HomeMy WebLinkAboutMINUTES - 10021990 - 1.49 BOARD OF SUPERVISORS ' )
FROM: '; Victor J. Westman; County Counsel
Cwtra
By: Kevin T. Kerr, Deputy County Counsel
Diana J. Silver, Deputy County Counsel
DATE: October 2, 1990
SUBJECT: Clarification of May 8, 1990 Board Order: Shell Avenue Family
& Women's Shelter
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
1 . Recommended Action
It is recommended that the Board clarify its May 8, 1990
Order, which changed the Shell Avenue project to a family and
women's shelter by,
1- rescinding its November 14, 1989 finding that the
Negative Declaration determination is appropriate for this
project.
2- rescinding its December 5, 1989 findings (Resol . 89/769 ) .
This action is consistent with the changed nature of the
project to a family and women's shelter and with the Board' s May
8, 1990 Order directing preparation and submission of pertinent
land use and/or environmental review packages as may be
necessary, given program designation.
It is further recommended that the Board direct that, in
conducting the new environmental and any necessary land use
review, staff consider the specific requirements of the two
recent grant awards made to the County for the homeless shelter
at this location.
II . Background
On November 14, 1989, the Board approved the Negative
Declaration for the proposed homeless shelter at 1391 Shell
Avenue, Martinez . On December 5, 1989, the Board affirmed the
Negative Declaration determination of November 14, 1989 for a
homeless shelter accommodating 35 men and women initially and
allowing a maximum 54 men and women at a future date. On
December 5, 1989, the Board made specific findings for the
proposed men and women shelter at Shell Avenue.
CONTINUED ON ATTACHMENT: YES SIGNATURE;��
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE S :
ACTION OF BOARD ON APPROVED AS RECOMMENDED ', OTHER _
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS (ABSENT AND CORRECT COPY OF AN ACTION TAKEN
AYES. NOES. AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC:
ATTESTED OCT 2 1990
PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
M382/7-83 BY DEPUTY
On May 8, 1990, the Board approved the Social Services
recommendation which changed the nature of the project to a
family and women's shelter to serve approximately 35 to 45
persons . In its May 8, 1990 Order, the Board directed the
preparation of all necessary environmental and land use review
for a family and women's shelter at the Shell Avenue location.
The Board' s previous approval of the Negative Declaration
was not specifically rescinded in the May 8, 1990 Order although -
withdrawal of the Board' s prior approval of the Negative
Declaration is apparent from the Board' s Order directing new
environmental review. On May 8, 1990, the Board did not
expressly rescind its previous findings of December 5, 1989
although such rescission is implied from the Board's direction
that new studies be conducted, if necessary, given the new
program designation as a family and women's shelter.
In order to clarify the Board's May 8, 1990 Orderdirecting
new environmental review and any necessary land use review; it is
recommended that the Board's Negative Declaration approval of
November 14, 1989 (confirmed December 5, 1989 ) and findings of
December 5, 1989 be specifically rescinded at this time.
Litigation is still pending against the County by the City of
Martinez and Citizens For a Safe Martinez based on the Board's
prior approval of the Negative Declaration and its December 5,
1989 findings . It is anticipated that the Board's express
rescission of the Negative Declaration and December 5, 1989
findings will result in dismissals of this, litigation on the
ground of mootness .
The federal grant for the shelter was made on August 24,
1990 . The state grant.'was made on September 4, 1990 . Before
grant money will be awarded, however, specific grant conditions
must be met. When the grant requirements are made available to
the Community Development Department,. they should be considered
a.s factors in the environmental review process as well as in any
other review that .is conducted.
III . Financial Impact
As this order constitutes only a clarification of the prior
Board Order of May 8, 1990, there is no financial impact.
IV. Consequences of the Negative Action
If the Board does not adopt this Order, it may not be clear
that when the Board ordered a new environmental and any necessary
land use. review on May 8, 1990, for the changed project at Shell
Avenue, that the Board intended to rescind its prior approval of
the Negative Declaration and its findings of December 5, 1989 .
This Order will clarify that the Board rescinds these prior
determinations in view of its May 8, 1990 direction that there be
new environmental review and any necessary land use review, to
consider the impacts of a family and women's shelter, given grant
terms and conditions, at the Shell Avenue, Martinez location..
DJS/jh/dh
cc: County Administrator Office
Attn: Scott Tandy
Social Services Department
Attn: James Rydingsword
Community Development Department
Attn: Mary Fleming
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