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HomeMy WebLinkAboutMINUTES - 06271988 - T.8 s THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 8 Adopted this Order on _June 28, 1988 by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: None ABSTAIN: None --------------------------------------------------------------------- ---------------------------------------------------------------------- SUBJECT: Hearing on Applications by L.E. Weisenburg on Final Development Plan 3024-82 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. The Board of Supervisors on ,Tune 21, 1988 continued to this date the hearing 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, which would require approval of 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 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. Victor Westman, County Counsel, advised the Board that before them today was a recommendation of staff concerning the proposed settlement agreement. The Chairman called upon L.E. Weisenburg and Frederick Jacobsen who both wished to reserve their comments for rebuttal. The following people appeared to speak: Howard Holmes, P.O. Box 244, Bethel Island, representing Bethel Island Municipal Improvement District, commented on issues including percolation, subsidence, the Stone Road Corridor, levee failures, and he introduced Mr. Douglas B. Flett, an engineer specializing in water supply and drainage. Douglas B. Flett, owner, D.B. Flett & Associates commented on these points: Bethel Island Municipal Improvement District' s primary concern about the maintenance and improvement of the levees; its concern about the connection between the old levees and the new levees, the location of the breach, and the threat to the stability of the old and new levees; and its concern about subsidence and seepage. Supervisor Torlakson questioned Mr. Flett on the Stone Road Corridor concern. Mr. Flett responded to Supervisor Torlakson' s concern commenting on the possible width and velocity of the supposed levee break. Zack Cowan, 66 Mint Street, San Francisco, attorney for Bethel Island Municipal Improvement District, requested that the Board not approve the project or certify the Environmental Impact Report as it stands. He commented on issues including the setting of precedent by approving this project, the December 1987 draft policies of the County General Plan, and referenced points in his letter submitted to the 1 Board dated June 28, 1988. He also commented on Bethel Island Municipal Improvement District' s concerns with the conditions. He commented on the need for an additional Environmental Impact Report and that Bethel Island Municipal Improvement District opposes this project. Mr. Cowan also advised that he was delivering a letter to the Board today from People for Open Space. Supervisor Torlakson questioned Mr. Cowan whether BIMID would refuse to grant a permit to breach the levee and whether BIMID would consider legal action against the County should the County proceed on the inadequacy of the the Environmental Impact Report and the inappropriateness of the approval. Mr. Cowan responded affirmatively to Supervisor Torlakson. Howard Holmes made a final comment that Bethel Island Municipal Improvement District is strongly opposed to this project and will use every means within the authority of its charter to oppose it; and they will not grant permits to build homes on top of levees for the reasons given today and will not issue a permit for the breaching of that levee because they feel it is life threatening and they will oppose in Sacramento any efforts made to get permits from the Corps of Engineers and other State and Federal agencies which may be involved. Robert Thresh, 364 Park Lane, Bethel Island, presented in writing several ideas he proffered on the conditions, including condition 22 and insurance coverage. Supervisor Torlakson asked whether an insurance condition could be imposed. Victor Westman, County Counsel, expressed concern about whether the Board may be able to impose that type of condition, but that the greater concern was whether the insurance was available on the market. Tim Donahue, 2412 Cambridge Drive, Antioch, representing the Sierra Club, Delta Group, expressed the recommendation of that group that the project should not be approved as it stands. L.E. Weisenburg Jr. , 29 Sorrento Way, San Rafael, commented on issues including the role of Bethel Island Municipal Improvement District and the maintenance, building on and breaching of the levees, and the merits of his proposed project. Supervisor Torlakson requested clarification on the issue of permits, commenting that the Army Corps of Engineers apparently communicated that there is no existing permit and that the process for a permit would have to be gone through again. Frederick Jacobsen, One Embarcadero Center, #860, San Francisco, attorney for Delta Coves, confirmed the fact that they would have to go back to the Army Corps of Engineers, that the original permit had lapsed and there would be the necessity for formalistic reissuance of the permit in conjunction with submission of the levee design to the Corps. He also commented on the safety issue. Supervisor Torlakson questioned whether the project was paying its own way with respect to fees on the project, and whether the applicant would be willing to pay the million dollars worth of fees that seemed to be different from what other developments on Bethel Island are required to pay at this time. Mr. Jacobsen responded that they would not be willing to do that. Supervisor Fanden questioned staff on the conditions on page 5, item F. Harvey Bragdon, Director of Community Development Department, responded to Supervisor Fanden' s concern. 