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TO: BOARD OF SUPERVISORS --nnII
FROM: Victor J. Westman, County Counsel ulF`
By: Kevin T. Kerr, Deputy County Counsel
DATE: July 27, 1994
SUBJECT: North Concord Homeless Shelter
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1 . That the County Counsel be authorized on behalf of the
Board of Supervisors to enter further agreement with Memory
Gardens, Inc. that any limitations periods within which Memory
Gardens must file legal actions concerning the North Concord
Homeless Shelter be tolled and extended until and through October
31, 1994 .
2 . That the Board of Supervisors ratify any County Counsel
agreement to extend any limitations periods within which Memory
Gardens could file legal actions until and through August 31, 1994 .
BACKGROUND
Memory Gardens, Inc. challenged the County's North Concord
Homeless Shelter in Superior Court from December 1991 to May 1994 .
In May 1994 , the Board of Supervisors, among other things,
certified an environmental impact report concerning the North
Concord Homeless Shelter. Since May of this year, the County and
Memory Gardens have engaged in productive settlement discussions .
Accordingly, the Board authorized the County Counsel to toll and
extend any limitations periods within which Memory Gardens could
file legal actions until and through August 1, 1994 . Before August
1, 1994, the County Counsel anticipates further agreeing to extend
any limitations periods within which Memory Gardens could file
legal actions until and through August 31, 1994 .
Tolling and extending limitations periods will allow the
settlement discussions to continue without the filing of a legal
action. If the dispute can be settled, there will be significant
savings for the County in avoiding legal costs .
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CONTINUED ON ATTACHMENT: YES SIGNATUR
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R&.'Gvr.T &
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON /J �, _�r9�-4 _ APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
,---"'UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Orig:County Counsel ' s Office ATTESTED �. �qq/-
cc: Housing Authority PHIL JfATCHELM, CIERK OF
Social Service Department THE BOARD OF SUPERVISORS
CONTACT: Kevin Kerr, Deputy County Counsel AND COUNTY A MINISTRATOR
(646-2066) BY %,j,,/�,�1 11 a , DEPUTY