HomeMy WebLinkAboutMINUTES - 11281989 - T.5 TO: BOARD OF SUPERVISORS ^^ ,�,++
FROM: Victor J. Westman, I.x ltra
County Counsel Costa
DATE: November. 2 7, 1989 COU*
SUBJECT: Staff Recommendations and Report on settlement agreement in
connection with La Casa Via Neighborhood Association v. County of
Contra Costa, et al.
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I . RECOMMENDED ACTION: Approve and authorize Chair to execute "Mutual
Compromise Settlement and Release Agreement" and "Indemnification
Agreement" in connection with the above legal action.
II. FISCAL IMPACT: None.
III . REASONS FOR RECOMMENDATION: Approval of the settlement agreement
and related indemnification agreement will dispose of the above
litigation without further exposure or expense to the County.
IV. BACKGROUND: On December 13, 1988 the Board approved an application
by Perma-Bilt Homes for a general plan amendment, rezoning and final
development plan, and tentative map for subdivision 7146, pertaining to
property commonly known as 230 La Casa Via, in the Walnut Creek area.
On January 13, 1989 the La Casa Via Neighborhood Association brought the
above action in Contra Costa County Superior Court, seeking a writ of
mandate to overturn the Board's action.
The parties (including the developer, Perma-Bilt Homes) have negotiated
a ,compromise 'of the lawsuit and have proposed a settlement agreement and
attached -indemnification agreement. The agreement provides for a
planning procedure to settle the dispute and for dismissal of the
litigation without any party admitting liability for any of the
allegations contained in the pleadings . Under the agreement John Muir
will purchase the subject property and seek to have the City of Walnut
Creek master plan the La Casa Via area. If such process succeeds, John
Muir will seek annexation to the City and will pay the Neighborhood
Association up to. $35,000 in attorneys' fees in connection with the
present lawsuit.
V. CONSEQUENCES OF NEGATIVE ACTION: The County will incur further
expense in defending against the litigation, with a possibility of a
negative result and possible exposure to a claim for attorneys ' fees .
CONTINUED ON ATTACHMENT; YES SIGNATURE;
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATUREIS):
ACTION OF BOARD ON November 28, 19 8 9 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: Community Development Department ATTESTED November 28, _1989
County Administrator PHIL BATCHELOR, CLERK OF THE BOARD OF
County Counsel
SUPERVISORS AND COUNTY ADMINISTRATOR
BY O ,DEPUTY
M382/7-83 -
T6 BOARD OF SUPERVISORS ++
Harvey E. Bragdon, Contra
Director of Community Development Cos�a
DATE* November 28, 1989 coir y
SUBJECT: Development Agreement between Contra Costa County and John Muir
Medical Center for the Retirement and Congregate Care Facility
(County File #2799-RZ, #3017-88 and SUB 7146)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATION
1. Accept the Negative Declaration prepared for this project as
being adequate..
2. Find that the attached development agreement is consistent
with the County General Plan and Conditions of Approval for
the Retirement and Congregate Care Facility (County File
#2799-RZ, #3017-88 and SUB 7146) .
3. Adopt the attached Ordinance for the John Muir Medical
Center Development Agreement.
4. Authorize the Director of Community Development to sign and
execute the Agreement after it has been duly signed by the
applicant, John Muir Medical Center.
BACKGROUND/REASONS FOR RECOMMENDATION
This matter was heard by the Zoning Administrator on November 6,
1989 and was found to be in conformance with the County General
Plan, and with the Conditions of Approval for Rezoning and
Preliminary Development Plan 2799-RZ, Final Development Plan
3017-88 and Subdivision 7146 .
CONTINUED ON ATTACHMENT: _ YES SIGNATURE: P1AAAo.As�
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARDC MITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON November ' ,
1989 APPROVED AS RECOMMENDED OTHER
This being the time heretofore noticed for hearing before the
Board of Supervisors on the Development Agreement between Contra Costa
County and John Muir Medical Center for the Retirement and Congregate
Care Facility in the Walnut Creek area, Silvano Marchesi, County
Counsel, advised the Board on the settlement agreement also before the
Board today for consideration (item T. 5A) and Karl Wandry, Community
Development Department; presented the staff report on the development
agreement (item T.5B) before the Board. Mr. Wandry advised the Board
of the staff recommendation that the Board approve recommendations 1,
2, 3, and 4 listed above, and he requested the Board vote separately
on the settlement agreement and indemnification agreement and the
development agreement.
Mr. Marchesi requested that the Board authorize the Chair to sign
both the settlement agreement and the indemnification agreement at
this time.
The public hearing on the proposed development agreement was
opened and the following person appeared to speak:
Mark Armstrong, Thiessen, Gagen & McCoy, 279 Front Street,
Danville, attorney for John Muir Memorial Hospital, spoke in favor of
the development agreement.
Supervisor McPeak questioned the possibility of an extension of
the John Muir campus that did not address senior needs directly.
Mark Armstrong responded to Supervisor McPeak' s inquiry.
Supervisor McPeak recommended communication directly with John
Muir Medical Center and the City of Walnut Creek if the settlement
were approved urging them to give first consideration and highest
priority to senior health care needs.
The Board discussed the matter.
The public hearing was closed.
Supervisor McPeak moved for approval of the Development
Agreement.
IT IS BY THE BOARD ORDERED that recommendations 1, 2, 3 , and 4
are APPROVED; and as in recommendation 3, Ordinance No. 89-87 is
ADOPTED.
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: Community Development Department ATTESTED November 28, 1989
County Counsel - -
John Muir Medical Center via CDD PHIL BATCHELOR, CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY rJAAA,% JA, p DEPUTY
M382;'1-83
r,,5B
J
ORDINANCE NO. 89- 87
(Retirement and Congregate Care Facility Development Agreement)
The Contra Costa County Board of Supervisors ordains as follows:
Section I. The Board hereby finds that the provisions of that
certain Retirement and Congregate Care Facility Development
Agreement between the County of Contra Costa and John Muir
Medical Center, a copy of which is on file with the Clerk of the
Board, and which has been recommended for approval by the County
Zoning Administrator, is consistent with the County's General
Plan and conditions of approvals for the Retirement and
Congregate Care Facility project.
Section II. The Board hereby approves, pursuant to the
authorization provided in Section 65864 et sea. of the Government
Code of the State of California, entering into that certain
Retirement and Congregate Care Facility Development Agreement
between the County of Contra Costa and John Muir Medical Center,
subject to review and approval of the Community Development
Department and County Counsel.
Section III. If any section, subsection, subdivision, paragraph,
sentence, clause or phrase of this ordinance is for any reason
held to be unconstitutional or invalid, such a decision shall not
affect the validity of the remaining portions of this ordinance.
The Board hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase of
this ordinance irrespective of the unconstitutionality or
invalidity of any section, subsection, subdivision, paragraph,
sentence, clause or phrase.
Section IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days of passage shall be
published once with the names of supervisors voting for and
against it in the Contra Costa Times, a newspaper published in
this County.
PASSED on November 28, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, Schroder, McPeak and Zorlakson
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the
Board of S ervis rs and County Administrator
By: ° l m / dod-19Yt
e uty Board Chair
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