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HomeMy WebLinkAboutMINUTES - 07132004 - D5 Centra TO: BOARD OF SUPERVISORS `" y ' Costa M: Dennis M. Ba , AICP �d County FROM: BarryY Community Development Director D-L DATE: July 13, 2004 SUBJECT: CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED PROJECT AT THE WEST CONTRA COSTA SANITARY LANDFILL (LP#022026) -STATE CLEARINGHOUSE #2002702057 SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. ACCEPT Resolution 21-2004, dated July 6, 2004, from the County Zoning Administrator pertaining to the adequacy of the Final Environmental Impact Report(EIR)(see Exhibit A). 2. CERTIFY the Final EIR for the Proposed Amendment of Land Use Permit(LP#022026)for the Bulb Materials Processing Center and Related Actions at the West Contra Costa Sanitary Landfill as being adequate and as having been prepared in conformance with the California Environmental Quality Act. 3. AUTHORIZE the Chair of the Board of Supervisors to execute the Memorandum of Understanding (MOU) between Contra Costa County and the City of Richmond regarding the Mitigation Fee specified in Mitigation Measure 4-5 of the EIR (see Exhibit B). FISCAL IMPACT No impact to the County General Fund. The staff and printing costs related to this Project are recoveredfrom the Applicant (West Contra Costa Sanitary Landfill, Inc.). The proposed MOU between the County and the City of Richmond provides for the joint administration of any revenue generated by the mitigation fee called for by Mitigation Measure 4.5 specified in the Final EIR; this revenue will only be generated if the proposed Project is approved and commences operation. The MOU requires that the mitigation fee revenue collected from the Applicant be paid to the County, held in a dedicated separate account and jointly administered for the benefit of the incorporated and unincorporated North Richmond area (see Exhibit B). CONTINUED ON ATTACHMENT: X YES SIGNATURE\ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD C: MITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON APPROVED AS RECOMMENDED_ OTHERS, APPROVED the recommendations and DIRECTED staff to work with the Bay Area Quality Management Board with regard to recommendations for the greatest possible mitigations of impacts on the air quality in relation to this project. Speakers: Bruce Beyaert,Trails for Richmond Action Committee,73 Belvedere Ave,Richmond; Lee Jones,North Richmond MAC and Beautification Committee,200 Willard Ave,Richmond. VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Deidra Dingman (9251335-1224) ATTESTED '- - cc: Community Development Department (CDD) WEETEN, CLERK OF THE West Contra Costa Sanitary Landfill, Inc. (via CDD) BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY gc . , DEPUTY D:\Facilities-Sabenorio\BMPC\FEtR Board Order 7-13-2004.doc F,- J 's' CERTIFICATION OF FINAL EIR FOR THE PROPOSED PROJECT AT THE WEST CONTRA COSTA SANITARY LANDFILL July 13, 2004 Page 2 of 3 BACKGROUND/REASONS FOR RECOMMENDATIONS This Final EIR evaluates the potential environmental impacts associated with the Project known as the Bulk Materials Processing Center(BMPC)and Related Actions at the West Contra Costa Sanitary Landfill (WCCSL) proposed by West Contra Costa Sanitary Landfill, Inc. ("Applicant") and West County Landfill, Inc. ("Owner"). The WCCSL is a Class If sanitary landfill located at the foot of Parr Boulevard located partially within North Richmond and partially within the City of Richmond. Project Overview WCCSL is requesting amendments to its existing land use permits (LUP) for its Bulk Materials Processing Center. These permits were issued in 1993 by Contra Costa County (under LUP No. 2054-92,as amended by LUP 2943-94)and the City of Richmond(under conditional use permit No. 92-53). WCCSL is also requesting to revise the Solid Waste Facilities Permit to allow a maximum of 20 to 30 feet of additional height for the landfill (currently 130 ft. elevation limit) to a new elevation limit of 150 to 160 feet. The proposed changes to applicable land use permits are described below: • Increase the amount and types of compostables processed. • Increase the amount of asphalt and concrete rubble processed. • Discontinue operation of the Soil Remediation Facility, an existing currently