2 Supervisor Fanden questioned Mr. Jacobsen' s comment that this project decreases the risk and increases the safety to the residents and whether anyone on staff had looked at this and concurred with him on whether it was a greater or lesser risk. Frederick Jacobsen responded that he had been paraphrasing conclusions reached by William Jones in Mr. Jones ' report for the reasons that Mr. Jones gives and that all the reports were submitted to the County Geologist and it was his understanding that the geologist accepted the conclusions of the reports as well. Todd Nelson, County Geologist, commented that he relied pretty much on consultant' s reports on the matter of the protection of the residents along Stone Road by the existing levees whether or not the Delta Coves levees were in place and the final conclusion of the consultant was that there is a net benefit to the islanders, to the residents along the Stone Road. Supervisor Torlakson questioned whether Mr. Nelson had analyzed the issue of building on top of levees in areas where there is potential for levee failure; and did he feel the current levees are totally risk free and that there is not a very big risk of breach on the island. Mr. Nelson responded that he had not analyzed it, just thought about it and did not appreciate the idea of building on top of levees where flooding is of great concern whether subsidence is the cause or whether a rise in the water level is the cause. He commented that it is a poor idea to build on top of a levee. He also commented on the effect of the new levee on the people on the island. Christine Thresh, 364 Park Lane, Bethel Island, commented on the effects of breaks in the levees. Supervisor Fanden expressed concern with item G on page 5 of the proposed conditions. Supervisor Torlakson submitted for the record letters from People for Open Space and Mt. Diablo Audubon Society which register a number of concerns and he moved to close the public hearing. The public hearing was closed. Supervisor Torlakson commented that he was not at all convinced by the written reports or the oral testimony of the applicants and there seemed to still be some very big risks involved in terms of a potential break along the Stone Road corridor. He suggested that to approve the project would be like playing Russian Roulette with levee failure and with the lives and property of the people in that Stone Road corridor and that the Board should deny the project. He commented that the County would subject itself to numerous lawsuits should any damage occur from the project or damage occur from the new levee creating this tunnel effect or canyon effect. He commented that the questions of seepage, the dewatering effect, and the cavities in the levees have not been adequately answered in his opinion. He also commented that he believed with greater credibility the expert testimony of those responsible for the levee system, the BIMID District and its attorney and the County' s own geologist. For those reasons and also for the major reason that this project would not pay its way, he recommended that the Board should declare its intent to deny the project and ask the staff to prepare the necessary findings to present this matter on the agenda again for final action. Supervisor Fanden expressed support for the motion but that it would be clear to her that if Mr. Weisenburg wanted to use his land for a conventional subdivision, that she for one would not have any problem with that. She also commented that the Board' s number one responsibility is the safety of the public. 3 A- V Therefore, IT IS BY THE BOARD ORDERED that the Board hereby DECLARES ITS INTENT not to approve the proposed settlement agreement of Delta Coves vs Contra Costa County, et a1, Contra Costa County Superior Court No. 255111, and Weisenburg vs. Contra Costa County, . USDC No. C-86-5842-MHP; and therefore not to accept the settlement agreement' s proposed certification of the EIR, approval of Final Development Plan 3024-82, and Tentative Subdivision Map for Subdivision 6013 , Bethel Island area; and DIRECTS staff to prepare findings and appropriate documentation for the Board' s consideration and final action. Orig. Dept. : Clerk of the Board cc: Community Development Department County Counsel L.E. Weisenburg 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: PHIL BATUELOR, Clerk of the Board of Supervise sand County Adri ministrator a By: , Deputy 4 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA