HomeMy WebLinkAboutMINUTES - 02131990 - T.7 T.7
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 13 , 1990 by the following vote:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing to consider a General Plan Amendment and a Land Use
Permit No. 2010-90 for the Marsh Canyon Sanitary Landfill
Project.
This is the time heretofore noticed for hearing on the
requests by Waste Management Incorporated of North America
(Applicant) ; Robert Foskett, Jane and William Freitas, Cena and Jerry
Richeson, Phyllis and Herman Schippers, and Naoma and Harry Williamson
(Owners) to amend the General Plan (GPA 4-89-CO II) and for approval
of Land Use Permit 2010-90 to establish a sanitary landfill facility
on a site of approximately 1,123 acres located in the unincorporated
area of eastern Contra Costa County.
The following appeared to speak on behalf of the applicants:
John Rowden who advised that the Marsh Canyon Landfill is to
be owned by Contra Costa Environmental Technologies, which is a joint
partnership of Garaventa Enterprises, Richmond Sanitary Service and
Waste Management of North America, to be operated by Waste Management
of North America. He provided a brief overview of the project.
Sanford Skaggs, 1801 Oakland Boulevard, Walnut Creek,
attorney for the applicant, who spoke to the land use permit issue,
and requested several modifications to the proposed conditions of
approval, including provisions for franchise agreements and rate
regulation process.
The following persons appeared in opposition:
Shawn Guinn, representing the Brentwood City Council and the
East County Community Coalition, submitted to each Board member copies
of letters from the East County Community Coalition in opposition to
the Marsh Canyon site (clerk did not receive a copy) .
Ken Jackson, 16711 Marsh Creek Road, Clayton, President,
Clayton Regency Residents Association.
Wilbert E. Cossel, 16711 Marsh Creek Road, Space #134,
Clayton, Vice President, Clayton Regency Residents Association,
submitted that association' s February 11, 1990, Resolution 90-01 which
requests that applicant provide various mitigation measures.
Mary H. Williams, 13950 Marsh Creek Road, Clayton, Marsh
Creek Association.
Brian Kruse, Route 2, Box 170, Brentwood, Marsh Creek
Association, also suggested mitigations to be provided by the
applicant and commented on the conditions of approval.
Pat O'Brian, General Manager, East Bay Regional Park
District, 11500 Skyline Boulevard, Oakland, appeared in opposition and
requested additional time to review the responses to the EIR.
Eugene Wedge, 3345 Aspara Drive, Clayton, representative of
the Marsh Creek Association, and a concerned citizen, submitted a
written statement.
Charlene Cameron, 16711 Marsh Creek Road, #178, Clayton,
representing Clayton Regency Residents Association, her family and
children.
Nate Fisher, Rt. 2, Box 116, Brentwood.
Earl Clemons, 1800 Lone Oak Road, Brentwood
Jean Last, Rt. 2, Box 725, Brentwood urged the Board to find
another solution.
Bob Kincheloe, 4901 Briones Valley Road, Brentwood.
David Pohl, 2639 E. Cypress Road, Oakley, submitted written
comments.
Gladys Mercer, P. O. Box 196, Oakley, discussed landslides
on Marsh Creek Road.
Dennis Pisila, Contra Costa Water District, 1331 Concord
Avenue, Concord, advised that his comments are the same as given for
the Keller Canyon project earlier this day.
Verna Kurse, 2736 Courtland Drive, Concord.
Elinore Cossel, 16711 Marsh Creek Road, Space #134, Clayton,
representing the Clayton Regency Residents Association..
Christian Vieville, 15675 Marsh Creek Road, Clayton.
Harry Williamson, Sr. , 15800 Marsh Creek Road, Clayton.
Darrell Bolognessi, 260 California Street, Suite 501, San
Francisco, representing the S. H. Cowell Foundation.
David Tam, 6014 College Avenue, San Francisco Bay Chapter of
the Sierra Club.
Don Seferovich, 16800 Marsh Creek Road, Clayton.
Sue Williamson, 15800 Marsh Creek Road, Clayton.
Marilyn Wedge, 3345 Aspara Drive, Clayton,
The following people appeared in favor of the Marsh Canyon
site:
Henry Alker, Vice President of the Pittsburg Chamber of
Commerce, 2010 Railroad Avenue, Pittsburg.
