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HomeMy WebLinkAboutMINUTES - 10091990 - EA.1 TO: BOARD OF SUPERVISORS Contra FROM: FROM: ENVIRONMENTAL AFFAIRS COMMITTEE SUPERVISOR TOM TORLAKSON, CHAIR . SUPERVISOR NANCY FAHDENM Co untyJq T{. t1 DATE: SEPTEMBER 27 , 1990 SUBJECT: STATUS OF BAY POINTE LANDFILL SITE SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. . Determine that the Bay Pointe Landfill site is no longer a viable planned landfill site. 2 . Authorize staff to inform the Local Agency Formation Commission that the Bay Pointe site is no longer covered by the Board's July 28, 1987 landfill site protection policy. 3 . Direct the County Community Development Department to initiate a General Plan Amendment to remove the Bay Pointe site from the County General Plan. BACKGROUND/REASONS FOR RECOMMENDATIONS The Environmental Affairs Committee at its September 24, 1990 meeting considered a request from the Community Development Department for policy direction on the status of the Bay Pointe Landfill site (see attached memorandum) . The Department noted that it is assigned to advise the Local Agency Formation Commission on the status of the _Bay Pointe site relative to the Board of Supervisors' July 28, 1987, landfill site protection policy, and that changed conditions warranted a policy inquiry. The changed conditions included the Department's understanding that the purpose of the annexation was to facilitate residential development. The Department further noted that the very close proximity of the originally-proposed landfill project's footprint to the site's boundary could be disadvantageous to designing residential projects on the adjoining land, while the presence of close-in residences could be detrimental to a future landfill project's meeting air quality and noise requirements. CONTINUED ON ATTACHMENT: xx YES SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR xxx RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S) : --- Supervisor IGNATURE(S) : ---Supervisor Tom Tor lakson, Chair Supervisor ncy Fanden ACTION OF BOARD ON October 9, 1990 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: I I, I I I, .v NOES: Iv ACTION TAKEN AND ENTERED ON THE ABSENT: I ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Orig: Community Development Department ATTESTED cc: County Administrator PHIL BATCHELOR, CLERK OF Health Services Department THE BOARD OF SUPERVISORS City of Pittsburg (via CDD) AND COUNTY ADMINISTRATOR California Land Research (via CDD) North State Development Co. (via CDD) BY , DEPUTY CAZ:gms ea:BayPoint.bo Status of Bay Pointe Landfill Site Continued - Page 2 Representatives of the two companies controlling the Bay Pointe site, California Land Research and the North State Development Company, appeared and reported to the Committee that neither intended to pursue a landfill development -project on the properties. Both indicated that they would communicate their positions to the Board of Supervisors. The Committee concluded that this would be an appropriate time for the Board to discontinue its protection of the Bay Pointe site because: 1) the proposed landfill no longer had a project sponsor, 2) the site had no viability for landfill development in the foreseeable future because of the U.S. Navy's Explosives Safety Easement, 3) protection of the site would be detrimental to the area's use for other desirable land uses proposed by the site's owners and the City of Pittsburg, and 4) the Board has approved another project (the Keller Canyon Landfill) on adjoining land to the east of Bailey Road. CAZ:gms ea:BayPoint.bo Attach: CDD Memorandum to EA Committee _J CONTRA COSTA COUNTY COMMUNITY DEVELOPMENT DEPARTMENT TO: Environmental Affairs Committee DATE: September 24, 1990 Supervisor Tom Torlakson Supervisor Nancy C. Fanden FROM Harvey E. Bragdon, Director of Community Development By: Charles A. Zahn, Assistant Director . C_]! z_ SUBJECT.• Policy Direction: Bay Pointe Landfill Site The Community Development Department asks policy direction from the Board of Supervisors regarding the current applicability of-the Board's July 28, 1987 landfill site preservation policy to the proposed Bay Pointe Sanitary Landfill. Accordingly, the Department is initiating this request for Board direction with the Environmental Affairs Committee. The Local Agency Formation Commission (LAFCO) staff has requested the Community Development Department for a County position statement on the site because the adjoining area to the north is proposed to be annexed to the City of Pittsburg. A segment of Bailey Road adjoining the Keller Canyon landfill site is also included in the annexation proposal. The Bay Pointe site itself is not included in the proposed annexation. Previously, LAFCO excluded it from an action extending the City's Sphere-of-Influence to the area now proposed to be annexed in recognition of the Board's site protection policy. Ordinarily, staff would routinely advise LAFCO that the Bay Pointe site is subject to the Board's protection policy, but because it falls outside of the area to be annexed the County's only. concern is that access to the site by way of new road connections to Highway 4 be retained. Staff is raising the policy issue at this time partially because there is concern that the Bay Pointe landfill project is no longer viable, but mainly out of.concern that the possibility of nearby residential development --potentially closer than the distances-between landfill footprints and homes for the Keller Canyon and Marsh Canyon landfills -- could make the Bay Pointe landfill substantially less viable. Since the Sphere-of-Influence was extended, the Board has approved the Keller Canyon and Marsh Canyon landfill projects, but the Bay Pointe project sponsor, California Land Research, has made no submittals to the County since late 1988, and the application remains incomplete. There has been no change to the U.S. Navy's position that the large portion of the landfill site in the Navy's Explosives Safety Easement cannot be used for a waste disposal facility. ry Additionally, the Department understands that the applicant did not renew the option on part of the property. These events indicate that California Land Research's Bay Pointe Landfill project is no longer a viable project. If revived, the Bay Pointe site would be two to three years behind the Keller and Marsh sites in the permitting process. The site viability question is raised because the landfill footprint would come to within 200-600 feet from the property boundary in four locations. The configuration of the site and its topography offers little latitude in where the footprint.could be placed. Staffs experience with the Bay Area Air Quality Management District's new toxics risk assessment criteria indicate that more separation may be required. California Land Research's previous noise analysis, and presumably its un-submitted traffic analysis, were also predicated on the adjoining land being open space. There are arguments for retaining the Bay Pointe Site as well as for discontinuing recognition of it. The landfill problem, which led to the Board's site protection policy, is not fully resolved. Both Keller and Marsh might be stopped by lawsuits or regulatory agency actions. With the failure of the East Contra Costa (Garaventa) site to win the electorate's approval in June, the only other project which is still technically alive is the Kirker Pass landfill, which the Board has taken off the General Plan. From a negotiating standpoint, continued attrition reducing the five CoSWMP-General Plan sites to two is difficult to explain to other counties and to the State, despite the good reasons for the attrition. Discontinuing recognition of the site would involve removing it from the County General Plan. The Board's findings of October 10, 1989, adopting the Combined (five-site) General Plan Amendment provided that the Board itself would initiate General Plan Amendments removing sites which failed to proceed after three years. But, only one year has passed since that provision was adopted. Furthermore, neither the original applicant nor the current owners of the site have withdrawn their letter of intent nor have they, the new landowners, or the City asked that the site be removed from the County General Plan. Regardless of the outcome of the Bay Pointe landfill issue, the annexation and development of the land west of Bailey Road between Highway 4 and the Concord Naval Weapons Station could affect the use and development of Bailey Road itself. Bailey Road is the access road linking the Keller Canyon Landfill to Highway 4. Staff proposes to advise LAFCO that preservation of the Bailey Road corridor for landfill traffic remains Board policy. CAZ.jal jl58:eac2.mem