HomeMy WebLinkAboutMINUTES - 08171993 - X.3 X.
Contra
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TO: BOARD OF SUPERVISORS ; _--��- - ; Costa
FROM: Victor J. Westman, County Counsel "`t �4° County
By: Diana J. Silver Deputy County se
y p y C y Coun 1
T'4co
DATE: August 16, 1993
SUBJECT: Carol Baird, et, al. v. County of Contra Costa (Bi-Bett Corporation,
real party in interest) : LUP # 2090-91 and related Negative
Declaration
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
I . RECOMMENDATIONS:
Set aside and vacate issuance of LUP #2090-91 and the Negative
Declaration certified in connection with such issuance.
II . BACKGROUND/REASONS FOR RECOMMENDATIONS
On July 12, 1993, judgment was filed granting a peremptory writ of
mandate to petitioners Carol Baird, et al. in the above-referenced
matter. Bi-Bett Corporation had obtained a land use permit to
construct a youth, drug and alcohol treatment facility on Bi-Bett
property. Petitioners asked the superior court to vacate the Board
of Supervisors' issuance of the land use permit claiming that a
negative declaration of environmental significance was not the
appropriate environmental document and claiming that an
environmental impact report was required before the project could
be approved. Pursuant to the court's judgment in petitioner' s
favor, the County of Contra Costa has been ordered to set aside and
vacate issuance of LUP #2090-91 and the related negative
declaration. The County must show compliance with the writ by
August 25, 1993 .
III . FINANCIAL IMPACT
Petitioners have been awarded costs from respondent County of
Contra Costa and real party in interest Bi-Bett Corporation. A
memorandum of costs has been filed by petitioners alleging
$3, 118 . 03 total costs incurred, including $2, 939 . 03 for preparation
of the administrative record billed by the County to petitioners
but not yet paid to the County.
IV. CONSEOUENCES OF NEGATIVE ACTION:
As the County is under court order to vacate its issuance of the
land use permit and negative declaration, unless a timely appeal is
filed, the County will be in contempt of the court order and
subject to monetary sanctions .
CONTINUED ON ATTACHMENT: YES SIGNATURE
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON August 17 . 1993 APPROVED AS RECOMMENDED _x OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
X UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig: County Counsel's Office ATTESTED August 17, 1993
cc: County Administrator PHIL BATCHELOR, CLERIC OF
Attn: John Gregory THE BOARD OF SUPERVISORS
Community Development Dept. 1COUR
ADMINISTRATOR
Attn: Dennis Barry...
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