Nancy Parent, 2020 Railorad Avenue, Pittsburg, representing
the City of Pittsburg, urged that a conidition be put on this site
that the developer make an immediate and substantial contribution to
the Delta Expressway.
The following people appeared to speak in general:
Mark Granger, 2131 Debra Court, Pittsburg, advised that he
had problems with both sites, objected to the way the Board has
handled the landfill matter, and urged consideration of a recycling
plant.
Tim Donahue, 2312 Cambridge Drive, urged the Board to make a
decision, and advised that he expected the Board to make the right
choice and to consider public health as the number one concern.
Chair Fanden read the names of persons who had left written
statements in opposition to the Marsh Canyon site:
Ann W. Tom, 130 Eureka Ave. , Brentwood
Sharon Klaucke, 3520 Morgan Territory Road, Clayton
Nancy Hedglen, 1770 Indian Wells Way, Clayton
Jane S. Wolfe, 700 Creek Road, Brentwood
Barbara Van Buren, 2821 Concord Avenue, Brentwood
Beverly Anderson, 2227 Montevideo Drive, Pittsburg
Sherri Richardson, 16711 Marsh Creek, #145, Clayton
Chair Fanden read the names of persons who had left written
statements in favor of the Marsh Canyon site:
Carol J. Covarrubias, 844 Carpetta Circle, Pittsburg
Chuck Vaughn, 2261 Concord Drive, Pittsburg
Mark Mills, 2265 Concord Drive, Pittsburg
Richard Smith, 2258 Concord Drive, Pittsburg
Richard Alsup, 2213 Serrano Way, Pittsburg
Chair Fanden read the names of persons who had left written
statements in opposition to both the Keller and the Marsh Canyon
sites:
Grace M. Jones, 2220 Chestnut Drive, Pittsburg
Alice Parma, 2211 Chestnut Drive, Pittsburg
A gentleman in the audience requested that the letters the
Board received from school children be put into the record.
John Rowden appeared in rebuttal for the applicant and
addressed the concerns heard during the previous testimony.
Supervisor Torlakson requested the applicant to furnish more
detailed information on the issue of potential water contamination and
about the costs differentials.
Mr. Rowden responded to the questions.
Supervisor Torlakson requested Milton Kubicek from the
Contra Costa County Flood Control and Water Conservation District to
address the issues of a drainage area, the watershed and what the
potential might be for spillage out of the site retention basins into
the creek and any threat that might propose.
Milton Kubicek advised that both sites, from the engineering
standpoint, should be able to protect the surface waters from going
down where they are not supposed to go through the landfill site, that
neither site is on a major water course where there will be an active
stream going through the site. He advised that the Flood Control
Division cannot not address impacts you might have from ground water,
but in terms of flood protection, he believed they could, using good
engineering practice, protect either of the sites.
Roy Hawes, Mayor of the City of Clayton, advised that he
wished to rise to answer the question of why is Clayton silent. He
noted that Clayton has not been silent, they have read the EIR, filed
letters, and the City has a position. He noted that the City had
assurances from both landfill proponents that they will answer the
City' s concerns. He urged the Board to proceed with its decisions.
Following discussion of timeframes for receiving written
testimony, the Board agreed to close the oral public testimony and to
leave the record open for written testimony until 5 : 00 p.m. on
February 20, 1990. The vote on the motion was unanimous.
NOW THEREFORE, IT IS BY THE BOARD ORDERED that the public
hearing is closed for oral testimony, that the Board will accept
written testimony until 5: 00 p.m. on February 20, 1990, and decision
is DEFERRED to February 27 , 1990 at 2: 00 p.m.
Supervisor Torlakson outlined a series of questions that he
wanted to ask staff, as well as some of the speakers, stating that he
would like to have answers in writing during the period allowed for
written comments.
U Hereby certify that this Is a true and corroct copy of
an action taken and onftW on tie minutes of the
Board of 8trpervims on the date shown.
AT UTEM /.3 /-??o
PHIL BATCHELOR.c4eW of the Board
Of 8upervISM WM County Administrator
By
cc: Applicant Deputy
Community Development
County Counsel
Public Works
County Administrator