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HomeMy WebLinkAboutMINUTES - 12041990 - IO.12 I .0.-12 T'o: -0 ji4OARD OF SUPERVISORS s-_-L Contra FROM: Costa n INTERNAL OPERATIONS COMMITTEE x' ; 4° County DATE: °OsTcTy. November 26, 1990 -q SUBJECT: APPOINTMENTS TO THE MARSH CANYON LANDFILL CITIZENS' ADVISORY COMMITTEE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS• 1. Acknowledge receipt of the report from the County Counsel' s office, indicating that the Board' s approval on October 2, 1990 of a September 24, 1990 report from the Internal Operations Committee in no way violates the conditions of approval of the Land Use Permit for the Marsh Canyon Landfill Site. 2 . Confirm the Board' s decision of October 2, 1990 to establish a Citizens' Advisory Committee for the Marsh Canyon Landfill Site, specifically to be a 16 members Advisory Committee, as follows: ORGANIZATION NUMBER OF SEATS City of Antioch 1 City of Brentwood 1 City of Clayton 1 Oakley Municipal Advisory Council 1 Marsh Creek Association 1 Clayton Regency Mobile Home Park Association 1 Environmental Organizations 2 East County Regional Planning Commission 1 Transplan 1 Commercial and Industrial Firms 2 Brentwood Park and Recreation District 1 Human Services Council 1 Contra Costa Water District 1 East Bay Regional Park District 1 TOTAL 16 CONTINUED ON ATTACHMENT: YesYESSIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOA D COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON ip1'emhpr 4, 1 9 n APPROVED AS RECOMMENDED X OTHER VOTE OF SUPERVISORS _ I HEREBY CERTIFY THAT THIS IS A TRUE X UNANIMOUS(ABSENT ) 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. CC: Appointees ATTESTED � �'� V, /990 County Administrator PHIL BATCHELOR,CLERK OF THE BOARD OF County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR Ray Valone, CDD M382 (10/88) BY DEPUTY 3 . Appoint the following individuals to the Citizens' Advisory Committee: Pete Laurence, representing the City of Clayton Mary Williams, representing the Marsh Creek Association Vic Catanzaro, representing the East County Regional Planning Commission Barbara Guise, representing Transplan John Gregg, representing the Contra Costa Water District Kevin Shea, representing the East Bay Regional Park District 4. Request staff from the Community Development Department to solicit nominees from the remaining members of the Citizens' Advisory Committee and return those nominations to our Committee on January 7,. 1991. In this regard, request the Clayton Regency Mobile Home Park Association to nominate one of its residents who is not also an officer of the Marsh Creek Association. BACKGROUND: Our Committee last report to the Board of Supervisors on this subject October 30, 1990, at which time the Board of Supervisors asked that the names of all nominees for the Citizens' Advisory Committee for the Marsh Canyon Landfill Site be reported to our Committee on November 26, 1990. The Board of Supervisors also asked County Counsel to comment on Mary Williams' letter alleging that the Board of Supervisors ' October 2, 1990 action violated or conflicted with the conditions of approval of the land use permit, for the Marsh Canyon Landfill. On November 26, 1990 our Committee received and reviewed the attached memorandum from the County Counsel' s office dated November 20, 1990 and the attached memorandum dated November 26, 1990 from the Community Development Department staff providing the status of the nominations for each of the 'seats on the Citizens' Advisory Committee. I Based on the attached memoranda and the Board's orders on this subject dated October 2, 1990 and October 30, 1990 we have agreed to make the above recommendations to the Board. We will make a further report on this subject following our January 7, 1991 meeting. F -2- COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA Date: November 20, 1990 To: Internal Operations Committee From: Victor J. Westman, County Counsel By: Lillian T. Fujii, Deputy County Counsel Re: Appointments to the Citizens Advisory Committee For the Marsh Canyon Landfill SUMMARY: The Internal Operations Committee's September 24, 1990 recommendation, approved by the Board on October 2, 1990, concerning establishing a Citizens' Advisory Committee for the Marsh Canyon Sanitary Landfill, does not conflict with the provisions of Condition of Approval No. 11. 