permitted facility. • Start-up of a new spreading/drying operation for wastewater sludge and dredged materials. • Start-up of a new soil reclamation/processing operation to combine high moisture content mud and sludges and with dusty materials to create a product suitable for Alternative Daily Cover (ADC), final cover, final cap, or off-site use. • Construction and operation of a transfer station at the WCCSL to recycle, sort, and transfer for disposal waste from self-haulers, industrial debris boxes,and other commercial customers that would not be processed at the existing transfer station operated by West County Resource Recovery, Inc. at 1011 Pittsburg Avenue in North Richmond. The Final EIR concludes that the Project would result in significant impacts associated with air quality (an exceedance in allowable PM10 particulate emissions) that cannot be mitigated to a level of insignificance. All other potentially significant impacts identified in the Draft EIR will be mitigated to a level of insignificance. CEQA Process Overview Contra Costa County is the Lead Agency for this Project for the purposes of the California Environmental Quality Act (CEQA). Below is an overview of the significant milestones of the CEQA process that have been completed related to this Project: October 10, 2002 Environmental Impact Report (EIR) Notice of Preparation issued November 1, 2002 CEQA Scoping Session held in North Richmond November 6, 2003 Draft EIR circulated for review, beginning the 45-day public comment period November 25, 2003 Zoning Administrator held a public hearing in North Richmond to provide further opportunity for public comments on the Draft EIR December 22, 2003 End of 45-day public comment period on the Draft EIR June 25, 2004 Final EIR/Response to Comments document released was distributed as required by CEQA July 6, 2004 County Zoning Administrator conducted a closed public hearing regarding the adequacy of the Final EIR Certification of this Final EIR The landfill height increase is a portion of the proposed Project evaluated in the Final EIR. The landfill height increase is the most time-critical component of the proposed Project, therefore staff is recommending certification of this Final EIR separate from consideration of the proposed amendments to the County Land Use Permit. The California Integrated WasteManagement Board, as a Responsible Agency under CEQA, requires that their agency be provided with a certified environmental document as a part of their application procedures for the proposed landfill height increase. .' ., CERTIFICATION OF FINAL EIR FOR THE PROPOSED PROJECT AT THE WEST CONTRA COSTA SANITARY LANDFILL July 13,20104 Page 3 of 3 On July 6, 2004, the County Zoning Administrator (ZA) recommended that the Board of Supervisors certify the Final EIR for the Proposed Amendment of Land Use Permit(LP#022026) for the Bulk Materials Processing Center and Related Actions at the Voest Contra Costa Sanitary Landfill as being adequate and as having been prepared in conformance with the California Environmental Quality Act (see Exhibit A). Furthermore on July 6, 2004, the Zoning Administrator recommended that the Board of Supervisors make the following Findings required by CEQA (CEQA Guidelines § 15090) related to the certification of the Final EIR; 1. The Final EIR has been completed in compliance with CEQA, and with the State and County CEQA Guidelines; and 2. The Final EIR was presented to the Board of Supervisors, and the Board of Supervisors has reviewed the document and considers the information contained therein to be complete and adequate for the purposes of making a decision on the project; and 3. The Final EIR reflects the County's independent judgment and analysis. Future Public Hearings to Consider Final Decision on Proposed Project Staff expects to schedule separate public hearings in the next several months before the County Planning Commission and the Board of Supervisors regarding the application (LP#022026)to amend existing County Land Use Permit (LUP) # 2054-92 (as amended by LUP 2043-94) to allow expansion of existing resource recovery operations and new resource recovery operations at the existing VVCCSL site. Consistent with CEQA requirements, the Board of Supervisors will be asked to adopt Findings (CEQA