HomeMy WebLinkAboutMINUTES - 07101990 - H.7 ` H.7
BOARD OF SUPERVISORS, COUNTY OF CONTRA COSTA
Adopted this Order on July 10, 1990 by the following vote:
AYES: See votes below
NOES:
ABSENT:
ABSTAIN:
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SUBJECT: Decision On A General Plan Amendment, A Williamson Act
Cancellation, Minor Subdivision, Rezoning And Land Use
Permit For the Keller Canyon (Keller-Bailey) Landfill.
This is the date heretofore noticed for decision on a General
Plan Amendment, A Williamson Act Contract Cancellation, a Minor
Subdivision, Rezoning, and Land Use Permit for the Keller Canyon
(Keller-Bailey) Landfill.
Phil Batchelor, ' Clerk of the Board of Supervisors and County
Administrator, commented on the two landfill sites before the Board
for consideration today. He advised that a representative from each
of the sites would address the Board on the positive aspects of making
their sites viable without doing unnecessary damage to the
competition.
Sanford M. Skaggs, representing Waste Management, the sponsor of
the Marsh Canyon site, spoke on the intent of Waste Management to
proceed in a positive manner despite provocations he outlined. In
expressing the current positive intent, he advised of the reservation
of the right to change those intentions should competitive reasons
dictate.
Tom Bruen, attorney for the Keller Canyon Landfill Company,
commented on a letter he presented expressing the intention of Keller
Canyon Landfill Company and Browning Ferris Industries.
Harvey Bragdon, Director of Community Development, advised of two
documents provided to the Board, one dated July 10, 1990 containing
further revisions to the Keller Canyon Landfill conditions of approval
and he recommended inclusion of those changes in the conditions of
approval, and he commented on findings that reflect the Board' s
actions.
Charles Zahn, Community Development Department, presented the
staff report on the matter before the Board today.
The Chair advised that the hearing on this matter was closed and
the matter was before the Board for decision today.
Mr. Warren Smith, 1100 Bailey Road, Pittsburg, attempted to
address the Board.
Supervisor Powers advised Mr. Warren Smith that he could ask
staff to respond to Mr. Smith' s questions at a later time.
Supervisor Powers indicated that since he did not participate in
the discussion about developing findings, he had concerns with the
findings, and he requested clarification from the representatives of
the two sites relative to concerns raised today.
Mr. Skaggs and Mr. Bruen responded to Supervisor Powers ' request.
v 7y.
Supervisor Torlakson requested clarification from County Counsel
on obtaining input from those who wished to speak on the matter before
the Board.
Victor Westman, County Counsel, responded to Supervisor
Torlakson' s question.
Supervisor Torlakson commented on the importance of receiving
input from those present who wished to speak.
Supervisor Fanden expressed opposition to re-opening the hearing.
Supervisor Schroder urged the Board. to move ahead today and. if
there are questions by Board members on the findings to have them
answered.
Supervisor Powers indicated a need for more information, and he
questioned staff on various concerns.
Mr. Zahn responded to Supervisor Powers ' questions.
The Board discussed the issue of accepting speaker' s comments at
this meeting on this matter.
The Board determined to hear from the representatives of the City
of Pittsburg and the City of Concord on the conditions of approval.
Nancy Parent, P.O. Box 1518 , Pittsburg, representing the City of
Pittsburg spoke on issues including the conditions of approval and the
findings.
Fred Caploe, 2530 Arnold Drive, Martinez, representing the City
of Pittsburg spoke on concerns including the berm, re-opening the
hearing and the Environmental Impact Report process, the Williamson
Act cancellation, impact on home values, sedimentation ponds,
transporation and circulation.
Byron Campbell, 1950 Parkside Drive, Concord, Mayor, City of
Concord, commented on a letter from the City of Concord dated June 25 ,
1990. He also spoke on issues .including the impact of the site on
Concord homes, and he expressed' opposition to the Keller Canyon site.
Roy Hawes, P.O. Box 369, Clayton, Mayor, City of Clayton, spoke
in support of the Keller Canyon site and expressed a desire for the
Board to make a decision on the matter today.
Robert Bacon, 10890 San Pablo Avenue, El Cerrito, Mayor, City of
El Cerrito, spoke in support of the Keller site.
Supervisor McPeak offered some comments for additional language
in the conditions.
The Board discussed additional language and changes needed in the
conditions and findings.
Supervisor Powers moved that the items that were discussed be
referred to staff and the conditions be brought back to the' Board
corrected accordingly.
Supervisor McPeak seconded the motion.
Supervisor Schroder clarified that the motion was that it is the
intent of the Board to approve the recommendations of the staff when
the concerns that were brought up at this meeting are addressed to the
satisfaction of the Board at a future meeting.
Supervisor Powers concurred.
Supervisor Torlakson registered his objection to the Keller
Canyon site, and his inability to support a motion that indicated
intent.
Supervisor Powers advised that in his motion he did not express
that intention in that motion.
Supervisor Torlakson clarified that the motion would be to defer
the decision until the staff has a chance to answer the questions
raised today.
Supervisor Powers agreed.
The vote on the motion was as follows:
AYES: Supervisors Powers, Schroder, McPeak, Torlakson and Fanden
NOES: None
ABSENT: None
ABSTAIN: None
IT IS BY THE BOARD ORDERED that the decisions on the General Plan
Amendment, Williamson Act Contract cancellation, Minor Subdivision,
rezoning and Land Use Permit for the Keller Canyon (Keller-Bailey)
Landfill are DEFERRED to July 24, 1990; and Community Development
Department staff is DIRECTED to address concerns raised today on
conditions and findings.
Supervisor Schroder then moved that the Board declare its intent
to approve the Keller Landfill site according to recommendations one
through seven in the staff. report upon the receipt of the report on
July 24, 1990 and satisfaction of the questions that were brought up
at this meeting.
Supervisor Powers seconded the motion, clarifying that if the
report is not satisfactory that he has the right to vote in some other
direction.
The vote on the motion was as follows:
AYES: Supervisors Powers, Schroder, McPeak and Fanden
NOES: Supervisor Torlakson
ABSENT: None
ABSTAIN: None
IT IS FURTHER ORDERED BY THE BOARD that the Board of Supervisors
DECLARES ITS INTENT to approve on July 24, 1990 the General Plan
Amendment, Williamson Act Contract cancellation, Minor Subdivision,
rezoning and Land Use Permit for the Keller Canyon (Keller-Bailey)
Landfill, upon appropriate resolution of concerns raised today
regarding conditions and findings.
I Hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Sup iso .on the date shown.
ATTESTED: \
PHIL TCHE R,Clerk of the Board
upervls an Counly Administrator
cc: Community Development Dept.
County Counsel a
ByOd-
,DepUty