2 of the land use permit for the landfill. In addition, any possible conflicts between the committee's recommendation and the land use permit condition are not material and in no way detract from the Board's apparent intent in requiring the formation of a local advisory committee. BACKGROUND: On October 2, 1990, the Board of Supervisors approved a September 24, 1990 recommendation from the Internal Operations Committee on the establishment of a Citizens Advisory Committee 'for the Marsh Canyon Landfill. On October 11, 1990, Mary H. Williams, President of the Marsh Creek Association, wrote a letter to the Internal Operations Committee asserting that the Committee's recommendation conflicted with land use permit Condition of Approval No. 11 .2 for the landfill . This office has been requested to review Ms. Williams' letter to determine whether the Board's October 2, 1990 action conflicts in any way with said condition of approval. DISCUSSION: Land use permit Condition No. .-11 .,2 for the Marsh Canyon Sanitary Landfill, regarding the formation of a local advisory committee, reads as follows : v + • , a Internal Operations Committee -2- November 20, 1990 "Local Advisory Committee. The Community Development Department shall organize and the Landfill developer shall participate in a local advisory committee, consisting of elected representatives of local residents and neighborhood associations, to comment and advise on the development of the Landfill and its operations . The Board of Supervisors may sanction the Local Advisory Committee as an official County committee. The committee shall be established as soon as reasonably possible after the Board of Supervisors' approval of the Land Use Permit. Meetings of the committee, shall be initiated following _ the approval of a Land Use Permit and shall be held at least quarterly through the first two years of Landfill operation. Subsequently, meetings may be held annually, . but with the provision for meetings on call by the chair or the written request of 3 or more members. The County Health Services Department shall be notified at least 10 days in advance of all meetings . Subjects for consideration at meetings will include but shall not be limited to safety and emergency procedures, Landfill-related traffic problems, screening of visual impacts and problems of litter, odor, and noise control . Meeting agenda also may include discussion of reports on the Landfill construction, operation and maintenance. The Landfill operator shall provide reasonable access to the landfill arranged through the Community Development Department. A surcharge on the tipping fee may be used to fund the advisory group's operations . " Emphasis added. ) First, Ms . Williams objects to the proposed composition of the Citizens' Advisory Committee, which is tentatively set to include representatives from the following: * * * City of Antioch; * * * City of Brentwood; * * * City of Clayton; * * * The Oakley Municipal Advisory Council; * * * The Marsh Creek Association; Internal Operations Committee -3- November 20, 1990 * * * The Clayton Regency Mobilehome Park Association; * * * One or more representatives from environmental organizations; * * * The East County Regional Planning Commission; * * * The East County Transportation Committee (Transplan) ; * * * One or more representatives from commercial or industrial firms which will be served by the Marsh Canyon Landfill site; * * * One or more representatives from park and recre- ation districts and health or human service providers in the area; * * * The Contra Costa Water District; and * * * The East Bay Regional Park District. Ms. Williams asserts that the inclusion of representatives of the East County Regional Planning Commission, the East County Transportation Committee, and representatives from commercial or industrial firms which will be served by the Marsh Canyon Landfill site conflicts with the LUP condition because such representatives are not elected by local residents or by neighborhood associations . . In our opinion, inclusion of these other members on the Local Advisory Committee would not conflict with Condition No. 11 . 