HomeMy WebLinkAboutMINUTES - 04171990 - 2.7 �. 7
TOBOARD OF SUPERVISORS
FROM: Victor J. Westman, County Counsel Contra
Costa
DATE: April 16, 1990 cam
SUBJECT: Oakley/North Brentwood Area General Plan
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Set aside Board's adoption of Oakley/North Brentwood Area
General Plan as adopted on December 21, 1989, in Resolution No. 89/815.
2. Set aside Board's certification on December 21 ,1989 of
Oakley/North Brentwood Area General Plan Environmental Impact Report in
Resolution No. 89/813 , as it applies only to said General Plan, and not
to the Oakley Redevelopment Plan or any other project.
3 . Approve and authorize County Counsel to execute on behalf of
the County a settlement agreement and a Stipulated Dismissal and Order
in Action No. C90-00319) .
BACKGROUND:
On December 21, 1989 the Board approved the Oakley/North Brentwood
Area General Plan. The County has received comments from various
sources that this area general plan should be considered as part of the
pending Countywide General Plan Update. In addition, the 12/21/89
decision was challenged by a legal action filed by the Sierra Club, the
Audubon Society, and the Greenbelt Alliance. One of the allegations in
the legal challenge is that the County should have waited until adopting
the Countywide General Plan Update before considering the Oakley plan.
Staff has concluded that, in light of the ongoing General Plan
Update process, the comments received, and the legal challenge filed,
County resources could be better used in incorporating the Oakley/North
Brentwood Area General Plan policies in the Countywide General Plan
Update than in defending the pending challenge. Staff has negotiated a
Settlement Agreement and Stipulated Dismissal and Order with the
petitioners in the pending litigation (Action No. C90-00319) . Staff
therefore makes the above recommendations.
• y
CONTINUED ON ATTACHMENT: YES SIGNATURE;
,Z,0
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF 19ARD COMMITTEE
APPROVE OTHER
SIGNATURE(S): ^7
ACTION OF BOARD ON April 17, 1990 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
1 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: County Administrator ATTESTED April 17, 1990
Community Development
County Counsel PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPE ISORS AND COUNTY ADMINISTRATOR
BY
M382/7-83 44 4 DEPUTY