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Home My WebLink AboutMINUTES - 09271994 - 1.8 (2) 180 through 1.83 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 27, 1994, by the following vote: AYES: Supervisors Smith, DeSaulnier, Torlakson and Bishop NOES: None ABSENT: Supervisor Powers ABSTAIN: None SUBJECT: CORRESPONDENCE Item No. V/1.80 LETTER dated September 14, 1994,from David Goldman, Wendel Rosen Black&Dean,P.O.Box 2047,Oakland 94604,Attorney for a number of Marsh Creek area residents,asking that the County bring to the attention of the State Court of Appeals concerns relating to mercury contamination in Marsh Creek. ***REFERRED TO COUNTY COUNSEL 1.81 LETTER dated August 29, 1994,from M.L.Cohen,President of the Alameda-Contra Costa Medical Association, P.O. Box 2895, Oakland 94618, offering to renew discussion for a public/private partnership. ***REFERRED TO COUNTY ADMINISTRATOR AND HEALTH SERVICES DIRECTOR 1.82 LETTER dated September 13, 1994, from M. Erbez, Mayor, City of Pittsburg, P.O. Box 1518, Pittsburg 94565,requesting the County to establish a schedule of discussions designed to meet the mitigation objective and negotiation timeline. ***REFERRED TO DIRECTOR, GROWTH MANGEMENT AND ECONOMIC DEVELOPMENT AGENCY AND COUNTY COUNSEL 1.83 LETTERS from various County residents opposing removal of CSPAN from TCI Channel 19 in favor of CCTV. ***REFERRED TO COUNTY ADMINISTRATOR AND AUTHORIZED THE CHAIR TO SIGN A LETTER TO TCI WITH COPIES TO SENATORS,ASSEMBLYMEN,AND U. S. REPRESENTATIVES IN CONGRESS EXPRESSING CONCERN WITH THE REMOVAL OF CSPAN FROM TCT CHANNEL 19 IN FAVOR OF CCTV 1 hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Suoe�sora the Al�a�te shown. ATTESTED. ��UW 14 a t PHIL BATCHELOR,Clerk of the Board �� 1,�vJ� of Supervisors and County Administrator By ;�i�nIlGn�. l ,Deputy cc: Correspondents County Administrator County Counsel Health Services Director Director, Growth Management and Economic Development Agency WENDEL 1111 Broadway KO J E N Twenty-Fourth Floor Oakland,California 94607 BLACK Please Reply To: 2047 C�DEAN Oakland, Office Box nd,California 94604604 —2047 _��Telephone:(510)834-6600 Attomeys at Law 192 WEM yk SEP 1 September 14, 1994 CLER CoN RDOF S C '4 VIA FACSIMILE AND U.S. MAIL Honorable Tom Torlakson County Supervisor Contra Costa County 651 Pine Street, Room 106 Martinez, CA 94553 Re : Mt . Diablo Quicksilver Mercury Mine Dear Supervisor Torlakson: We applaud your efforts to address the mercury contamination in Marsh Creek created by the Mt . Diablo Quicksilver Mercury Mine. As you may recall, this office represents a number of. residents of the Marsh Creek area who raised related environmental concerns regarding a proposed twenty bed youth alcohol and drug treatment facility that was to be located at Diablo Valley Ranch, 11540 Marsh Creek Road. In March 1992 our clients presented evidence and testimony at a Board of Supervisors hearing establishing that the proposed teenage drug facility was to be located immediately adjacent to the polluted waters of Marsh Creek and its teenage residents would be using recreational facilities where huge unprotected oil storage ponds once existed during the time the property was owned by Shell Oil Company. Nonetheless, the Board of Supervisors voted to approve a conditional use permit for the facility and the issuance of a negative declaration of environmental significance. Since that time, our clients obtained a writ of mandate from the Contra Costa Superior Court vacating the County' s approval . As you may know, Bi-Bett Corporation, the owner of Diablo Valley Ranch, appealed that decision and the matter is now pending before the California Court of Appeal, Division 5, in an action entitled Baird v. County of Contra Costa, Bi-Bett Corporation, Number A063082 . 9426001\159556.1 f ' Honorable Tom Torlakson WENDEL, ROSEN, BLACK&DEAN September 14, 1994 Page 2 After this appeal was filed, the Contra Costa Times undertook an extensive investigation of the mercury pollution caused by the Mt . Diablo Quicksilver Mercury Mine and uncovered substantial evidence that the health and welfare of the Marsh Creek area residents are at risk. We are confident that if the Board of Supervisors had the information in 1992 that the Contra Costa Times has now gathered, it would have required an environmental impact report before issuing a conditional use permit allowing twenty teenagers, and numerous staff and family members, to live, work and play next to the mercury contaminated waters of Marsh Creek without any safeguards or mitigation measures being adopted. As part of our response to Bi-Bett' s appeal, this office tried unsuccessfully to submit to the State Court of Appeal the information uncovered by the Contra Costa Times investigation. Without this information, the State Court of Appeal may be deprived of the same compelling, relevant evidence that has now caused the County to create a task force to study and mitigate the pollution caused by the mine . Therefore, on behalf of these residents of Marsh Creek, we ask that the Board of Supervisors direct County Counsel' s office to request that the State Court of Appeal allow the County to file a brief so that this newly discovered information may be brought to the Court' s attention and the County can express its concern regarding the issuance of a conditional use permit that allows twenty teenagers to live and play next to Marsh Creek without a study of the resulting environmental impacts . Time is of the essence. It is anticipated that the final briefs will be submitted within the next thirty to sixty days . We look forward to hearing from you in the very near future so that the health and safety of all residents along Marsh Creek, now and in the future, can be protected and preserved. Very truly yours, WENDED,, ROSEN, BLACK & DEAN David Goldman DG:pmm cc : County Board of Supervisors Victor J. Westman, County Counsel Clients 9426001\159556.1