2. Condition No. 11 .2 requires that the committee consist of "elected representatives of local residents and neighborhood associations. " However, it does not limit membership on the committee to people meeting this description. Under the terms of the condition, there is no limit on what the committee may consider with respect to the construction, operation and maintenance of the landfill. It appears to our office that a broad range of experience and expertise on the committee will aid in the committee's effectiveness and credibility. In fact, one of the subjects that the committee must consider is traffic problems related to the landfill. A representative from the East County Transportation Committee. would provide invaluable assistance and information to the committee. In addition, Ms. Williams objects to language in the "background" section of the Board Order providing that the I .O.C. will recommend the precise composition of the advisory Internal Operations Committee -4- November 20, 1990 committee and the individual members of the advisory committee . . . following our October 22, 1990 meeting. " Ms. Williams asserts that this background statement, that the precise composition of the Citizens' Advisory Committee will be recommended by the Internal Operations Committee, conflicts with language of LUP Condition 11.2 providing that membership in the Local advisory Committee " [consist] of elected representatives of local residents and neighborhood associations, " because the Internal Operations Committee's recommendation as to membership indicates that "these representatives would not be elected by their groups . " In our opinion, Condition of Approval No. 11 . 2 does not grant to neighborhood associations the right to choose their representative on the Citizens Advisory Committee. The condition states that the Local Advisory Committee will include elected representatives of local residents and neighborhood associations . The plain meaning of the condition is that the committee should include local elected officials and representatives of neighborhood associations . Although it is not expressly stated in the condition, it is understood that the Board of Supervisors, having required the formation of the committee and having provided guidelines for the committee's composition, has the right to appoint the members of the Board's committee. Even if this office had agreed on a technical level with Ms . Williams, that the Board's recommendation conflicted with Condition of Approval No. 11 . 2, it is our opinion that the conflicts are non-substantive in nature. The Board' s recommendation unquestionably complies with the spirit and purpose of section 11 . 2 which is to form an advisory body, to include representatives of affected local residents, to advise the Board on' the construction, operation and maintenance of the landfill. LTF/jh J-5:a:\1tf\me1no\marsh.f CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 26 , 1990 TO: Internal Operations Committee FROM: Ray Valone, Project Planner SUBJECT: MARSH CANYON SANITARY LANDFILL LOCAL ADVISORY COMMITTEE On October 22, 1990 , the Internal Operations Committee (IOC) requested that our department report back to the IOC regarding the nominees for the advisory committee. A letter was sent and follow- up calls made to the agencies and organizations which will comprise the committee. The following list reflects the response from these bodies to date. REPRESENTATIVE ORGANIZATION NOMINEE STATUS 1. City of Antioch ( 1) Will name on 12-11-90 2. City of Brentwood ( 1) Will name on 11-21-90 3 . City of Clayton ( 1 ) Pete Laurence 4. Oakley Municipal Advisory Will name on 12-4-90 Council ( 1 ) 5. Marsh Creek Association ( 1 ) Mary Williams 6. Clayton Regency Mobile Home Park. Will Cossel (requests Association ( 1) additional member) 7. Environmental organizations ( 2 ) Audubon declined; Sierra Club consider 8 . East County Regional Planning Vic Catanzaro Commission ( 1) 9. Transplan ( 1 ) Barbara Guise 10. Commercial and Industrial firms ( 2 ) *Name after formation 11. Park & Recreation District (l) , Will name in January Human Service provider ( 1 ) Human Ser. Council will name a. s.a.p. 12. Contra Costa Water District ( 1 ) John Gregg 13 . East Bay Regional Park District ( 1 ) Kevin Shea RV\ rpvl:MCLComm.IOC December 10 , 1990 MARSH CANYON SANITARY LANDFILL LOCAL ADVISORY COMMITTEE APPOINTEES Appointee 1 . Pete Laurence City of Clayton P.O. Box 380 Clayton, CA 94517 2. Mary Williams Marsh Creek Association 13950 Marsh Creek Road Clayton, CA 94517 3 : Vic Catanzaro East County Regional Planning Commission P.O:Box 1339 Bethel Island, CA 94511 4. Barbara Guise Transplan Committee City of Brentwood 708 Third Street Brentwood, CA 94513 5. John Gregg Contra Costa Water District P.O. Box H2O Concord, CA 94524 6. Kevin Shea East Bay Regional Park District 11500 Skyline Boulevard Oakland, CA 94619