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HomeMy WebLinkAboutMINUTES - 04281992 - 1.56 1 . 56 ,., TO: BOARD OF SUPERVISORS FROM: VAL ALEXEEFF, DIRECTOR GROW'T'H MANAGEMENT& ECONOMIC DEVELOPMENT AGENCY DATE: MAY 28, 1992 SUBJECT: KELLER CANYON LANDFILL LOCAL ADVISORY COMMITTEE SPECIFIC REQLJEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS: CONTINUE TO SUPPORT the Keller Canyon Landfill Local Advisory Committee recommending to all parties to resolve differences in a constructive and results-oriented manner. FISCAL IMPACT: Continued staff commitment to process. BACKGROUNDIREASONS FOR RECOMMENDATIONS: Staff was requested to provide a status report on the operation of the Keller Canyon Landfill Local Advisory Committee. The background for the above recommendation is attached. CONI7NUL'D ON ATTACIIMIi R YES SIGNNIIJRli: RECOMMENDATION OF COUNTY ADMINIS'IRN1'OR RECOMMENDMION OF BOARD COMMfI"17i1i APPROVE OTHER SKiNA117REM: ACTION OF BOARD ON L �!a�`�GCX �Oi / �nz. APPROVED AS RE.COMMIiNDIiD O"17II R_ VOTE OF SUPERVISORS �, 1 I IER1 BY CER'171 Y 'II INI' '17115 1S A 'I72UE AND CORRLiCI' COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT ) EN71".RE'D ON '171E MIND S OF '1711; BOARD OF SUPERVISORS ON'171fi DA'17s SI 10". AYES: NO": A7"17 577;D ABSENT': ABSTAIN: PI III_BA`I'CIIFLOR,CLI--RK OF11IF BOARD OF SUPERVISORS AND COIJNI'Y ADMINL�"IRA�/IJOR 13Y A? �� DIiPIJ'TY VA-dg kc lac.bo CC: County Administrator County Counsel GMEDA Departments Keller Canyon Landfill IAC TCUIC IMIESUNFAMCNS MADE TC CCMMITTEF Periodic project updates Permitting and development process Landfill Advisory Committee role Emergency plan COA violation enforcement Mitigation monitoring program Bailey Road improvements State Water Quality Control Board status Landscape/fencing plan Leachate Management System Staff memos and articles of interest Noise monitoring . Fire prevention needs for access VAstR keller.sum 1 (4/17/92) KELLER CANYON LANDFILL LOCAL ADVISORY COMMITTEE ISSUES AND RESPONSE ISSUE DATE STATUS `DATE 7lra rw and Concern 9/26/91 Staff response: 9/26/91 Roads expressed over Upon completion traffic of construction, traffic limited to transfer vans and selected com/ind haulers. Traffic and Committee 9/26/91 Staff identified 9/26/91 Roads wished to mitigation review rules measures in EIR. for transfer Committee vehicles prior encouraged to to opening of review conditions facility of approval. Traf w- and Concern 9/26/91 Staff described 9/26/91 Roads expressed over stacking lane. left turns on Bailey Road Public Works and 11/14, 11/21 into landfill. Transportation and Planning 12/18/91 Requested 9/26/91 explained Keller staff to present entrance and Hwy 4 Hwy 4/Bailey interchange Road interchange briefing. improvements. BFI instructed employees to Complaint over 12/4/91 hold Bailey Road traffic delay on traffic for Bailey Road. employees' convenience. Construction of improvements causing delay. VAAg keller.sum 2 (4/17/92) ISSUE DATE STATUS DATE Trak and Wanted 9/26/91 Transportation .Roads. transportation . staff attended planner to transportation attend future presentations. meetings. Thafc and Pothole 11/14/91 Pothole repaired 2/12/92 Roads complaint. by Pittsburg. Pothole 2/12/92 Pothole report 3/25/92 reappeared. (3/3). Request for 3/25/92 pothole plan. TYaf j'ic and Concern over 12/4/91 Staff expressed Roads Bailey Road concern over lack damage due to of cooperation heavy trucks, from Pittsburg on especially the road segment improvements. between.. Pittsburg's County staff met four-lane road with Pittsburg 4/6, 4/17/92 and the new regarding pothole segment in the repair and County. rebuilding the "missing link". Trak and BFI requests' 12/18/91 Pittsburg allowed Roads Committee to oversize vehicle secure from permits. Pittsburg, permission for oversize" vehicle travel on Bailey Rd. VA:dg kellmsum 3 (4117/92) ISSUE DATE ;STATUS DATE Tlrafc and Question 3/25/92 Public Works 3/25/92 Roads frequency of inspection on- inspection of going during road work and construction. repair. Traffic and Concern over 3/25/92 Report from 4/8/92 Roads warrants and Public Works. road maintenance. Landscape and Landscape 9/26/91 Staff indicates 9/26/91 Fencing Issues plan review. that building aesthetics, landscaping and fencing are not precisely controlled by regulations, conditions or specifications to the degree that landfill or road construction is controlled. Committee may wish to review and