Guidelines § 15091), including a Statement of Overriding Considerations (CEQA Guidelines § 15093), and a Mitigation Monitoring & Reporting Program (CEQA Guidelines § 15097), prior to reaching a decision on the proposed Project. These actions will be scheduled before the Board of Supervisors in the next several months, in conjunction with proposed Conditions of Approval for the proposed Project. Mitigation Fee MOU with the City of Richmond Mitigation Measure 4-5 of the Final EIR in part requires the facility operator to pay a Mitigation Fee "to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas." The purpose of the proposed Memorandum of Understanding (MOU) with the City of Richmond (see Exhibit B) is to implement Mitigation Measure 4.5 of the Final EIR, to provide for the joint imposition of the Mitigation Fee irrespective of the final location of the various BMPC operations (including the new transfer station), and the joint administration of the mitigation funds for the benefit of the host community as identified in the Draft EIR. Mitigation funds shall be used,as described in the Draft EIR, for the benefit of the host community. By entering this MOU,the County and City agree to jointly impose the Mitigation Fee on all solid waste and processible materials received at the facility (all BMPC operations including the transfer station except those materials which are disposed of in the VVCCSL). The amount of the Mitigation Fee for all solid waste transferred to other Republic landfills shall be $2.76/ton, subject to CPI adjustment at the beginning of each calendar year. The amount of the Mitigation Fee for all other materials processed at the BMPC(except those materials which are disposed of in the WCCSL) shall be $0.75 per ton (as adjusted annually pursuant to the CPI) if the rate charged by Republic and/or its Contractor(s) is more than $10.00 per ton (as adjusted annually pursuant to the CPI) or 7% of the gross revenue received by Republic and/or its BMPC Contractor(s) if the rate charged is less than or equal to $10.00 per ton (as adjusted annually pursuant to the CPI). By entering this MOU, the City and County also agree that the Mitigation Fee monies collected from the Applicant will be paid to the County, held in a dedicated separate account and jointly administered for the benefit of the incorporated and unincorporated North Richmond area. d:\Facilites-Sabenorio\BMPc\FEIR Board Order 9-13-2004.doe EXHIBTA RESOLUTION NO. 21-2004 RESOLUTION OF THE COUNTY ZONING ADMINISTRATOR OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, REGARDING ADEQUACY OF THE FINAL ENVIRONMENTAL IMPACT REPORT (ON THE REQUESTED AMENDMENT TO LAND USE PERMIT (LUP) # 2054-92 (AS AMENDED BY LUP 2043-94) BY WEST CONTRA COSTA SANITARY LANDFILL, INC. (APPLICANT) AND WEST COUNTY LANDFILL, INC. (OWNER) (COUNTY FILE #LP022026) IN THE NORTH RICHMOND AREA OF SAID COUNTY. WHEREAS, an application by West Contra Costa Sanitary Landfill, Inc. (Applicant) and West County Landfill, Inc. (Owner) to amend existing Land Use Permit (LUP) # 2054-92 (as amended by LUP 2043-94) to allow expansion of existing resource recovery operations and new resource recovery operations at the existing landfill site was received by the Community Development Department on March 13, 2002; and WHEREAS, a Notice of Preparation of an Environmental Impact Report (EIR) was sent on October 10, 2002 by the Community Development Department; and WHEREAS, on November 1, 2002 the County held a scoping session on the project in North Richmond; and WHEREAS, for purposes of compliance with the provisions of the California Environmental Quality Act (CEQA) and the State and County CEQA Guidelines, a Draft EIR was prepared and circulated for review and comments between November 6, 2003 and December 22, 2003 and the Zoning Administrator held a public hearing in North Richmond on November 25, 2003 to provide further opportunity for public comments on the DEIR; and WHEREAS, following the close of comment period on the Draft EIR, the County prepared written responses to the comments received; and WHEREAS, the County published the Response to Comments Document, on .lune 25, 2004, which provides a reasoned response to all comments received during the comment period that raised significant environmental