HomeMy WebLinkAboutMINUTES - 12191989 - 2.1 (2) 2 .10
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 19, 1989 by the following vote:
AYES: Supervisors Fanden, Schroder and McPeak
NOES: Supervisor Torlakson
ABSENT: Supervisor Powers
ABSTAIN: None
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SUBJECT: Reports on validity of signatures on Landfill Referendums
and report from District Attorney on use of public resources
to support or oppose ballot measures, and report from County
Counsel on referendums.
The Board had before it a report from the Clerk-Recorder
certifying the validity of signatures on the landfill site referendums
filed by the Cities of Pittsburg and Antioch; a report from County
Counsel on referendums; and a report from the District Attorney, in
response to Board referral, commenting on use of public resources to
support or oppose ballot measures.
The County Administrator noted that. the report from the
County Clerk indicates that there has been enough votes turned in for
both referendums to qualify for the ballot, that the District Attorney
has reported that the law is unclear and the question of use of public
resources to support or oppose ballot measures has been referred to
the State Attorney General and his response is awaited. He noted that
the Board' s options are to repeal its previous resolutions approving
the general plan amendments for the five landfill sites, or to
approve the referendums for the ballot.
County Counsel advised that it is the Board' s duty, within a
reasonable period of time, to address the question of whether to
repeal one or both of the resolutions adopted October 10 and October
17 , 1989, or put them on the ballot for consideration by the voters.
He suggested that if the Board is considering putting them on the
Primary Election Ballot in June, that decision would have to be made
not later than the first week of March. He noted that during the
period of time until the two resolutions are repealed or placed on the
ballot, the approval of the General Plan Amendments are in effect
suspended and of no effect.
Board members discussed with County Counsel the effects of
the two referendum petitions and which sites would be affected.
Chairman Torlakson invited anyone who had submitted a
request to speak to address the Board at this time.
P. Lawrence .Klose, Berliner, Cohen and Biagini, 10 Almaden
Boulevard, Suite 1100, San Jose, 95113 , attorney for the City of
Antioch and the Save Our Parks Committee, discussed his clients'
concerns about the East Contra Costa (Garaventa) -Landfill, and
addressed the actions and sites he believed to be covered by the two
different referendum petitions. He urged the Board to eliminate the
East Contra Costa site from further consideration, citing the results
of the vote by a 2 to 1 margin not to approve this as Ia general plan
site when it was proposed as a positive measure on the last ballot.
Supervisor Torlakson advised that he was prepared to make a
motion to repeal approval of the Garaventa site and the Kirker Pass
and Keller-Bailey sites, but first he would invite other Board members
to comment in terms of direction for today, noting that Counsel has
advised that the Board does not have to vote today in terms of
setting the election or moving to repeal, but it does have a
reasonable time within which to do that.
.Supervisor McPeak noted that the petitions before the Board
brought forward by the City of Antioch and the City of Pittsburg are
valid, having the sufficient number of signatures, and the Board
eventually will have to make the choice of either rescinding its
resolutions approving the General Plan Amendments or placing the
matter on the ballot for the voters to decide. She declared that she
thought it would be a major mistake for the Board to retreat from the
action it has taken, and that she was not prepared to rescind the past
actions. She commented that she thought that the Board had made
significant progress on the issue of solid waste management this year,
and it needs to declare today what its intent is.
The County Administrator noted the significant progress made
and advised that the State Waste Management Board had, on Friday,
December 15, 1989, approved the County' s Solid Waste Management Plan.
Supervisor Schroder urged the Board to sometime in the very
near future, indicate its intent to place this matter on the June
ballot, and not hold a special election,, and allow the voters of
Contra Costa County to make the determination at that time.
Supervisor Torlakson moved to repeal approval of the East
Contra Costa (Garaventa) site. The motion died for lack of a second.
Supervisor Fanden moved to uphold the Board' s previous
actions of October 10' and October 17 , 1989, commenting on the
necessity of trying to explain to the public the necessity and
importance of supporting the Board' s actions.
The motion was seconded by Supervisor McPeak.
Supervisor Torlakson. advised that he would be voting against
the motion, noting that he was prepared to move to leave the matter
open for further legal research on what the Pittsburg referendum means
and which sites it covers. He noted that he was in favor of directly
repealing approval of the Kirker Pass and the Keller-Bailey sites. He
reviewed the scenario of possible future referendums and ballot
measures should the Board not repeal its previous actions.
Supervisor McPeak moved to declare intent to place the
Antioch and Pittsburg referendum petitions on the ballot in the June
1990 Primary Election. The motion was seconded by Supervisor Fanden.
Supervisor Torlakson discussed further referendum action and
how it would affect the timetables for action on the landfill matters,
including the possibility of precluding the matter being placed on the
November 1990 General Election Ballot if necessary. .
Supervisor Fanden moved to amend the motion to include that
staff is directed to be prepared to proceed with necessary action
immediately following the June 1990 election in order to maintain the
previously designated time schedule.
Board members discussed with staff which sites are in
agricultural preserves and which sites require rezoning, as well as
which sites have current applications filed.
IT IS BY THE BOARD ORDERED that it UPHOLDS its decisions
contained in Resolutions 89/565 and 89/683 relative to a combined
General Plan Amendment to designate sanitary landfill sites and
DECLINES to repeal them; DECLARES its present intent to subsequently
order the Antioch and Pittsburg referendum petitions placed on the
ballot in the June 1990 Primary Election; and DIRECTS staff. to provide
a proposed election order, and to be prepared to proceed with
necessary actions immediately following the June 1990 election in
order to maintain the previously designated time schedule.
I.#hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervis re on the date shown.
cc County Counsel _aj�� ! t �gam_.
Community Development PHIL BATCHELOR Clerk of the Board
County Administrator of SupWvb=wWCounty Administratof
Deputy
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