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Correspondence for September 13, 1994 Page 2
1.155 CLAIMS received August 29, 1994, filed by C. Gulley, Tax Manager, USAir, 2345 Crystal Drive,
Arlington ,VA 22227, for refunds of property taxes filed for fiscal years 1987-1988 through 1990-
1991.
***REFERRED TO TREASURER-TAX COLLECTOR, ASSESSOR AND COUNTY
COUNSEL
1.156 LETTER dated September 8, 1994, from Tom Powers, Chair, Board of Supervisors, 100 - 37th
Street,Room 270,Richmond 94805,to President,Browning Ferris Industries, on the Keller Canyon
Landfill tipping fees.
***REFERRED TO DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC
DEVELOPMENT AGENCY
1.157 LETTER dated August 4, 1994,from S. Garaventa, Sr.,President, Garaventa Enterprises, P.O. Box
5397,Concord 94524, advising that the company is developing a transfer station to serve Central
and East Contra Costa County, is entering into an agreement with Potrero Hills Landfill, Inc., and
West Contra Costa Sanitary Landfill, and is applying for a rate of$41.50 per ton at the gate of the
transfer station, subject to the approval of the City of Pittsburg.
***REFERRED TO DIRECTOR, GROWTH MANAGEMENT, AND ECONOMIC
DEVELOPMENT AGENCY FOR REPORT ON SEPTEMBER 27, 1994.
1.158 LETTER dated September 7, 1994,from M. Green, Superintendent,Byron Union School District,
14401 Byron Highway, Byron 94514, requesting that consideration be given to inclusion in the
Alberts 11 General Plan Amendment a requirement for the developer(s)of residential property within
the subject area to fully mitigate the effect of such development upon the School District.
***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR
I hereby certity that this i3 a true and correctcopy of
an action taken and ontered on the minutes of the
Boa��erk
date shown.
ATT • (IX l q q
oft the Board
of Supervisors and county Administrator
gy h�i inea� 4dt .Deputy
cc: Correspondents
Fire Chief, Contra Costa County Fire Protection District
Health Services Director
Public Works Director
Social Service Director
Community Development Director
County Counsel
Treasurer-Tax Collector
Assessor
Director, Growth Management and Economic Development Agency
Byron Union School District
14401 Byron Highway
Byron, CA 94514
September 7 , 1994
RECEIVED
Board of Supervisors SEP _ 8 W4
County of Contra Costa
651 Pine Street CLERK BOARD OF SUPERVISORS
Martinez , California 94553 CONTRA COSTA CO.
Re: Effect of Albers II General Plan Amendment
on Byron Union Elementary School District
Dear Clerk of the Board:
I am writing to you on behalf of the Byron Union Elementary
School District, to request that, in approving the Albers II
General Plan amendment, you require the developer (s) of
residential property within the covered area to fully
mitigate the effect of such development upon the School
District.
As was discussed when the School District appeared before
you on the appeal of the Zoning Administrator' s decision to
approve Phase I of the Albers Property development, this
development will have a substantial impact upon the School
District. We anticipate that approximately 49 students will
be generated by the project. Since the School District has
no remaining capacity to house additional students, it will
have to build additional facilities, at a cost of nearly
$470, 000 to the School District for these 97 homes alone.
On A`-ust 1, 1.994 , the "School Di-strict appeared 'uefor e the
East County Regional Planning Commission of th•e County of
Contra Costa, to address this issue. As a result of the
discussions at that meeting, the Planning Commission has
recommended that the School District revise its Facilities
Plan and that the developer(s) pay their share of the costs
of the facilities that are necessitated by the development,
the cost to be determined according to the facilities plan.
Although the School District is in agreement with the
concept proposed by the Planning Commission, it requests
that the proposed language be amended prior to adoption by
the Board of Supervisors . (While the concepts were
discussed by the Planning Commission, we did not have the
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Board of Supervisors
County of Contra Costa
September 2 , 1994
Page 2
opportunity before the Commission to discuss the actual
language to be proposed. )
The School District requests that the proposed Policy 3-9x
to the General Plan, as suggested for the Albers II General
Plan Amendment, be amended as shown:
Development of the Albers II general plan amendment
area is intended to accommodate up to 97 residential
units. Development applications within the general
plan amendment area will be approved only upon
assurances, through project conditions of approval to
the extent allowable under State law, that all needed
public facilities, including school facilities enn w '1
...............
. ...........
be provided. Tire-applieant wi„ pay ,pgrp�e se)46* 1
m iti ga t i en-fees-tea-sed-e n--a-n-adequate-s elle e, f a e; , ; }; es
pin- The applicant will fully mitigate the cost of
school facilities : to Youse e: students
reasonaby anticipated to 1?e generated ,by the genera
plan amendment, by; paying school fac� litxes mitigation
Ed..... or establishing a Mello Roos Community Favi lues
bist:r ct to benefit the school dLstrlct (s) , ; the .amount
o;f which fees or axeso :o be based ;on an adequate
.
school facilat�es plan The Byron Union School
District will initiate the process to prepare its
school facilities plan in a timely manner. rI'Y :e
f3G1l1 .... plan will be approved by; the County unless
s adoption by the S'chool ;Dastrict: is found . be
...:..
.. .. ........
arbitrary; or caprl;cioii;s
In addition, the School District requests that the following
sentence be added to the EIR Addendum for the Albers II
General Plan. Amendment:
The facilities plan will be approved by the County
unless its adoption by the School District is found to
be arbitrary or capricious.
As recommended at your August 16th hearing on our appeal of
the Zoning Administrator' s decision, we are working with
I Language suggested by the Planning Commission
which the School District would like to have omitted is
typed in strikeout type, while language which the School
District would like to have included is typed in redline
type.
♦ ;r
tl e
7
d _
Board of Supervisors
County of Contra Costa
September 2 , 1994
Page 3
Centex Homes to determine if we can negotiate a mutually
agreeable solution to this issue without involving the Board
of Supervisors. However, as I will be describing to you in
that context, we do not expect that process to be concluded
prior to your decision on the Albers II General Plan
Amendment. - Consequently, we request that you include this
language in the documents adopted in implementing this
issue.
On behalf of the School District, I want to thank you for
the consideration you are giving the needs of the School
District as residential development within the School
District increases. If you have any questions as you
consider this issue prior to hearing, please do not hesitate
to contact me, at (510) 634-6644 .
Very truly yours,
It Margat Green
Superintendent
cc: Steven P. Garrett, Centex Homes