisors on October 18, 1988, adopted a
new version of the CoSWMP, using a CEQA Emergency Declaration
(need for a transfer station) , and referred it to the cities. On
October 21, 1988, the CWMB approved the operating permit for the
transfer station. The 1988 version of the CoSWMP included five
landfill locations which could become "Reserved" sites in the
plan when the respective sites also are amended in the County
General Plan.
2.
Subsequent to the Board of Supervisor' s adoption of the 1988
CoSWMP, however, representatives of the CWMB and its staff (on
December 16, 1988) indicated to County representatives that they
would disapprove the 1988 CoSWMP when it came to them because of
dissatisfaction with how the plan showed eight years of assured
capacity and its use of the CEQA Emergency Declaration.
The CWMB' s expression of December 16th leaves no practicable
option (except legal action) other than withdrawing the 1988
version of the plan which is now before the cities - the cities
will be reluctant to approve a plan they know the CWMB will
reject - and to further revise it and develop an Environmental
Impact Report for it. (Rejection of the CEQA Emergency
Declaration leaves only an EIR or a. Negative Declaration as the
remaining means of CEQA documentation, but the necessary findings
cannot be made for a Negative Declaration. )
The EIR that staff proposes to develop for the CoSWMP would be a
"program" EIR. This EIR would be focused on the effects of
policies -and programs, as is appropriate for an EIR on a
Countywide policy planning document. Staff further proposes that
the EIR' s _alternatives _section include a -''master" site
alternatives environmental evaluation, which would be used for
subsequent General Plan Amendment and disposal facility project
Environmental Impact Reports. The "master" site evaluation would
utilize existing project EIR' s (Central, Kirker, _East Contra
Costa, and Acme Transfer Station) and project Comprehensive
Project Description materials (Bailey-Keller, Bay Pointe, Marsh
Canyon, etc. ) .
Since most of the source materials are already available (CoSWMP,
EIR' s, CPD' s) , and critics of the recent CoSWMP and related
Central Landfill GPA processes already have expressed their
views, staff proposes to start immediately after Board
authorization to start the CEQA process. A CEQA Notice of
Preparation can be circulated within a few days. An initial
consultant contract can be brought before the Board in two weeks
and revised as necessary when the scoping period (NOP comment
period) has been completed in about 30 days.
Staff estimates that it will take about four months to circulate
a Draft EIR on the CoSWMP, and an elapsed time of six-nine months
for the new CoSWMP (and its EIR) to come before the Board of
Supervisors for adoption. It would then have to go to the cities
for their approvals ( 90 days allowed by law) .and: then to the CWMB
( 90 days allowed by law) .
Financial Impacts
The cost of the program EIR is not available at this time. The
proposed consultant has been asked to prepare an estimate to be
used as the basis for a beginning contract, but the ultimate cost
would depend on the outcome of the CEQA scoping process.
The County would have to cover the initial costs of the
consultant' s services and staff and out-of-pocket costs (e.g.
printing and distribution) , but the costs would be recoverable
through increased solid waste planning surcharges on refuse
disposal.
3 .
BAILEY-CENTRAL "SUPERSITE" GENERAL PLAN AMENDMENT
Background
The Board of Supervisors on October 4, 1988, initiated a General
Plan Amendment (GPA) for the approximately 1,740-acre area known
as the Central Landfill (named after a landfill project by that
name which was withdrawn in 1986) . The Board' s initiation of the
GPA was generally consistent with its earlier action to place the
Bailey-Central "Supersite'' on the November 8th ballot as an
advisory measure (the Central Landfill area constituted over half
of the "Supersite" area) and with its action on October 18th to
include the "Supersite'' in the 1988 version of the County Solid
Waste Management Plan as an intended Reserved Site - the latter
requiring commensurate designation in the County General Plan for
"Reserved" status. The proposed Central Landfill also would be
generally consistent with the Board' s November 1U , 1988,
statement of intent to approve a "Bailey Road landfill" inasmuch
as a proposed landfill project ( submitted November 4, 1988) fell
within the "Supersite'' and the Central Landfill areas.