issues; and WHEREAS, the Response to Comments Document was distributed as required by the California Environmental Quality Act and the State and County CEQA Guidelines; and WHEREAS, on Tuesday, July 6, 2004, the County Zoning Administrator having fully reviewed, considered and evaluated all the testimony and evidence submitted in this matter; NOW, THEREFORE, BE IT RESOLVED, that the County Zoning Administrator makes the following Findings required by CEQA (CEQA Guidelines § 15090) related to the certification of the Final EIR: 1. The Final EIR has been completed in compliance with CEQA, and with the State and County CEQA Guidelines; and 2. The Final EIR was presented to the Zoning Administrator, and the Zoning Administrator has reviewed the document and considers the information contained therein to be complete and adequate for the purposes of making a decision on the project; and 3. The Final EIR reflects the County's independent judgment and analysis. ATTEST: "" , - Dennis M. Barry, AICP Zoning Administrator County of Contra Costa State of California EXHIBIT B ✓: '` 1N1EMOIZ8ND M OF UNDERSTANDING BY AND BETWEEN THE CM7 OF 1RIC✓HM()ND AND THE COUNTY OF CONTRA COST REG_ ENNG SOLD "WASTE TRANSFER FACILITY HOST COMMUNITY MITIGATION FEES 1. PARTIES. Effective on the date this agreement is approved by both parties, the City of Richmond, a municipal corporation (City),and the County of Contra.Costa., a political subdivision of the Stat;o¢California(County),mutually promise and agree as follows. 2. BACKGROUND. ''Jest Contra Costa.Sanitary Landfill ( CCSL),Inc. (Applicant or Republic) is requesting amendments to County Land Use Permit(LUP)No. 2054-92,as amended by LLT 2fs43-94, and.City Conditional Use permit(CUP)92-53 as well as a new City Conditional Use Permit (collectively, "the Project"),which includes authorization to construct and operate a"Waste Recycling Center(WRQ, a solid waste transfer facility, as well as new and expanded processing and resource recovery operations, as set forth in its applications, and explained in the Draft Environmental Impact Report dated November 2003 for the WCCSL Bulb Materials Processing Center(BMPC) and Related Actions, State Ciearirfghouse No. 20021 2057 ( EIR),prepared by the County's Community cvelopment Department. The applicant originally proposed constructing the WRC in the unincorporated arca of the County. however, subject to the certification of the final EIR for the Prgiect, constructing the WRC; in the incorporated arca of the Applicant's property may be the environmentally preferred alternative. Whether the WRC: is constructed in the incorporated or unincorporated arca of the Applicant's property, the impacts on bath*.e incorporated and unincorporated host community surrounding the property will be the same. Furthermore, the new and expanded processing and resource recovery operations are proposed to be located on both the incorporated and.unincorporated area of the Applicant's property,which will impact the host community. Impact 4-5, identified in the DEIR.is. Implementation of expanded operations at the BMPC and Central IRRP, and continued landfill operations at WCCSL through January 20306 present the potential for continued or increased illegal dumping activity in the North.Richmond area. This impact is considered potentia:ly significant. Mitigatlon.Measure 4-5includes a Mitigation Fee to benefit the host community, described as fol 2 ov"s Iitiatiora Fee. The facility operator shall pay a Mitigation Pee of an amount to lac determined by the applicable permitting authority(ics)to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF. u:vn�z:,�i;r:;-s���;�c�r����c�saric�:xt�r�Fc�v�tatc�,a•rrax �:�r�cru_Ft�:��.-3u�,v�ac©a.�oc Page 1 of 3 Thernitigation fee currently collected at the Central IRRF is$2.76/ton, as adjusted pursuant to the Constuxier Price Index ("CIN"), for the San Francisco-Oak7lard-San Jose Area,All Urban Constmwrs U* ldcx (hereinafter"the Solid Waste Mitigation Fee"). 3. PURPOSE. The purpose of this Memorandum of Understanding(MOU)is to implement Mitigation Measure 4.5, to provide for the joint imposition of the Mitigation Fee irrespective of the final location of the WRC and other BMPC operations, and the joint administration of the mitigation ftinds for the benefit of the host community as identified in the DEIR. Mitigation funds shall be used, as described in the DEIR, for the benefit of the host community. 