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TQ: BOARD OF SUPERVISORS Contra
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FROM: .;. Costa
INTERNAL OPERATIONS COMMITTEE
County
DATE: October 22, 19 9 0 °rT'----�o--
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SUBJECT: REPORT ON THE STATUS OF APPOIN'T'MENTS TO THE CITIZENS' ADVISORY
COMMITTEE ON THE MARSH CANYON LANDFILL
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1. Request County Counsel to review the attached letter dated
October 11, 1990 from Mary H. Williams, President, Marsh
Creek Association in light of the language in the conditions
of approval for the Marsh Canyon Landfill Site to determine
whether any of the actions taken by the Board of Supervisors
on October 2, 1990 in establishing the Citizens' Advisory
Committee in any way conflict with the conditions of
approval and provide our Committee with any advice he has in
this regard on November 26, 1990.
2. Request the Community Development Director .to report to our
Committee on November 26, 1990 the names of all nominees for
the Citizens' Advisory Committee.
BACKGROUND:
On October 2, 1990 the Board of Supervisors established a
Citizens' Advisory Committee for the Marsh Canyon Landfill Site,
consistent with the conditions of approval for the Land Use
Permit for the Marsh Canyon Landfill Site and designated the
types of organizations which should be made members of the
Committee.
On October 22, 1990 our Committee met with staff from the
Community Development Department, County Counsel and a
representative from the Marsh Creek Association. We. also
CONTINUED ON ATTACHMENTYe S YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT
APPROVE OTH R
SIGNATURE(S): iTNNF WRTM4T McPF.AK TOM POWERS
ACTION OF BOARD ON not nhe r 1 n., l 9 9 0 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X 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 jo 9�J0
PHIL BATCHELOR,CLERK OF THE BOARD OF
County Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Community Development Director
County Counsel —
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4 - DEPUTY
M382 (10/88)- --
reviewed the letter from the Marsh Creek Association. Since most
organizations have not yet provided staff with the names of their
nominees we are asking that a complete list of the proposed
membership be forwarded to our Committee on November 26, 1990 and
at the same meeting that County Counsel report to us on whether
any of the Board' s actions conflict in any way with the
conditions of approval for the Land Use Permit for the: Marsh
Canyon Landfill Site, as such conditions pertain to the formation
of the Local Advisory Committee. We will return to the Board
with the membership of the Citizens' Advisory Committee after our
November 26, 1990 meeting.
Contra Costa County
MARSH CREEK ASSOCIATION RECEIVED
OCT 15 1990
Office of
October 1.1 , 1990 County Administrator
To: internal Operations Committee
Contra Costa County Board of Supervisors
Martinez, Calif.
Supervisors: Tom Powers and Sunne Wright McPeak
We recently obtained a copy of your recommendation to establish a
Citizens' Advisory Committee for the proposed Marsh Canyon landfill
site. The Marsh Creek Association has not as yet received any notice
from County Staff regarding this matter. However, we understand
that it will be on the 1/0 Committee agenda on October 22, 1990.
We feel that this action is premature in that the Marsh Canyon site
has not passed legal challenge or obtained necessary permits. In
addition, your previous actions on other proposed sites have been
predicated on voter approval and this site will not be addressed by
the voters until November 6. Since this proposed site has not been
proved to be appropriate and may very likely be determined to be in
conflict with the new land use conditions addressed for this area by
Measure E on the November ballot we would suggest that the
formation of the Citizens' Committee be delayed until after the
election.
We feel that the Marsh Creek Association is an appropriate
organization to be represented on this type of committee and if the
committee is formed we will elect representatives for membership.
Further review of your recommendation raised several issues that
need to be addressed prior to formation of this advisory group. If
your purpose is to abide by the conditions of approval for land use
permit #20-10-90, some aspects of your recommendation are in
violation of those conditions. Some of the items that were
immediately apparent are:
Your Recommendation:
"Our Committee (1/0 Committee) will recommend the
precise composition of the Committee and the individual
members."
LUP Condition 11.2:
"....local advisory committee consisting of elected
representatives......
Violation:
Your requirements for application and your plan to
recomend membership indicates that these
representatives would not be elected by their groups.
Your Recommendation:
...to include representatives from the following:
.......................I
...........................
The East County Regional Planning Commission
The East County Transportation Committee
(Transplan)
One or more representatives from commercial or
industrial firms which will be served by the Marsh
Canyon Landfill Site.
.........................
it
........................
etc....
LUP Condition 11-2:
"...consisting consisting of elected representatives of local
residents and neighborhood associations...."
Violation:
The composition elements listed above are just some of
those proposed in your recommendation that would
not be described as representatives from "local residents
and neighborhood -associations". In fact there are no
commercial or industrial firms in the local areaofthe
proposed site. The Regional Planning and Transportation
Committee members are aR
- . ited by the Board of
Supervisors and would not fit the description of elected
representatives and are certainly not considered to be
local neighborhood associations.
In addition to a need to address these deviations from the conditions
of approval, we also suggest that the charter and decision making
powers of the citizens committee need to be defined by the
members-of the committee. We would expect that the 1/0 committee
and county staff might provide input but not direction to this
development effort.
Since the composition of this group is to be local elected
representatives, we will need your October 22, 1990 meeting and
any subsequent meetings to be scheduled after 6 p.m. so that the
members will be able to attend'.
We would appreciate and expect a prompt reply to the issues
addressed in this letter. Please either call me directly on 415-672-
8514 after 7 p.m. or mail your reply to 13950 Marsh Creek Rd.,
Clayton 94517, so that it will be received before October 17.
I// agryy WilliamsV
President
Marsh Creek Association
cc: Board of Supervisors
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