advise. Fence and landscape plan to be submitted for comment. BFI attorney indicated that fence to be on perimeter due to liability. VA:dg keller.sum 4 (4;17/92) ISSUE DATE STATUS DATE Landscape and Staff asked to 1/22/92 Staff reviewed 1/22/92 Fencing Issues check on liability with liability for County Counsel,. trespass. BFI landscape architect presents landscape concepts. Landscape and Committee 1/22/92 On-going 4/14/92 Fencing Issues expresses discussions on (most disappointment fencing and recent over fence. landscaping. subcommitt Requests 30= ee meeting) foot buffer dedicated to Pittsburg. Landscape and Question 1/22/92 Fencing Issues whether landscape to be on public or private property. Landscape and Committee' 2/12/92 Vinyl clad option On-going Fencing Issues prefers to raised by staff. discussions. delay action Trees proposed until placed on. for properties. agenda and BFI to pay for more installation, information owner to pay for provided. maintenance. Landscape Landscape architect to architect to meet appear. with residents. Landscape and Two-fence 2/26/92 Landscape 2/26 Fencing Issues system presentation by proposed by BFI landscape Committee. architect. VA:dg kellersum 5 (4/17192) t ISSUE ATUS:..., DATE Landscape and Committee 2/26/92 Architect 2/26/92 Fencing Issues requests Board proposed meeting hold off with citizens in approving neighborhood. fencing Committee pending next suggests survey. meeting. Time urgency (Board directs indicated (prior staff to to State delay). proceed so landfill not Request detained - landscape water temporarily connection from moot due to Pittsburg not 2/26/92 delay by State.) supported. Committee suggest water be trucked in or other alternative sought. Landscape and Committee 3/11/92 Architect 3/11/92 Fencing Issues repeats presents position on landscape and two-fence fence plans in system. detail. Express resentment BFI claims two 3/11/92 that staff fences beyond produces conditions cif alternative. approval. Letter written to Board on Subcommittee 3/25/92 non- established at cooperation of suggestion of staff. Supervisor Torlakson. VA:dg kellersum 6 (4/17!92) ISSUE ' DATE STATUS DATE Landscape and Request 3/25/92 Landscape Fencing Issues. balloons on architect will use -poles be . height devices to placed to " test planting indicate screen. location of landscape. Landscape and Concern over 3/11/92 No complaints Fencing Issues rodent control. since initial "gopher run" in November. Committee Committee 9/26/91 Staff described 9/26/91 responsibilities. role to serve as liaison between the local community, the service area, the County, and landfill operations. Duties of the Committee include, monitoring construction activities and daily operations. of the landfill, provide recommendations on development. VA:dF. kellcr.sum 7 (4/17!92) r , ISSUE DATE STATUS DATE Committee Voted to write 2/12/92 BFI responded 2/12/92 letter to Board that Committee on Boatwright- overstepped Campbell bounds getting water quality involved in State concerns approval process. suggesting landfill unsafe. BFI left meeting. Committee responded that State action would affect landfill costs. Committee Chair transmitted letter to the Board and contributed statement to Pittsburg appeal. Committee Committee 2/12/92 Staff responded. 2/12/92 requested County Counsel County would respond to Counsel to specific issues. attend. VA:(lg kc[Imsum R (4/17/92) ISSUE _DATE STATUS DATE Hours of Request report 12/4/91 Alleged 12/18/91 Construction from BFI on "construction" after-hours determined to be activities such vehicle as vehicle maintenance. maintenance. Night hours maintenance stopped. Permittee allowed start-up and maintenance periods. Hours of. Hours of 1/22/92 Extra hour of 1/22/92 Construction construction - construction was will extensions ended with be routine`s completion of close-in grading. 