T. 8 Adopted this Order on _June 28 , 1988 by the following vote: AYES: Supervisors Powers, Fanden, McPeak, Torlakson and Schroder NOES: None ABSENT: None ABSTAIN: None --------------------------------------------------------------------- --------------------------------------------------------------------- SUBJECT: Hearing on Applications by L.E. Weisenburg on Final Development Plan 3024-82 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. The Board of Supervisors on June 21, 1988 continued to this date the hearing 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, which would require approval of 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 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. Victor Westman, County Counsel, advised the Board that before them today was a recommendation of staff concerning the proposed settlement agreement. The Chairman called upon L.E. Weisenburg and Frederick Jacobsen who both wished to reserve their comments for rebuttal. The following people appeared to speak: Howard Holmes, P.O. Box 244, Bethel Island, representing Bethel Island Municipal Improvement District, commented on issues including percolation, subsidence, the Stone Road Corridor, levee failures, and he introduced Mr. Douglas B. Flett, an engineer specializing in water supply and drainage. Douglas B. Flett, owner, D.B. Flett & Associates commented on these points: Bethel Island Municipal Improvement District ' s primary concern about the maintenance and improvement of the levees; its concern about the connection between the old levees and the new levees, the location of the breach, and the threat to the stability of the old and new levees; and its concern about subsidence and seepage. Supervisor Torlakson questioned Mr. Flett on the Stone Road Corridor concern. Mr. Flett responded to Supervisor Torlakson' s concern commenting on the possible width and velocity of the supposed levee break. Zack Cowan, 66 Mint Street, San Francisco, attorney for Bethel Island Municipal Improvement District, requested that the Board not approve the project or certify the Environmental Impact Report as it stands. He commented on issues including the setting of precedent by approving this project, the December 1987 draft policies of the County General Plan, and referenced points in his letter submitted to the 1 Board dated June 28, 1988. He also commented on Bethel Island Municipal Improvement District' s concerns with the conditions. He commented on the need for an additional Environmental Impact Report and that Bethel Island Municipal Improvement District opposes this project: Mr. Cowan also advised that he was delivering a letter to the Board today from People for Open Space. Supervisor Torlakson questioned Mr. Cowan whether BIMID would refuse to grant a permit to breach the levee and whether BIMID would consider legal action against the County should the County proceed on the inadequacy of the the Environmental Impact Report and the inappropriateness of the approval. Mr. Cowan responded affirmatively to Supervisor Torlakson. Howard Holmes made a final comment that Bethel Island Municipal Improvement District is strongly opposed to this project and will use every means within the authority of its charter to oppose it; and they will not grant permits to build homes on top of levees for the reasons given today and will not issue a permit for the breaching of that levee because they feel it is life threatening and they will oppose in Sacramento any efforts made to get permits from the Corps of Engineers and other State and Federal agencies which may be involved. Robert Thresh, 364 Park Lane, Bethel Island, presented in writing several ideas he proffered on the conditions, including condition 22 and insurance coverage. Supervisor Torlakson asked whether an insurance condition could be imposed. Victor Westman, County Counsel, expressed concern about whether the Board may be able to impose that type of condition, but that the greater concern was whether the insurance was available on the market. Tim Donahue, 2412 Cambridge Drive, Antioch, representing the Sierra Club, Delta Group, expressed the recommendation of that group that the project should not be approved as it stands. L.E. Weisenburg Jr. , 29 Sorrento Way, San Rafael, commented on issues including the role of Bethel Island Municipal Improvement District and the maintenance, building on and breaching of the levees, and the merits of his proposed project. Supervisor Torlakson requested clarification on the issue of permits, commenting that the Army Corps of Engineers apparently communicated that there is no existing permit and that the process for a permit would have to be gone through again. Frederick Jacobsen, One Embarcadero Center, #860, San Francisco, attorney for Delta Coves, confirmed the fact that they would have to go back to the Army Corps of Engineers, that the original permit had lapsed and there would be the necessity for formalistic reissuance of the permit in conjunction with submission of the levee design to the Corps. He also commented on the safety issue. Supervisor Torlakson questioned whether the project was paying its own way with respect to fees on the project, and whether the applicant would be willing to pay the million dollars worth of fees that seemed to be different from what other developments on Bethel Island are required to pay at this time. Mr. Jacobsen responded that they would not be willing. to do that. Supervisor Fanden questioned staff on the conditions on page 5, item F. Harvey Bragdon, Director of Community Development Department, responded to Supervisor Fanden' s concern. 