The Central Landfill General Plan Amendment was intended to use
the 1986 Central Landfill EIR for CEQA documentation. The 1986
Central Landfill EIR addressed a General Plan Amendment for the
site as one of several entitlement actions. Accordingly, staff
recirculated the 1986 Central Landfill EIR - as a Draft EIR - and
scheduled it for a hearing before the County Planning Commission
on December 13 , 1988. State and County guidelines call for a
45-day period for the receipt of comments on a Draft EIR.
Coincidentally, on December 13, 1988, the option-holder for the
"Supersite, " Boyd Olney, Jr. , submitted a letter to the Board of
Supervisors announcing his intent to submit an application for a
landfill on the Keller Estate property and requesting Board
authorization for staff to review the County General Plan for the
property. The new landfill would be a dominant addition to Mr.
Olney' s previously-submitted (November 4, 1988) Bailey Road
Landfill.
The County Planning Commission began the public hearing on the
Central Landfill GPA' s Environmental Impact Report by hearing
Staff ' s report and questioning staff, but it did, not open the
hearing to take public testimony. Instead, the Commission
decided that the EIR was outdated and inadequate, and it decided
to recommend to the Board of Supervisors that the Board initiate
a General Plan Amendment for the "Supersite"" and prepare an
Environmental Impact—Report for the entire site.
The consequence of the County Planning Commission' s not holding
the public hearing on -December 13th is that the -public comment
process specified in CEQA, the State' s CEQA Guidelines, and the
County' s CEQA Guidelines, was not carried out. Although the
State does not require a public hearing to be held, the Contra
Costa County process utilizes a public hearing to obtain oral
comments on a Draft EIR -(to complement written comments) as a
matter of practice. No opportunity to take oral comments was
provided - prior to the -closing of the comment period on
December 23 , 1988, nor, did the circumstances allow for the
comment period to be extended, and the hearing rescheduled, by
December 23rd since the Board' s designated hearing body (the
County Planning Commission in this case) had declined to hear the
matter.
4.
The situation is further complicated by the submission of. the
Boyd Olney letter on the Keller landfill on December 13 , 1988 .
Staff _is of the opinion that announcement of this project would
have warranted the preparation of a supplement to the Central
Landfill EIR, requiring the issuance, review, and hearing of an
additional CEQA document, because a project there was likely and
the Keller Estate area (about 1,000 acres) was not included or
addressed in the Central Landfill EIR. In effect, the
Board-initiated GPA would then have to cover Central-Keller
instead of only the Central Landfill area. However, the Central
Landfill EIR supplement would have been practicable only if the
Central Landfill EIR process had proceeded.
Under the circumstances, staff recommends that the Central
Landfill GPA and EIR not be reinstituted, but that direction and
authorization be given to process a General Plan Amendment on the
entire "Supersite" as a whole and to prepare a planning-level EIR
on that General Plan Amendment. The EIR would be based on the
Central and Kirker Pass Waste Management Landfill 'EIR' s, the
Bailey Road and Keller landfill submittals, and the CoSWMP EIR
Alternatives Analysis described previously. It would cover the
basic alternatives for developing the site for refuse disposal
uses.
For present purposes, staff recommends that _the 480-acre Kirker
Pass Waste Management Landfill property not be included in the
"Supersite. " Some confusion has resulted from the Kirker Pass
Waste Management Landfill' s recent status as a separate landfill
project in the County solid Waste Management Plan and its
simultaneous inclusion in the "Supersite" as a buffer-only area.
Excluding it from the "Supersite" would leave it to be considered
as a separate landfill project.
Since most of the source material for the General Plan Amendment
and the EIR is already available (Keller landfill material would
be available in about a month) , staff is prepared to start
immediately on processing them. It is estimated that it would
take about five months to bring the EIR to public hearing, and
about seven-nine months before the GPA (and its EIR) would bE
before the Board of Supervisors for decision.
Financial Impacts
Staff has requested the consulting firm which prepared the
Central Landfill EIR to submit an initial scope, of services for
the "Supersite" EIR as a basis for a beginning contract. As was
the case with the Solid Waste Management Plan EIR, the ultimate
cost would depend on the results of the mandatory CEQA scoping
process.
