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HomeMy WebLinkAboutMINUTES - 05171988 - T.7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 7 Adopted this Order on May 17, 1988 by the following vote: AYES: Supervisors Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: Supervisor Powers ABSTAIN: None --------------------------------------------------------------------- SUBJECT: Hearing on Applications by L.E. Weisenburg on Final Development Plan 3024-83 and Subdivision 6013 in the Bethel Island Area and Consideration of Settlement Agreement Relative to Delta Coves v. Contra Costa County and L.E. Weisenburg v. Contra Costa County. This being the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the applications by Delta Coves and L.E. Weisenburg (applicant and owner) for approval of a Tentative Subdivision Map to create 495 Single Family lots and 65 townhouse lots with several commercial lots, 140 berths and common area (Subdivision 6013) and for approval of Final Development Plan 3024-82 to construct the above project located on Bethel Island, served by Bethel Island Road and bounded by Gateway Road on the north and Stone Road on the south in the Bethel Island area; and to consider a settlement agreement for Delta Coves v. County of Contra Costa, et al, Contra Costa County Superior Court No. 255111, and Weisenburg v. Contra Costa County, USDC No. C-86-5842 MHP. Karl Wandry, Community Development Department, described the project site location and presented a brief history of the project. He requested that the Board first determine whether they wished to settle out of Court and that the settlement agreement would include approval of the project with the conditions before the Board. He commented on the modified condition #6 he had just presented to the Board, and the $1,800 per unit fee to address this project' s responsibility relative to the bridge and off site improvements. Mr. Wandry recommended. that the Board open the hearing, take testimony, close the hearing and defer decision to June 14, 1988 and approve the settlement agreement and the stipulation of entry of judgment. Supervisor Torlakson commented that people had contacted him relative to the availability of material and reports before the Board today on the project and he requested clarification of the process for circulation of documents and. reports and studies on the project and. questioned whether they were circulated to the Army Corps of Engineers and any State and Federal geology agencies doing work in the Delta for their review and comment. Karl Wandry responded to concerns of Supervisor Torlakson relative to noticing and circulation of documentation and circulation of material to agencies, including the Army Corps of Engineers. Supervisor Torlakson requested information on the various fees for the project. Karl Wandry clarified the various fees being paid by the applicant. The public hearing was opened and the following people appeared to speak in favor of the project: Frederik A. Jacobsen, One Embarcadero Center, #860, San Francisco, attorney for the applicant, introduced the individuals who would be speaking before the Board on various aspects of the project, and presented curriculum vitae for William F. Jones, P.E. and Ray B. Krone, experts who had submitted reports, copies of which were not submitted to the Clerk of the Board. He commented on the circulation of documentation to the Army Corps of Engineers and on Condition #11 of the project. L.E. Weisenburg, Jr. , 29 Sorrento Way, San Rafael, representing Delta Coves, presented a brief history of the project and requested approval of the plan before the Board of Supervisors with the conditions as submitted. Dr. Ray Krone, 645 Coolidge Street, Davis, commented on the studies done on flushing of the proposed Delta Coves lagoons for the purposes of determining the flushing adequacy for the control of nuisances and for the purpose of modifying the plan if necessary to achieve adequate flushing. He commented that the project as proposed should not have an algae problem. William F. Jones, 865 Woodside Way, San Mateo, Geotechnical Engineer, addressed issues including liquifaction, soil. removal and replacement, compaction, subsidence, and addressed the effects of the rising water of the sea surface and rising water in the ground on the levees. Frederik Jacobsen responded to a question by Supervisors relative to soil compaction. He referred the Board to Condition 13 of the Conditions of Development addressing the requirement for a soils engineer. The following persons appeared in opposition to the project: Constance Brady, 2690 Taylor, Bethel Island, representing the Bethel Island Area Association, expressed the need for more time to review the documentation and extra reports and requested the Board continue the matter leaving the public hearing open so that they could obtain experts to testify. Howard Holmes, Box 346, Bethel Island, requested more time for the opportunity to study the material that was delivered to the Bethel Island Municipal Improvement District last Thursday. Jerry Donahue, 3506 Stone Road, Bethel Island, representing S.O.S. Citizens Committee, commented on issues and concerns including circulation, changes in the current plan, the traffic study, the Krone Report, the effect of the installation of the sewer system on his property, and the levee breach. Supervisor McPeak commented that the concerns that Mr. Donahue had raised today and has raised in the past are the reasons that the Board of Supervisors wanted additional environmental studies and investigation, and that the Board had responded to concerns raised by the citizens of Bethel Island, and is here now responding to litigation. Mr. Donahue, representing the Bethel Island Area Specific Plan Advisory Committee, commented that last week the committee voted in opposition to this project, and levee breaching. Vittorio Museo, 1088 Skyline Drive, Daly City, expressed concerns on issues including the bridge access to the island, sewage disposal, and the supply of fresh water for residents of the island. Robert Thresh, 364 Park Lane, Bethel Island, requested a change in the language of the conditions relative to responsibility for levee maintenance to include a successor agency to the Bethel Island Municipal Improvement District and including a condition for the provision of insurance to protect the island .against loss. He also commented on Condition No. 18 and adding to comply with the parameters of Bethel Island Municipal Improvement District. Frederik Jacobsen spoke in rebuttal on issues including differences on the proposed levees now and the configuration in the environmental impact report in 1977, circulation, the traffic study, fees, and sewers. He expressed the intention for the Bethel Island Municipal Improvement District or an independent agency to be responsible for the maintenance of the levees. Supervisor Torlakson advised that he would suggest that this matter be continued for two weeks for adequate time to review and follow-up on concerns and issues raised today. He recommended that the applicant contact Bethel Island Municipal Improvement District and discuss the issues and concerns with them. He requested copies of the studies submitted by the applicant and he requested staff to prepare a list of the fees that are charged and contemplated in the Specific Plan and the fees that are contemplated in the proposed agreement, commenting that it is a vital issue that the project pay its .own way. He advised that the condition for the provision of additional police services has been applied to projects in the East County for approximately a year. He recommended continuing the hearing to June 7, 1987. IT IS BY THE BOARD ORDERED that the hearing on the above matter is CONTINUED to June 7, 1988 at 2: 00 p.m. L.E. Weisenburg commented on the availability of the material and documentation on this matter and requested the Board to reconsider its past motion and take action on the project today. Supervisor Torlakson reiterated the need to have further time to have full public input and review of the information that has been put together. He requested the applicant and staff to consider the matter of insurance or a bond against something happening during the breach of the levee. He requested further information from staff, the County Geologist and the applicant' s geologist on the question of the weight of the water and what the effect will be on the levees, the effects of the weight of all the water in the lagoon on the island in. terms of subsidence or pushing up water in other. locations or damaging the levees themselves. He requested staff to inform the Army Corps of Engineers about the project and the data that has been submitted, and invite them to appear before the Board. s,.< ..�g C• '�t'9;�°heft this is a true and orrect ccrsy of aa; action taken and entered on the minub s of 1110 e,o and of Supervisors on the date shown. PHIL 13ATCHEL0 , Clert of the Sourd of Supervisors and County, drninlstrgtar Deputy Orig. Dept.: Clerk of the Board CC: Community Development Department County Counsel Delta Coves L.E. Weisenburg, Jr.