2 Supervisor Fanden questioned Mr. Jacobsen' s comment that this project decreases the risk and increases the safety to the residents and whether anyone on staff had looked at this and concurred with him on whether it was a greater or lesser risk. Frederick Jacobsen responded that he had been paraphrasing conclusions reached by William Jones in Mr. Jones ' report for the reasons that Mr. Jones gives and that all the reports were submitted to the County Geologist and it was his understanding that the geologist accepted the conclusions of the reports as well. Todd Nelson, County Geologist, commented that he relied pretty much on consultant' s reports on the matter of the protection of the residents along Stone Road by the existing levees whether or not the Delta Coves levees were in place and the final conclusion of the consultant was that there is a net benefit to the islanders, to the residents along the Stone Road. Supervisor Torlakson questioned whether Mr. Nelson had analyzed the issue of building on top of levees in areas where there is potential for levee failure; and did he feel the current levees are totally risk free and that there is not a very big risk of breach on the island. Mr. Nelson responded that he had not analyzed it, just thought about it and did not appreciate the idea of building on top of levees where flooding is of great concern whether subsidence is the cause or whether a rise in the water level is the cause. He commented that it is a poor idea to build on top of a levee. He also commented on the effect of the new levee on the people on the island. Christine Thresh, 364 Park Lane, Bethel Island, commented on the effects of breaks in the levees. Supervisor Fanden expressed concern with item G on page 5 of the proposed conditions. Supervisor Torlakson submitted for the record letters from People for Open Space and Mt. Diablo Audubon Society which register a number of concerns and he moved to close the public hearing. The public hearing was closed. Supervisor Torlakson commented that he was not at all convinced by the written reports or the oral testimony of the applicants and there seemed to still be some very big risks involved in terms of a potential break along the Stone Road corridor. He suggested that to approve the project would be like playing Russian Roulette with levee failure and with the lives and property of the people in that Stone Road corridor and that the Board should deny the project. He commented that the County would subject itself to numerous lawsuits should any damage occur from the project or damage occur from the new levee creating this tunnel effect or canyon effect. He commented that the questions of seepage, the dewatering effect, and the cavities in the levees have not been adequately answered in his opinion. He also commented that he believed with greater credibility the expert testimony of those responsible for the levee system, the BIMID District and its attorney and the County' s own geologist. For those reasons and also for the major reason that this project would not pay its way, he recommended that the Board should declare its intent to deny the project and ask the staff to prepare the necessary findings to present this matter on the agenda again for final action. Supervisor Fanden expressed support for the motion but that it would be clear to her that if Mr. Weisenburg wanted to use his land for a conventional subdivision, that she for one would not have any problem with that. She also commented that the Board' s number one responsibility is the safety of the public. 3 Therefore, IT IS BY THE BOARD ORDERED that the Board hereby DECLARES ITS INTENT not to approve the proposed settlement agreement of Delta Coves vs Contra Costa County, et a1, Contra Costa County Superior Court No. 255111, and Weisenburg vs. Contra Costa County, USDC No. C-86-5842-MHP; and therefore not to accept the settlement agreement' s proposed certification of the EIR, approval of Final Development Plan 3024-82, and Tentative Subdivision Map for Subdivision 6013 , Bethel Island area; and DIRECTS staff to prepare findings and appropriate documentation for the Board' s consideration and final action. Orig. Dept. : Clerk of the Board cc: Community Development Department County Counsel L.E. Weisenburg I hereby certify that this Is a true and correct copy of an action taken ar d entered on the minutes of the Board of Supervisors on the data shown. ATTESTED: PHIL BAS HELOR, Clerk of the Board of Superviso 3 and County Administrator By 14401, 0 0,0 Deputy 4