Because the County would be initiating the General Plan Amendment
for the "Supersite" area, it would have to bear the costs of
processing the GPA and its EIR. However, staff believes that the
costs would be essentially recoverable from the landfill project
applicant who would not have to apply for another GPA and whose
EIR requirements for the project would be lessened by the
"Supersite'' EIR.
5.
KELLER LANDFILL GENERAL PLAN AMENDMENT REQUEST
Background
The Board of Supervisors authorizes General Plan Amendments.
Since July of 1984, it has been the Board' s policy to authorize
staff to commence the processing of General Plan Amendment
requests for landfill projects submitted by the private sector.
"Authorizing staff to review the County General Plan as it
pertains to the proposed project" sanctions staff effort without
having to identify the particular components of the County
General Plan which may require modifications at an early stage -
although, it is certain that the Land Use Element will have to be
amended because State law requires waste disposal facilities to
be designated there and the County General Plan does not
pre-designate new landfill sites.
The request for authorization to review the County General Plan
for the Keller Landfill property was submitted to the Board of
Supervisors by Boyd Olney, Jr. , on December 13 , 1988, as part of
a letter of intent to proceed with a sanitary landfill on the
Keller Estate property within the Bailey Central "Supersite. " On
December 20, 1988, the Board referred it to staff for comment.
Authorization of the General Plan Amendment would be consistent
with the Board' s long-standing policy to accept such requests.
It would be consistent with the Board' s previous authorization of
a similar request for the Bailey Road Landfill on the adjoining
Elworthy property (Canyon 1 on the Central Landfill site) within
the Bailey-Central "Supersite. " And, it would implement the
Board' s November 10, 1988, statement of intent to favorably
consider a landfill in this area.
Initiation of the General Plan review would be contingent on
staff ' s acceptance of a Comprehensive Project Description for the
Keller Landfill. The sponsor indicates that initial materials
may be ready within a month, and that a complete report may be
submitted within two months. Acceptance of the Comprehensive,
Project Description would initiate the preparation of a
project-level Environmental Impact Report.
The recommendation that the Board of Supervisors affirm its
intention to approve a Bailey Road-Keller landfill project,
subject to the same qualifications that it attached to its
November 10, 1988, statement of intent to approve the Bailey Road
Landfill, is included here for two reasons. The first is that
some parties supporting or in agreement with a long-term landfill
on the western side of the Supersite" were concerned that lack of
such a commitment could result in the location of a landfill in
the central or eastern portions of the "Supersite" in a few
years. The second reason relates to Recommendations 4a and 4b
with respect to demonstrating a policy commitment to the
development of a new landfill within the County in the next few
years.
Financial Impacts
The costs of a project EIR as well as those for processing a
General Plan Amendment, Rezoning, and Land Use Permit are paid by
the applicant.
6.
SOLID WASTE DISPOSAL FACILITY IMPLEMENTATION SCHEDULE
Background
During a set of meetings between the Attorney General ' s staff and
the California waste Management Board staff with, first, Alameda
and Contra .Costa County staffs (on waste export arrangements)
and, second with Supervisors Fanden and McPeak and County staff,
the CWMB staff asked for an implementable schedule for developing
a County Solid Waste Management Plan and achieving adequate
refuse disposal capacity. The CWMB staff indicated that they
would consider the schedule - and, perhaps ask for changes or
clarification - and discuss it with their Board. If accepted, it
might become part of a compliance agreement between the State and
the County.
The components of the implementation schedule are, primarily, the
schedules for the processing of the County Solid Waste Management
Plan (Recommendation 1, above) , the "Supersite" General Plan
Amendment (Recommendation 2, above) , and the Bailey Road-Keller
Landfill project (Recommendation 3 , above) , together with export
schedules and landfill processing schedules.
Financial Impacts
only routine administrative costs are involved with implementing
this item.
