HomeMy WebLinkAboutMINUTES - 02111992 - X.2 TO: BOARD OF SUPERVISORS is .... Contra
Victor J. Westman, County Counsel
FROM: Costa
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February 11, 1992
County
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DATE: ,rq c6iN�
Settlement of Litigation (Contra Costa County v. Pinole Point Properties, Inc., et al.)
SUBJECT:
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION
I. RECOMMENDATIONS: Approve agreement, subject to approval by County Counsel of final
language, between the County and Bethlehem Steel Corporation, to resolve all disputes in connection
with the above condemnation action regarding the West County Justice Center property. Authorize the
Board Chair to sign the agreement and other, related documents.
II. FISCAL IMPACT: Approximately $65,000.
III. REASONS FOR RECOMMENDATION: In connection with acquiring the property for the
West County Justice Center, the County filed the above condemnation action. Since Bethlehem Steel
Corporation had certain mineral rights in part of the property taken by the County, Bethlehem Steel
was named as a defendant. These parties have agreed to settle the litigation through this agreement. It
protects Bethlehem Steel's mineral rights and access to its utility easements by providing that the.
County will grant certain easements to Bethlehem Steel. In exchange, Bethlehem Steel waives all
compensation except its litigation expenses and potential loss of use claim.
IV. CONSEQUENCES OF NEGATIVE ACTION: If the agreement is not entered into, Bethlehem
Steel will remain in the condemnation action, which is scheduled to go to trial on February 18, 1992.
The Corporation would be expected to assert a property interest and, thus, increase the length and
complexity of the trial.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURES:
ACTION OF BOARD ON e ruary il , APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X I I 1 HEREBY CERTIFY THAT THIS IS A TRUE
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.
February 11 , 1992
CC: County Administrator ATTESTED
At to: G. Roemer PHIL BATCHELOR,CLERK OF THE BOARD OF
County Counsel SUPERVISORS AND COUNTY ADMINISTRATOR
Public Works (Real Property Div.)
Bethlehem Steel (via Co. Counsel)
M362 (10'88)
BY ,DEPUTY
MOTION ON SETTLEMENT AGREEMENT WITH BETHLEHEM STEEL
Approve agreement, subject to approval by County Counsel of final language, between
the County and Bethlehem Steel Corporation, to resolve all disputes in connection with the
condemnation action regarding the West County Justice Center property. Authorize Board Chair
to sign the agreement and other, related documents.
, TO: -- BOARD OF SUPERVISORS
Contra
FROM:
Tom Powers, First District Supervisor Costa
County
DATE: February,11-, 1992
SUBJECT: Regulations Regarding Unexpected Releases
by Petro Chemical Companies.
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
Recommendation:
1 ) Direct the Health Department to set up mandatory notice procedures for
releases by petro chemical companies in Contra Costa County. Also, include
a notice 24 hours in advance of a proposed unit start-up.
2) Ask the BAAQMD to amend its regulations to require all regional petro chemical
companies to give notice to them and to local emergency agencies upon
discovering a release. A 24 hour notice of a unit start-up should be included
in such new regulations.
Background:
The attached report supplements our internal reports which followed the 12/5/91
Chevron, Point Richmond release.
Notice to agencies was late. This practice must be stopped because it does not
allow communities time to evacuate, if necessary.
CONTINUED ON ATTACHMENT: -YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE
APPROVE -OTHER
SIGNATURE S APPROVED AS RECOMMENDED OTHER
ACTION OF BOARD ON
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
UNANIMOUS(ASSENT
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED
CC: PHIL BATCHELOR.CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
BY ,DEPUTY
M382 (10/88)