HomeMy WebLinkAboutMINUTES - 10181988 - T.4 .w'
T. 4
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 18, 1988 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder
NOES: None
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing on Administrative Appeal of Gene Dickey from
Decision of the Public Works Director Relative to a
Negative Declaration for the Marsh Creek Watershed
Study
The Board on September 20, 1988 , continued the hearing on the
administrative appeal of Mr. Gene Dickey, 752 Oak Street,
Brentwood, from the decision of the Chief Engineer of the Contra
Costa County Flood Control and Water Conservation District to file
a Negative Declaration for the Marsh Creek Watershed Study (County
file #CP 88-69) .
Bud Murphy, representative of the Flood Control District,
advised that the project consists of instituting a regional drain-
age plan for the Marsh Creek Watershed and the adoption of a
drainage fee ordinance to cover construction costs. He noted that
the area is identified for future development and commented on the
need to identify and provide for the protection of the right of way
for drainage facilities.
Supervisor Powers referred to a communication received from
the attorney for the S. H. Cowell Foundation advising that no
official notice regarding the Negative Declaration was received.
Mr. Murphy responded that the Community Development Department
does not have mailing lists applicable to Negative Declarations.
The hearing was opened.
Gene Dickey expressed concern that the proposed project only
addresses the Marsh Creek basin and not the surrounding area. He
commented on the need for a full Environmental Impact Report to
address the many issues associated with this project. He referred
to the high level of mercury in the area and spoke on the need to
contain the mercury released in the excavation process from enter-
ing the watershed. Mr. Dickey presented a multi-signature petition.
requesting a complete environmental study of the entire watershed
of Mt. Diablo, Marsh Creek tidal area, and Big Break. wetlands in
the vicinity of Brentwood and Oakley.
Other persons speaking in support of the appeal and the need
for a full Environmental Impact Report were:
Ed Swope, 8 Balfour Road, Brentwood;
A. B. McNabney, Vice President-Conservation, Mt. Diablo
Audubon Society, P. O. Box 53 , Walnut Creek 94596;
Nathan Fisher, (address unclear) , Brentwood; and
Mark Evanoff, attorney representing the Greenbelt Alliance,
116 New Mongtomery Street, Suite 690, San Francisco 94105 .
Nathaniel Taylor, attorney representing the S. H. Cowell
Foundation, Law Firm of Thelen, Marrin, Johnson & Bridges, One
Kaiser Plaza, Suite 1950, Oakland 94612-3613 , advised. that the
Foundation' s property consists of approximately 5,000 acres sur-
rounding the Marsh Creek Dam and reservoir and of the impact on
this property by the plans proposed in the subject Watershed Study.
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He advised that his client was not given proper notice of the Flood
Control District' s decision to issue a Negative Declaration. He
requested the Flood Control District to reconsider its decision to
issue a Negative Declaration. Mr. Taylor further requested that
consideration of the proposed project be postponed until a full
Environmental Empact Report has been conducted.
All persons desiring to speak were heard.
Supervisor Torlakson expressed concern that the noticing
process was incomplete and should be reviewed by the departments
involved to correct deficiencies in this area. He referred to the
issues presented today by the speakers and expressed a willingness
to meet with all interested parties including representatives from
the County and the cities of Antioch and Brentwood to facilitate
some fact finding. Supervisor Torlakson noted that staff is
trying to respond to existing growth plans and expressed concern
about future growth and infrastructures not specified in the County
General Plan or the General Plans of the cities of Antioch and
Brentwood.
Supervisor Powers expressed support for immediately initiating
a full environmental. review process on the Marsh Creek Watershed.
Therefore, IT IS BY THE BOARD ORDERED that the Public Works
staff is INSTRUCTED to re-initiate the CEQA process for the Marsh
Creek Watershed Study, including the participation of all parties
involved, and in due course report to the Board on same.
cc: Mr. Dickey
Public Works Director 1 heroby certify that this is a true and cormcl,napy of
County Counsel an action taken and entered on the minutel, of the
Director, Community Development Board of Supervisors on the dale shovin.
Mt. Diablo Audubon Society r
PHIL BATCHELOR, CierV of the Board
of Supervisors and County Administrator
By .-()` r�r �� ,Deputy