HomeMy WebLinkAboutMINUTES - 06141988 - 2.1 (2) THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on June 14, 1988 , by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder
NOES: None
ABSENT: None
ABSTAIN: None
------------------------------------------------------------------
------------------------------------------------------------------
SUBJECT: East County Corridor Study
In response to Board referral dated April 19, 1988, the
Board received the attached report dated June 7, 1988 from Victor
J. Westman, County Counsel, relative to the East County Corridor
Study.
IT IS BY THE BOARD ORDERED that receipt of the attached
report is ACKNOWLEDGED.
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervi s on the dete shown.
cc: County Administrator ATTESTED: / 9
PHIL BA HELOR, Clerk of the Board
of Supervisors and County Administrator
By c.L , Deputy
amp
COUNTY COUNSEL'S OFFICE Oto
CONTRA COSTA COUNTY
Dare: June 7, 1988 MARTINEZ, CALIFORNIA
To: Board of Supervisors
From: Victor J. Westman, County Counsel
By: Silvano B. Marchesi, Asst County Counsel P
Re: East County Corridor Study
On 19 April 1988 the Board asked this office to report on
the environmental process proposed for this project. We
understand from the Public Works Director' s report of that date
that certain members of the Steering Committee propose that an
EIR be prepared for a portion of the corridor, i.e. , from Antioch
to Brentwood (the "Delta Expressway" ) . The entire corridor
includes additional stretches between Brentwood and Livermore,
and between Brentwood and Tracy.
CEQA defines a project as "the whole of an action, which has
a potential for resulting in a physical change in the environment
. . . (State CEQA Guidelines S 15378(a) ) The courts have
clearly stated that a project cannot be split into pieces in
order to avoid full compliance with CEQA. In BozunQ v. Local
Agency Formation Commission ( 1975 ) 13 Cal. 3d 263, the California
Supreme Court stated that
"environmental considerations do not become submerged
by chopping a large project into many little ones--each
with a minimal potential impact on the environment--
which cumulatively may have disastrous consequences . "
(BozunQ, supra, 13 Cal . 3d at 283-84)
In our view, an EIR which describes the project as
consisting of the Delta Expressway would be difficult to defend.
However, we have been advised by Public Works staff that the
Steering Committee is recommending the preparation of a program
EIR covering the potential improvement of the entire corridor.
(State CEQA Guidelines SS 15165, 15168 ) . This is consistent
with our recommendation to Community Development staff earlier
this year.
Board of Supervisors June 7, 1988
We are available to provide further assistance to the
Community Development and Public Works Departments .
cc: J. Michael Walford, Public Works Director
Attn: Road Engineering Division
Harvey E. Bragdon, Director of Community Development
Attn: Barbara Neustadter, Deputy Director -
Transportation
Attn: Dennis Barry, General Plan Review Program
2