1/22/92 Subsequently, after-hours work authorization (e.g. seam testing, concrete finishing) was on a case-by-case basis. Urgency and effect on surrounding properties are criteria. Hours of Question 1/22/92 Committee 1/22/92 Construction raised whether indicated to at end of retain hours of 7- January, hours 5 to avoid of construction . confusion. should revert from 7-5 to 8- 6. VA:dg kellersum 9 (4117192) ISSUE 7F DATE STATUS DATE Metal Building Concern over 1/22/92 Architect 1/22/92 metal building discussed design and alternative cladding. designs and cladding. Metal Building Committee 2/12/92 Building offered constructed using suggestions and cladding similar concurred with to CCTA design. headquarters. Flooding Flooding due 2/26/92 BFI investigation 2/26/92 to landfill (video tape) construction. produced no flooding evidence. Flooding Portable toilet 2/26/92 BFI investigation 2/26/92 and drums showed no indicated to be inundation. floating in Complainant's sedimentation video tape basin, filmed requested by BFI on video. Hotline Suggest hotline 12/4/91 Hotline 12/18/91 be established established. (issue raised at Board 12/17). Hotline Hotline data 2/26/92 Record of calls requested. distributed. VAAg kellersum 10 (4!17/92) ISSUE DATE STATUS DATE Conditions Enforcement 11/21/91 Presentation of 12/4/91 of conditions enforcement of of approval. conditions of approval. Presentation on 12/4/91 mitigation monitoring. Final Plans Copies of final 11/21 Documents taken development to Committee and meeting. improvement Available at plans County offices. requested. Property Property value 12/4/91 Staff indicated 1/22/92 Valuation compensation Sonoma State study.start team contacted. requested by Subcommittee Citizens United appointed by and endorsed LAC. by Advisory Committee. Property Subcommittee 12/18/91 Outline of study 3/25/92 Valuation to be formed distributed. on property valuation. Outline of study New 3/25/92 distributed. 3/25/92 subcommittee appointed. Meeting held with subcommittee, 4/3/92 staff and Sonoma State. Property Host 12/4/91 Will be discussed Valuation community as construction mitigation issue loses priority. raised. VA:dg keller cum ]] (;/17/92) ISSUE DATE STATUS DATE Noise Noise 11/21/91 Plans for 2/26/92 monitoring installation of program noise monitoring suggested. equipment identified to be in Request noise 12/12/91 place in March. monitoring in Use for place. operation, not construction. Request noise 2/26/92 Spot checks monitoring. during construction Is noise 3/11/92 indicate dBa monitoring below 60. review by health? - Yes. Tours Request tours 11/21/91 Committee given of the site. tours in November and Request tours 3/25/92 March. of the facility. Tours Requested 11/21/91 Staff reported legal penalty back that seagull information on destruction was shooting subject to fine. seagulls. Tours Private fences 11/21/91. Fence repaired. 12/18/91 damaged. VA:dg kelletsum 12 (4,117/92) ISSUE DATE STATUS DATE Emergency Request 9/26/91 Presentation 11/21/91 Program emergency made,'on County services staff to program. discuss landfill emergency plan. Emergency Question 12/4/91 Presentation 12/4/91 Program response time made on if transfer emergency fire truck response. overturned. Emergency Discuss 12/4/91 Sheriff called to Program trespassing stop off-road incident. motorcyclists. Infrequent but Concern over 3/25/92 continuing trespass. incidents. Erosion Erosion caused 2/26/92 Only minor 2/26/92 by rain. erosion in construction area. Repairs. confirmed. VA:dg kellersum 13 (4117/92) PUBLIC COMMENT 11/14/91 Concerns raised over water, wind, odor, light, traffic, lack of noise monitoring, property valuation, and health. 12/4/91 After-hours noise, possibility of toxic waste, delay in posting "No Trespassing' signs, wind and litter concerns, whether Sierra Club should be on Committee, late night lights, perceived lack of watering trucks, placement of red stick on Jacqueline Drive. Question of where waste origin. 12/18/91 Tactics and motives behind project, potential odor and birds, traffic on Bailey Road, route of transfer trucks, wind blowing garbage, loss of business at shopping center, existence of advisory committee. 1/22/92 Opposition to landscape design. 2/12/92 Visibility of landfill, will chem fix be used? Is there a monetary fine process for odor violations? 2/26/92 Comments on fence, rejection of landscape on private property, method of rodent control. 