HomeMy WebLinkAboutMINUTES - 11291988 - 2.6 a . 2-006
T9 ';`' BOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel C tra
C )sta
DATE: November 17 , 1988 Co. ry
SUBJECT: Inviting Cities of Antioch, Concord,. and Pittsburg and
Contra Costa Water and East Bay Regional Park Districts to _
participate in pending Kirker Pass Landfill Site Litigation
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
1 . That the Cities of Antioch, Concord and Pittsburg, the Contra
Costa Water District and the East Bay Regional Park District are requested
to intervene (as parties) or in an amicus curiae capacity in the pending
Kirker Pass .Landfill site litigation (Land Waste Management v. C.C.C. , et
al. ,- C.C.C. Sup. Ct. #C88=3891 & U.S. Fed. Dist. Ct. #C88-3686 CAL) to
present their positions in opposition to Land Waste Management's claims.
2 . That this request be sent to the governing bodies of the above-
named cities and districts (together with copies; of the pleadings for . the
above-noted litigation) for their consideration,; action and response.
BACKGROUND:
Previously,. the firm of Land- Waste Management (Sid Corrie, Jr. , and
Associates ) submitted its request for County Planning Agency (Planning.
Commission and Board of Supervisors) approval of its proposed project. for a
landfill operation at its Kirker Pass site. After the preparation ofa
draft environmental impact report and public hearings before the County
Planning Agency, the proposed Kirker Pass Waste 'Management Landfill project
was not approved.
Thereafter, Land Waste Management initiated litigation (by- filing
C.C.G. Superior Court #C88-03891 and U.S. Fed. Dist. Court #C88-03686 CAL)
against Contra Costa County and its Supervisors ;concerning the proposed
Kirker Pass Land Waste Management Landfill project. In its legal actions
Land Waste Management claims, in part, that pursuant to California's Permit
Streamlining Act its Kirker Pass Landfill site project and its draft EIR
are deemed approved and that the County must be ,mandated to issue all
necessary permits to allow the establishment and, operatilon of the landfill
site.
In the past, representatives of the Cities of Antioch, Concord and
Pittsburg and the Contra Costa Water and East Bay Regional Park Districts
have expressed their view that the proposed Kirker Pass Landfill site
CONTINUED ON ATTACHMENT: X YES SIGNATURE: ��►
RECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMENDATION OF BO RD COMMITTEE
APPROVE _ OTHER
SIGNATURE S :
ovem er 29, 1988X
ACTION OF BOARD ON _ .AYTPROVED A5 RECOMMENDED OTHER
Because of a tie vote, NO ACTION TAKEN on above recommendation.
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
_ UNANIMOUS ,(ABSENT AND CORRECT COPY OF AN ACTION.TAKEN
AYES: IV, V NOES*_ I, II AND ENTERED ON TFC' MINUTES OF THE BOARD
ABSENT: III. ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
p
cc: County Counsel ATTESTED .�Lc.lc./ oZ t /9Onq
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382/7-83 - .
should not be approved by the County. For this reason, it would appear
that they would be interested in intervening in the above-noted legal
actions as parties or in an amicus curiae capacity to protect their
expressed positions as to Land Waste Management's claimed "automatic"
approval of its Kirker Pass site and right to now establish the site as an
operating landfill site.
VJW:df
INSTRUCTIONS FOR IPIAKIRS
I. Complete the Request to Speak fore below and deposit it in the bos to the left of
the speaker's ticrophone.
2. When called upon to jmake your presentation, speak into the mscrephone. Begin your
presentation by stdtang your name and address; state whether you are speaking for
yourself or as a representative of an organisation.
3. provide the Clerk with a copy of your presentation or support documentation, if
available.
A. please make your presentation brief and avoid repeating comments made by other
speakers.
FORKAT FOR PUBLIC IMARTWGS
A. Staff presents the subject of the hearing.
B. Applicant or initiator presents his/her case.
C. Leading Organisation or spokesperson opposed to the issues presents his/her
opposition.
D. Other individuals present their comments.
I. In an appeal, the applicant is given time for rebuttal.
**Depending on the number of speakers, the Chair reserves
the right to set time limits on speakers' presentations.**
(Return lover portion of this fore to clerk)
--_----------------------------------------------------.._..�__»..�.�.»�
RECMST TO SP'W FORM
Complete this form and place it in the box near the speakers' rostrum before
addressing the Board.
DATE t p$OR€ i S 1 -7-5- 7
�
A /� Reprsseating
�DD1tL"SS � _ �, ` self or organization V", Z- +N N'1
CITY ,CA-
Check and Complete the itne applicable to year presentation:
+� I wish to speak Agenda Item # ,210'(0-
Xy
,2.oXy eo■imentsisrill beera
gem I - for„_ against ��.
I fish to speak sn the general subject of
I de tot Vish to speak but leave these comments for the Board to Consider.
I
I
continue as reverse side