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Home My WebLink AboutMINUTES - 02091988 - T.4 AND T.5 I Iy• T. 4 & T. 5 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on February 9, 1988 by the following vote: AYES: NOES: [multiple motions - see votes below] ABSENT: ABSTAIN: I SUBJECT: Application of Sid Corrie, Jr. , dba Land Waste Management (applicant) and Tom Gentry California Company, et. al. , (owners) to establish the Kirker Pass Waste Management Landfill i and Application of S. and J. Investment (applicant and owner) to establish a sanitary landfill (East Contra Costa Sanitary Landfill Project) . Supervisor Schroder read the ruling he had received from the Fair Political Practices Commission with respect to his voting on the matter before the Board at this time. He then turned over the gavel to the Vice Chair, Supervisor Torlakson, and absented himself from the meeting. The Board ; on January 12, 1988 deferred to this date decisions relating to the application of Land Waste Management for the Kirker Pass Waste Management Landfill Project: I a. ACCEPT the County Planning Commission' s Certification of the Final Environmental Impact Report. b. ADOPT' the General Plan Amendment 24-84-CO and appropriate findings. i C. APPROVE the County Solid Waste Management Plan Amendment to include Kirker Pass Waste Management Landfill project in the Plan, and direct that the amendment be forward to the Cities. d. APPROVE the proposed cancellation of Agricultural Preserve Contract 3-75, and adopt appropriate findings. e. APPROVE the Rezoning Application 2683-RZ and adopt appropriate findings. f. APPROVE Land Use Permit No. 2079-86 (Reopened hearing closed October 27 , 1987) and The Board on January 12, 1988 deferred to this date decisions relating to the application of S. and J. Investments (applicant and owner) to establish the East Contra Costa Sanitary Landfill Project: a. ACCEPT the County Planning Commission' s Certification of the Final Enviro iental Impact Report. b. ADOPT the General Plan Amendment 6-85-CO and appropriate findings. I c. APPROVE the County Solid Waste Management Plan Amendment to include the Ealst Contra Costa Sanitary Landfill project in the 1 Plan, adopt the appropriate findings, and direct that the amendment be forwarded to the Cities. d. APPROVE Land Use Permit No. 2111-86 and adopt appropriate findings. Board members discussed the procedures to be followed with respect to the matters listed on the agenda for the Board' s action. Supervisor Torlakson spoke on the process of permitting landfill site projects and suggested asking staff for a report on the possibility of extending existing sites and of developing a fast track procedure for processing applications. Supervisor ;McPeak suggested adding to the Solid Waste Management Plan the two sites pending before the Board at this time and adding alternative sites and then sending that to the Cities to vote yes or no on each of those proposed amendments and then the majority of the cities with the majority of population would have to vote yes on each of those amendments before they could be listed as a tentative site, and that would then come back to the Board for approval for submission of the Solid Waste Management Plan to the State with one or more sites designated as tentative, noting that if there were support for alternative sites, it would be clear. SupervisorIPowers objected to that proposal commenting that putting alternative sites in the plan does not get the County an approved site. He suggested putting the matter on the ballot and letting the voters decide. Supervisor McPeak requested the Cities represented here today to respond to her proposal. Barbara Price, City of Antioch Councilperson, appeared and declared that she could not answer that question today inasmuch as the matter had not been taken up by the Council, but that if the Board wanted to refer the question, she would take it back to the Council. Nancy Parent, City of Pittsburg Councilperson, appeared and advised that she could not speak for the Council, but that her personal opinion was that if the Board is going to take alternative sites to the Cities', she believed that it ought to take alternative sites outside of East County. Barbara Price advised that the City of Antioch had formed a coalition with the -East Bay Regional Park District and the Contra Costa Water District and that she was the only elected official present from the three agencies, and she was of the opinion that although everyone had worked hard to identify alternatives, it is the responsibility of the Board of Supervisors to identify them and put them in front of the cities. JonathanlCohen, attorney for the applicant for the Kirker Pass Waste Management Landfill