4. IMPOSITION OF FEE. Inasmuch as the Applicant is seeking multiple entitlements from both City and Counvy in finlh--rance of theApplicant's Project as a whole, the Mitigation Fee for the benefit of the host communio,, identified in the DEIR can, and the parties intend,will, be jointly i=pc;sed as contemplated i r the DEIR. Therefore, the parties hereby agree to jointly impose the Mitigation lFee to be collected on all solid waste and processible materials received at the facility (all BMPC operations including the WRC except those materials which are disposed of in the WCCSL). The arriount of the Mitigation Fee for all solid waste transferred to other Republic landfills shall be the same as the Solid Waste ,Mitigation Fee described in Section 2. subject to CPI adjustment at the begUming of each calendar year. The amount of the Mitigation Fee for all other materials processed at the 13N4PC (exQept those materials which are disposed of in the WCCSL) shall be known as"the Processibles Mitigation Fee" and shall be$0.75 per ton(as adjusted annually pursuant to the CPI described in Section 2) if the rate charged by Republic and/or its Contractor(s) is more than $10.00 per ton. (as adjusted annually pursuant to the CPI described in Section 2)or 7/% ofthe gross revenue received by Republic and/or its BIMPC Contractor(s) if the rate charged is 'less than or equal to $10.00 per ton (as a4ijusted annually pursuant to the CPI described in Section 2). If the CPI index described in Section 2 is discontinued, a comparable index shall be selected by the Richmond City Council and the Contra Costa County Board of Supervisors. Republic is not. and shall not, be authorized to offer to Republic customers pricing for combined or"bundled" services with services to process materials at ffic, ;J3-VC such that Republic's pricing of said services could be designed to circumvent the imposition of the Processibles Mitigation Fee on.processible materials as provided for herein. The parties agree that the Mitigation Fee will be implemented through conditions in permits for the WRC and BMPC to be issued by the City and/or County, as appropriate. 5� JOLNT ADINHNISTRATION. City and County agree that the Mitigation Fee monies collected from the Applicant will be paid to the County, held in a dedicated separate account and jointly administered for the benefit of the incorporated and unincorporated North Richmond area. Recommendation for expenditures of the Mitigation Fee shall be made by a committee composed of three members of the Richmond City Council, one member of the Contra Costa County Board of Supervisors, two members of the North Richmond Municipal Advisory Committee appointed by the Contra Costa County Board of Supervisors (both of whom must be residents ftoin the unincorporated North Richmond area), and one resident from the incorporated portion of North Richmond appointed by the Richmond City Council. Final approval of a two year expenditure plan shall be made by the Richmond City Council and the Contra Costa County Board of Supervisors. In the event that a two year expenditure plan is not adopted by the Richmond City Council and the Contra Costa County Board of Supervisors,the Mitigation Fee monies shall be divided equally betNveen the City of Page 2 of 3 Richmond and Contra Costa County and shall be spent to mitigate the impacts of the Project on the host cornnaunity, . AMENDMENT. This MOU may only be modified or amended by a written document approved by the City's Council and.County's Board of Supervisors. ';. TERM. This MOO shall be cotennninous with the operation of the BMPC, except that upon operation ceasing at the B PC,this MOU shall continue until all of the funds collected are expended for the benefit of the host coimnunity. CITY Y Off° RICHMOND,CALIFORNIA., a COUNN Y OF CONTRA COSTA, a political municipal corporation subdivision of the St f lifornia Attest. CITY CLERK Attest: Johnsweeten, CLERK OF THE, BOARD By. By. 1 Date: _ __ _ l 0A1"r r-, ;c of`C.°ounc ' Approval: _ Bate of Board Alrov alp- 1);\FACi.ITiaswSABF'4>.ulO,8MPC%,MITE(nAliOd 4 FEEVA ITIGATIONFSHta24;L�_.^=hAL-.�k.iI,YbzcDa.DOC Page 3 of 3