HomeMy WebLinkAboutMINUTES - 10081991 - 2.3 2. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 8 , 1991, by the following vote:
AYES,: Supervisors Torlakson, McPeak, and Powers
NOES: Supervisors Fanden and Schroder
ABSENT: None
ABSTAIN: None
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SUBJECT: Report from Director of Community Development on the
Final Certificate of Cancellation for Keller Canyon
Landfill Williamson Act Land Conservation Contract.
On September 24, 1991, the Board of Supervisors deferred
to this date the consideration of the report from the Director of
Community Development recommending adoption of a resolution
approving the final Certificate of Cancellation for Keller Canyon
Landfill' s Williamson Act Land Conservation Contract and a portion
of another Land Conservation Contract.
The following persons appeared to speak:
Kenneth C. Scheidig, 2530 Arnold Drive, Martinez,
attorney representing the City of Concord, commented on a letter he
submitted dated October 7, 1991 and a letter from Remy and Thomas
on behalf of the City of Pittsburg. He also spoke on the various
permits required, and urged the Board not to take action today with
respect to the cancellation of the Williamson Act because in his
opinion the Board could not do so under Government Code Section
51283. 4.
Victor Westman, County Counsel, responded that he did
not agree with Mr. Scheidig' s position, and he commented on Reso-
lution 90/415 adopted in 1990 which provided two conditions for the
cancellation, payment of the fee and that they obtain a Land Use
Permit. Mr. Westman advised that the matter was ready for the
Board' s consideration.
Charles Zahn, Community Development Department, ex-
plained that the Solid Waste Facilities Permit is an operating
permit traditionally issued at the end of the permitting process,
and that it was his understanding that all major permits have been
obtained by the project sponsor.
Tom Bruen, 1990 N. California Boulevard, Walnut Creek,
representing Browning Ferris Industries, commented on issues
including that the Government Code Section cited by Mr. Scheidig
was not the applicable section with respect to the cancellation for
the Keller Canyon project. He advised that the cancellation fee
had been paid on September 23 , 1991 and a Land Use Permit had been
obtained, and that this was a ministerial act.
Supervisor Torlakson advised that he did not support the
cancellation because there was another piece of land available for
this use. Mr. Torlakson also commented on questions including
recycling and the effect on the volume of waste, the effect of only
one landfill on the rates, and the timetable for the landfill
issues. Supervisor Torlakson also requested clarification on the
issue of moving heavy equipment in the City of Pittsburg.
Mr. Bruen responded that the City of Pittsburg required
obtaining a hauling permit for one city block of Bailey Road which
the City has refused to give, and that they had all the necessary
permits from Cal Trans.
Supervisor Schroder commented on the Board' s history of
wanting to pursue two sites for landfill, and commented on the need
to take consistent action, and he advised of the effect of delays
in pursuing a landfill site on the export agreements.
Supervisor Schroder moved the staff recommendations and
the adoption of the resolution approving the final Certificate of
Cancellation of the Keller Canyon Landfill' s Williamson Act Land
Conservation Contract.
Supervisor Fanden seconded the motion.
Supervisor Torlakson clarified that while the Board had
pursued multiple sites, there was the question of whether two sites
can operate.
Supervisor Powers questioned the timing within which the
decision must be made.
Mr. Westman responded that the Board had 30 days from
the date which the fee was paid, September 23 , 1991.
The Board discussed with staff the permits required for
the Keller Canyon Landfill project.
Mr. Westman requested that the Board defer the decision
on this matter to allow time to review the code section in ques-
tion.
The Board discussed deferring the decision.
Supervisor Torlakson moved a substitute motion to
continue this matter for one week.
Supervisor McPeak seconded the motion.
IT IS BY THE BOARD ORDERED that consideration of the
above matter is CONTINUED to October 15, 1991.
I t,ereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Su o on hedate hown
ATTESTED: 1 19
PHIL BATCHELOR,Clerk o the Board
911jupervisnMand Cour 11nistrator
By ,Oeauty
cc: Community Development
County Counsel