HomeMy WebLinkAboutMINUTES - 01211992 - H.3 H. 3
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on January 21, 1992 by the following vote:
AYES: Supervisors Powers, Schroder, Torlakson and McPeak
NOES: Supervisor Fanden
ABSENT: None
ABSTAIN: None
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SUBJECT: Hearing On Administrative Appeal by Carole Baird, Et
Al, On Building Permit No. 170731, Clayton Area.
On October 22, 1991, the Board of Supervisors continued to this
date the hearing on the administrative appeal by Carole Baird, et al,
of the issuance of a Building Permit No. 170731 for construction of a
youth drug facility at 11540 Marsh Creek Road in the Clayton area.
Dennis Barry, Community Development Department, presented the
staff report and recommended continuing the hearing to March 17, 1992,
based in part on a request by Kenneth Scheidig, Attorney for Bi-Bett
Corporation, dated January 13 , 1992 . Mr. Barry also commented on a
brief history of the Land Use Permit application of Bi-Bett
Corporation for a drug and alcohol rehabilitation facility on a
portion of its property at 11540 Marsh Creek Road, and he advised that
Bi-Bett Corporation had been in discussions relative to possible
alternate sites. Mr.Barry presented the staff recommendation that the
consideration of the Land Use Permit application by the Planning
Commission be concluded prior to the Board of Supervisors '
determination on the appeal of the building permit.
The following persons appeared to speak:
David Goldman, Wendel, Rosen, Black, Dean & Levitan, 1221
Broadway, Oakland, attorney for the appellants, presented for the
record a letter dated January 15, 1992, expressing opposition to
continuing the matter. Mr. Goldman also presented for the record a
letter dated December 10, 1991 relative to comments to the Negative
Declaration of Environmental Significance dated November 19, 1991.
Mr. Goldman submitted for the record a copy of the Peremptory Writ of
Mandate ordering this appeal and a suspension of the building permit,
and he submitted a copy of the notice from the Clerk of the Board of
Supervisors dated October 3 , 1991. He requested that the matter be
heard now and disposed of.
Supervisor Torlakson requested clarification from Mr. Goldman on
allegations relative to the potential of petroleum products or
contamination and the relationship to the house.
Mr. Goldman advised that this is all on the same parcel as the
existing facility, the Diablo Valley Ranch, and that the oil ponds and
the septic system that' s gone bad should be investigated.
Victor Westman, County Counsel, indicated that presumptions that
have been made by Mr. Goldman about Mr. Westman' s subjective view
concerning this application were incorrect and he expressed agreement
with the staff ' s report of no prejudice to Mr. Goldman' s client.
Susan Cinelli, Bi-Bett Corporation, spoke on the Land Use Permit
application of Bi-Bett Corporation in process, on the alternate site
compromise discussions, and she requested that this matter be
continued.
Supervisor Torlakson requested clarification on the disposition
of Pride House.
Ms. Cinelli commented on the status of their contact with the
management of Pride House.
Kenneth Scheidig, 2340 Tice Valley Boulevard, Walnut Creek,
attorney for Bi-Bett Corporation, spoke in support of the staff
recommendation for a continuance, commented on issues before the Board
on this matter including the possible alternate site and the Land Use
Permit application.
Supervisor Fanden requested further comment on the issue of the
Pride House as a possible alternate site.
Susan Cinelli responded on the efforts of Bi-Bett to pursue the
Pride House as an alternate site.
Supervisor McPeak questioned whether either party would appeal
the decision of the Planning Commission on the Land Use Permit
application.
Mr. Scheidig indicated he could not commit his client but would
present the options to them.
Mr. Goldman advised that his clients have not made a final
decision but indicated that they are intent upon appealing it at every
available administrative level.
The Board discussed the request to continue the matter.
Supervisor Fanden expressed opposition to continuing the matter.
Mr. Westman advised the Board that the hearing was not complete
and that the Board has not heard from Bi-Bett and their position on
whether a Land Use Permit is required or not and expressed concurrence
with staff that the Land Use Permit issue be allowed to resolve
itself.
Supervisor Torlakson moved to continue the hearing to no later
than March 10, 1992.
Supervisor Fanden requested clarification on the Writ of Mandate.
Mr. Westman responded to Supervisor Fanden' s request.
Supervisor Torlakson requested a status report from the County
Administrator' s office on Pride House.
Supervisor McPeak requested a review by the Director of Health
Services on options being considered.
IT IS BY THE BOARD ORDERED that the hearing on the Administrative
Appeal by Carole Baird, et al, on Building Permit No. 170731, Clayton
area, is CONTINUED to March 10, 1992; and the County Administrator and
Health Services Director are requested to provide, as appropriate,
status reports on the Pride House situations and options concerning
it.
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Orig. Dept. . Clerk of the Board Board of sup isors on the data shown. —
cc: County Counsel ATTESTED:
Count Administrator PHIL TCHELOR, 1 rk of the Board
County Supe is and Coun Administrator
Health Services Director
Bi-Bett Corporation
Carole Baird, et al By ,Denuty