3/11/92 Concern over berm, complaint about 4:30 a.m. construction, landscape question and property valuation. VA:dg kellersum 14 (4/17/92) BACKGROUND On February 5, 1991, the Board of Supervisors established the Keller Canyon Landfill Local Advisory Committee pursuant to Condition 11.2 of the Land Use Permit Conditions of Approval. Between February and September, members were selected, meeting dates established, and draft Bylaws prepared. (Copy of Bylaws attached.) The conditions of approval required quarterly meetings. The first meeting was held on September 26, 1991. Since November, 1991, they have been held semimonthly. The prime responsibility for the Committee is to assist in the implementation of the Keller Canyon Landfill by advising the Board of Supervisors on aspects of its development and operation. The Committee's consideration was directed to the following matters: • Current construction activities • Safety and emergency procedures • Landfill related problems • Screening and visual impacts • Litter, odor and noise control • Providing a forum for land-related issues • Coordination between public and private agencies The authority over the landfill remains with the Board of Supervisors and staff as defined by the conditions of approval for the project. The Committee embodies many sides of the three years of controversy over the permit process to establish the landfill. Many Committee members wear hats in support or opposition of the landfill. The Committee has responded to many issues contended in the courts before approval bodies. All Committee members and staff have undergone significant stress as a result of this process. Staff has been called uncooperative and biased in favor of the project. BFI has been called insensitive toward the community. The Committee has been accused of giving credence to fabricated incidents and other means to undermine the process. The community has been viewed as unreasonable and obstructionist. Such characterizations unfairly distort the efforts and concerns of the parties involved and assign motives and values to one another that are not correct or complete. No one in the process wants a bad project, blighted community, or unreasonable costs. Development of a landfill is a shock to surrounding residents and the community. Substantial energy is directed at defeating every landfill. This effort does not appear to have been successful, though some final decisions remain. It is regrettable that due to battles over approval, there is less energy and patience on the part of everyone concerned to resolve mitigation issues. It is difficult to fight and reconcile at the same time. VAAg keller.noi 1 (4/17,'92) Issues remain unresolved between the developer and the community, even though the review process for this landfill has been the most extensive in the State. The mitigation requirements are among the most extensive and costly in the State. Issues include appearance and operations. A summary of actions taken at- CLAC been is attached, along with the minutes of those meetings. Many issues have been discussed and some have been resolved. Whatever else may be said, the Committee has provided a channel of communication for the community and the Permittee about what was happening on the site and the community's perceptions of the activities. There are many issues to come. To receive cooperation from the area, BFI must demonstrate concern for the community. To receive assistance and support beyond the conditions of approval,the Advisory Committee must remain constructive. Staff has been criticized for being slow. They have taken on Committee assignments in addition to existing responsibilities without additional -staff support. Staff will need to prioritize requests for information and defer non-critical issues. Though the Committee process has created stress on the participants, the Committee is essential to ensure adequate consideration of landfill issues. VA:dg kcilmnot 2 (4117/92) BYLAWS OF THE CONTRA COSTA COUNTY KELLER CANYON LANDFILL LOCAL ADVISORY COMMITTEE Upon consensus of the Keller Canyon Landfill Local Advisory Committee, these By- Laws will be submitted to the Board of Supervisors for their approval. 1. Objectives of the Committee A. The prime responsibility of the Committee is to advise and recommend on the development of the Keifer Canyon Landfill and its operations to the Board of Supervisors. If. Functions of the Committee The Committee shall consider matters in the areas of: safety and emergency procedures; landfill-related problems; screening of visual impacts; litter, odor and noise control; providing a forum for landfill-related issues; coordination between public and private agencies. Other than the advisory and coordinating functions designated above, all decision- making authority is retained by the County. 