HomeMy WebLinkAboutMINUTES - 04241990 - 2.5 2. 5
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on April 24, 1990 by the following vote:
AYES: Supervisors Schroder, McPeak, and Torlakson
NOES: Supervisor Fanden
ABSENT: Supervisor Powers
ABSTAIN: None
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SUBJECT: Request For Reconsideration By Thomas J. Fawcett Of
Decision On Mt. Meadows Project, Subdivision 7118, In
The Morgan Territory Area.
On April 10 , 1990 , the Board of Supervisors approved the
tentative map for Subdivision 7118 with amended conditions, a request
by Robert Pacini (applicant) and ASPARA, Inc. (owners) to renew an
expired Tentative Map for Subdivision 7118 in the Morgan Territory
area.
On April 12, 1990, the Board of Supervisors received a request
from Thomas J. Fawcett (dated April 12, 1990) for reconsideration of
the Board' s decision on April 10, 1990 pursuant to Ordinance Code
Section 26-2. 2408.
Karl Wandry, Community Development Department, advised that what
is before the Board is a determination as to whether there is new
information presented by the April 12, 1990 request that was not
before the Board during the hearing on the project and the
determination whether the Board should again hear the project and
re-open the hearing. He presented the staff recommendation that the
request for reconsideration be denied and the previous decision of the
Board upheld.
Supervisor Torlakson indicated support for the staff
recommendation and requested clarification from staff as to the
procedure for hearing the request for reconsideration.
Victor Westman, County Counsel, responded to Supervisor
Torlakson' s question on procedure. In part, he indicated that Section
26-2 . 2408 requires that a timely filed request for reconsideration
allege pertinent factual or legal matters not brought to the Board' s
attention prior to it rendering the April 10th decision. Finally, he
noted that the April 12th request did not allege any such factual or
legal matters.
The following person appeared to speak:
Mr. Thomas J. Fawcett, 1107 Whispering Pines Road, Clayton,
commented on the reasons for his April 12th request, on a letter dated
April 23 , 1990 from himself to the Board of Supervisors and a letter
from Smith, Darst & Cornwall, to the Board of Supervisors dated April
23 , 1990 . He also commented that he would not object to the Board
delaying the decision on his request until all Board members could be
present.
Supervisor Torlakson commented that no new information had been
submitted by Mr. Fawcett' s request, and moved to deny the request for
reconsideration pursuant to the provisions of Section 26-2. 2408.
Supervisor Fanden indicated she would be voting for the request
for reconsideration consistent with her vote on April 10, 1990.
IT IS BY THE BOARD ORDERED that the request for reconsideration
by Mr. Thomas J. Fawcett of the Board of Supervisor' s April 10 , 1990
decision on Subdivision Map 7118 is DENIED.
I hereby certity that this is a true and Correct copy of
an action taken and entered on the minutes of the
Board of sora o the date shown.
ATTESTED: 12
P Lektcmaom cierk of the Board
of SupeM pro and f'A ty ministrat"
Orig. Dept. : Clerk of the Board (I °
cc: Community Development Department BY 'Do"
County Counsel
Thomas J. Fawcett
Robert Pacini
ASPARA, Inc.