CONSULTANT CEQA TECHNICAL ASSISTANCE
Background
Supervisors have asked staff for recommendations for assistance
as the refuse disposal workload has grown in recent months . The
recommendations have not included requests for consultant
assistance for day-to-day work primarily because no consultants
who were familiar with the Community Development Department' s
routine work were available for assistance, but also because no
body of tasks could be singled-out for a work contract. The
situation has changed, however, and the Department is now
recommending that a consultant who has recently become available
be hired to develop documents which will be needed to process
several refuse disposal projects and also are proposed to be used
in the preparation of the County Solid Waste Management Plan
Environmental Impact Report described above.
Staff proposes to have the consultant develop the CEQA documents
for the Notices of Preparation for the Bailey Road-Keller
Landfill, the Bay Pointe Sanitary Landfill, and the Marsh Canyon
Landfill. The Notice of Preparation materials include routine
forms and notices, but the part justifying the use of the
consultant is the development of extended Initial Study documents
which initially identify potential impacts of the project and are
critical to the scoping of the projects ' Environmental Impact
Reports. The extended Initial Studies are based on detailed
reviews of the applicants' Comprehensive Project Descriptions.
Staff also proposes that the extended project CEQA Initial
Studies be used in the development of the site alternatives
analysis in the County Solid Waste Management Plan' s
Environmental Impact Report.
7 .
If the Comprehensive Project Description for a West County waste
processing and transfer station is submitted in the next several
weeks, staff may request the consultants contract to be amended
to include the development of CEQA Notice of Preparation
materials for it as well.
Financial Impacts
The County would have to initially bear the costs of the
consultants services. However, the costs should be recoverable
through pro-rating them to the 25% staff services surcharge
imposed on consultant contracts for the Environmental Impact
Reports for the waste disposal facility projects.
CAZ: jal
jl3 :rec.brd
Attachments:
Implementation Schedule
Resolution
cc: California Waste Management Board
Disposal Facility Applicants via CDD
Contra Costa County Planning Commission via CDD
Contra Costa County Solid Waste Commission via CDD
County Administrator
County Counsel
County Health Services Department
Contra Costa County Cities
and Franchising Districts via CDD
8.
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 9, 1989, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SUBJECT: TIMETABLE TO COMPLETE COUNTY) Resolution No. 89j
SOLID WASTE MANAGEMENT PLAN j
1 . State law requires each county to prepare a County Solid
Waste Management Plan. The Plan must be approved by the
Board of Supervisors, a majority of the cities containing a
majority of the incorporated population, and the California
Waste Management Board.
2. Approval of the Plan is subject to the California
Environmental Quality Act. The County has determined, with
the concurrence of the California Waste Management Board,
that an Environmental Impact Report is necessary.
3 . In accordance with State law, the Plan must show eight years
of continuous landfill capacity. This_ can be shown by use
of the existing capacity at remaining landfills, reserved
sites ( sites that have a General Plan Amendment as well as
being identified in the Plan) , and fully-executed waste
export agreements with other counties.
4. The Board of Supervisors has reaffirmed its support for the
Bailey Road-Keller Landfill within the Bailey-Central-
"Supersite" identified in the Pian Revision.
5. Contra Costa County is currently in the process of—obtaining
agreements for waste export with other counties, including
Alameda and Solano Counties.
6. Contra Costa County and the California Waste Management
Board have determined that a timetable showing completion of
the Solid Waste Management Plan along with completion of
export agreements and General Plan Amendments for reserved
sites is necessary.
The Contra Costa County Board of Supervisors RESOLVES that:
1 . This Board will expedite completion of . the .. .County,. Solid
Waste Management Plan, the General Plan ^Amendment- ,for- the
Bailey-Keller site in accordance with the attached
timetable.
2. County staff is directed to channel staff resources and
consultants to ensure that the timetable is met.
3. Staff is requested to report to the Board of Supervisors on
a regular basis progress in meeting the timetable and to
update and adjust the timetable as necessary.
4 . Staff is directed to transmit this timetable and its updates
to the California Waste Management Board, counties we are
discussing waste export agreements with, and other public
agencies within Contra Costa County.
Orig. Dept. : Community Development
DO: jal3 :sw.brd
cc: County Administrator
California Waste Management Board via CDD
Solid Waste Commission via CDD
Cities and Sanitary Districts via CDD
Alameda County, via CDD
Solano County, via CDD
Resolution No. 89%
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