111. Structure and Operations of the Committee A. The Committee shall consist of fourteen (14) voting members appointed by. the Board of Supervisors. The landfill operator, Browning-Ferris Industries, shall be represented on the Committee as a non-voting member. The Committee members shall be nominated from, and represent, the constituencies named below after due consultation with said constituencies: 1 . The City of Pittsburg; 2. The City of Concord; Bylaws - Keller Canyon Landfill LAC Page -2- 3. The County Planning Commission; 4. The TRANSPLAN Committee; 5. The Contra Costa Water District; 6. Citizens United; 7. West Pittsburg Municipal Advisory Committee; 8. The Sierra Club 9. The Audubon Society; 10. The Contra Costa Council (commercial user) 11 . The Industrial Association (industrial user); 12. The Ambrose Recreation and Park District; 13. The Bay Area Rapid Transit District; 14. The Delta Board of Realtors; 15. Browning-Ferris Industries (non-voting member). B. Committee members shall be appointed for staggered terms of two calendar years. C. Committee members may be reappointed for consecutive terms. D. Committee members missing three consecutive meetings without due cause, after due notice, shall be considered as vacating their position. E. Each Committee member may be considered for removal from the Committee upon recommendation of his/her respective nominating constituency (les). F. Committee members whose terms have expired may serve until replaced. Bylaws - Keller Canyon Landfill LAC Page -3- G. The Committee shall establish regularly scheduled dates and times for the Committee meetings. H. The Committee shall elect a Chairperson and Vice-Chairperson for terms of one calendar year. 1. The Clerk of the Board of Supervisors shall be notified of the selection of the Chairperson and Vice-Chairperson. 2. The Chairperson and Vice-Chairperson may serve no more than two consecutive terms in each position. 3. The Vice-Chairperson shall serve in the absence of the Chairperson. I. The Chairperson shall be responsible for: 1 . Conducting all meetings of the Committee. 2. Selecting Committee members for standing and ad hoc committees. 3. Representing the Committee (or designating a person to represent the Committee) before the Board of Supervisors and its committees when appropriate. 4. Notifying the Vice-Chairperson of his/her absence from a scheduled meeting, 5. Review and approve Committee meeting agendas. J. Business shall be conducted by the Committee only when a quorum is present. The quorum shall be eight (8). - K. While normal Committee business may be conducted with only a quorum present, final recommendations of the Committee to the.. Board of Supervisors shall require eight (8) affirmative votes. L. ' The Committee's findings and recommendations shall normally be in the form of letters, resolutions or reports to the Board of Supervisors. Bylaws - Keller Canyon Landfill LAC, Page -4- M. The Committee shall submit an annual report to the Board of Supervisors of the Committee's activities, accomplishments, attendance, and a proposed program for the forthcoming year. N. The Committee will receive primary staff support from the County Community Development Department. The Community Development Department staff is responsible-for: 1 . Assuring that the Chairperson and Committee are appraised of matters concerning Keller. Canyon Landfill and all Committee correspondence in a timely manner. 2. Drafting and submitting the Committee agenda for the Chairperson's approval. 3. Preparing and distributing the approved agenda and agenda materials. 4. Arranging for Committee meetings. 5. Preparing meeting minutes, reports, recommendations, and resolutions for information and/or approval of the Committee as requested or needed. 6. Representing the Committee, as appropriate. 7. Being the agent of the Committee to which requests for Committee action, correspondence, information, inquiries, etc., are directed. 8. Coordinating joint staffs when they are used. 9. Providing or coordinating staff services to committees. 10. Providing relevant information to the public, the County, and the Committee. 11. Forwarding and taking the necessary actions on the adopted recommendations, findings, and actions of the Committee. Bylaws - Keller Canyon Landfill LAC Page -5- IV. Amendments to the Bylaws A. Amendment to these bylaws will be made upon approval of the majority of the Committee membership: 1. The amended bylaws will only become effective upon approval of the Board of Supervisors. PASSED AND ADOPTED: AYES: NOES: ABSENT: APPROVED BY THE BOARD OF SUPERVISORS on VC:se sh:\Kelirlac.byl .