Project, commented on the implications of Supervisor Schroder' s ruling from the Fair Political Practices Commission and expressed concern about the process today, and urged the Board members to take action on the applications before them and complete the process which is before them, and if they couldn' t make the decision todayl, to continue the matter for two weeks allowing further examinatioIn of the FPPC ruling. County Counsel noted that the hearings were closed and the merits of the applications should not be addressed by members of the audience without the hearings being reopened. Linda Callon, Attorney for the City of Antioch, the East Bay Regional Park District and the Contra Costa Water District, urged the Board to vote against the East Contra Costa Sanitary Landfill Project site and to put some alternatives in the Solid Waste Management Plan to have a valid plan. 2 Carol Hehmeyer, attorney for the applicant for the East Contra Costa Sanitary Landfill Project, stated that she agreed with Mr. Cohen that the Board should take action today, commenting that the citizens of this County want the Board to act and not have further delays. Silvio GaraI enta, Jr. , applicant for the East Contra Costa Sanitary Landfill Project, commented that it is a difficult process for everyone, and described the positive response to the poll recently undertaken to get thel opinion of the registered voters in the County with respect to his application. Supervisor Powers urged the Board to vote on the matters before it. James Marieiro, 138 Clipper Lane, Martinez, representing the Blum Road Alert group, voiced his objection to locating a landfill on the I .T. pond site. Supervisor McPeak moved to deny Item T. 4, a through f, on the Kirker Pass application. Supervisor Torlakson seconded the motion. The vote onIthe motion was as follows: AYES: Supervisors McPeak and Torlakson NOES: Suplervisors Powers and Fanden ABSENT: Slupervisor Schroder Supervisor Powers moved to place on the February 23, 1988 agenda, decisions on the Kirker Pass Application listed in Item T. 4, a through f, and to put after that the proposed language for an advisory vote for the June, 1988 ballot which he had submitted regarding the Kirker Pass Application, to be acted on in sequence. Supervisor Fanden seconded the motion. Supervisor Torlakson discussed the implications of whether or not the Board should accept the waiver letter from the applicant extending the time for processing the land use permit application. Sid Corrie, owner of the site, urged the matter be continued for two weeks to allow further clarification as to whether Supervisor Schroder could voteiand solve the impasse. He commented that he had spent four years and over $2,000,000 processing the subject site through the permitti ing process. The Chair called for a vote on Supervisor Powers ' motion. The vote was as follows: AYES: Supervisors Powers and Fanden NOES: Supervisors McPeak and Torlakson ABSENT: Supervisor Schroder Supervisor Powers moved to adopt the recommendations listed in Item T. 5. a through d, approving the applications for the East Contra Costa Sanitary Landfill site. Supervisor Fanden seconded the motion. The vote ion the motion was as follows: AYES: ISupervisors Powers and Fanden NOES: Supervisors McPeak and Torlakson ABSENT: Supervisor Schroder Supervisor Powers moved to continue for decision the actions listed under T.5 for two weeks; and also as an alternative, if a stalemate still exists on this matter, that it be placed on the June ballot as and advisory measure. Supervisor Fanden seconded the motion. The vote was as follows: 3 i AYES: . Supervisors Powers and Fanden NOES: Supervisors McPeak and Torlakson ABSENT: Supervisor Schroder Supervisor Torlakson requested that his requests for review of the landfill site application process and identification of steps that could be taken to shorten the total time for process, and for a report on an analysis on the remaining capacity at existing landfill sites be placed on the Board' s February 23 , 1988 agenda. Supervisor ;Powers requested that the February 23 , 1988 agenda also include fior the Board' s consideration proposed text for an advisory ballot measure. hereby certify that this Is a truo end correct copy of an action taken and entered on the minutes of tho Board of Supervisorp on the date shown. ATTESTED: �C�� PHIL BATCHELOR,C14rkof she Board of Supervisors and County Administrator cc: Community Development �� _ r 1psa4 County Counsel ; County Administrator Board of Supervisors Members Attorney for Ki,rker Pass Application Attorney for East Contra Costa Landfill Application Attorney for City of Antioch, EBRPD, and CC Water Dist. Attorney for the City of Pittsburg i I I f I i i I I i 4