HomeMy WebLinkAboutMINUTES - 04211987 - 3.1 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 21 , 1987 , by the following vote:
AYES: Supervisors Powers, Torlakson, McPeak
NOES: Supervisor Schroder
ABSENT: Supervisor Fanden
ABSTAIN: None
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SUBJECT: Request for Reconsideration of Administrative Appeals
Filed by the Contra Costa Building and Construction
Trades Council
The Board on April 7, 1987 , closed the public hearing on the
administrative appeals of the Contra Costa Building and Construction
Trades Council on the decision of the Director of the Community
Development Department on the applicability of County Ordinance Code
Chapter 84-63 and the decision of the Building Inspector on the
issuance of permits to USS-POSCO relative to its modernization
project. The vote on the appeal was tied; Supervisor Fanden had
absented herself from the discussion and voting because of stock
holdings in the applicant' s company.
The Board received a letter (dated April 9, 1987) from Thomas
R. Adams, attorney representing the Contra Costa Building and
Construction Trades Council, advising of his desire to present new
information and therefore requesting the Board to reconsider the
above noted appeals.
Chairman McPeak noted that several letters were received
requesting reconsideration or resolution of this matter.
Supervisor Fanden advised that she has received a reply to her
inquiry from the Fair Political Practises Commission stating that
she cannot vote to break a tie. Therefore, she absented herself
from the discussion.
In response to questions of the Chair, Harvey Bragdon, Director
of Community Development, advised that his staff, Health Services
staff, and Professor Morris have reviewed the letters and are of the
opinion that no new information was submitted to change staff's
recommendations.
V. Westman, County Counsel, explained that the County Ordinance
Code does not provide for reconsideration of non-planning admi-
nistrative appeal decisions. Mr. Westman referred to his prelimi-
nary opinion given following the tie vote, and advised that upon
further review takes the position that in effect the appeal was
denied.
Tom Adams appeared and urged the Board to grant reconsideration
to allow his client opportunity to present further testimony on the
closed loop system of the cold reduction process and other related
issues that he believed were not adequately addressed.
Supervisor Powers moved to set April 28, 1987 for discussion on
whether or not to hear arguments for reconsideration. Supervisor
McPeak seconded the motion.
Supervisor Torlakson advised that he would not be opposed to
hearing presentations to justify a decision for granting recon-
sideration. He noted that the new information alluded to in Mr.
Adam' s letter has not been submitted to county staff. Supervisor
Torlakson stated that he would not be in favor of calendaring this
issue for discussion until the appellants submit in writing documen-
tation to support their position with that information to be
reviewed by staff. Therefore, Supervisor Torlakson offered a
substitute motion and moved that staff of the Community Development
Department review written documentation submitted by the appellants
and report to the Board.
Supervisor Powers agreed and seconded the substitute motion.
Supervisor Schroder noted that prior to the hearing on April 7,
1987, all parties were asked to present all information to support
their positions. Since he did not believe the Board' s instructions
were followed, he advised that he would not support the motion.
Supervisor McPeak requested that copies of all newly submitted
information also be distributed to Board members.
Therefore, IT IS BY THE BOARD ORDERED that the Director of
the Community Development Department is INSTRUCTED to review all
additional material submitted by the Contra Costa County Building
and Construction Trades Council and to recommend to the Board if
there is a basis for further consideration of this matter.
IT IS FURTHER ORDERED that staff is INSTRUCTED to distribute to
all Board members copies of additional information submitted by the
appellants.
I hereby certify that this 13 a true and correct csopy of
an action taken and entered on the knirswas jai tie
Board of Supervisors on the dater shown.
cc: Director, Community ATTESTED: i �-�— °Z 7
Development Department PHIL BATCHELOR, Clerk of the Board
Health Services Director
of Supervisors and County Administrator
County Counsel
County Administrator By, - ,_._ Deputy