The URL can be used to link to this page

Home My WebLink AboutMINUTES - 08091994 - CS r CS THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY DATE: August 9, 1994 MATTER OF RECORD SUBJECT: CLOSED SESSION The Chairman announced that a closed session would be held in accordance with the parameters as set forth in the attached announcement. (Attachment A) . At 10 a.m. the Board recessed into closed session in Room 105 of the County Administration Building, 651 Pine Street, Martinez. At 11: 15 a.m. the Board reconvened and continued with the regular agenda. At 1: 30 p.m. the Board recessed into closed session in Room 105 of the County Administration Building. At 2 : 15 p.m. the Board reconvened. V. Westman, County Counsel, announced that the Board in Closed Session this day approved the settlement agreement in the case of Helix v. Southern Pacific Transportation Corp. et al, USDC C922313DLJ, by unanimous vote of the Supervisors present (Powers, Smith, Bishop, and DeSaulnier) . Supervisor Torlakson advised in open session that he would like the vote to also reflect his "aye" vote. Therefore, the vote on this matter is reaffirmed to reflect the unanimous approval of all five Supervisors.) (Attachment B) . The Board then continued with the regular agenda. ATTACHMENT A SUPPLEMENTAL CALENDAR OF CLOSED SESSION ITEMS FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS AND ROOM 105, ADMINISTRATION BUILDING TUESDAY, August 9, 1994, 9 A.M. A. EXISTING LITIGATION - CONFERENCE WITH LEGAL COUNSEL. (LITIGATION HAS BEEN FORMALLY INITIATED, GOV. CODE, § 54956.9(A) . ) , CASES: 1. Acme Landfill Corp. v. Althin C.C. Medical, Inc. , USDC North Dist. , No. 91-4268 SBA Acme Landfill Corp. v. C.C.C. , et al. , C93-02532 r 2 . Robert Mueller v. Co. of Contra Costa, Sup. Ct. No. C94-01030 3. Helix v. South. Pacific Transportation Corp. , USDC North. Dist. No. C92-2313 DLJ 4 . C.C.C. Housing Authority v. Western Roofing Service, et al. , Sup. Ct. No. C93-04948 5. Latimore, et al. v. C.C.C. , et al. , USDC North. Dist. No. CV 94-1257 C. B. CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO SUBDIVISION (B) OF SECTION 54956 .9, POTENTIAL CASES: 1. § 54956 .9, (B) ( 1) & (3) (a) - One. C. PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, TITLES: Community Services Director and County Administrator D. CONFERENCE WITH LABOR NEGOTIATORS: 1 . Agency Negotiator: County Administrator 2 . Unrepresented Employees : (a) Board of Supervisors ' Assistants (b) Agricultural Commissioner (c) Assistant County Registrar of Elections df10(2): cl-ses.sp - _ Contra Costa TO: BOARD OF SUPERVISORS/REDEVELOPMENT AGENCYCounty r c uhf J FROM: PHIL BATCHELOR COUNTY ADMINISTRATOR/EXECUTIVE DIRECTOR DATE : August 9, 1994 SUBJECT: Hookston Station/Pleasant Hill BART Station Area SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS APPROVE the Settlement Agreement and Release between Contra Costa County and its Redevelopment Agency and Mike Hall, dba John Bull Auto; Byron T. Horn and Richard Valles, dba B&D Towing; John deBeaumont and Albert deBeaumont, deceased, dba Tri-City Concrete; American Tow, Inc. ; Inland Masonry; Elizabeth Pearson, dba Pearson Lumber; Ashby Lumber Company; and Pitcock Petroleum (the Small Defendants) , and AUTHORIZE the Deputy Director - Redevelopment to execute said Agreement on behalf of the Redevelopment Agency and County Counsel to execute on behalf of the County. FISCAL IMPACT The Settlement Agreement and Release provides for the Small Defendants to pay a settlement amount to the County and the Hookston group. No General Funds are involved. CONTINUED ON ATTACHMENT: XX YES SIGNATURE : f� RECOMMENDATION OF EXECUTIVE DIRECTOR RECOMMENDATION OF AGENCY COMMITTEE APPROVE OTHER SIGNATURE (S) : ACTION OF AGENCY ON APPROVED AS RECOMMENDED OTHER SEE MATTER OF RECORD FOR THIS ACTION. VOTE OF COMMI ONERS I HEREBY RTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE D CORRECT COPY OF AN AYES: NO A ON TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: INUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Source: James Kennedy 646-4076 cc: County Administrator ATTESTED County Counsel PHIL BATCHELOR Public Works Real operty AGENCY SECRETARY Community Devel ent via Redeve ment Helix & ssociates BY , DEPUTY Jaff aw Firm G dfarb & Lipman JK:1h sra15/hookston.bos BACKGROUND/REASONS FOR RECOMMENDATIONS On June 20, 1989 the Board of Supervisors and the Redevelopment Agency approved the acquisition of the Hookston Station property from John B. Hook, et al, Seller. The property is located in the area north of the Pleasant Hill BART Station Area, along the former Southern Pacific right of way between Mayhew and Hookston Road. The property was purchased by the County using Redevelopment and State funds to implement adopted General Plan policy relative to development of an arterial that would connect the Pleasant Hill BART Station Area with Monument Boulevard. The Purchase Agreement provided for a toxic investigation to be completed. Site assessments and subsequent investigations have determined that contaminants exist on the site. Under federal and state law, the Agency and the Seller may seek relief from prior owners and tenants of the property whom the Agency and Seller believe may have caused the toxic materials to be placed on the property. The Settlement Agreement with the Small Defendants indicates the belief that said Small Defendants have little if any responsibility for toxic materials on the property.